scholarly journals Conceptual principles of the strategic planning in the field of safety of state boundary of Ukraine

2020 ◽  
Vol 8 (2) ◽  
pp. 34-43
Author(s):  
Oleh Моrohov ◽  
Genadiy Маgаs
Keyword(s):  
Law Enforcement ◽  
Strategic Planning ◽  
Armed Conflict ◽  
Integrated Management ◽  
National Interests ◽  
State Administration ◽  
State Boundary ◽  
European Standards ◽  
New System

Conceptual principles of the strategic planning are set forth in the field of safety of state boundary of Ukraine, that include the concept of the strategic planning in the field of safety of state boundary, her aim, principles and model. Origin of the new threats of national safety, related to "hybrid" aggression of Russian against Ukraine, to temporal occupation by her Crimea, kindling of the armed conflict in the east regions of Ukraine, realization of the events sent to destabilization of political and economic situation in Ukraine, development of terrorism and by the threat of his distribution territory of Ukraine, transformations that take place in the sector of safety and defensive stipulated an urgent requirement in a revision and determination of new aims, priorities and tasks on development frontier organization Ukraine, and also revision existent strategic document. In addition, the necessity of creation of the new system of defence of border appeared with Russian and other contiguous states as a guarantee of state sovereignty and providing of national safety, introductions of the European standards of the integrated management by borders.Determination of concept, principles, aim and model of the strategic planning in the field of safety of state boundary of Ukraine offers authors. In the context of this research, under providing of safety of state boundary of Ukraine the process of defence of national interests is understood on a state boundary, and also, making the systems of providing of national safety.For today, strategic planning in the field of safety of state boundary of Ukraine, as the mechanism of state administration, sent to providing of counteraction to the present and potential threats of national safety, that comes true in interests a frontier department, other law enforcement authorities and soldiery forming, and also executive, enterprises, establishments and organizations activity of that is related to national safety bodies.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

scholarly journals Juridical Analysis of the Amount of Diyat Toward Armed Conflict Victims in Aceh

2018 ◽  
Vol 1 (4) ◽  
pp. 104-113
Author(s):  
Munawarsyah Munawarsyah ◽  
Januddin Januddin ◽  
Muhammad Jafar
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Armed Conflict ◽  
Islamic Law ◽  
Central Government ◽  
Legal Basis ◽  
The Government ◽  
Responsible Party ◽  
Standard Concept

Islamic criminal law recognizes a kind of punishment called as diyat (compensation) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or damage of victim body. The legal basis for the determination of diyat can be found in Koran, chapter Al-Baqarah verse 178. Apart from that, there is Hadist of Muhammad Prophet written by Abu Dawud (peace be upon him), explaining the amount of diyat based on crime category whether murder or torture.Aceh Governance has implemented this kind of punishment as a solution on criminal offences in realizing and fulfilling justice for armed conflict victims since 2002. In providing the policy of such payment for the victims in Aceh is based on the assumption that they are under the responsibility of state, therefore the government has determined the compensation on them. The amount of the compensation provided for the victims is not equal to the amount ruled by Islamic criminal law. Therefore, it is interesting to explore regarding the concept becoming the basic for determining it by Aceh Government, and compared it to the amount ruled by the law.The research reveals that the sum of money for the compensation of what called diyat based on Islamic criminal law is the standard concept but it can be replaced by sum of money or properties that have equal price. The basic rules for this punishment in Islamic criminal law can be found in Al-Baqarah verse 178 of Koran. Moreover, regarding the sum of payment that should be provided can be found in Hadith of Prophet of Muhammad Peace be upon him which is told by Imam Abu Daud, mercy Allah for him. Practically, in Islamic criminal law the court, responsible persons and a due date for the payment must decide it.  The rule consisting in the Islamic law is really different from the implementation of compensation done by Aceh Government towards the victims in Aceh. It is recommended that the Aceh Government should realize the rules of the sum of compensation that should be received by the victims or the families based on the determination of the Court as a legal basis. In addition, the Central government as the main responsible party in repairing the condition of the society after the conflict should become the priority and absolute. The law enforcement in fulfilling the rights in Aceh should be done by involving some parties especially priest. Hence the society of the victims in Aceh obtains justice and legal certainty to get their rights.

