Administrative Law Enforcement Research Articles

Nemzetközi Rendészeti Figyelő XIII.

Aim: Keeping up with the international law enforcement literature sometimes runs the risk of bringing together disparate topics in a single publication, as the theme of this issue of the Observer demonstrates. We can be convinced that, while our war-torn planet is giving priority to the centralised state police model, municipal police forces and community policing, which continue to be models at the forefront of strengthening local public security, must not lose their importance. Civil associations, which are an essential part of local security, are not far removed from the principle of decentralisation, and in our country they are embodied in the civil police. At the same time, migration flows, which have become a global phenomenon since 2015, continue to preoccupy the practice of law enforcement administration as well as theory. Only while the former sees illegal migration as a security and cultural threat, the latter cannot forget the humanity-driven protection of refugees. Nor can the fight against terrorism be left off the agenda, especially where these dramatic conflicts are accompanied by the rearrangement of different civilisational cultures. Lastly, the future role of artificial intelligence, for example in areas such as justice, cannot be ignored. Methodology: The authors of the studies primarily rely on empiricism to present the regularities of their research subject, but they also draw on methods tried and tested in the social sciences, especially in sociology, such as interviews and various questionnaires. There is also a lesson to be learned from the fact that the literature, mainly in English, also tries to develop a clear conceptual apparatus, as we have seen in the case of police research in Hungary. Findings: In his review of community policing, Kálmán Etter writes: ‘The publication reveals a specific form of organisation, in which community policing is a group of a few professional police officers and civil servants, operating in individual towns or in the urban areas of larger cities.’ Zsolt Lippai sums up the efforts of citizens to ensure public safety and the tasks of police science: ‘The increasing involvement of non-state actors in the creation of security and the use of methods other than those traditionally used in what might be called “traditional” policing have given rise to a number of theoretical and practical questions which police researchers are called upon to answer.’ Bernadett Bacsó draws attention to a little-studied consequence of migration: ‘In recent years, migration, especially migration driven by young men, has changed the gender balance in destination countries, as this trend leads to a lack of potential female partners.’ The main aim of the study was to build a picture of what Americans think about current issues such as national security, terrorism, counter-terrorism policies, immigration and religion. Tamás Pressburger cites the perceptions of US citizens about terrorism, but also what motivates these views: ‘Based on the experiment, the author concludes that when white subjects are informed that whites are projected to become a demographic minority in the United States by 2060, they are more likely to endorse the use of torture against suspected terrorists.’ Katalin Erdélyi's review highlights the controversial role of artificial intelligence (AI) in the administration of justice: ‘The author's conclusion in this excellent article is that the coexistence of AI and human judges risks a covert transfer of decision-making power.’ It could also be argued that the computer cannot take over the formation of internal judicial convictions because only humans can do that. Value: The modern rule of law makes humanity a core value. The studies to which issue XIII of the Observer draws attention, not infrequently accompanied by concern, represent this value system.

Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe

Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe

An empirical study on the abuse of market dominance by urban pipeline gas in 2020-2022

City pipeline gas has significant natural monopoly properties and regional characteristics. This paper sorted out the administrative law enforcement cases of abuse of market dominance in the field of urban pipeline gas in the three years from 2020 to 2022, and found that the acts of Article 17 (5) and (4) of the Anti-Monopoly Law accounted for the highest proportion, and the punishment was generally mild, and most of them were private enterprises. At the same time, the corresponding regulatory implications are studied and proposed, that is, strengthening the supervision of natural monopoly enterprises extending upstream and downstream links, introducing qualified enterprises in franchise operation, and making full use of information technology to improve regulatory capabilities and regulatory efficiency.

