Enforcement Actions Research Articles

The Nature of The Role of State Attorney Prosecutors in Legal Assistance in the Civil and State Administrative Fields

Objective: This research aims to find out, analyse and discover the nature of the role of the State Attorney in legal assistance in the field of Civil and State Administration, assess the effectiveness of the role of the State Attorney in legal assistance in the field of Civil and State Administration, and identify factors that affect the effectiveness of the role of the State Attorney in legal assistance in the field of Civil and State Administration. Theoretical Framework: The theoretical framework used in this research combines normative legal research and sociological legal research. Normative legal research analyses regulations and laws governing the role and function of the State Attorney, while sociological legal research assesses how these regulations are applied and perceived in practice by the public and related institutions. Method: The type of research conducted is descriptive, using a mixed approach between normative and sociological legal research. Data was collected through the study of legal documents, interviews with State Attorneys, and field observations at various agencies related to the Civil and State Administrative fields. Results and Discussion: The State Attorney plays a role in representing the legal interests of the state, government, BUMN/BUMD, and the community through legal assistance, law enforcement, legal considerations, services, and other legal actions. However, its role in resolving legal disputes in the civil and state administrative fields is still less effective, both through litigation and non-litigation channels, which are influenced by the substance of the law, human resources of the apparatus, facilities and infrastructure, public legal awareness, and legal culture. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of [insert field of study]. These implications could encompass [list impacted areas or sectors]. Originality/Value: The essence of the role of the State Attorney is to represent the legal interests of the state, government, BUMN / BUMD, and the community through various forms of legal assistance and action, but the effectiveness of its role in resolving legal disputes in the fields of Civil and State Administration is still less than optimal, influenced by legal substance, human resources, facilities and infrastructure, public legal awareness, and legal culture.

Misreporting in the Norwegian business cash support scheme

We analyze the reporting response to an ambitiously targeted government support scheme for Norwegian businesses at the very start of the Coronavirus crisis in 2020. Our empirical design is based on cross-checking self-reported data in the applications for support with administratively reported data used for VAT. We find strong evidence that strategic misreporting was present but conclude that its remaining quantitative extent after enforcement actions already taken by the tax authorities was relatively small. Firms tend to misreport 4% more often than expected, and the actual support paid out was 5% higher than it should have been. We discuss possible reasons for the relatively limited extent of non-compliance and more general lessons for the design of transfer programs.

Implicit bias training for police: Evaluating impacts on enforcement disparities.

The purpose of this study was to estimate the behavioral impacts of training police officers in implicit bias awareness and management. Training police in implicit bias reduces racial and ethnic disparities in stops, arrests, summonses, frisks, searches, and/or use of force. A cluster randomized controlled trial using the stepped wedge design was applied to 14,471 officers in the New York City Police Department, with a 1-day training delivered to clusters of police commands between May 2018 and April 2019 and outcomes measured with police records of individual events from April 2018 to May 2019. Police records were supplemented with survey data on 1,973 officers matched to administrative data. For each type of enforcement action, the likelihood that the action involved or was taken against Black or Hispanic suspects, respectively, relative to White suspects was estimated, controlling for potential confounders. Additional analysis allowed for estimating training effects of different magnitudes for Black, Hispanic, and White officers and for officers with greater motivation to act without prejudice or greater concern about discrimination. None of the estimated training effects achieved statistical significance at the .05 level. Isolated and weak evidence of behavioral impacts of the training was detected. Several explanations for the null findings are considered. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

ЧРЕЗВЫЧАЙНЫЕ СИТУАЦИИ СОЦИАЛЬНОГО ХАРАКТЕРА В МЕХАНИЗМЕ АДМИНИСТРАТИВНО-ПРАВОВОГО РЕГУЛИРОВАНИЯ ДЕЯТЕЛЬНОСТИ ОРГАНОВ ВНУТРЕННИХ ДЕЛ