Reparation for Environmental Damage in Jus Post Bellum

2017 ◽  
Author(s):  
Ilias Plakokefalos
Keyword(s):  
Armed Conflict ◽  
Environmental Law ◽  
Shared Responsibility ◽  
Armed Conflicts ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Typical Situation ◽  
Sharing Responsibility

This chapter explores the problems that environmental damage in armed conflict pose to the determination of shared responsibility, and especially the determination of reparations, in the context of the jus post bellum. When two actors are engaged in armed conflict, there arise no serious issues as to sharing responsibility for violations. But the fact that modern armed conflicts often involve more than two actors (e.g. Libya 2011) complicates the matters arising out of environmental harm, as there may be two or more actors contributing to the same harmful event. This is a typical situation of shared responsibility. Shared responsibility provides that the problem of reparations for environmental harm is to be examined in situations where there is a multiplicity of actors that contribute to a single harmful outcome. This definition covers the breach of obligations under jus ad bellum and jus in bello, as well as under international environmental law.

Practical Application

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Practical Application ◽  
Temporal Perspective ◽  
Applicable Law ◽  
The Law ◽  
Geographical Scope

This chapter analyses the practical application of the law of belligerent occupation in internationalized armed conflicts in its temporal, geographical, and personal dimensions. Firstly, from a temporal perspective, the law is shown to apply once one of the conflict parties consolidates its control over the enemy territory and substitutes its own authority for that of the displaced enemy. Secondly, the chapter assesses the geographical scope of the applicable law and draws specific guidelines for the determination of the territory subject to the law of occupation in various types of internationalized armed conflicts. Thirdly, the chapter endorses the allegiance-based approach to the designation of protected persons under the law of occupation and applies it to the reality of internationalized armed conflict. Overall, the chapter presents a workable toolkit for the application of the law of occupation to internationalized armed conflicts.

scholarly journals Early determination of case fatality rate of COVID-19 pandemic during the ongoing Yemeni armed conflict

2021 ◽  
pp. 1-15
Author(s):  
Abdulla Salem Bin Ghouth ◽  
Ali Ahmed Al-Waleedi ◽  
Marhami Fahriani ◽  
Firzan Nainu ◽  
Harapan Harapan
Keyword(s):  
Young Adults ◽  
Intensive Care ◽  
Armed Conflict ◽  
Case Fatality Rate ◽  
Preventive Measures ◽  
Case Fatality ◽  
Fatality Rate ◽  
Mechanical Ventilators ◽  
Poor Outcomes

Abstract Objectives: To determine the case-fatality rate (CFR) of coronavirus disease 2019 (COVID-19) and its associated determinants in order to understand the true magnitude of the problem during ongoing conflict in Yemen. Methods: The CFR among confirmed COVID-19 cases in Yemen was calculated. The data was retrieved from national COVID-19 surveillance between April 10, when the first COVID-19 case reported, and May 31, 2020. Results: A total of 419 confirmed COVID-19 cases were reported. There were 14.1% and 5.7% of cases who required intensive care and mechanical ventilators, respectively. Out of total cases, 95 deaths were reported, giving CFR of 22.6% which is much higher compared to other countries. CFR was significantly higher among elderly compared to young adults and varied between governorates. Mortality was associated with preexisting hypertension (OR: 2.30; 95%CI: 1.58, 3.54) and diabetes (OR: 1.68; 95%CI: 1.08, 2.61). Conclusions: Elderly and those with comorbidities, in particular hypertension and diabetes, have higher risk for poor outcomes and therefore should receive more attention in the clinical setting. Preventive measures should also be prioritized to protect those groups in order to reduce the severe cases and deaths-associated COVID-19 in armed-conflict.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

Examination of State of the Cable Insulation by the Return Voltage

2018 ◽  
Vol 19 (6) ◽  
Author(s):  
Dmitry Semenov ◽  
Anna Sidorova ◽  
Pavel Romanov ◽  
Aleksey Kuvshinov
Keyword(s):  
Residual Life ◽  
Technical Condition ◽  
Actual State ◽  
Power Cables ◽  
Insulation Resistance ◽  
Cable Lines ◽  
P Factor ◽  
Paper Insulation ◽  
New System

