scholarly journals Police legitimacy

2021 ◽  
Vol 5 (3) ◽  
pp. 34-44
Author(s):  
M. P. Kleymenov ◽  
M. V. Sedeltsev
Keyword(s):  
Public Opinion ◽  
Police Officers ◽  
Small Businesses ◽  
Extreme Case ◽  
Legal Regulation ◽  
Police Legitimacy ◽  
Public Confidence ◽  
The Law ◽  
The Impact ◽  
Police Activity

The subject of the article is assessment of public confidence in the police and the legality of its activities by the opinion of the Russian population. The purpose of the research is to identify the reasons that affect the assessment of the police legitimacy, its perception by the population. The authors also dare to identify the role of "problem areas" of police activity (related to different violations of the law) in people assessment.The methodology of the research includes: sociological survey among Russians, comparative criminological, statistical, hermeneutic methods, expert assessments.The main result, scope of applications. The central link of the police legitimacy is public trust, recognition, leading to the cooperation between the people and the authorities. Legitimacy assessments are formed based on the study of public opinion – the official monitoring procedure. The website of the Russian Ministry of Internal Affairs provides information on the results of monitoring public opinion about the activities of the police, but an analysis of its content allows us to note its superficiality and unconvincing optimism. This is obviously affected by the shortcomings of the departmental legal regulation of the process of monitoring public opinion about the activities of the police, which, judging by the questionnaire questions (there are only three of them), is rather imitative in nature. We believe that the official monitoring of public opinion on the activities of the police, at a minimum, should be supplemented by the results of independent sociological studies aimed at establishing "problem areas" of police activity related to violations of the law, violence, ill-treatment, provocations, inducing someone, directly or indirectly, to commit illegal actions, other official abuses. Otherwise, the regulatory requirements for the activities of the police, which establish the foundations of its legitimacy, cannot be fully implemented. The survey of 362 citizens conducted by the authors allows to state that, with a fairly high assessment of the activities of the Russian police, respondents pay attention to the existence of such problems as: the lack of transparency of police activities and the presence of formal and informal means of evading the legality of police activity, the tolerance of justice authorities to police lawlessness, intoxication with power by police officers, the impact of police brutality on social and legal despair, violation of the law in the name of achieving its falsely understood goals. The extreme case of perverted official zeal is the execution of illegal orders. There are quite widespread ideas in public opinion that entrepreneurs often become victims of extortion by the police, that the police take bribes from medium and small businesses, that you can buy off police officers. At the same time, the results of the study indicate that a significant part of the population is determined to cooperate with the police.Conclusions. The public demand for the police is relevant, the honor and main meaning of which is to protect the interests of all people and serve justice. People need such policemen who will demonstrate not strength and power, but simple human complicity. This is the main secret of the legitimacy of the police. Another secret lies in the orientation of personnel policy towards professionals in the police: their selection, training and support in difficult situations.

scholarly journals Legal Regulation of Campaign Deliberation: Lessons from Brexit

2019 ◽  
Vol 7 (2) ◽  
pp. 268-277
Author(s):  
James Organ
Keyword(s):  
Direct Democracy ◽  
Effective Means ◽  
Legal Regulation ◽  
Political Campaigns ◽  
Political Actors ◽  
Political Campaigning ◽  
Starting Point ◽  
The Law ◽  
The Impact

There has been significant attention paid to explaining and understanding the impact of the UK’s vote to leave the EU on UK politics and its constitution. There has also been criticism of the political campaigning, from both the “leave” and “remain” sides, and of people’s understanding of what they were voting for. There has been limited discussion, though, of how to improve the quality of campaign deliberation, which is fundamental to the legitimacy of both representative and direct democratic processes. Using the UK’s vote on EU membership as a case study, this article examines the importance of the law to regulate and improve deliberation prior to direct public votes on specific policy issues. It also considers options for changes to the law and for its implementation, using the current provisions about false statements in electoral law as a starting point. The article argues that the quality of deliberation during UK referendum campaigns needs to improve and that legal regulation should be developed. There are, however, significant challenges in drafting legislation that appropriately defines and limits the use of misleading statements, and at the same time avoids excessive restriction of free speech, or an excessively political role for regulatory bodies and the courts. Given the nature of political campaigning and the challenges in reducing the use of misleading statements by political actors through legal regulation, increased deliberative opportunities for citizens are proposed as a complementary, perhaps more effective means to positively enhance deliberation in political campaigns. Whatever approach is taken, direct democracy needs to be combined effectively with representative democracy, based on a common underlying principle of the importance of deliberation, and not treated as a separate part of a state’s democracy.

