scholarly journals Relevant issues in determining the quantity of drugs (d-Lysergide, LSD, LSD-25) for the purposes of the Russian criminal legislation

2021 ◽  
pp. 72-86
Author(s):  
Akhmat Seit-Umarovich Teunaev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Scientific Community ◽  
Case Law ◽  
Alternative Methods ◽  
Equal Protection ◽  
The Social ◽  
Administration Of Justice ◽  
Criminal Legislation

The object of this research is the social relations arising in the sphere of counter-drugs activity. The author outlines the problems of law enforcement in the context of determining the quantity of d- Lysergide (LSD, LSD-25). The scientific community is divided over the conclusions and recommendations on determination of the quality and quantity of LSD for the purposes of criminal legislation. Infringement of the rights of defendants to equal protection is observed. Special attention is given to the existing investigative practice and case law, the results of which allow formulating the key elements of the research. The author carefully examines foreign experience in determining the quantity of the drug d- Lysergide, and reveals similar issues within the Russian legal field. Some authors truly believe that the current regulation contradicts the fundamental principles of the administration of justice, while others offer alternative methods for resolution of contradictions, and this bringing the investigative practice and case law to uniformity, which would prevent the infringement of rights to equal protection. The goal of this research lies in consideration of the problems of determining the quantity of narcotic substance d-Lysergide (LSD, LSD-25), as well as in establishment of the conditions that would prevent violation of the rights of convicts. Based on research competence, the author makes recommendations for improvement of the existing procedure on determination of the narcotic substance under review.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk
Keyword(s):  
Law Enforcement ◽  
European Community ◽  
Social Relations ◽  
Effective Interaction ◽  
Important Criterion ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Social ◽  
National Police

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

Legal Problems of Corruption Crimes Classification

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0
Author(s):  
Екатерина Черепанова ◽  
Ekaterina Cherepanova
Keyword(s):  
Law Enforcement ◽  
Correct Classification ◽  
Legal Assessment ◽  
Legal Problems ◽  
Legal Science ◽  
Current Activity ◽  
Main Challenge ◽  
Criminal Legislation

The main goal of criminal legal science is determination of correlation between action and characteristics of corpus delicti which is constituted by criminal legislation. Only correct classification of crimes can guarantee justice preserved by law. The criminal legal assessment of corruption crimes is a separate problem of classification. Classification of such crimes is difficult in current activity of lawenforcement authorities and courts because of the conflict of law, redundancy of estimation definitions, etc. Besides the problem of counteraction of corruption was formulated as the main challenge of state. In the article are analyzed the legislation and law-enforcement practice. The conclusion contains recommendations which can lower the amount of mistakes in corruption crimes classification.

scholarly journals ATMOSPHERE IN WORKPLACE MIRROR OF SOCIETY

2021 ◽  
Vol 19 (1) ◽  
pp. 25-37
Author(s):  
Kristína Králiková ◽  
◽  
Jozef Králik ◽  
Keyword(s):  
Social Relations ◽  
Selection Process ◽  
Personal Responsibility ◽  
The State ◽  
Economic Relations ◽  
Management Processes ◽  
The Social ◽  
Management Functions

The current atmosphere ruling in the society,the quality of created and contemporary relations among people are in principle simultaneously relatively faitfully projected into the relations inside the family, into the collective. Its approximate reflection is present, therefore, in the living working collective. Deformed social relations are deforming, what is clear, also the environment of economic relations. The atmosphere in the working place is immediately influencing the movement of social relations, from the atmosphere unreeled from the state of the society.However, the most dangerous for the society and its existence is the creation of such a situation and the social atmosphere that are directly determined and channeled by non legal and unrightful practices of concret individuals and groups which are typical for the so called social underworld.It is unavoidably necessary also to proceed to the revision of documents concerning the attained education in the interest of the optimal run of the state and its economics that are shoved by managers in all grades and levels of the state and its public administration management. Such a procedure in the private sector should be activated in the facultative base. It would be necessary to eliminate and to remove - on the basis of the exactly achieve results - from management processes and influence such persons that are not shoving the achieved declared education by the trustworthy way. It will be also necessary to analyze their justification and ways of their selection into the management functions together with the determination of the concrete personal responsibility for the contingent unstandard way in the selection process. After the moral and material social damages counting up it will be inevitably necessary to require the compensation from persons and institutions that caused the mentioned damagers.Means accumulated in such a way will be able to use for the development of public estates.

scholarly journals Approach towards classification of the types of legal responsibility

2021 ◽  
pp. 21-31
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Responsibility ◽  
Close Link ◽  
The Social ◽  
The Subject ◽  
Tax Fraud ◽  
Definition Of

The subject of this research is the social relations in the context of bringing to legal responsibility, as well as normative legal acts and scientific literature that reflect such relations. The problem of classification of the types of legal responsibility is relevant in the context of substantiation of the autonomy of its individual types. The attempts to substantiate the autonomy of one or another type of legal responsibility entail the revision of the grounds for classification. The goal of this article consists in revealing the natural grounds for definition of the concept of “legal responsibility” to build consistent and exhaustive classification. The main conclusion lies in determination of the criterion for classification of the types of legal responsibility. Emphasis is placed on the social relations underlying the legal relations, namely legal relations in the area of bringing to legal responsibility. On the example of responsibility for committing tax fraud, the article demonstrates the failure of attempts to find qualification criteria on the basis of the normative legal acts outside the entirety of social relations. The article determines the close link between social relations in the economic sphere, as well as their impact upon legal relations emerging in the context of bringing to legal responsibility as a whole and administrative responsibility in particular.

