Law Enforcement and Regulatory Issues

2005 ◽  
pp. 1407-1415
Author(s):  
John Duncan
2021 ◽  
Vol 10 ◽  
pp. 778-783
Author(s):  
Christina Maya Indah Susilowati ◽  

This paper seeks to evaluate minor offenses in the Criminal Code in Indonesia. So far, the value limit for determining minor offenses in Indonesia is increasingly irrelevant to the value of the currency due to inflation. It will cause a gap in criminal law in dealing with changes. As the result, police will do unfair and non-humanistic law implementation. The objective of this study is to identify the importance of revising the lower limit of minor offenses in the Criminal Code in Indonesia. The study used a socio-legal method on the contextualization of Indonesian Criminal Codes related to the categorization of minor offense regulation in Government Regulation No. 2 of 2012 and in Penal Code, by utilizing a humanitarian perspective in law enforcement, especially by police who still charge some minor offenses with 5 years imprisonment. The results confirmed that some changes have been made related to this matter as the Indonesian Supreme Court has made some regulations, such as No. 2 of 2012 on adjustment in minor offense law. This means that all criminals doing minor offenses cannot behold as prisoners in the investigation or prosecution process. The main contribution of this study is to construct a perspective of legal and regulatory issues to emphasize a fair of justice in dealing with minor offenses with a model of humanistic law enforcement. The result is expected to practically contribute and recommend the importance of constructing fairness of justice principle in law enforcement in particular and of revising minor offense sentencing in general.


Author(s):  
O. V. Sokolova

The article examines the possibility of applying compulsory hospitalization and isolation to persons infected with the coronavirus, and to persons who have been in contact with the former. There are two mechanisms of coercion: coercive measures and mandatory measures. A distinction is made between the concepts of hospitalization and isolation, and legal subjects of the relevant legal relations are analyzed. The scientific and theoretical provisions of the article are illustrated by the author using the example of Russian legislation (codes and other federal laws, bylaws of the Ministry of Health of the Russian Federation and Rospotrebnadzor, relating to both substantive law and procedural law), as well as practice that has developed or is only emerging in domestic courts. At the end of the article, the existing regulatory problems, in particular conflicting regulation, are described and some solutions are proposed.


2021 ◽  
Vol 11 (1) ◽  
pp. 135-152
Author(s):  
E.A. NAKHOVA

In the article, the author also comes to the conclusion that it is necessary to systematize the rules of proof and evidence currently enshrined in the procedural codes. In the chapter of the procedural codes regulating the institution of proof and evidence, it is proposed to fix paragraphs devoted to general provisions on evidence, evidentiary activities of persons involved in the case, and means of evidence. In the general provisions, fix the basic categories: evidence, the subject of proof and the mechanism for determining it, general and specific rules for the distribution of responsibilities for proof, circumstances that are not subject to proof, etc. The evidentiary activities of the persons involved in the case should be structured according to the stages of the process (first instance, appeal), and then according to the stages of proof. The legal rules of evidence should be defined through general regulatory issues, the procedure for collecting, presenting (disclosing), research and evaluation. As independent means of proof, it is proposed to consolidate electronic evidence and establish a non-exhaustive list of means of proof. The author comes to the conclusion that the above proposals would help to optimize law enforcement in the first place, regardless of where they would be implemented by the legislator either in the existing procedural codes, or in the existing Concept and subsequently in the unified Civil Procedure Code of the Russian Federation.


2018 ◽  
Vol 239 ◽  
pp. 04013 ◽  
Author(s):  
Nina Semeryanova ◽  
Olga Fedorenko ◽  
Anna Kopytova

Applicability of the issue under research is preconditioned by the fact that Russian property right does not meet modern realities; lack of proper regulation raises practical problems of law enforcement and does not guarantee the stability of civil circulation in this area of legal relations. The purpose of the article is to actualize the problematic issues of property law, as the modernization of civil legislation cannot be completed without proper reforming of property right and other proprietary interests. The leading approach to research into this issue is the analysis of civil legislation, the Concept of the development of civil legislation and the draft of Russian Federal Law, which makes it possible to identify the problems of regulating property-legal relations and search for the possibilities for their subsequent resolution. The current usage of limited property rights is significantly difficult. That problem exists due to the lack of guaranteed protection of the owners' rights to other people's things. As a result, there are doubts in the possibility of realizing of the owners' rights without prejudice to their interests. The bearer of limited property rights must be sure of the correctness of his actions and the correct understanding of content of the norm. This is why the right to someone’s things should be guaranteed. The completed analysis can contribute to the protection of the rights and interests of property owners and people owning other people's property on limited property rights.


Author(s):  
H. M. Sagara ◽  
S. A. Schliebe ◽  
M. C. Kong

Particle analysis by scanning electron microscopy with energy-dispersive x- ray analysis is one of the current methods used in crime laboratories to aid law enforcement in identifying individuals who have recently fired or handled a firearm. During the discharge of a firearm, the high pressure caused by the detonation of the cartridge materials forces a portion of the generated gases through leaks in the firing mechanism of the weapon. These gases contain residues of smokeless powder, primer mixture, and contributions from the projectile itself. The condensation of these hot gases form discrete, micrometer-sized particles, which can be collected, along with dry skin cells, salts, and other hand debris, from the hands of a shooter by a simple adhesive lift technique. The examination of the carbon-coated adhesive lifts consist of time consuming systematic searches for high contrast particles of spherical morphology with the characteristic elemental composition of antimony, barium and lead. A detailed list of the elemental compositions which match the criteria for gunshot residue are discussed in the Aerospace report.


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