The dividend policy of business entities and the analogy of law

Author discovers uncertainty that generates ambiguous administrative and judicial law enforcement on the issue related to the limits of business entity freedom in the creation and implementation of dividend policy. Importance of such insufficiently clearly regulated by corporate legislation aspects of the dividend policy as the scope of corporation's powers and limitations in determining frequency of making decisions on dividend payments and timing of the actual distribution of profits among the corporation's participants is shown. Special relevance of the doctrinal study and regulatory clarification of the relevant legal parameters of the dividend policy of domestic corporations is associated by the author with the need to overcome the negative consequences of the sanctions impact of unfriendly foreign states. The presented author's approach is aimed at ensuring greater variability of corporate and legal interaction and increasing the efficiency of business entities. Special technical and legal tools were used in the study, including the method of analogy, as well as civilistic means of analysis and synthesis, comparison and generalization. The idea of the possibility and practicability of flexible negotiation of this uncertainty based on the normative construction of the analogy of law, on the basis of the general principles and meaning of civil legislation, as well as through the analogical use of explanations on understanding of the imperativeness and optionality of legal norms contained in the Resolution of the Russian Federation Supreme Arbitration Court Plenum dated March 14, 2014 No. 16 «On freedom of contract and its limits» is argued. As a result, conceptual admissibility of «nonmonotonic» dividend accruals, not linked to calendar quarters has been proved, as well as the possibility of large delays in the actual payment of declared dividends in comparison with the periods pre-established by norms. Main conditions for the implementation of such a measure of freedom in determining dividend policy are identified, namely its focus on achieving a balance of corporate interests and availability of an actually generated net profit for a business entity.

Research on the Chinese Government's Administrative Law Enforcement Supervision Issues in the Chinese Government

Overall, the legal basis for the Chinese government's administrative law enforcement, procuratorial and supervisory work is far from sufficient. Currently, there are no laws and regulations that clearly stipulate the functions and supervision procedures of the government's administrative law enforcement, procuratorial and supervisory work.There are also no specific case-handling procedures within law enforcement agencies for accepting and handling administrative supervision cases, making it difficult to fully carry out government administrative law enforcement supervision cases.In addition, due to the lack of legal provisions, the authority and effectiveness of supervision have been weakened. Only the coordination between the procuratorial organs and administrative agencies can effectively solve the existing problems. On the basis of analyzing the existing problems and causes of administrative law enforcement supervision by the Chinese government, this paper puts forward corresponding countermeasures in order to play an effective role.

Legal Reflections on the Basic Connotation of the Integration of Comprehensive Administrative Law Enforcement

Legal Reflections on the Basic Connotation of the Integration of Comprehensive Administrative Law Enforcement

Значение оперативно-розыскных способов выявления коррупционных преступлений в сфере госзакупок

Introduction: Economic development of the country, its security, implementation of national programmes are ensured by the state and municipal orders. Transactions involving the expenditure of significant amounts of budget funds in the sphere of public procurement constitute favourable conditions for the commitment of various corruption offences. Thus, the state takes control over them and, if necessary, take measures to suppress such crimes. Criminals use a wide range of methods. They formally comply with the rules and procedure of tendering to achieve self-interested personal goals. Identification of such dishonest customers can be done by means of control measures, both public (in the form of scheduled and unscheduled checks) and covert.
 Methods. Public control in the public procurement sphere is not enough to protect the economic interests of the country. Law enforcement intelligence, utilizing covert human intelligence sources, provides timely and efficient acquisition and the use of information being necessary to prevent, suppress and solve non-obvious, latent and covert corruption offences. The use of covert law enforcement intelligence against unlawful acts in the system of the state and municipal procurement appears to be crucial for the proper functioning of this system.
 Results. The present-day practice reveals that in order to effectively tackle corruption in public procurement, it is necessary to use a comprehensive approach involving the application of administrative legal measures and law enforcement intelligence.

The Anticorruption Effects of Information and Communication Technology in Sport Organizations: The Role of Organizational Health Mediation and Organizational Transparency

This study addresses a topic neglected by the sport management literature: the impact of anticorruption effects of information and communication technology (ICT) in sport organizations on the role of organizational health mediation and organizational transparency. This study analyses this topic by presenting and testing a comprehensive theoretical model. This quantitative, descriptive survey uses structural equation modeling methodology. Data collection was carried out by employees (N = 384) working at the Iranian Ministry of Sport and Youth. The results of the study were processed using LISREL 8.80 software in the model and hypothesis testing, and the study found support for the theoretical model. The results show that (a) ICT is an effective tool for reducing administrative corruption of officials, and (b) in terms of both organizational health (variance accounted for = 0.40) and organizational transparency (variance accounted for = 0.39), ICT has a mediating role in reducing administrative corruption in sport organizations. This study fills a gap in the literature by addressing both personal and managerial perspectives, thus allowing directors of sport organizations to consider ICT a useful and practical management tool for reducing corruption among officials in sport organizations, as an adjunct to traditional methods such as administrative reform and law enforcement.

