Appendix B: Official Russian Law Enforcement Statistics on Human Trafficking Crimes

2017 ◽  
pp. 239-240
Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.


Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.


Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.


Author(s):  
Наталья Алексеевна Макарова

Статья посвящена рассмотрению особенностей и формулированию практических рекомендаций по разрешению иерархических юридических коллизий в российском праве. Автор статьи предлагает трактовать иерархическую (субординационную) юридическую коллизию расширительно: не только как противоречие между двумя или более нормативно-правовыми актами, но и как возможное противоречие между правовыми актами разных типов, включая правоприменительные (индивидуальные) и интерпретационные акты. Подчеркивается, что базовым правилом разрешения любой иерархической юридической коллизии должно быть правило юридической силы. В то же время в настоящий момент в российском праве нормы, определяющие данное понятие, а равно устанавливающие четкие механизмы преодоления юридических коллизий, включая иерархические, отсутствуют. Под юридической силой предлагается понимать особое свойство правовых актов, благодаря наличию которого данные акты формируют иерархию, и нижестоящие акты вышестоящим противоречить не могут. Выдвигается тезис о том, что не типичные иерархические коллизии в праве (коллизии между нормативно-правовым актом, с одной стороны, и правоприменительным или интерпретационным актом, с другой, а равно несколькими правоприменительными и (или) интерпретационными актами между собой) как разновидность иерархической юридической коллизии должны разрешаться с обязательным использованием правила юридической силы. То есть акты нормативного толкования и правоприменения должны быть приравнены по юридической силе к интерпретируемым и применяемым актам. Именно такой путь позволит избежать остановок в работе механизма реализации права, которых, как известно, современное правовое государство позволить себе не может. The article is devoted to the consideration of the features and the development of practical recommendations for resolving hierarchical legal collisions in Russian law. The author of the article proposes to interpret the hierarchical legal collision broadly, not only as a contradiction between regulatory legal acts, but also as a possible contradiction between legal acts of different types. It is emphasized that the basic rule for resolving any hierarchical legal collision should be the rule of legal force. However, at the moment in Russian law there are no norms defining this concept, as well as establishing clear mechanisms for overcoming legal conflicts, including hierarchical ones. It is proposed to understand legal force as a special property of legal acts, due to the presence of which these acts form a hierarchy, and lower-level acts cannot contradict higher-level ones. The thesis is put forward that non-typical hierarchical collisions in law should also be resolved with the obligatory use of the rule of legal force. This means that the acts of normative interpretation and law enforcement should be equated in legal force with the interpreted and applied acts. This is the way to avoid stoppages in the work of the mechanism for the implementation of the law, which, as you know, the modern constitutional state cannot afford.


Author(s):  
Pavel S. Rakhmanov

The problems of changing the position of the Ministry of Internal Affairs after the events of February–March 1917 in the Tambov Governorate are investigated. We study the state policy, the attitude of local authorities and the public to representatives of this socio-professional group, individual features of the adaptation of its representatives to new socio-political conditions. The relevance of the research is due to both significant gaps in the historiography of the issue, especially at the regional level of the study of the problem, and a certain consonance with the modern problems of Russian law enforcement agencies in the context of transformations. It is concluded that representatives of the broad popular strata and the soldier masses treated former em-ployees of the Ministry of Internal Affairs extremely negatively, which was especially pronounced in the period that followed the revolutionary events of February 1917. However, the leadership of both the governorate as a whole and in individual counties pursued an ambivalent policy towards representatives of this social and professional group. On the one hand, the tasks were set for the maximum removal of former law enforcement officers from participation in public and political life, and on the other, their professional skills were in demand in the newly created militia bodies.


Author(s):  
Alexander N. Kalyuzhnyi ◽  
◽  
Nikolai G. Shurukhnov ◽  

The authors examine the patterns of concealment of illegal activities in human trafficking and slave labor use, as well as patterns of the activities of law enforcement agencies in the disclosure and investigation of the analyzed crimes. The aim of the article is to substantiate the data on the concealment of the investigated crimes for their subsequent use in the disclosure and investigation of the analyzed illegal activity. In the research, the authors used legal, sociological and other methods of scientific knowledge: logical, comparative legal, statistical, modeling, and a number of others. The authors relied on the materials of 130 criminal cases on encroachments on human trafficking and slave labor use, the results of interviewing 320 law enforcement officers, scientific developments of other researchers on the issue under consideration, as well as statistical data from the Main International and Analytical Center of the Ministry of Internal Affairs of Russia and the Judicial Department at the Supreme Court of the Russian Federation. The study of the materials of criminal cases shows that the basis for the disclosure and investigation of perpetrators' criminal activities should be based on the regularities of the method of concealing the crimes under consideration reflected in the following typical forms: (1) concealment of the fact and traces of preparation for committing a crime: a) placing veiled ads with offers of employment, training, marriage services in the media, social networks, leaflets, etc.; b) holding fake “beauty contests”, “draw games”, and similar events, participants of which are offered work or study abroad; c) disseminating deliberately false information in order to attract future victims of slave trade and illegal exploitation in certain social groups: prostitutes, drug addicts, unemployed, homeless people, etc.; d) conspiring in finding accomplices, means of communication, places of detention of victims, means of physical and psychological pressure on the victim; (2) conspiracy of the direct commission of a crime: a) disguising it as legitimate; b) falsifying documents that allow victims to travel abroad; c) concealing places of detention of victims and organizing victim safe-keeping; d) seizing identity documents from victims; e) using SIM cards registered to unauthorized persons, f) veiled advertising of activities to search for consumers of sexual and other services; (3) disguise or destruction of traces of the committed crime: destruction of clothing and belongings of the victim, erasing the traces left. Thus, in the course of the analysis of the literature and criminal case materials on human trafficking and slave labor use, forensically significant data on the concealment of the investigated crimes were substantiated; the knowledge of these data should be used in the course of the disclosure and investigation of such crimes.


Author(s):  
Michael Pittaro

Human trafficking is one of the fastest and continuously evolving transnational crimes of this century, preceded only slightly by gun and drug trafficking; yet it is projected that human trafficking will soon surpass both unless government and nongovernmental officials throughout the world take immediate, collaborative action to deter and punish traffickers and educate and protect prospective trafficking victims. For that reason, combating human trafficking requires ongoing national and international communication, cooperation, and collaboration, particularly amongst law enforcement leadership across the globe. Only then will law enforcement be able to limit the ability of traffickers to operate freely and help prevent future victims from being trafficked. The primary purpose of drawing international attention to this chapter is in illuminating the challenges of police leadership in combating incidents of transnational human trafficking as well as to propose plausible to assist and support future global leadership and collaboration within and across police agencies.


2019 ◽  
pp. 880-897
Author(s):  
Michael Pittaro

Human trafficking is one of the fastest and continuously evolving transnational crimes of this century, preceded only slightly by gun and drug trafficking; yet it is projected that human trafficking will soon surpass both unless government and nongovernmental officials throughout the world take immediate, collaborative action to deter and punish traffickers and educate and protect prospective trafficking victims. For that reason, combating human trafficking requires ongoing national and international communication, cooperation, and collaboration, particularly amongst law enforcement leadership across the globe. Only then will law enforcement be able to limit the ability of traffickers to operate freely and help prevent future victims from being trafficked. The primary purpose of drawing international attention to this chapter is in illuminating the challenges of police leadership in combating incidents of transnational human trafficking as well as to propose plausible to assist and support future global leadership and collaboration within and across police agencies.


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