scholarly journals Law Enforcement in Times of Violent Demonstrations

2021 ◽  
Vol 15 (2) ◽  
pp. 219-240
Author(s):  
Syed Kaleem Imam

This paper is an in-depth study on the country's public disorder and the efficacy of police response. In order to understand the dynamics of police response towards violent public order situations, it is important to elaborate complexities of the prevailing environment. The evaluation of this environment revolves around the existing policing practices towards handling volatile law and order situations, available legal framework, and internal challenges to deal with violent situations firmly. The research is based on the police department's shared thoughts, years of handling turbulent situations, and the requisite provisions for an apt response. Besides relevant reports, articles and assessed data have been consulted. Suggestions as to how police can act in a better manner in times, related strategies and tactical procedures have been elucidated.

2021 ◽  
Vol 16 (4) ◽  
pp. 184-192
Author(s):  
A. A. Shulakov

The study contains a step-by-step algorithm for determining the law applicable to private cross-border legal relations. The algorithm is developed based on legislation, law enforcement practice and doctrine. The initial rule of the sequential execution of the stages (steps) of the algorithm is a mechanism in which the determination of the law applicable to the legal relationship at one of the stages excludes the subsequent stages of the algorithm. Public policy interests dictate the rules for determining the law to be applied to private law relations complicated by a foreign element. The establishment by the legislator and law enforcement officer of the closest connection between the interests of conflicting public orders (legal orders) with elements of cross-border legal relations is the basis for the process regulation in the Russian Federation. At the first, second and third stages of the algorithm, the interests of the domestic public order (law and order) dominate. At the fourth stage of the algorithm, public interests in the part not regulated by super imperative norms are correlated with the agreement of the parties on the choice of the applicable law. At the fifth — eighth stages of the algorithm, the law enforcement officer is guided by the rules established by the legislator taking into account the interests of public orders that are conflicting in cross-border legal relations. At the last, ninth stage of the algorithm, the applicable law is established by the judge based on the closest connection between the interests of public order (law and order) with elements of crossborder legal relations.


Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  

The article deals with the features of public order and security during mass events in terms of foreign experience, which is implemented in the activities of bodies and units of the National Police of Ukraine in the framework of its reform. There has been analyzed the basic principles that determine the strategy and methods of policing with mass gatherings under the best European practices (Scandinavian model) to ensure law and order. In particular, the key principles of European law enforcement practice in ensuring the human right to a peaceful assembly about the range of regulations that define the activities of the National Police in this area of ​​activity have been studied. There has been investigated the main criteria that affect the effectiveness of the study model of public order protection in the work of the National Police of Ukraine. The scientific research is based on the concept of the introduction of the Scandinavian model of public safety and order in the activities of bodies and subdivisions of the National Police of Ukraine during mass events, through the prism of the provisions enshrined in it. The presented conclusions and proposals in the scientific article are based on the interview of persons from the leadership of the bodies and units of the National Police, who were trained by the Advisory Mission of the European Union in Ukraine on public order during mass events [1].


2019 ◽  
Vol 71 ◽  
pp. 02007
Author(s):  
N.V. Deltsova ◽  
U.A. Dorofeeva ◽  
M.N. Zubkova ◽  
M.A. Tokmakov

In the context of globalization, the question of protecting one's own national interests is becoming more acute for the state on whose territory foreign law and order is applied. The application of foreign legislation in economic disputes creates various problems and raises questions related to the establishment of the content of foreign law, which must be resolved in the context of Theoretical understanding and law enforcement practice. This study is aimed at identifying the risks of uncertainty in the application of foreign law to relations involving a foreign element in the Russian legal reality and finding ways to overcome them taking into account national interests. Special attention is paid to consideration of the Institute of non-use (limitations) of foreign law is presented in the form of rules on the application of the mandatory rules of the forum (lex fori), the reservation of public order (order public), and eliminating the use of foreign law in case of conflict.