The concept and the essence of principles of administrative-law regulation

The article revolves around the nature and the essence of the principles of administrative-law regulation. The basic role of the principles of administrative-law regulation in ensuring the system organization and development of domestic administrative law, administrative legislation, administrative-law doctrine, rule-making activity and law-enforcement practice is revealed. The problem of the lack of a single concept of the principles of administrative-law regulation both in the doctrine of administrative law and in modern legal practice is highlighted. The need to develop a unified approach to understanding the principles of administrative-law regulation, based on advanced achievements of modern jurisprudence and objective realities of legal practice, is substantiated. The primary importance of applying such an approach in administrative law-making and law enforcement, in particular, in jurisdictional activity, is emphasized.
 The most well-known and widespread definitions of the concept of “principles of administrative-law regulation” are analyzed. A conclusion is made about the cardinal differences of modern scientific views on the nature, essence and system of principles of brunch regulation. Such difference does not allow to build a coherent doctrinal concept based on their simple generalization.
 The impracticality of identifying the principles of administrative-law regulation with normative rules, objective regularities of administrative legal relations, grounds for the emergence of such relations, as well as with the principles of public administration (principles of administrative activity) was established. It is emphasized that a comprehensive scientific understanding of the principles of administrative-law regulation should be based on a general theoretical understanding of the principle, as the basic grounds, the original idea, which are characterized by universality, general significance, higher imperativeness and reflect the essential provisions of theory, doctrine, science, systems of national and international law , state legal policy, policy of development of branches and institutions of law.
 The author’s definition of the principles of administrative-law regulation is formulated. An approach is proposed, according to which the principles of administrative-law regulation are considered as: fundamental ideas underlying the development and functioning of administrative law and all its institutions, a system of administrative-legal relations, realization of the rights, freedoms and legitimate interests of their participants, law-making and law-enforcing activities subjects of public authority.

Big data sentiment analysis of business environment public perception based on LTP text classification ——Take Heilongjiang province as an example

At present, the research of business environment is limited to conducting surveys on specific groups or measuring data from official databases. The assessment of the business environment largely depends on public perception. Aiming to explore the public perception of business environment, this paper organically combines the big data text mining and sentiment analysis (SA). The results show that the combination of big data text mining and SA can reflect the theme characteristics, reduce the bias of sentiment and text analysis, and clearly show the public perception of the business environment. The empirical study found that the public perception of business environment depends on not only the four dimensions of business environment, but also the influence of public opinion that cannot be ignored. The public's low recognition of the business environment in Heilongjiang Province mainly includes backward economic development, serious brain drain, low government efficiency, imperfect policies, administrative law enforcement, regional climate and urban construction. In order to solve these problems, it is necessary to improve the high-standard market system to promote economic development, enhance the efficiency of government services, improve government policies, effectively enhance law enforcement, strengthen infrastructure construction and promote cultural innovation.

Оценка личностных, межличностных и социальных проблем в ресоциализации лиц, привлекавшихся к уголовной ответственности

