Concept of Information Sufficiency as the Basis for Inspections on Compliance with the Established Anticorruption Requirements

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Людмила Терещенко ◽  
Lyudmila Tyeryeyenko ◽  
Артем Цирин ◽  
Artem Tsirin
Keyword(s):  
Law Enforcement ◽  
Control Measures ◽  
The Other ◽  
Administrative Discretion ◽  
Enforcement Official ◽  
Other Hand ◽  
Concept Of Information ◽  
Available Information

The article is devoted to the concept of information sufficiency as the basis for carrying out inspections on compliance with the established anticorruption requirements. The authors note that the legislator, establishing the information sufficiency requirement, doesn’t envisage other requirements to it, in particular, its completeness and reliability. The authors believe that such approach allows ensuring observance of interests of both the person being verified and the society in general. The requirement of information sufficiency allows excluding unreasonable ungrounded inspections. On the other hand, completeness and reliability at the stage preceding control measures cannot be ensured. Only control measures and their results are able to determine the reliability (or unreliability) of the available information, which will be reflected in the inspection results. In their article the authors criticize the practice of using in the current legislation of categories with the uncertain contents that permit a law enforcement official to vary his administrative discretion; also the authors offer suggestions for improvement of the existing regulations.

scholarly journals Evolution of Corruption in Sub-Saharan Africa - from Nkruma to Mutharika The 2nd

2015 ◽  
Vol 4 (1) ◽  
pp. 87-112
Author(s):  
Mavhungu Abel Mafukata
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
The Other ◽  
Sub Saharan Africa ◽  
Bureaucratic Corruption ◽  
Other Hand ◽  
Key Informant ◽  
Sub Saharan ◽  
Public Views ◽  
Development Prospects

Since Sub-Saharan Africa's first independence in Ghana, the region has experienced massive and costly political and bureaucratic corruption within public service and administration. The causes of the corruption, its nature and form are wide and intertwined. In Sub-Saharan Africa, efforts to curb corruption have failed to discard it. The paper focused on the period from Nkruma in Ghana to Mutharika the 2nd in Malawi. This paper reviewed existing literature on political and bureaucratic corruption in Sub-Saharan Africa while on the other hand the paper employed key informant interviews to gather the required data to investigate, analyse and profile the genesis and evolution of corruption in Sub-Saharan Africa. The key informant interviews were employed to solicit public views and opinion from nineteen key informant participants (n=19) selected from 11 countries in Sub-Saharan Africa. The paper found that corruption is legendary; has entrenched itself to becoming some sort of culture in the region, and has become the most difficult socio-economic challenge to resolve in the region despite the various anti-corruption efforts employed by stakeholders to curb it. It emerged through the study that law-enforcement efforts against corruption need some reinforcement in order to be effective and eficient in uprooting corruption in the region. If Sub-Saharan Africa fails to address its corruption challenge, its development prospects would seriously curtailed.

scholarly journals A Critical Assessment on the Indonesian Free Visa Policy: a Neorealist Perspective

2020 ◽  
Vol 22 (1) ◽  
pp. 54
Author(s):  
Andry Indrady
Keyword(s):  
Public Perception ◽  
Economic Benefits ◽  
Critical Assessment ◽  
The State ◽  
Control Measures ◽  
The Other ◽  
Immigration Control ◽  
Other Hand ◽  
Visa Policy ◽  
The Ideal

This paper discusses the implementation of free visa policy in Indonesia from a neorealist perspective. By utilizing the perspective of interdependence sovereignty and domestic sovereignty, this paper critically assesses the implementation of the free visa policy in Indonesia. From the interdependence sovereignty perspective, which elaborates the economic benefits, reciprocal and security approaches the paper finds that the free visa policy in Indonesia has yet to formulate a rational and objective policy that would lead to potential security – order threat. On the other hand, from the domestic sovereignty perspective the paper finds that although the state performs its immigration control capabilities effectively, however the said immigration control measures are implemented at a rather repressive level, instead of at the ideal prevention level. In the end, the paper suggests further research that fills the gap from findings on the specific methods to enhance the state’s capability in managing challenges posed by the free visa policy in more detail, as well as providing a method to measure public perception on the performance of immigration control.

Should a Criminal Code Distinguish Between Justification and Excuse?

