LAW AS A VALUE, VALUES IN LAW (PART TWO)

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

CRIMINAL RESPONSIBILITY FOR TERRORISM

Acts of terrorism often result in fatalities, but the impact of terrorism is not limited to loss of lives. Terrorism acts can disturb or suspend the peace process; they cause, lengthen, or deepen conflicts and escalate violence. In addition, terrorism has an effect on the economy of the state, given that combatting of terrorism requires significant temporal and financial resources.The threat posed by international terrorism not only constitutes one of the biggest challenges that the world and Europe in particular is currently facing, but also affects the security and economic interests of the Latvian nationals. In addition, terrorism-related crimes threaten the security of not only separate states, but that of the entire international community as well.In the view of the author, the relevance of the topic is illustrated by the fact that 23 May 2018, saw the Criminal Act of Latvia being complemented by a new (IX1) section on “Crimes Related to Terrorism”, thereby underscoring the preparedness of Latvia to adjust its legislative framework in order to avert possible threats of terrorism. The new version of the law sees terrorism, financing of terrorism, invitation to terrorism and terrorism threats, recruitment and training of persons for terrorism, travelling for terrorism purposes, and justification of terrorism classified as criminal offences.Author has chosen the topic of terrorism with the aim of exploring the definition of terrorism and its depiction in international and Latvian law, as well as analysing the criminal liability for terrorism prescribed by the Latvian law and determining the issues associated with the classification of terrorism.The paper consists of introduction, three chapters, and conclusion. In the first chapter, the definition of terrorism is considered. The second chapter is devoted to the analysis of criminal liability for terrorism under the Latvian law, and the third chapter – to the issues associated with the classification of terrorism. Finally, conclusions with respect to the threats posed by terrorism to the European Union and Latvia are drawn.

HONOUR OF THE SOLDIER

In the Republic of Latvia, a soldier performs public service in the field of national defence and his/her legal status is a right guaranteed by the state, statutory duties, restrictions, and disciplinary liability, which are currently regulated by military law, administrative law and administrative procedure law. In addition to the regulation of special and general legal norms, a soldier also has important and binding moral values, because in Latvia "honour" is a characteristic of a soldier, which is inextricably linked to the soldier's profession both historically and of military service. Within the framework of the paper, the author has studied the concepts, essence, genesis and development of such values of a soldier as "honour" and "dignity", from the historical and modern point of view, both in civil life and military science. The author has also clarified their role in the legal status of a soldier and concluded that the existing legal status of a soldier should be elaborated and can be defined as a right guaranteed nowadays. Although not explicitly defined, it should be included in the legal status of a soldier as a military ethical requirement for his dignity and trust, integrity and duty in the performance by the state, statutory duties and restrictions, disciplinary liability and honor as a military ethical requirement.

LEGAL STATUS OF THE DIGITAL PROFILE OF THE SUBJECTS OF CIVIL LEGAL RELATIONS

The aim of the work is a legal risk assessment to identify subjects of civil relations in order to implement commercial transactions safely using a digital profile. The paper attempts to assess the digital transformation of civil relations and the implementation of legal regulators for the protection and security of the subjects’ digital profile of. The aspects of “digital profile’s” definition interpretation as well the legal status separate signs for citizens and business entities of the notification procedure, differentiation of both rights to dispose and to use are reflected. The law enforcement practice of civil transactions in the course of digital resources’ turnover, as well as the attraction and imposition of administrative penalties are proposed, and a number of conflicts is identified due to the latency of illegal actions, the lack of digital competent human rights bodies and digital investigative tools.

CHARACTERISTICS OF THE CONSTITUENT ELEMENTS OF A CRIMINAL OFFENCE – PERSECUTION

From January 1, 2018, amendments to the Criminal Law, which provide criminal liability for the persecution of a person, came into force in Latvia. The constituent elements of persecution are defined as a specific form of violence.The aim of the paper is to describe the constituent elements of persecution based on the theory and practice of criminal law. During the study, the author provides a framework of the criminal law theory and outlines the elements of the persecution. The object of the study is the criminal relations, which arise from the persecution of another person. The subject of the study is the criminal legal framework to be followed for the determination of criminal liability. The following legal interpretation methods and approaches have been used in the study: grammatical, systematic, teleological, and historical, as well as analytical method for analysing doctrine and practice of criminal law. Doctrines of criminal law, national legislation, and the sources of legal literature relevant to the aim of the paper have been in the study, too.The analysis carried out leads to the conclusion that persecution covers a wide range of socio-psychological behaviour that manifests in the sacrifice’s victimization and specific harm caused to him/her. Persecution is an active illegal, threatening activity in the form of repeated or lasting tracking, surveillance of another person, expressing threats or unsolicited communication with such a person, if victim have had reasonable grounds to fear for their safety or the safety of their relatives