Abstract: Introduction. The research is aimed at studying the difficulties of convicts’ resocialisation as well as individuals subjected to administrative supervision. The relevance of the study is based on the social significance of countering recidivism, reducing the level of offences, as well as the necessity to gain new scientific knowledge concerning the resocialisation factors. The problem of the study is in the lack of a comprehensive understanding of resocialisation factors, diverse ideas about personal and interpersonal characteristics, and social factors disrupting resocialisation process.
 Research methods include theoretical methods of cognition: generalisation, categorisation and systematisation of information regarding the factors contributing to the resocialisation of convicted individuals; empirical methods of cognition: questionnaire, mathematical and statistical analysis - descriptive statistics, exploratory factor analysis, comparative analysis – Mann–Whitney U-criterion.
 Results of the study. The diverse socio-psychological causes of resocialisation disorders were generalised in the form of a three-component model describing personal characteristics, interpersonal relations and social conditions. The empirical study of perceptions of the causes of resocialisation was carried out. The sample included individuals serving sentences in correctional institutions of the Federal Penitentiary Service of Russia, individuals under administrative supervision (n = 252) and law enforcement officers (n = 232).
 Conclusions. The theoretical model of resocialisation difficulties has been verified. Differences in the perception of the reasons causing resocialisation failures in the group of convicted individuals and law enforcement officers have been established. Recidivists are characterised by the desire to blame the social environment, underestimation of their own negative personal characteristics and social conditions. These include alcohol and other addictions, their manipulation of others, retention of a criminal lifestyle, idleness and hedonism. Law enforcement officers are characterised by increased attention to the conditions of social functioning and negative personal characteristics of ex-convicts.
 The results broaden and clarify scientific ideas about the factors that impede resocialisation, and the tools developed in the course of the study have been tested and are applicable for the practical study of a set of socio-psychological problems of integration of convicted individuals into the community.

Kajian Tentang Hukum Kehutanan Terhadap Daerah Otonom Baru (DOB) Di Indonesia

By laying a foundation in the forestry environment as a basis for running a regional government system, it will encourage the ability to reduce aspects of forest destruction in the region. The deterioration of existing forest conditions cannot be separated from the existence of a development and licensing system that has not prioritized forestry aspects as aspects that need to be prioritized. The effectiveness of law regarding human environmental issues cannot be separated from the state of the administrative apparatus and law enforcement officials as the infrastructure for effective implementation of the law in the realities of environmental life.

Smart all-time vision: The battery-free video communication for urban administration and law enforcement

The Chinese government is dedicated to enhancing the level of informatization in administrative law enforcement to ensure fairness and increase credibility. Currently, law enforcement has exposed such problems as insufficient force, difficulties in collecting evidence, and low evidential power. These problems contradict the principles of rule of law and standardization. Many local governments have implemented advanced information technologies for urban administration and law enforcement, including big data, artificial intelligence, and IoT. Among these technologies, IoT is the core communication infrastructure for innovative law enforcement platforms. However, traditional video communications rely on batteries or dedicated power sources, leading to maintenance challenges and high power consumption. In this paper, we propose AT-Eye, a new video communication paradigm for all-time law enforcement video monitoring, which is battery-free and high-throughput. The key enabler of AT-Eye is ambient backscatter technology, which enables energy harvesting and video communication simultaneously. Unlike previous methods, our proposal introduces a novel CCK-based modulation for tag cameras and achieves 4-way concurrency. The modulation is simple because it uses phase difference and it is energy-efficient because generating square waves is adequate. Moreover, to ensure full compatibility with COTS WiFi, we modulate the physical service data unit. Therefore, data recovery is possible using only commercial NICs. We conduct comprehensive experiments to examine our proposal and experiment results show that AT-Eye achieves a throughput of 10.8 Mbps with COTS radios. We also simulate a 16-way battery-free tag camera system, demonstrating AT-Eye's feasibility of high-definition video communication.

PARADIGM OF ENVIRONMENTAL PROTECTION AND MANAGEMENT OF HOUSEHOLD MEDICAL WASTE IN THE COVID-19 PANDEMIC: EXPECTATIONS AND CHALLENGES

The Covid-19 outbreak has had an impact on various sectors of life, including the environment. Medical waste in the community has increased in the new normal era of the Covid-19 pandemic, this can be seen from the existence of new adaptations in society, but in its application, household medical waste management is still an obstacle to this day. The approach method used is juridical-normative, with the type of dogmatic research, a form of perscriptive research on legal relations. The specification of this research is descriptive-analytical, the government continues to make various efforts in handling household medical waste. State responsibility as the basis for the implementation of environmental protection and management is carried out through the enforcement of environmental laws, namely administrative, civil and criminal law enforcement. Formulation of a new policy on the management of Infectious and Household Waste from Handling Covid 19.

