Legal Devices, Law Enforcement, Facilities and Infrastructure

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Mia Lasmi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Main Task ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
The Law ◽  
Law And Justice

Abstract The importance of law enforcement agencies or the judiciary that can help enforce the law to resolve the problems its faces. Therefore, the main task of the court is to maintain the law, both in the form of criminal law and civil law. In the case of civil procedural law, it is a legal regulation that regulates how a person processes civil litigation in front of a court session and how the court processes in accepting, examining, adjudicating and deciding cases and how the process of implementation is in order to maintain the existence of material civil law. Generally, in the enforcement of law and justice, there are several elements, namely: elements of law enforcement, elements of justice seekers, elements of legal instruments (legal / regulatory material), and elements of infrastructure all of which become an integrated unit. The four elements have the same opportunity to be a support and obstacle in the implementation of law enforcement and justice in the field of Shari'ah economy

scholarly journals ON THE ISSUE OF THE BLANKET METHOD OF CONSTRUCTING CRIMINAL LAW PROHIBITIONS (BASED ON PROVISIONS OF SECTION VII OF THE SPECIAL PART OF THE CRIMINAL CODE OF UKRAINE)

Legal Ukraine ◽  
2021 ◽  
pp. 20-27
Author(s):  
Dmytro Kamensky
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Economic Crime ◽  
Main Task ◽  
Special Part ◽  
Regulatory Law ◽  
The Law

The article examines the blanket method for describing dispositions of criminal law prohibitions, in particular, the norms of Section VII of the Special Part of the Criminal Code of Ukraine. It has been established that when using blanket dispositions, the content of a criminal act is determined both by the law on criminal liability and by the norms of other branches of law; at the same time, such dispositions do not replace criminal law provisions, while performing in such cases auxiliary, clarifying function. It is determined that the blanket way of describing economic articles of criminal legislation is due to the special meaning of a criminal prohibition, which protects the economy as a regulator of relations by non-criminal legal acts. In the norms of the Criminal Code of Ukraine on economic crimes considered in the article, the domestic legislator pragmatically concretized the semantic links between the norm of the criminal and special regulatory law, which should be taken positively. It was established that in this way, firstly, the limits of the volume of unlawful behavior are clearly established, beyond which the representatives of law enforcement practice are strictly prohibited from going out during the criminal-legal assessment of the deed. At the same time, here, to a certain extent, the work of the law enforcement officer is facilitated, since normative acts of a non-criminal direction have been concretized, which should be relied upon in the investigation and further judicial proceedings. Secondly, such a normatively specific approach to the construction of criminal law prohibitions obviously contributes to the unification and simplification of approaches to socially dangerous acts in the economic sphere. It shows that the state does not need numerous laws and regulations, which are textually, chronologically and legally distorted. It has been established defined that the reform of the object and system of norms on crimes against the order of economic activity should have as its main task the careful development of specific criminal law norms in order to create the cross-sectoral mechanism of legal regulation. Key words: blanket disposition, economic crime, legal act, disposition, regulatory law.

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 The Role of Law Enforcement Agencies in Preventing Dowry-Related Crimes in Bangladesh and India

2015 ◽  
Vol 23 ◽  
Author(s):  
Mohammad Abu Taher ◽  
Siti Zaharah Jamaluddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Continuous Process ◽  
Judicial Decision ◽  
Law Enforcement Agencies ◽  
Secondary Sources ◽  
Social Custom ◽  
The Law ◽  
Victims Of Violence

Laws are made for implementation. Needless to say, the effective enforcement of laws depends on proper functioning of the law enforcement agencies. Both the Governments of Bangladesh and India have enacted a number of legislations relating to the issue of dowry. Payment of dowry is a social custom still prevalent in both countries where women have become victims of violence every year. Thus, it is the law enforcement agencies that can prevent the women from the menace of dowry-related crimes through the proper application of existing criminal law. In this context, the role of the law enforcement agencies concerning crimes of dowry is crucial. Enforcement of law is a continuous process from the time an offence is reported till the offender is prosecuted and punished. This is a long process involving various stages such as, investigation, prosecution, trial and judicial decision. In this long procedure numerous agencies e.g., the police, the judiciary and the lawyers play their roles. The article looks at the position in Bangladesh and India because unlike India, where there exists the dowry prohibition Officer who deals with dowry demands, Bangladesh lacks a similar enforcement mechanism. Thus, the objective of this article is to examine the position in both countries where the role and functions of the law and law enforcement agencies are made. The article is developed based on the analysis of secondary sources and the decisions of the judiciary of Bangladesh and India concerning dowry-related crimes.

scholarly journals Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

scholarly journals On the issue of early parole from serving a sentence in the Kyrgyz Republic

2020 ◽  
Vol 2 (3) ◽  
pp. 176-181
Author(s):  
Kunduz Zhetigenova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Correctional Institutions ◽  
Life Imprisonment ◽  
Full Compensation ◽  
The Law ◽  
First Time ◽  
State Body