1992 ◽  
Vol 5 (2) ◽  
pp. 215-235 ◽  
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
The Other ◽  
Extreme Pressure ◽  
Other Hand ◽  
Lesser Evils ◽  
Special Circumstances ◽  
Self Defence

Criminal law defences may be classified as either “justification” or “excuse”. A justification negates the wrongfulness of the conduct. The following are considered justifications: law enforcement, self-defence and lesser evils. An excuse, on the other hand, negates only the culpability of the actor for wrongful conduct. Under special circumstances, such as extreme pressure, it is considered unfair to blame the actor for the violation of the norm. Insanity and duress are typical excuses.

PHASE TRANSITION IN A TOY MARKET

2000 ◽  
Vol 03 (03) ◽  
pp. 451-454 ◽  
Author(s):  
DAMIEN CHALLET ◽  
MATTEO MARSILI ◽  
RICCARDO ZECCHINA
Keyword(s):  
Phase Transition ◽  
Nash Equilibrium ◽  
Stationary State ◽  
The Other ◽  
Minority Game ◽  
Learning Dynamics ◽  
Analytical Results ◽  
Other Hand ◽  
Exactly Solvable ◽  
Available Information

We review recent exact analytical results on Minority Game — a binary exactly solvable El Farol's bar problem. Inductive agents minimize the available information, not their losses, thus the stationary state differs from a Nash equilibrium. On the other hand, the same learning dynamics leads to a Nash equilibrium when agents take into account their impact on the market.

scholarly journals Dissenting Opinion dan Concurring Opinion dalam Putusan Mahkamah Konstitusi

2018 ◽  
Vol 3 (2) ◽  
pp. 307-324
Author(s):  
Haidar Adam
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
The Other ◽  
Constitutional Court ◽  
Procedural Law ◽  
Other Hand ◽  
The Difference

Abstract: This article discusses about dissenting opinion and concurring opinion in the decision of the Constitutional Court. Law enforcement can be done through the Constitutional Court in the form of law judicial review. The issue of dissenting opinion is regulated through Law No. 24 Year 2003 and Constitutional Court Regulation No. 6 of PMK Year 2005 concerning Procedural Law of Tests of Act. The phrase used in the Constitutional Court Law is “the different opinion of the judiciary members". The different opinion, according to Jimly, is divided into two namely dissenting opinion and concurrent opinion. A verdict is considered concurring if there is an argument by a member of the panel of judges that is different from that of the other members of the judiciary but it does not affect the difference of the decision. On the other hand, a decision is said to be dissenting if the opinion of a member of the panel of judges is different from that of the majority of the other members of the panel of judges and the difference is not merely in the case of reasoning but to touching on the verdict. Keywords: Dissenting opinion, concurring opinion, the court constitution’s decision. Abstrak: Penegakan hukum dapat dilakukan melalui pengadilan oleh Mahkamah Konstitusi dalam bentuk pengujian terhadap undang-undang. Masalah dissenting opinion diatur melalui Undang-Undang Nomor 24 Tahun 2003 dan Peraturan Mahkamah Konstitusi Nomor 6 PMK Tahun 2005 tentang Hukum Acara Pengujian Undang Undang. Frase yang dipakai dalam UUMK adalah “pendapat anggota majelis hakim yang berbeda”. Pendapat yang berbeda menurut Jimly, dibedakan menjadi dua yaitu dissenting opinion dan concurrent opinion. Suatu putusan dianggap sebagai concurring apabila terdapat argumentasi anggota majelis hakim yang berbeda dengan mayoritas anggota majelis hakim yang lain, namun tidak berimbas pada perbedaan amar putusan. Di sisi lain, suatu putusan dikatakan dissenting, jika pendapat suatu anggota majelis hakim berbeda dengan pendapat mayoritas anggota majelis hakim yang lain dan sampai menyentuh pada amar putusan. Kata Kunci: Dissenting opinion, concurring opinion, putusan Mahkamah Konstitusi.

scholarly journals Role of the Plenum of Russian Supreme Court in the judicial practice formation

2022 ◽  
Vol 5 (4) ◽  
pp. 209-225
Author(s):  
Yu. S. Pestereva ◽  
I. G. Ragozina ◽  
E. I. Chekmezova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Complex Analysis ◽  
The Other ◽  
Judicial Discretion ◽  
Dialectical Theory ◽  
Judicial Practice ◽  
Other Hand ◽  
The Law