Comparative Analysis of Intellectual Property Clauses of RCEP and CPTPP

As two of the most important free trade agreements in world today, CPTPP is the most advanced and detailed in terms of intellectual property rules among international trade agreements so far, while RCEP is the most extensive agreement on intellectual property signed by China. Through the comparison and analysis of intellectual property clauses under these two agreements, it can be seen that the overall protection of RCEP is less than CPTPP. However, the level of RCEP rules tends to be more balanced to apply to countries at all stages of development. At present, the level of China's intellectual property rules is in line with RCEP. In order to realize the construction of a strong intellectual property country, we should first face up to the gap between the relevant domestic laws and the most advanced international level, and appropriately improve the patents and enforcement of intellectual property based on the relevant provisions of CPTPP. At the same time, China should play a leading role in the protection of genetic resources and strive for more voice for developing countries. Secondly, the Chinese government should strengthen administrative law enforcement and supervision. Moreover, China should increase its efforts to open up to the outside world and lead the construction of an international intellectual property system.

Environmental Law Enforcement In Law Number 32 of 2009 Concerning Environmental Protection and Management

Everyone is part of society who has the same rights, obligations and roles in environmental management. The foundation of the constitution has also provided guarantees listed in Article 28H paragraph (1) of the Constitution of the Republic of Indonesia. The involvement and role of the community was then reaffirmed in Law no. 32 of 2009 concerning the Protection and Management of the Environment, in Article 70. There are several aspects of law enforcement carried out in the environmental field. Law enforcement in the environmental field can be classified into 3 (three) categories, namely Administrative or State Administration environmental law enforcement, Civil environmental law enforcement and Criminal environmental law enforcement. Even though the Government has issued regulations regarding environmental law enforcement that have been planned in a directed manner, there are still many obstacles and obstacles encountered in implementation in the field. Obstacles and obstacles in enforcing environmental law in Indonesia are due to the government's lack of attention to problems that arise in society regarding enforcing environmental law related to the lack of outreach to the public regarding environmental law, not to mention the lack of awareness from the public of the importance of environmental management, as well as a legal culture that is still poor in budget management for the environmental sector.

A brief analysis of the theoretical logic and system operation of the downward shift of administrative law enforcement power

The downward transfer of administrative law enforcement power is one of the core contents of China's administrative law enforcement system reform, and it is also an important part of the modernization of the national governance system and governance capacity. However, due to the lack of internal written norms and insufficient supply of external systems, the current system has a tendency to deviate from the requirements of national policies and the rule of law in practice, so the reconstruction of its system is an inevitable choice to ensure the benign operation of the downward transfer of administrative law enforcement power. Before carrying out the institutional construction, it is necessary to return to the natural and actual logic of "administrative law enforcement power downward" itself to describe the ideal goal of this system construction, reflect on the risks and challenges it may bring in the context of the legality and rationality of administration and the social background of extensive grassroots social governance, and then explore the final foothold of its standardization and institutionalization. In terms of specific system construction, it is necessary to give full play to the significance of theoretical contents such as the limits, basic principles and management models of the downward transfer of administrative law enforcement power in reform practice, and on this basis, carry out specific system design from the aspects of law enforcement teams, institutional guarantees, and supervision systems, so as to realize the organic unity of the legality and rationality of the system of decentralization of administrative law enforcement power.

Evaluation of the law enforcement in Tagum City: Basis for personnel management scheme

Police officers employed in law enforcement administration must be diplomatic to resolve disputes and address problems that impact the department and the neighborhood. The study’s primary goal is to evaluate the effectiveness of law enforcement in Tagum City, Philippines. The study employed a quantitative correlational non-experimental design. 137 Law Enforcement from Tagum City were chosen randomly as respondents for this study's quantitative non-experimental, descriptive analysis. According to the study's findings, Tagum City's level of evaluation of law enforcement for both operational and administrative variables was very high. As a result, it was clear that the law enforcement in Tagum City needed to be evaluated. With this, a law enforcement action plan was established, establishing a curfew and random patrol. The strategy's success in crime prevention actions will be reviewed frequently to ensure it is effectively controlled.