World practice shows that terrorism and extremism, attacks on government institutions and govern-ment officials, riots and pogroms, sabotage and sabotage can take place in both leading and devel-oping countries of the world. Special state and law enforcement agencies have to act under extreme-ly dangerous conditions and conditions. The article examines the place of social emergencies in the mechanism of administrative and legal regulation of the activities of internal affairs bodies. The conclusion is made that the considered emergencies act as a legal fact in the form of illegal acts with an increased degree of public danger, giving rise to specific administrative legal relations that develop in the sphere of implementation by internal affairs bodies of state authority, which are not typical for everyday law enforcement activities. The criteria that distinguish social emergencies from everyday criminal situations are analyzed, and the author's definition of a social emergency is also given.

The Existence of Pretrial Institutions In The Enforcement Of Criminal Law

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

International legal standards and practices of European countries in combating domestic and gender-based violence

The relevance of this study lies in the need to improve the legal mechanisms for combating gender-based violence against the background of the increasing number of military conflicts in the world, which create favourable conditions for the latter. The purpose of this study was to analyse the regulatory provisions of international legislation and the practices of certain European countries in preventing manifestations of hatred based on sex and gender and combating domestic violence through criminal law measures. It was stated that legal standards defined by the regulations of international organisations, international treaties, and conventions underlie national and regional standards for combating domestic and gender-based violence. International legal principles of gender equality are defined by the regulatory framework of the United Nations, the Council of Europe, the European Union, and the Organisation for Security and Cooperation in Europe, and other global and European organisations. Human rights provisions recognised by the member states of these organisations through bilateral and multilateral treaties and implemented through ratification are the basis for the formation of national internal standards of the rights of women, children, and persons of all genders. The study concluded that national standards for guaranteeing and protecting human rights in the field of gender equality constitute an implementation of international standards and pan-European provisions, and their implementation in Ukrainian legislation can ensure sufficiently complete and effective implementation of legal measures to combat domestic and gender-based violence. The ideas formulated in this study are aimed at finding more effective criminal law means in lawmaking and law enforcement activities

Административно-правовые нормы как модели публичного управления

The article discusses the modeling method, which is successfully used not only in the natural and technical sciences, but also in the humanities. It is shown that this method is also used in legal research and law enforcement, and it has the greatest potential in the field of management. It is noted that one of the main advantages the using the modeling method in law is the opportunity to study the mechanism the action of legal norms and the organization of social relations. Based on the consideration of specific examples, it is concluded that administrative legal norms, being models of objective reality, can be successfully used to build optimal algorithms for law enforcement activities, which make it possible to use modern digital technologies in this process. It is argued that modeling has great prospects for improving the public administration process as a whole.

Административные акты нормативного характера

This article makes an attempt to characterize one of the types of administrative acts within the framework of the general typology of normative acts, which are important both in the doctrinal concept and in the practical activities of government bodies. The author sets himself the task of distinguishing between acts of delegated lawmaking (legislation) issued by executive authorities and administrative acts of a normative nature, which are not included in the concept of “by-laws” and belong to the type of administrative act. The article determines that acts that are not related to acts of delegated rule-making, but contain mandatory rules of conduct and act as acts of interpretation, have normative properties and are administrative regulations, the purpose of which is to organize law enforcement activities.

Legal forms, directions and tools of international cooperation in the field of prevention and counteraction of crime against the economic system