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

Features of financial and legal regulation of public relations in the context of mitigating economic consequences in the fight against the COVID-19 pandemic

2021 ◽  
pp. 670-677
Author(s):  
Anna V. Savina
Keyword(s):  
Public Relations ◽  
Small Businesses ◽  
Legal Regulation ◽  
The State ◽  
Economic Consequences ◽  
Modern World ◽  
Special Role ◽  
Role Of The State ◽  
Starting Point ◽  
The Impact

The relevance of this study is due to the fact that in the modern world, including Russian, law and order, a special mechanism of “anti-crisis regulation” is being transformed, which in the context of a pandemic has be-come heterogeneous, with a permanent convergence of the norms of private and public law. Proceeding from the fact that anti-crisis regulation is pre-dominantly part of the state policy in a particular area, it is proposed to un-derstand that the epidemiological crisis itself is the starting point for other crisis phenomena (financial, demographic and other crises), the prevention or reduction of the impact of which is the most important task of any state. We consider the relevant aspects of crisis management. We analyze the catego-ries of countercyclical and pro-cyclical regulation, investigated the issues of fiscal policy. We pay attention to behavioral economics and the role of the state in its functioning. We note that the directions of spending budget funds in one way or another depend on the behavioral economy, which is not al-ways manageable. We provide an analysis of the concept of “choice architecture” in the aspect of a “push” decision-making mechanism, in which a special role is assigned to the state. We emphasize the growing importance of financial programs to support small businesses or citizens wishing to become individual entrepreneurs, self-employed.

scholarly journals Abigeatus – mājlopu zādzība jeb aizdzīšana – kā noziedzīgs nodarījums pret īpašumu romiešu tiesībās

2021 ◽  
Vol 1 (19) ◽  
pp. 67-75
Author(s):  
Allars Apsītis ◽  
Osvalds Joksts
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Primary Sources ◽  
Legal Principles ◽  
Current Article ◽  
The Law ◽  
The Republic ◽  
The Impact

Rakstā atspoguļoti atsevišķi rezultāti no autoru realizētās romiešu tiesību pirmavotu izpētes saistībā ar tajos atrodamo informāciju par noziedzīgiem nodarījumiem pret īpašumu, kas mūsdienu Latvijā kriminalizēti Krimināllikuma 175. pantā “Zādzība”, 176. pantā “Laupīšana” un 179. pantā “Piesavināšanās”. Apskatīta un analizēta tiesiskā reglamentācija attiecībā uz abigeatus – mājlopu zādzību jeb aizdzīšanu, kas tika uzskatīta par bīstamāku un smagāku nodarījumu nekā parasta zādzība (lat. furtum) un tāpēc bargāk sodīta. Aplūkoti arī minētā noziedzīgā nodarījuma kvalifikācijas un sodīšanas politikas legālie kritēriji romiešu tiesībās. Saskaņā ar autoru informāciju Latvijas pētnieki šo tematiku visai maz apskatījuši, un pētījums varētu dot zināmu ieguldījumu nacionālās tiesību zinātnes attīstībā, īpaši jautājumā par romiešu tiesību principu ietekmi uz Latvijas Republikas normatīvajos aktos ietvertajiem mūsdienu tiesību institūtiem. The article deals with the results of research performed on the primary sources of the Roman Law regarding offences against property contemporaneity criminalised in the Criminal Law (Sections 175. Theft, 176. Robbery, 179. Misappropriation) of modern-day Latvia. It describes and analyses the Roman Law legal regulation regarding abigeatus – the offence of cattle stealing or “rustling” which was considered as a more dangerous and serious offense than ordinary theft (furtum) and therefore more severely punishable. According to the information in the possession of the authors, Latvian researchers have not yet in particular studied the current theme, and the publications in the Latvian language have not been detected yet. Accordingly, the current article could provide certain contributions to the development of the national field of law, especially regarding the impact of Roman legal principles on the development of modern legal institutes incorporated in the law of the Republic of Latvia.

The teenage subculture in the work of police officers

2016 ◽  
Vol 1 (1) ◽  
pp. 5-5
Author(s):  
Кузьмина ◽  
Alena Kuzmina
Keyword(s):  
Police Officers ◽  
Questionnaire Survey ◽  
Deviant Behavior ◽  
Psychological Characteristics ◽  
Ministry Of Education ◽  
Mechanisms Of Formation ◽  
State Organizations ◽  
The Impact ◽  
Police Activity