Semantic Analysis on the Police Lingo in the Narratives of BS LEAD Students: A Forensic Linguistic Study

This study looks into the terminologies (police lingo) in the write-ups of Bachelor of Science in Law Enforcement Administration fourth-year students to illustrate the categorical and descriptive meanings of the words used in the narratives, identify the errors in the usage, and find out inaccuracies in the application of mechanics of writing like correct spelling, capitalization, abbreviation, and punctuation marks. Twenty-six (26) (BSLEAD) students participated in this study. They were instructed to write a narrative report in one of their experiences in the field. Police lingo identified in the statements such as nouns, verbs, and adjectives, were singled out from the narratives. These words were analyzed to determine whether they clearly stated their intention and described vividly what they meant to say. Semantic analysis was done by giving the dictionary definition of the word in the first level (categorical meaning as to parts of speech) and the illustrative meaning of the word in the second analysis (descriptive meaning), hence, the police lingo in the narratives were explained and described as to their literal meanings and clarity of intention as used in the statements. Results showed that male and female respondents have a similar choice of police lingo in writing the context of utterances in the narrative reports. They also committed errors in writing mechanics such as punctuation, spelling, and capitalization. It is recommended that the BSLEAD students engage in language learning activities like conversation using English, reading forensic texts, and listening/watching investigative programs on the radio or television that use English as a medium.

International Law Enforcement Observer IX.

Aim: This time, the international overview draws the attention of the readers of Belügyi Szemle to certain studies, which - in addition to providing results in the traditional areas (police endangerment, racism, criminal organisations, violent crime, terrorism, human rights interpretation) - also offer methodological surprises.Methodology: For scientific curiosity to lead to genuinely new knowledge, a fresh approach to research is needed. For example, the rejection of police vulnerability as a rule of law has traditionally taken as its task the sociological interpretation of norm-breaking and amoral official behaviour (Dieu, 1995). Less attention has been paid to the features of the law enforcement profession or the roots of the organisational culture that are responsible for the proliferation of malpractice. A review by Ágota Németh gives an insight into the character of the latter. An original perspective emerges in a study on the “fallibility” of the police, reported by Gergely Takács. The specific characteristics of the protection of public safety and the maintenance of public order have been confirmed again: the unexpectedness of the violation, the need for immediate reaction, the autonomy of the intervener (Hug, 1997). These features give room for general empowerment rather than limitation of police power, and at the same time they are a source of error in policing. A methodological innovation is reported by Zsombor Hermann, who illustrates the successful use of network theory by providing insights into British research on criminal organisation models.Findings: Ákos Erdélyi has turned his attention to research - taking the organisational fragmentation of the fight against terrorism and the sensitive nature of intelligence data into consideration - that seeks to find the answer to how counter-terrorism authorities can strike a delicate balance between sharing intelligence information and securely protecting it. The study reviewed by Tamás Suszter explores the potential of community policing as a solution to get over the racist attitudes in the police forces of the American continent. A typology of violent offenders can be drawn from an approach based on the criminal history of convicts serving their sentences. Sándor Dragon’s review presents such a research. The tightening of criminal sanctions against terrorism can be seen in the French legislation, which also allows for the deprivation of nationality acquired through naturalisation as a supplementary punishment for those convicted of terrorist acts. “Under French law, a person whose loyalty and allegiance are in doubt can lose his or her nationality, but only a naturalised citizen can be deprived of it. An extra safeguard is the requirement of a criminal conviction. Reading this section, it is clear that the negative link between immigration and security is reflected in the tightening of anti terrorism laws.” Barbara Mágó’s article points out the constitutional situation that places the right to citizenship within the sphere of human dignity, which is inviolable and cannot be restricted by criminal law. For a deeper understanding of the problem, it is undoubtedly necessary to clarify the social science concept of terrorism, as can be found in the domestic literature (Pék, 2022).Value: The latest foreign products of law enforcement research, in addition to their thematic diversity, testify to the common values of those working in the discipline. All of these works are based on the recognition that law enforcement administration can fulfil its social function with the rigour of the rule of law only if it succeeds in achieving harmony between efficiency and legality. Law enforcement science also has a major responsibility in this endeavour.