scholarly journals Conflict of interest: law enforcement and conflictology

2022 ◽  
Vol 5 (4) ◽  
pp. 89-99
Author(s):  
N. A. Bobrova
Keyword(s):  
Law Enforcement ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
The State ◽  
Municipal Employees ◽  
Main Emphasis ◽  
Psychology And Economics ◽  
Science Philosophy ◽  
Scope Of Application

The subject. The article is devoted to conflictology as one of the most relevant, almost significant, debatable problems in law theory, legal sciences, political science, philosophy, psychology and economics. The author analyzes specific examples of conflicts of interest in various corruption spheres and manifestations, for example, in the sphere of participation of economic actors in the procurement announced by state and municipal authorities.The purpose of the article is to identify the nature of conflicts of interest as the basis of corruption.The methodology. The author uses comparisons of common and private, cause and effect, patterns and randomness, content and form, essence and phenomenon, the transition of quantity into quality, as well as the methods of sociology and psychology.The main results, scope of application. The article analyzes the relationship between corruption and nepotism. The article discusses legal and moral ways to prevent conflict, the role of ethical standards in conflict prevention, regulatory framework for preventing and settling them, the ratio of conflict of interest and employee qualifications, balance of material and personal interest, Commissions to prevent conflicts of interest, guaranteeing the role of writing notice of a conflict of interest, Features of the notification procedure, moral means of preventing and resolve conflicts of interest. Exclusively legal methods are insufficient to prevent and eliminate conflicts of interest and corruption-related risks. A combination of legal and moral measures is necessary, and most importantly, the exclusion of kinship and other forms of nepotism in the formation of government bodies and the appointment of officials, the hiring of state and municipal employees. It is necessary to exclude formalism from the institution of competitive selection of civil servants.Conclusions. The elimination of the contradictions between some federal anti-corruption laws has much less effect on the state of corruption in the state than the flourishing nepotism. The exercise of official functions takes place in the form of law enforcement: if there is no application of the law – there is no corruption. The main emphasis should be directed to the process of forming the apparatus of state and municipal authorities, employees of state and municipal institutions, primarily in the educational sphere, on which the upbringing of new generations of employees depends, the steady observance of high professional and moral requirements imposed on state and municipal employees and teachers in schools and universities.

General Particulars Regarding the Conflict of Interest

2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici
Keyword(s):  
Local Government ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
National Level ◽  
The State ◽  
Role Of The State ◽  
Legal Implications ◽  
Determining Factors ◽  
Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

scholarly journals The Control of Environment Management Through Administrative Court

2018 ◽  
Vol 31 ◽  
pp. 09024
Author(s):  
Aju Putrijanti
Keyword(s):  
Law Enforcement ◽  
Conflict Of Interest ◽  
Good Governance ◽  
Human Life ◽  
Environmentally Friendly ◽  
Environment Management ◽  
The Public ◽  
The People

Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment’s lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government’s decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge’s verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

Nuclear Brinkmanship with Two-Sided Incomplete Information

1988 ◽  
Vol 82 (1) ◽  
pp. 155-178 ◽  
Author(s):  
Robert Powell
Keyword(s):  
Incomplete Information ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Status Quo ◽  
The State ◽  
Expected Payoff ◽  
Sequential Bargaining ◽  
The Status

A brinkmanship crisis with two-sided incomplete information is modeled as a game of sequential bargaining in which each state is uncertain of its adversary's resolve. The sequential crisis equilibria are characterized explicitly and used to analyze the influences of resolve, misperception, and the status quo on escalation and crisis stability. The description of brinkmanship as a contest of resolve is found to be misleading: the state with the greatest resolve may not prevail in the crisis; a state may be less, not more, likely to prevail the greater its resolve; and a states' expected payoff may be less, not more, the greater its resolve. Moreover, reducing misperception may destabilize a crisis. Surprisingly, increasing the stake a potential challenger has in the status quo may not make a challenge less likely. Finally, crises involving severe conflicts of interest are shown to be less likely than crises not entailing a severe conflict of interest.

scholarly journals THE ROLE OF THE SUMMARY IN SAVING OF CONFUSED OBJECTIVES TO SUPPORT LAW ENFORCEMENT IN A CRIMINAL JURISDICTION SYSTEM

2018 ◽  
Vol 1 (2) ◽  
pp. 52-60
Author(s):  
Tri Budi Haryoko
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Criminal Procedure ◽  
Qualitative Approach ◽  
The State ◽  
The Core ◽  
Procedure Code ◽  
Storage House ◽  
Law Enforcement Officials