The article is devoted the analysis of possibilities of the specific subculture of a teenager in police activity. The identified psychological characteristics of puberty, defined the characteristics of the adolescent subculture, graffiti is considered as an element of the subculture of the teen, identified the need to study adolescent subculture, including graffiti by police officers working directly with minors. During the questionnaire survey identified areas that need more focus for training: 1)about the peculiarities of the psychology of teenagers and the impact of crises on his behavior; 2) about modern teenage subculture, including criminal, sources of its formation and measures; 3) the mechanisms of formation of deviant behavior in adolescents;4) the interaction with public and state organizations (Ministry of education, Ministry of Health and so on). The analysis allows us to understand the role of knowledge about the subculture of teenage for police officers working directly with minors. This knowledge can tell him how to behave, what methods to use when communicating with the child.

scholarly journals Administrative Supervision of the National Police of Ukraine

2021 ◽  
Vol 81 (2) ◽  
pp. 72-78
Author(s):  
I. M. Kovalov ◽  
V. A. Yevtushok
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Legal Regulation ◽  
Educational Process ◽  
Scientific Article ◽  
Administrative Supervision ◽  
The Law ◽  
Compliance With The Law ◽  
National Police

The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.

scholarly journals Recalling a Police Officer from Leave: Problems of Legislation and Practice

2020 ◽  
Vol 89 (2) ◽  
pp. 84-93
Author(s):  
О. V. Chornous
Keyword(s):  
Comparative Analysis ◽  
Police Officer ◽  
Police Officers ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Employment Relations ◽  
State Official ◽  
The Law ◽  
National Police

The peculiarities of the procedure for recalling police officers from annual leave have been studied. The problems of legal regulation of this institution of labor law have been singled out. It has been noted that the annual leave of a police officer is divided into a basic leave, which may not be less than thirty calendar days, and an additional leave, the duration of which may not exceed fifteen days. It has been noted that the legislator did not provide a mechanism for recalling a police officer from annual leave. The author has analyzed specific features of the procedure for recalling some special categories of employees from leave. A comparative analysis of legal regulation of recalling a police officer, a serviceman and a state official from leave has been carried out. Gaps in the problem of legal regulation of the procedure for recalling a police officer from annual leave have been highlighted. It has been found out that the provisions of the Law of Ukraine “On the National Police” on recalling a police officer from annual basic and annual additional leave have gaps in this regard and need further improvement. The study is focused on resolving practical problematic aspects of the protection of constitutional, labor rights of police officers as a party to employment relations and improving special legislation on this issue, which includes the Law of Ukraine “On the National Police”.

Controlling the ‘Social Evil’: Policing Prostitution

2016 ◽  
Author(s):  
Louise Settle
Keyword(s):  
Police Officers ◽  
Social Attitudes ◽  
Police Chief ◽  
Men And Women ◽  
Social Evil ◽  
Street Prostitution ◽  
The Social ◽  
The Law ◽  
The Impact ◽  
The Way

This chapter focuses on the ways in which legislation was implemented by the police and magistrates on a day-to-day basis, and the impact police policies had on the regulation and organisation of prostitution. Rather than there being a ‘crack-down’ on prostitution, as was the case in other cities such as London during this period, in Edinburgh and Glasgow the number of arrests and convictions sharply declined. The chapter uses police, magistrates and prison records to explore these trends further and examine the various reasons behind these patterns, including the wider changes in social attitudes towards prostitution and the importance of police chief constables and police officers in shaping the way that individual men and women were treated under the law. In particular, the importance of the Scottish method of using cautions, a system that relied on distinguishing between ‘amateur prostitutes’ and ‘hardened prostitutes’, will be examined. The first half of the chapter begins by examining the policing of street prostitution and the second half explores the policing of brothels and ‘pimps’.

Good Policing

2020 ◽  
Author(s):  
Mike Hough
Keyword(s):  
Procedural Justice ◽  
Police Officers ◽  
Crime Control ◽  
Public Trust ◽  
Police Legitimacy ◽  
Justice Theory ◽  
Police Recruits ◽  
The Public ◽  
Police Contacts ◽  
The Law

This book conveys the ideas behind procedural justice theory as they apply to policing. It sets out important but complex ideas in jargon-free language to non-specialist readers with an interest in policing – including serving police officers and police recruits as they embark on a degree-level entry programme into the police service. The book’s main message is that public trust in the police builds police legitimacy, and people comply with the law and cooperate with the police when they see the police as legitimate. It argues that public trust in the police serves as the bedrock of police legitimacy. Procedural justice theory provides an account of the reasons why people obey the law that stresses the importance of fair and respectful treatment of the public, and an alignment between policing practice and people’s moral standards. It provides a narrative about crime control that questions the tough ‘no-nonsense’ solutions that politicians often reach for when crime problems emerge. The book’s main policy recommendations are that policing strategies and tactics should always be assessed against criteria of legitimacy, and that the quality of treatment in police contacts with the public is one of the keys to good policing.

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