SOCIO-LEGAL ASPECT OF COMBATING CORRUPTION

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Сергей Матулис ◽  
Sergey Matulis
Keyword(s):  
Law Enforcement ◽  
Social Perception ◽  
Legal Aspect ◽  
Social Consciousness ◽  
Consumer Society ◽  
Legal Norms ◽  
Social Nature ◽  
Legal Pressure ◽  
Structural Specific

The article covers the range of issues on the efficiency of combating corruption from the perspective of taking into account the role of social perception of legal norms. The author lays emphasis on the perception of corruptive relations as an object of legal pressure, and the law, as means for the implementation of the anti-corruption policy through their social nature. The author acknowledges the issuance of specialized laws and regulations to be a restricted measure, and states the need in ensuring effectiveness of the institutionalized anti-corruption norms. In this respect the author introduces the concept of social reality as a key attribute necessary to ensure the efficiency of law-making and implementation of law-enforcement processes. The article pays special attention to the problems of appearance of social alienation and formation of a consumer society, which are very topical for modern Russia. Besides, as part of the identified range of issues, the author examines taking into account of structural specific characteristics of the existing society, and the factor of social consciousness inertia which collectively considerably influence the efficiency of legal anti-corruption initiatives.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals Protection of public relations in the field of amber mining in Ukraine: legal aspect

2021 ◽  
pp. 124-128
Author(s):  
Y.A Kholod ◽  
I.M Pogrebnoy ◽  
K.O Chyshko ◽  
D.S Heta ◽  
O.P Shaituro
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Protection Legislation ◽  
Legal Concepts

Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.

scholarly journals Russian Bogatyrs: Mission Impossible. Social Function of Giftedness

2020 ◽  
Vol 10 (2) ◽  
pp. 34-40
Author(s):  
Evgeniya Pesina
Keyword(s):  
Social Reality ◽  
Social Function ◽  
Social Consciousness ◽  
Modern Concept ◽  
Russian Society ◽  
Collective Consciousness ◽  
Epic Hero ◽  
Social Nature ◽  
The Social

The article examines the role of gifted people and their place in the Russian society. The prospects of individual-centered approach to conceptualizing giftedness are analyzed. As giftedness has social nature, so the hypothesis is advanced that to define this concept one should start by identifying the function that gifted people are called to perform in society. It is noted that this function is not reflected clearly in contemporary social consciousness; therefore its traces should be sought at deeper levels of collective consciousness, viz. in the ancient epic literature. This task is performed by means of analysis of an epic tale plot – the struggle of a bogatyr (an epic hero) with a grotesque creature (the text "Alyosha Popovich and Tugarin [Serpent]"). The resemblance between bogatyrs’s characteristic traits and the modern idea of gifted people is demonstrated. The conclusions are drawn about the subjective activity of bogatyrs, their function in the social reality and the connection of epic tale character to the modern concept of giftedness.

scholarly journals Judicial practice as a means of ensuring certainty of law enforcement

2020 ◽  
Vol 9 ◽  
pp. 35-38
Author(s):  
P.A. Guk ◽  
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Judicial Practice

The problem of certainty of the application of the rule of law is largely related to judicial practice. The article is devoted to the issues of overcoming by judicial practice of higher courts the uncertainty of legal norms and ensuring their certainty. The forms of judicial practice of the highest judicial bodies that provide certainty of the rule of law in judicial activity are disclosed. The conclusion is drawn about the role of the highest judicial bodies in overcoming the uncertainty of the rule of law and the formation of certain judicial practice.

scholarly journals THE ROLE OF THE COMMUNITY IN THE FRAMEWORK OF PREVENTION AND ERADICATION OF CORRUPTION IN THE PERSPECTIVE OF LAWS IN INDONESIA

2019 ◽  
Vol 2 (2) ◽  
pp. 47-58
Author(s):  
Yulia Monita ◽  
Elizabeth Siregar ◽  
Dheny Wahyudi
Keyword(s):  
Law Enforcement ◽  
Community Participation ◽  
Active Role ◽  
Legal Research ◽  
Legal Norms ◽  
The Public ◽  
Materials Used ◽  
Laws And Regulations

Law Enforcement Problems including corruption, both prevention and eradication of corruption are not only the duty of law enforcers, but the duties of all parties including the public, community participation in the prevention and eradication of corruption have been regulated in many laws and regulations in Indonesia, this matter is interesting in detail, whether the regulation of community participation is still not appropriate so that the public does not know it or still needs a deeper analysis of the provisions of the articles on community participation so that the community is more optimal in playing an active role in efforts to prevent and eradicate corruption. Based on the explanation, the problem in this research is: How are the Settings and Forms of Community Participation in the Prevention and Eradication of Corruption in the Perspective of Laws in Indonesia? To answer this problem, the type of research used in this study is the type of normative legal research that is a type of research that examines matters that are theoretical, principles, conceptions, legal doctrines and legal norms relating to community participation in the framework of prevention and combating corruption in the perspective of legislation in Indonesia. While the legal materials used are primary, secondary and tertiary legal materials. The results of this study will analyze legally the rules and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia. There are several regulations that still need to be improved in the formulation of norms so that they can be more understood and understood by the public. Recommendations from this research are the arrangement and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia must have a good norm formulation and need to be socialized to the public so that people know and participate, so the formulation of norms in the legislation is not only contained in legislation but can be applied by the community in the context of preventing and eradicating criminal acts of corruption in the perspective of legislation in Indonesia.