This scientific article examines the legal forms, directions and tools of international cooperation in the field of preventing and countering crime against the economic system. The conditions of globalization, internationalization and digital society have significantly increased the importance of international cooperation in the field of law enforcement activities for the formation and implementation of state policy on the prevention and counteraction of criminal offenses against the economic system. The rapid spread of globalization has led to the expansion of the scope of crime and corruption, which go beyond state control and violate the international legal order. The growing scale and threat of crime emphasizes the need to increase the importance of cooperation between states in the fight against this phenomenon, as well as conducting scientific research in this area. The results of the study confirm the need to determine the specifics of legal forms, tools and directions of international cooperation in the field of crime prevention and countermeasures. It has been established that national legislation provides for the use of various legal forms of international cooperation, including the conclusion of bilateral and multilateral agreements, participation in international organizations and cooperation with international police organizations such as INTERPOL, EUROPOL, ASEANAPOL, AMERIPOL, AFRIPOL, GCCPOL, AIMC. It is also important to take into account the specifics of the activities of these international police organizations. In addition, national sources of law were identified that regulate international cooperation in the field of law enforcement. These results highlight the need to develop effective strategies and policies to counter crime that threatens the economic system at the international level.

Issues of legality of procedural actions and adoption of procedural decisions in suspended criminal proceedings

The purpose of this article is to analyze the current provisions of the Criminal Procedure Code of Ukraine in the part that regulates the grounds for stopping criminal proceedings, appealing the decision on such a stopping, as well as researching the grounds and criteria for taking procedural actions in stopped criminal proceedings. This research was carried out on the basis of the study and analysis of the works of Ukrainian scientists, materials of law enforcement activities, in particular, court decisions regarding the specified issue, as well as direct (empirical) experience in the field of criminal proceedings. In particular, general scientific (analysis, synthesis, comparison), special-legal (comparative-legal, formal-legal, concrete-legal) systemic and functional methods were used as a methodology of scientific knowledge. During the study was investigated the issue of stopping and resuming the pre-trial investigation. The concepts of "procedural actions" and "procedural decisions" were analyzed, the current criminal procedural norms regulating the order of stopping the pre-trial investigation were evaluated, legislative gaps were identified that jeopardize the effectiveness of the criminal process and proposed ways of improving the content and construction of such norms. As a result of the research, a detailed analysis of the provisions of the Criminal Procedural Code of Ukraine regarding the suspension of pre-trial investigation was carried out. Practical problematic aspects were identified, recommendations were presented and practical mechanisms for making changes to the norms of the Criminal Procedural Code of Ukraine were proposed.

Self-preferencing: Practices and Characteristics of Abuse of Dominant Position in Digital Markets

Self-preferencing is a new form of anti-competitive practice used to maintain a dominant position in the digital market. Platforms are suspected of playing a dual role as service providers while competing with third parties. This is manifested through preferential treatment towards their goods and services, potentially erecting entry barriers and impeding consumer substitution rights. The research method used is normative research with a statutory and case approach. The results show that the practices and characteristics of self-preferencing in several countries have certain behavioural similarities with those in Indonesia: providing discounts, market coverage, or limited facilities. This practice forms an entry barrier while eliminating consumers' rights to choose and compare with substitute products. The regulation that is used as a reference for the existence of prohibited behaviour as an abuse of dominant position is regulated in Article 25. The absence of explicit regulations addressing these behaviours creates challenges for competition authorities, particularly in AI-driven markets. Advanced economies have already begun enacting specialized laws and enforcement actions against platforms engaging in self-preferencing and other digital market transgressions. Indonesia's regulatory landscape must evolve to encompass these developments and technological advancements in the digital sphere.

Dogmatism in Law in the Context of Increasing Complexity of Reality

It is believed that students engaged in law enforcement activities are more inclined to dogmatic methodology than students involved in civil law specialties. This is explained by the fact that a career in law enforcement attracts people who are authoritarian or dogmatic. The paper aims to question the role of criminal justice and criminal law in structuring dogmatism as the dominant structure of law enforcement thinking. Not only punitive justice and criminology are conditioned by dogmatic thinking. Even natural law is forced to construct a normative system, which is the only means of consolidating both punitive logic and usnaturalism. In addition, it should be noted that in the context of the imperatives of manageability of society, dogmatism is in demand in the penitentiary field, as well as in the broader legal field. Civil courts, administrative law, tax law, military law — all these subsystems depend on consensus in dogmatism to be effective, because law in its anthropological phenomenology is made by people. There is something deontically important about the participation of science in law. This is because our science and technology are embedded in the innovation mechanism of industrial society, while law remains one of the archaic tools born in the cliodynamics of myth, morality and religion. Dogmatism acts as an epistemic perspective, with the help of which law is presented in the purest possible form; its ability to express deontic truth is revealed. The hermeneutical approach to law without taking into account basic deontology is to work with specific cases, and not with what is the essence of law.