The article is devoted to the grounds and conditions for parole from serving a criminal sentence. The article considers the legislative and law enforcement problems that arise when applying the rules governing the procedure for evaluating the behavior of a convicted person during the period of serving a sentence. On January 1, 2019, the new legislation of the Kyrgyz Republic of the criminal law block came into force, which significantly changed the procedure for parole from criminal punishment. At present, it is only possible in relation to persons sentenced to punishments related to isolation from society. In addition, the provision on parole application in relation to additional punishment is excluded from the criminal law. However, the new law eased the situation of a convict for damages compensation, extended the circle of persons entitled to apply for considering the case on parole (abolished in accordance with the rules of parole was possible only after full compensation of the material damage caused by the crime). The legislator also reduced the number of circumstances prohibiting the use of parole from serving a sentence, and showed humanity in relation to certain categories of convicts (the norm on the application of p from serving a sentence in relation to persons sentenced to life imprisonment). The issue of creating a specialized authorized state body that carries out the execution of criminal penalties that are not related to isolation from society, compulsory measures of criminal legal influence, supervision of persons released on parole from correctional institutions, with the performance of social and legal functions of the probation body, was resolved. However, despite all the positive changes, the study allowed the author to conclude that there are actual problems of legal regulation and practical application of the provisions on the conditions and grounds for parole. In particular, the law does not reflect who exactly should act as a person who compensates for damages. In practice, there are often cases when the convicted person did not work, and the damage was paid by relatives. At the same time, the court has no grounds for refusing to apply for parole. In such circumstances, it is doubtful that the goals of the convicted person’s correction have been achieved. In addition, currently the law stipulates the same rules for the application of parole for persons who have committed crimes for the first time, as well as for persons convicted for a set of crimes and a set of sentences.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

scholarly journals PENERAPAN PERBUATAN MELANGGAR HUKUM DALAM RANGKA MEMBERIKAN PERLINDUNGAN HUKUM ATAS LAGU RAKYAT “TILLO-TILLO DAN ALATIPANG”

2012 ◽  
Vol 8 (15) ◽  
Author(s):  
Yovan Iristian
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Copyright Protection ◽  
Civil Law ◽  
The State ◽  
Copyright Holder ◽  
Collective Property ◽  
The Law ◽  
First Time ◽  
Protection Period

ABSTRACTThe policy to determine the copyright holder on the song unknown its creator according to the Copyright Acts in Indonesia is performed by the State, in which the State holds that copyright consistently based on article 11 paragraph (3) of the Acts Number 19 of 2002 about copyright. The copyright is held by the State and to be the collective property. The protection period is without period of time or unlimited, in which the state is holding the copyright consistently. In Indonesia, the period of time for copyright protection generally is along the life of its creator plus 50 years or 50 years after for the first time it notified or published. This case conducted recalled the developments in trade, industry, and investment fields already such rapid, until need the protection increase for the Creator and Owner of the Related Right by keep pay attention to the vast society interest. The efforts reached for the law enforcement to the infringement to copyright on the song whose creator is unknown is by performing law enforcement based on the Acts Number 19 of 2002 about the copyright in Indonesia. In Chapter XII it is arranged that, the law enforcement on copyright is performed by the copyright holder in the civil law, but there is also the criminal law side.Key Words: Creator, Song Copyright

scholarly journals SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Dynamic Development ◽  
The Law ◽  
Market Relations ◽  
Law Making

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.

scholarly journals Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries

2021 ◽  
Vol 80 (1) ◽  
pp. 173-179
Author(s):  
Д. В. Туренко
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
European Court ◽  
Medical Institutions ◽  
Foreign Countries ◽  
Judicial Proceedings

The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. The basic provisions, norms and differences of legal regulation of the application of coercive measures of medical nature in the legislation of certain foreign countries have been established. The implementation of international legal acts into national criminal, criminal procedural and other legislation has been analyzed. Based on the results of the research, the author has formulated a number of propositions and recommendations for the introduction into the legislative technique of Ukraine. Besides, the author has studied national theoretical issues of criminal law and criminal proceedings, as well as applied issues in this area of the research within law-enforcement activities of pre-trial investigation and inquiry agencies, prosecutor’s office and, in particular, procedural commissioners of pre-trial investigation. The scientific views of individual scholars and representatives of scientific schools on the researched issues have been also considered, and the relevant author’s opinions have been expressed. The author has characterized joint law-enforcement activities, problematic issues of law enforcement agencies and psychiatric medical institutions during the pre-trial investigation of criminal proceedings of this category, problematic issues and the existing system for providing psychiatric care to insane persons, as well as certain areas of cooperation in criminal and judicial proceedings. According to the results of the study, the author has suggested a number of propositions and recommendations for improving the theory of criminal law and criminal proceedings, law-enforcement activity and current criminal and criminal procedural legislation of Ukraine.

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