scholarly journals Social Consciousness in the Realities of IT-Civilization

2021 ◽  
Vol 16 (5) ◽  
pp. 25-35
Author(s):  
Fatenkov Aleksey N. ◽  
◽  
Grekhov Aleksandr V. ◽  
◽  
Keyword(s):  
Social Theory ◽  
Social Life ◽  
Social Consciousness ◽  
Critical Social Theory ◽  
Consumer Society ◽  
Human Psyche ◽  
And Control ◽  
The Impact ◽  
The Given

Mental peculiarities of man of IT-civilization are being theoretically reconstructed in the article. The relevance of the topic is determined by the impact (which is apparently controversial and frequently even causing concern) of newest technologies on people’s psyche and somatic features, their private and social life. In methodology the authors rely on non-idealistic dialectics that is correlated with the content of critical social theory. In the stated methodological paradigm, priority is given to a positive non-classical dialectics which is being distinguished from both a classical dialectics and a negative one. The paper is primarily focused on specificity of social consciousness which categorical status is mostly related to Marxist intellectual tradition. The latter is chosen as a paradigm in the given text. Along with that, Marxist problematization of consciousness and its neighboring realities – ontological, epistemological, social ones – is interpreted with historically actual objective and subjective circumstances in mind. In this regard, the role of socio-cultural templates of modernity, modernism and postmodernity is being highlighted. We specify the content of conceptually significant concepts: social consciousness, information, ideology, propaganda, and consumer society. Consumer society itself is identified as capitalism of new technological and mental mode. The negative character of information and computer technologies’ influence on human psyche is being accentuated and elaborated. On the basis of adduced arguments, it is stated: consciousness of digital society’s man is prone to destruction, eclecticism and is susceptible to being manipulated which is fraught with totalitarian outcome. The resistance strategy is being defined. Its important component is an ability to detect innovative forms of exploitation and control concealed behind technological novelties.

scholarly journals LAW ENFORCEMENT AGAINST ILLEGAL FISHING IN NATUNA WATERS DURING THE COVID-19 PANDEMIC

2021 ◽  
Vol 3 (2) ◽  
pp. 178-196
Author(s):  
Ida Kurnia
Keyword(s):  
Law Enforcement ◽  
General Analysis ◽  
Government Policies ◽  
Legal Analysis ◽  
Legal Norms ◽  
Indonesian Government ◽  
Illegal Fishing ◽  
The Government ◽  
Role Of The Government

Law enforcement against illegal fishing in Natuna Waters during the Covid-19 pandemic is very important, especially considering frequent illegal fishing cases during the pandemic. Therefore, it is necessary to conduct an analysis of the efforts that have been made by the Indonesian Government to solve the illegal fishing cases that have occurred in Indonesia, regarding to the protection of fishermen, especially in Natuna Waters. The purpose of this study is to determine the role of the government regarding the form of law enforcement that have been carried out, utilizing various existing government policies and regulations, as well as the implementation of these regulations in the field, both in preventive, responsive and repressive efforts, in regards to illegal fishing cases in Natuna Waters. To study this, it is necessary to analyze various juridical reviews of the rights and obligations of the Indonesian State in Indonesian waters, data on the number of illegal fishing cases in Indonesia and in the Natuna region, and general analysis of illegal fishing cases. Furthermore, it should also include the type of facilities and infrastructure that must be strengthened. Using the method of normative legal analysis, we found several weaknessesin the legal norms.

Russia’s Market of Mergers and Acquisitions: Stages, Features and Prospects

2009 ◽  
pp. 23-45 ◽  
Author(s):  
A. Radygin
Keyword(s):  
Open Access ◽  
Mergers And Acquisitions ◽  
Corporate Control ◽  
Active Role ◽  
Data Bases ◽  
2008 Financial Crisis ◽  
Legal Norms ◽  
Role Of The State ◽  
Access Data

The article deals with key tendencies in the development of Russia’s market of mergers and acquisitions in the first decade of the 21st century. Quantitative parameters are analyzed by using available in the open access data bases for the years 2003-2008 taking into consideration new tendencies relating to 2008 financial crisis. An active role of the state played in the market of corporate control represents an important factor. Special attention is given to issues of development of Russia’s system of legal norms regulating the market of mergers and acquisitions.

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