This writing aims to discuss the implementation of the duties and functions of  management of confiscated objects and booty of the state in the Class I Semarang  Sitemap Storage House. One of the core business of the implementation of the  RUPBASAN duties and functions is the function of saving the confiscated objects of the  state that have been mandated in. This paper will see if there is a gap gap when the  function of rescuing confiscated objects mandated by Law No. 8 of 1981 concerning the  Book of Law on Criminal Procedure (KUHAP) and Government Regulation Number 27 of  1983 concerning the Implementation of the Criminal Procedure Code can work well with  support and commitment. related law enforcement officials. It was also explained that  the storage of confiscated objects and booty of the State in the RUPBASAN aims to  guarantee the protection of the safety and security of confiscated objects for the  purposes of evidence at the level of investigation, prosecution, and examination in court  as well as objects which are otherwise confiscated for the state based on court decisions  which has permanent legal force.This paper uses a qualitative approach. The results of  the discussion indicate that the implementation of confiscated objects in RUPBASAN is in  accordance with the KUHAP mandate. But in its implementation these tasks and  functions have not been optimally supported both from internal institutions and related  law enforcement institutions. 

scholarly journals Topical problems of legal regulation of the institution of conflict of interest in the state civil service in the Russian Federation

2021 ◽  
Vol 26 (4) ◽  
pp. 194-201
Author(s):  
Sergey P. Koval’ ◽  
Oksana Yu. Taibova ◽  
Mikhail Yu. Tsvetkov
Keyword(s):  
Russian Federation ◽  
Conflict Of Interest ◽  
Civil Service ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Conflict Situations ◽  
The Russian Federation

The article examines theoretical issues related to understanding and important problems of legal regulation of the institution of conflict of interest in the state and municipal service, it analyses the category of “personal interest of an employee”, and also conducts a comparative study of the application of administrative and disciplinary responsibility to a civil servant in this conflict situations. The activity of the commissions on compliance with the requirements for official behaviour of civil servants is analysed. The authors analyse the specifics of the conflict of interest based on the current legislation. Particular attention is paid to the issues of increasing the efficiency of practical activities of state bodies to identify and prevent these conflicts. Gaps in the provisions of the laws of the Russian Federation related to conflicts of interest are investigated. There are proposals for the effective resolution of conflict situations in the civil service. Analysing the changes in the legislation of the Russian Federation, considering the opinions of scientists on combating corruption, the authors draw their own conclusions. The key position of the authors on this issue is that improving the measures of legal responsibility of civil servants in a situation of conflict of interest is a necessary task of the science of administrative law, an effective means of preventing offences and strengthening executive discipline in the state apparatus.

scholarly journals ÁGUA EM ESTADO VIVO: conflito socioambiental e r-existência em torno do rio Dendê, Barcarena, Pará

2020 ◽  
Vol 24 (1) ◽  
pp. 28
Author(s):  
Jaqueline do Nascimento Cruz ◽  
Marcel Theodoor Hazeu
Keyword(s):  
Conflicts Of Interest ◽  
Participant Observation ◽  
The State ◽  
Public Prosecutor ◽  
Way Of Life ◽  
The Public ◽  
Role Of The State ◽  
State Apparatus ◽  
The Voice

A Amazônia é um hidroterritório e um bioma que comporta milhares de pessoas, espécies da fauna e flora. O Rio Dendê, em Barcarena-Pará, faz parte deste cenário. Este rio é palco de conflitos de interesses entre empresas transnacionais, o estado e comunidades ribeirinhas. O estudo analisa, a partir de estudo documental e observação participante, estes conflitos, situando-os em um panorama histórico-interpretativo, com foco no papel do Estado e na r-existência das comunidades ribeirinhas. O aparato estatal se apresenta através da ação da Companhia de Desenvolvimento Econômico, da Secretaria de Estado de Meio Ambiente e Sustentabilidade e do Ministério Público A voz das comunidades serve como contrapartida. Conclui, ainda, que o apoio do estado é fundamental para o avanço do capital sobre o hidroterritório Dendê, empobrecendo-o e transformando o modo de vida dos ribeirinhos que mesmo assim r-existem.Palavras-chave: Conflito socioambiental. Hidroterritório. Estado. R-existência. Amazônia.WATER IN LIVING STATE: socio-environmental conflict and r-existence around the Dendê River, Barcarena, ParáAbstractThe Amazon is a hydroterritory and a biome that holds thousands of people, species of fauna and flora. The Dendê River in Barcarena-Pará is part of this scenario. This river is the scene of conflicts of interest between transnational corporations, the state and riverside communities. From documentary study and participant observation, we analyze these conflicts, situating them in a historical-interpretative panorama, focusing on the role of the state and the r-existence of riverside communities. The state apparatus is presented through the action of the Company of Economic Development, the State Secretariat ofEnvironment and Sustainability and the Public Prosecutor. The voice of the communities serves as a counterpart. It can be concluded that state support is fundamental for the advancement of capital over the Dendê hydroterritory, impoverishing it and transforming the way of life of the riverside communities.Keywords: Socioenvironmental conflict. Hydroterritory. State. R-existence. Amazon.