The subject. The article considers the role of the Plenum of Russian Supreme in forming judicial practice on the example of giving qualification to the crimes committed against sexual freedom and inviolability, as well as against property and public health.The objective of the article is to conduct a complex analysis of the function of the decisions, taken by the Plenum of Russian Supreme Court, in the formation of a unified vector of judicial practice. The authors dare to refute the hypothesis hat judicial practice can be recognized as a source of law.The methodological basis of the research is the dialectical theory of development and interrelation of phenomena. Historical, formal-logical, systematic methods of knowledge have been identified as relevant to the topic of the study.The main results, scope of application. The authors draw attention to the problem of evaluative features used in the process of law enforcement when interpreting the norms of the Special Part of the Criminal Code of the Russian Federation. A norm with such signs acquires an unformalized essence from the point of view of the boundaries of criminalization of a particular phenomenon. On the other hand, the nature of crimes is so diverse that without the flexibility of criminal law regulation (allowing the use of evaluative features), the application of the norm taking into account specific circumstances in a particular case may not be possible. The authors also consider issues related to the characteristics of the objective side, the end time of these crimes, the application of the formula of a single ongoing crime and its separation from related compounds. The process of law enforcement is based on such guidelines as the norms of law, judicial discretion, established judicial practice, the position of the Plenum of Russian Supreme Court. Attributing an explanatory role to the decisions of the Plenum of Russian Supreme Court does not completely eliminate the shortcomings inherent in legal technology. Correcting the current situation with the help of judicial discretion is not always justified, since this is possible only if there is a legitimate alternative. Assigning the status of a precedent to a judicial decision may lead to the substitution of the law by decisions taken in a particular case.Conclusions. The judicial practice concerning these issues is completely different. Despite the existence of similar situations, courts, as a rule, qualify an offense using various norms of the law, which negatively affects compliance with the principle of legality. The issue related to the function of the decisions of the Plenum of Russian Supreme Court in the formation of a single vector of judicial practice has been and remains debatable. The continued addition of new articles to criminal legislation, on the one hand, indicates the desire of the legislator to bring it to perfection, but, on the other hand, forms a mechanism for clarifying the rules of its application, which sometimes leads to their contradictory interpretation. At the same time, crime and punishment should be determined only by legislation.

scholarly journals Innovative complex correction of poststress disorders

2021 ◽  
Author(s):  
И.А. Бокова ◽  
Л.Г. Агасаров
Keyword(s):  
Law Enforcement ◽  
Relaxation Training ◽  
Law Enforcement Officers ◽  
The Other ◽  
Law Enforcement Agencies ◽  
Other Hand ◽  
Somatic Disorders ◽  
Cardio Vascular ◽  
Effective Component ◽  
Post Stress

В работе детализированы варианты постстрессовых нарушений у представителей опасных профессий (сотрудников силовых ведомств, участников ликвидации последствий катастрофы на Чернобыльской АЭС) и на этой основе обоснованы адекватные способы коррекции данных сдвигов. В ходе исследования из 1250 мужчин, связанных по роду деятельности со стрессированием, было отобрано 490 лиц, отличающихся переплетением нервно-психических и кардиоваскулярных нарушений. С учетом поставленных задач оценивали психический статус и состояние сердечно-сосудистой системы пациентов. Исходно (помимо медикаментозного лечения) при сравнении результативности дыхательно-релаксационного тренинга и аутогенной тренировки были отмечены преимущества первого. Метод также оказывал положительное, хотя и недостаточное влияние на уровень сердечно-сосудистой деятельности пациентов. Эти данные определили необходимость использования наряду с психотерапией способа пульсогемоиндикации, зарекомендовавшего себя в коррекции как невротических, так и соматических расстройств. Предложенный комплекс психокоррекции и пульсогемоиндикации незначительно повышал результативность лечения участников локальных операций среднего возраста. С другой стороны, он был достоверно эффективнее сравниваемых подходов у лиц старшего возраста – как ликвидаторов, так и ветеранов силовых ведомств. Катамнестический анализ отразил большую терапевтическую надежность комплекса применительно к участникам локальных операций. В целом результаты проведенного исследования позволяют рассматривать пульсогемоиндикацию в качестве эффективного компонента реабилитации лиц, связанных со стрессированием. In the paper, the options of post-stress violations in persons of dangerous professions (law enforcement officers, participants in the aftermath of the Chernobyl disaster) are detailed and on this basis adequate ways of correcting these shifts are substantiated. In a study of 1,250 men associated with stress-activity, 490 individuals were selected for infused neuropsychiatry and cardio-vascular disorders. Taking into account the tasks, the mental status and condition of the cardiovascular system of patients were assessed. Originally (in addition to medical treatment) in the course of comparing the effectiveness of respiratory-relaxation training and autogenic training were noted the benefits of the first. These data identified the need to use, along with psychotherapy, a method of pulsogeoindication, which proved to be in the correction of both neurotic and somatic disorders. The proposed complex of psychocorrection and pulsogemoindication slightly increased the effectiveness of treatment of participants in local middle-aged operations. On the other hand, it was reliably more effective than the comparable approaches in older persons – both liquidators and veterans of law enforcement agencies. On the other hand, catamnestic analysis reflected the great therapeutic reliability of the complex in relation to participants in local operations. In general, the results of the study allow to consider pulsogeoindication as an effective component of rehabilitation of persons associated with stress.