THE ROLE AND IMPORTANCE OF A COMPLIANCE OFFICER IN THE ACTIVITIES OF A FINANCIAL INSTITUTION IN ORDER TO PREVENT THE LEGALIZATION (LAUNDERING) OF CRIMINALLY ACQUIRED FUNDS AND THE FINANCING OF TERRORISM

The relevance of the topic is confirmed by the changes taking place in the financial monitoring system: the complication of procedures aimed at countering money laundering and financing of terrorism, the creation of specialized international and European requirements and the changes of requirements for compliance specialists. Financial institutions more often face the incompetence the incompetence of these employees and their negligence. The author analysed anti money laundering and counter financing of terrorism legal acts, as well as revealed the main recommendations to financial institutions for preventing money laundering and terrorism financing. Based on scientific research, the main risk factors for using financial institutions for money laundering were identified. Based on these risks factors, the author identified the role and importance of a compliance officer in order to prevent the legalization (laundering) of criminally acquired funds and the financing of terrorism.

THE PROHIBITION OF TORTURE, CRUEL OR DEGRADING TREATMENT OR PUNISHMENT IN CLOSED INSTITUTIONS

In the paper “The prohibition of torture and other cruel, inhuman or degrading punishment in closed Institutions” the author has examined the obxervasnce of persons’ in detention, custody or imprisonment human rights in the European regional acts and national instruments as well as the provision of health care for detainees and convicted persons alike.All basic human rights’ documents, namely: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, degrading his or her human dignity”. All persons who have been punished, regardless of the crimes for which they were convicted, have the right to humane treatment and respect for their personality. No actions of people, whatever they may be, justify the inhuman treatment of them or the humiliation of their personality.

THE COMPOSITION OF THE ADMINISTRATIVE OFFENCE AND THE PROBLEMS OF ITS QUALIFICATIONS

The administrative-legal science pays a great attention to the study of administrative offences’ qualification. When analyzing any part of an administrative offence, the issues of qualification always take the lead. This paper focuses on the most controversial and at the same time practically important issues. The composition of an administrative offence is a legal basis for the qualification of an administrative offence in accordance with a specific article of the law establishing administrative responsibility.The structure of an administrative offence is a combination of four elements: the object, the objective side, the subjective side and the subject, the presence of which is necessary and sufficient for the recognition of a socially harmful act as an administrative offence. These elements are called necessary because they must be present in any case when deciding whether to bring to administrative responsibility. In the absence of at least one of these elements, a person cannot be held administratively liable.In this paper, the composition of an administrative offence is considered as the basis for the qualification of administrative offences. In connection with the mentioned above, the problems’ study of administrative offences’ qualification, necessitates the further theoretical study of issues related to its concept, purpose, and implementation.

PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE DELIVERY AND DETENTION

The purpose of this work is to study the problems of legal regulation of administrative delivery and detention in Russian administrative law and the study of possible ways to solve them. This problem is due to the fact that the Code of Administrative Offenses of the Russian Federation. The delivery time is not specified as a measure to secure proceedings on cases of administrative offenses, which is a flaw in administrative legislation and may violate the rights and freedoms of a person and citizen. And the law does not establish the duration of a person’s time in office space and his waiting for the start of legal proceedings which is a serious legislative gap. The novelty of this work lies in the formulation by Autor’s of modern and effective proposals for the revision of individual issues related to measures of administrative proceedings and the reality of solving these problems. The Code of Administrative Offenses of the Russian Federation must be modified accordingly in order to clearly regulate or establish specific time limits for the delivery in police office and the time to wait for the commencement of proceedings. In this paper, the above problems and progressive solutions are discussed in detail.

ADMINISTRATIVE RESPONSIBILITY AS ONE TYPE OF LEGAL LIABILITY

Currently, the issue of administrative responsibility seems to be very relevant and requiring additional scientific research, since the norms of administrative responsibility systematically undergo a number of changes. And this is right, because the changes in the regulations of administrative responsibility should consist of an analysis of legal relations’ dynamics at the present stage due to the fact that the legislation on administrative responsibility as one of the types of legal responsibility requires a unified approach to develop a clear scientific concept and improve it.