Author(s):  
A. G. Ryabchenko

The article deals with the specifics which for mauthority of the prikazy, voivodes and gubnye institutions in the 17th century Muscovite State interms of anti-criminal activities that consist in maintaining public order and taking part incriminal procedure. The largest works copein relation tocombating crime was done by the Robbery prikaz that ran gubnye izby and set up a gubnoy starosta corps (by means of elections and appointments). Apart from the Robbery prikaz, law-enforcement duties, to a great extent, were also implemented by the Zemskiy and Sysknoy prikaz. Special attention with in this article is paid to the issue of voivodes competence formation in connection with anti-criminal policy, their duties were determined by «nakazy» from the centre and consisted both in maintaining law and order and arranging search and investigation into the cases under their jurisdiction. The article also addresses the lack of definite separation of duties within the jurisdiction context, e.g., political off enders could be and if needed had to be traced by police services of all levels, but an investigation was generally conducted at the prikaz level where as a judgment could be delivered at the highest power level.


Author(s):  
Chingiz Akhmedov

In this article, the author examines the history of the formation of the Nizhny Novgorod fair police from the beginning of the XIX century. The reasons for its establishment are found out, from the fact that due to the lack of a sufficient number of police officers of the Nizhny Novgorod province, their functions during the fairs were performed by temporarily assigned Cossack formations from the military department, which did not have a sufficient level of competence in the implementation of law enforcement activities. The author consistently reveals the interest of the provincial authorities in the protection of law and order during fairs and their interaction with the leadership of the Ministry of Internal Affairs when creating a commission for the formation of police constables on the basis of archival and literary sources. The article examines the activities of the commission for financing the police constables, providing them with weapons and means of movement. On the basis of the instruction, the rights and obligations of the mounted police constables, who ensure the protection of public order during the fairs, were analyzed. The author emphasizes that, despite the temporary nature of the formation of police constables, they were assigned the same duties and enjoyed the same rights as the ranks of the district police.


2020 ◽  
Vol 15 (11) ◽  
pp. 172-179
Author(s):  
S. V. Simonova

The paper presents an analysis of Russian legal practice on dissemination of unreliable socially significant information on the Internet. Based on the study of regulatory, law enforcement and linguistic sources, the author provides a legal assessment to information reliability characteristic, delimits it from related phenomena, and formulates the conditions for the realization of a legitimate interest in obtaining reliable information. Particular attention is given to an analysis of cases of bringing citizens to administrative responsibility for the dissemination of deliberately unreliable socially significant information on the Internet. The author concludes that the presumptions of unreliability of digital messages and their threat to public order and safety are widely spread in judicial practice. It is noted that unreliable socially significant information is interpreted in practice through the prism of information that does not correspond to reality, and the burden of proving the truth of messages published on the Internet is, as a rule, on their distributors.


2021 ◽  
Vol 4 ◽  
pp. 67-69
Author(s):  
Vladimir V. Kiryukhin ◽  

The article examines the features of the formation of the police system of our time. In the 18th century, the British law enforcement system was on the verge of grandiose reforms. Rapid economic growth and social shifts have revealed the need to ensure public order and security, suppress riots, protect goods and goods in a new format, which required the creation of specialized law enforcement units. The modern form of police law enforcement was implemented in 1829 by Robert Peel, who created the Police Service, the territorial police force responsible for ensuring law and order in Greater London (Metropolitan Police Service).


2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.


2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.


2020 ◽  
Vol 18 (1/2020) ◽  
pp. 109-124
Author(s):  
Dejan Bursac

The study is designed to empirically test the effects which different ruling party ideologies have on spending for public order and safety budget component in Central and Eastern European countries. The transitional environment and especially post-Cold War security context have altered the concept of security in former socialist societies. Our assumption, based not just on theoretical concepts of left and right ideologies, but also on studies examining this matter in more developed Western democracies, was that right-leaning cabinets will have higher levels of budget consumption for law and order than leftist governments. The empirical model confirmed this hypothesis, albeit only partially. A number of other political, economic, and contextual variables connected with transitional setting, which usually have effect on general levels of spending or certain budget areas, have demonstrated a low significance when comes to law and order spending.


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