scholarly journals The Role of Investigators in Disclosing Corruption Cases of Village Fund Allocation in Kuningan District

2020 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Bayu Aji Dewantara ◽  
Handri Wirastuti Sawitri ◽  
Nurani Ajeng Tri Utami
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
The State ◽  
Analysis Method ◽  
Full Data ◽  
Administration System ◽  
Fund Allocation ◽  
State Administration ◽  
Community Roles

The number of corruption cases in the state administration system is increasing year after year. One of corruption cases occurred in the state administration system is corruption case of village funds. This study aims to identify the roles of and the obstacles faced by Kuningan District Prosecutor�s Office investigators in disclosing corruption cases of village fund allocation. This qualitative study applied a sociological juridical research method in which the data is presented in a systematic description and is analyzed by employing qualitative data analysis method. The results showed that Kuningan District Prosecutor�s Office investigators as law enforcement officers have a significant role in disclosing corruption cases of village fund allocation, namely identifying the crime of corruption, carrying out actions (full data, full bucket), conducting investigation, checking the suspects� identity, and conducting detention and searches. Further, there are some obstacles faced by Kuningan District Prosecutor�s Office investigators in disclosing corruption cases of village fund allocation, including the mismatch between regulations and actual practices in the field and the lack of human resources, facilities and infrastructures, and community roles.�Peran Penyidik dalam Mengungkap Kasus Korupsi Alokasi Dana Desa di Wilayah Hukum Kabupaten Kuningan�Angka kejadian korupsi dalam sistem penyelenggara negara masih mengalami peningkatan dari tahun ke tahun. Salah satu tindak pidana korupsi yang banyak terjadi dalam sistem penyelenggara negara adalah korupsi dana desa. Penelitian ini bertujuan untuk mengetahui peran dan hambatan penyidik Kejaksaan Negeri Kuningan dalam mengungkap kasus korupsi alokasi dana desa. Penelitian ini merupakan penelitian kualitatif dengan metode penelitian yuridis sosiologis. Data disajikan dalam uraian sistematis dan dianalisa dengan menggunakan metode analisis data kualitatif. Hasil penelitian ini menjelaskan bahwa penyidik Kejaksaan Negeri Kuningan sebagai aparat penegak hukum mempunyai peran yang sangat aktif dalam mengungkap kasus korupsi alokasi dana desa yaitu menemukan adanya tindak pidana korupsi, melakukan tindakan (full data full bucket), melakukan tindakan penyidikan, memeriksa identitas tersangka, melakukan penahanan dan penggeledahan. Terdapat beberapa hambatan yang dialami oleh penyidik kejaksaan dalam mengungkap kasus korupsi alokasi dana desa di antaranya ketidaksesuaian antara peraturan dengan tindakan di lapangan, kurangnya sumber daya manusia, fasillitas dan sarana yang belum memadai dan kurangnya peran masyarakat.

CRIMINAL LAW FORMULATION POLICIES RELATED TO CORPORATE CRIME

2020 ◽  
Vol 2 (1) ◽  
pp. 17-24
Author(s):  
I Kadek Darma Santosa
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Criminal Law ◽  
Research Method ◽  
Corporate Crime ◽  
Daily Life ◽  
Secondary Data ◽  
The State ◽  
Political Structure

The role of corporations today dominates daily life, especially with the increasing needs of the community. It's no longer a country that provides needs, but corporations. Corporations can increase state wealth and labor, but the revolutionary economic and political structure has caused great corporate power, so that the state can be influenced in accordance with its interests. Based on this background, a problem arises namely how the policy of formulation of criminal law enforcement so far for corporations that commit criminal acts as well as how the policy of formulation of criminal law in dealing with corporate criminal acts in the future. The research method used in this study is normative juridical using secondary data. Data collection is done by collecting and analyzing relevant library materials. Furthermore, the data are analyzed in a qualitative normative manner by interpreting and constructing statements contained in documents and legislation. The conclusion of this research is the regulation of sanctions regarding inconsistent corporate criminal acts. Inconsistencies in determining or imposing maximum fines imposed on corporations, there is no uniformity in determining when a corporation can be said to have committed a crime, regarding who can be held accountable or prosecuted and convicted, and the formulation of types of criminal that can be imposed on the corporation that commits criminal act.

Sign in / Sign up

Export Citation Format

Share Document