Legal Socialization in the Juvenile Justice System

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Law Enforcement ◽  
Young People ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Developmental Period ◽  
The Other ◽  
Legal Socialization ◽  
Other Hand ◽  
System P

Chapter 9 discusses legal socialization within the juvenile justice system. Adolescence is a developmental period during which many young people have contact with legal authorities, primarily the police. These contacts involve high levels of discretion for law enforcement, and studies show the manner in which that discretion is exercised has strong consequences for the subsequent orientations that adolescents have toward the law as well as their later law-related behavior. In particular, adolescents react to how fairly the authorities treat them. Juvenile justice is a particularly contentious area of policy with many punitive practices advocated in spite of evidence that they do not build legitimacy or reduce crime. On the other hand, experiencing justice is shown to promote legitimacy and lower offending.

scholarly journals Punishment of the collaborationists in Vichy and other French regions (1944 – 1945)

2021 ◽  
pp. 86-93
Author(s):  
Aleksei Dmitrievich Medvedev
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Postwar Period ◽  
Special Position ◽  
French Government ◽  
Organized Violence ◽  
Other Hand

The goal of this article lies in examination of the process of preventing collaborationism in the former capital of the French state, as well as in determination of whether the process of suppressing cooperation with the German occupier has any peculiarities associated with the special position of Vichy in relation to other departments. The author examines such aspects of the topic as spontaneous and organized violence in Vichy and other French regions during the postwar period (1944 – 1945). Special attention is given to reprisal against the collaborationists in Vichy and the formation of representation on the unity of France during the occupation imbued by the Gaullist state. The main conclusions of this research consists in the two interpretations of the purges that took place in the postwar years in France. The situation in the agglomeration has several similarities with the situation in multiple departments: shaving of women; government branches responsible for repressions; urgent purges. However, the fact that namely Vichy was the seat of the French government has its own peculiarities:  weak first phase of the extrajudicial purge due to the presence of law enforcement forces during the occupation and opposition, and on the other hand, the cruelty of spontaneous violence in June of 1945,  numerous arrests in the first two weeks after the liberation, excessive city residents representation in the Court and  Civil Chamber, as well as severity of the sentences.

Systemic corruption and institutional multiplicity: Brazilian examples of a complex relationship

2021 ◽  
Author(s):  
Mariana Mota Prado ◽  
Raquel de Mattos Pimenta
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Complex Relationship ◽  
Accountability Systems ◽  
Other Hand ◽  
Systemic Corruption

Systemic corruption is usually described as a stable self-reinforcing equilibrium that traps individuals by reducing incentives to behave honestly. This article assumes that law enforcement institutions may also be trapped in this equilibrium, leaving no alternative to individuals who want to report corruption. Would the existence of multiple institutions performing accountability functions – what we call institutional multiplicity – reduce the probability that all institutions would be trapped in a systemic corruption environment? We start by hypothesizing that even in contexts of systemic corruption there may be ‘pockets of honesty.’ If this is the case, institutional multiplicity, by increasing the number of accountability institutions available, may create avenues for individuals to report corruption. On the other hand, multiplicity may also increase the risk of ‘façade enforcement’ – that is, the mere appearance of accountability that reinforces a systemic corruption equilibrium. We illustrate these two scenarios with Brazilian examples. We end the article with a discussion of the design of accountability systems in contexts of systemic corruption, arguing that there may be advantages in preserving institutional multiplicity if its deleterious effects are addressed. While based on the Brazilian experience, this article advances theoretical hypotheses that may be useful to other countries.

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