Abstract The relevance of the study is conditioned by the need to determine the state and residual life duration of high-voltage cable lines to identify faulty and maintainable cables. The aim of the article is to determine a reliable scientifically grounded criterion for assessment of insulation characteristics of the cables in use and to perform a comparative analysis of the results obtained by the traditional method of diagnosing insulation with the results of a new method of assessment by the return voltage. In this regard, the article deals with the issues related to the testing of cables having oil-impregnated paper insulation, as well as with the issue of switching from planned replacement of cables to assessment of their actual state and period of residual life. The authors propose to use the method of examining the cables by the return voltage using the device for testing electrical insulation “UDEI-1” developed at the department of Electrification and Automation of the Nizhny Novgorod State University of Engineering and Economics. The article presents the results of measuring the return voltage of three cables that operated under different conditions. The cables had different technical state. The analysis of the estimation of the residual life of cables by the return voltage was carried out using such criteria as the PIRV polarization index, the LIRV electrical conductivity index, and the P-factor. The P-factor is the physical criterion demonstrating the aging of paper-oil insulation by the shape of the return voltage curve. It represents such characteristics of insulation aging as moistening. To compare the results of testing the cables by the return voltage with the conventional methods of diagnostics and to determine the actual technical condition of power cables, the authors applied the method of spatiotemporal reflectometry and the method of measuring insulation resistance with the determination of such indicators of state as insulation resistance normalized per one kilometer, absorption coefficient, and polarization index. The results of this article confirm that the return voltage gives a qualitative assessment of the state and degree of aging of cables with impregnated paper insulation. The authors proposed a new system for evaluation of cable condition by weighting coefficients. In this approach, the determination of residual life of cables with impregnated paper insulation is based on the values of the return voltage. Application of the new system gives opportunity to improve reliability of the power lines. Recommendations for the further operation of the studied cables are given. The materials of the article are of practical value for carrying out complex assessment of the technical condition of power cables by the return voltage and can be useful for drawing up a schedule for replacement or repair of cable lines depending on their actual state.

scholarly journals ВИКОРИСТАННЯ СПРОЩЕНОЇ СИСТЕМИ ОПОДАТКУВАННЯ АГРОВИРОБНИКАМИ

2020 ◽  
pp. 45-51
Author(s):  
Т. В. Калінеску ◽  
С. С. Пономарьова
Keyword(s):  
Green Energy ◽  
Basic Material ◽  
Light Industry ◽  
Industrial Enterprises ◽  
European Standards ◽  
Basic Hypothesis ◽  
Taxation System ◽  
Tax Payers ◽  
Further Development

It is examined the influence of the simplified taxation system on stimulation of home agro business development. The aim of the article is research of the existent taxation system of agro producers and optimization of the tax pressure on the payers of the united tax. Methodological basis of research became the modern theories of taxation and finances in the conditions of global calls, climatic risks and necessities of home and foreign consumers. In undertaken studies the used methods of dialectics, methods and principles of scientific cognition and instruments of analysis the systems for the exposure of influence the simplified system of taxation on activity of agro producers. The basic hypothesis of research became supposition that optimization of the tax loading on agro producers must take a place with a selection of volumes of possessing agricultural resources, prepared products and level of the got profits. Exposition of basic material. It is educed that development and total revenue of agro industrial enterprises depend from the level of taxation of their activity, but sum prepaid tax by the agrarian enterprises does not depend from the got profits and does not answer principles of regulative function of taxes. Originality and practical meaningfulness of research are confirmed by the ground analysis of agro producer’s activity, which work for the simplified system of taxation. An proposed differentiation the united tax payers of 4-th group has the applied value, and similar approach can be used for determination of rates the other groups of the simplified system of taxation. Conclusions and prospects of further researches. An offer groupie of agro producers, which work for the simplified system of taxation, will allow bringing down the tax pressure, stimulating further development of agrarian business in the direction of accordance the European standards of agro products quality. Further researches will be sent to the improvement of the simplified system of taxation of stimulation and development of complete cycle of agribusiness beginning from growing of products, processing and, ending, by an eventual consumption is not only food industry, but other industries of national economy, like light industry, green energy and tourism.

scholarly journals PENYELESAIAN KONFLIK PERTANAHAN PADA KAWASAN PARIWISATA LOMBOK (STUDI KASUS TANAH TERLANTAR DI GILI TRAWANGAN LOMBOK)

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Land Dispute ◽  
The People ◽  
Agrarian Law ◽  
The Government ◽  
The Right ◽  
Lombok Island

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

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