The commodification of mobile phone surveillance: An analysis of the consumer spyware industry

2019 ◽  
Vol 16 (1) ◽  
pp. 33-60 ◽  
Author(s):  
Diarmaid Harkin ◽  
Adam Molnar ◽  
Erica Vowles
Keyword(s):  
Law Enforcement ◽  
Mobile Phone ◽  
Social Relations ◽  
Partner Abuse ◽  
Intimate Partner Abuse ◽  
Intimate Partner ◽  
Social Meaning ◽  
General Audience ◽  
The Social ◽  
Marketing Messages

This article examines the attempts of ‘spyware’ developers to commodify and market their products to a general audience. While consumers of ‘spyware’ have often been government and law enforcement (Citizen Lab, 2015), there is an increasing attempt to market, sell, and commodify ‘spyware’ for use by wider audiences. ‘Spyware’ is sold as a security product commonly aimed at businesses, parents, and intimate partners. Pursuant to calls for a “sociology of security consumption” (Goold et al., 2010: 3), this article analyzes how nine prominent spyware vendors attribute meaning to their products. Spyware vendors face particularly fraught marketing challenges as the general deployment of spyware: a) is often utilized in forms of intimate partner abuse; b) is “morally troubling” from the perspective of being corrosive to many forms of social relations (Loader et al., 2014: 469); and c) has limited contexts where it could be deployed without violating surveillance laws. More specifically, this article compares the social meaning that vendors attempt to give to spyware and contrasts this with the powers of surveillance provided by the product, the marketing messages that appear to support non-consensual use, and the lack of guidance for non-consenting spyware targets to have recourse with the vendors.

scholarly journals Participation of the prosecutor in consideration of civil cases by the courts of appeal

2021 ◽  
pp. 1-9
Author(s):  
Artem Aleksandrovich Kovalev
Keyword(s):  
Social Relations ◽  
Case Law ◽  
Criminal Cases ◽  
The Social ◽  
The Subject ◽  
Civil Cases

The object of this research is the social relations that emerge in the context of participation of the prosecutor in consideration of civil cases by the courts of appeal, as well as the problematic aspects of the exercise of his powers in consideration of such cases. The author analyzes the essence of prosecutor's participation in consideration of civil cases by the courts of appeal, and the possibility of attributing such participation to one of the forms of prosecutor’s participation in consideration of civil cases by the courts. The subject of this research is the case law materials, legislative norms that regulate the indicated social relations, as well as the developed positions pertaining to the essence and separate aspects of the prosecutor's participation in consideration of civil cases by the courts of appeal. The prosecutor’s participation in the appellate instance has traditionally been the subject of research among legal scholars; this is associated to the specifics of this institution, that incorporates the elements of consideration of cases by the courts of first instance and their revision, which, in turn, generates discussions on the composition and procedure for the exercise of powers of the prosecutor participating in the appellate instance. At the same time, such research mostly dealt with participation of the prosecutor in consideration of criminal cases by the courts of appeal, while the problematic aspects of prosecutor’s participation in consideration of civil cases by the courts of appeal remained virtually unstudied, which defines the novelty of this work. The author formulates recommendations on the amendments to the current legislation on the forms of prosecutor’s participation in consideration of civil cases by the courts and the procedure for participation in consideration of civil cases by the courts of appeal, the implementation of which would allow the prosecutor’s office to achieve the goal of protection of citizens’ rights and optimization of consideration of civil cases by the courts of appeal.

scholarly journals On the need to reform the Institution of undesirability of stay (residence) of foreign citizens in Russia in the conditions of digitalization

2021 ◽  
pp. 23-33
Author(s):  
Yuliya Viktorovna Paukova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Automated System ◽  
The Social ◽  
Migration Control ◽  
The Subject ◽  
The Government ◽  
The Individual ◽  
Advanced Computer ◽  
Stateless Person

The subject of this research is the legislative provisions on undesirability stay (residence) of foreign citizens and stateless persons in Russia, as well as the established law enforcement practice. The object this research is the social relations developed in the process of rendering decisions by the federal executive authorities on undesirability of stay (residence) and their enforcement. The goal of this work consists in formulation of recommendations on reforming the institution of undesirability of stay (residence) of foreign citizens and stateless persons in Russia in the conditions of digitalization of the government actions. The article examines the grounds for making decisions on undesirability of stay (residence) of foreign citizens in Russia, the powers of the departments, and the consequences of decisions made on foreign citizens and stateless persons. Substantiation is made on the need for changes in the grounds for decision-making on undesirability of stay (residence) of foreign citizens in Russia. The author proposes the development and implementation of the “Automated System of Migration Control” using the advanced computer technologies based on the “rating” of a foreign citizen or stateless person. Such system will determine the period for restricting entry with consideration of all circumstances pertaining to the individual and crimes they committed. It is recommended to legislate the possibility of annulment of a decision on undesirability of stay (if the grounds thereof no longer exist) or suspension (if, for example, a stateless person has been issued a “temporary identification document of a stateless person”).

scholarly journals On the organization of the work of regional offices of the Ministry of Internal Affairs of Russia and the Federal National Guard Troops Service connected with the collection of illegal guns, ammunition and other types of weapons from the public

2020 ◽  
pp. 40-51
Author(s):  
Vadim Igorevich Surgutskov ◽  
Ol'ga Sergeevna Goman
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
National Guard ◽  
Legal Regulation ◽  
Gun Control ◽  
Legal Analysis ◽  
Current State ◽  
The Social ◽  
General Scientific ◽  
Internal Affairs

The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   

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