Государственный суверенитет в координатах судебной власти: суверенна ли судебная власть?

The article presents the author's concept of judicial sovereignty, which is based on an analysis of the constitutional characteristics of the sovereign principles of the judiciary, which include: the increased, special nature of the legitimacy of the judiciary; the unity of the judicial system of the Russian Federation, ensuring the unity of judicial sovereignty; the independence of the court; the jurisdictional universalism of the court, ensured by the exercise of judicial power in various constitutional forms of legal proceedings, by combining universalization with differentiation; judicial and jurisdictional discretion, including the possibilities of judicial law-making and the formation of judicial law. In this regard, the concept of judicial sovereignty is being implemented both in law enforcement, judicial and jurisdictional activities, and in judicial rulemaking. At the same time, the role of the judiciary in the development of the modern doctrine of state sovereignty is analyzed, bearing in mind, first of all, the decisions of the Constitutional Court of the Russian Federation as the conceptual basis of national judicial jurisprudence, which is of particular relevance in modern conditions of the global crisis of international relations and the need to strengthen the sovereignty of Russia in all forms of its manifestation.

A Legal Obligation on UK Employers to Conduct Labour Law Due Diligence: A Substantive Proposal

Abstract The use of non-financial reporting and due diligence legislation to force companies to address specific adverse effects of their operations has become an increasingly common tool for policymakers in recent years. To date, international legislative activity has mainly focussed on potential breaches of human rights and environmental obligations but has also included aspects of labour law. This article proposes a new law that adapts the concept of corporate due diligence to the field of labour law. The new law uses a reflexive model of legislation which is referred to as Labour Law Due Diligence. The under-resourced system of labour market enforcement in the UK and workers’ reluctance to use litigation to defend their rights means that persistent non-compliance by employers can go unpunished. Employers would be obliged to carry out an annual audit to assess whether they comply with key labour law obligations and make the results public. Non-compliant employers would need to remedy any unlawful practices within a year or face the prospect of enforcement action being taken against them. Through an evaluation of UK legislation which has attempted to force companies to address specific legislative goals through public disclosure of data, the article seeks to address the weaknesses of such legislation by involving stakeholders and introducing robust systems of enforcement.

A hatékony fellépést nehezítő jogi akadályok a hulladékká vált járművek közterületről történő eltávolításával összefüggésben

Aim: The aim of the study is to present the problem of the removal of vehicles left in public areas, which is a common problem in large cities, and which is little known by many, and to present the municipal police responses and possible solutions. Methodology: The authors of this paper, as law enforcement professionals with experience in municipal policing, analyse the legal environment related to the removal of abandoned vehicles from public areas, pointing out the obstacles and possible solutions. Findings: The police, as the state actors in the creation of our security, and in particular the activities of the police organisation, have been and are still dealt with in many different ways. However, only very few police researchers have focused their attention on the specialised bodies of policing, such as the municipal police force which is the subject of this study. The authors present a problem that affects many, but which is little known and little researched: the legal obstacles to effective law enforcement action in the context of the removal of abandoned vehicles from public spaces. Giving a glimpse into the complex workings of municipal law enforcement and the daily life of one of the specialised agencies responsible for providing security as part of our common mission. Value: The authors of the study wish to contribute to the comprehensive scientific research and mapping of the operation of municipal police forces, recognising the fact that the topic under research is a continuously topical issue of police operation, since the last two decades have brought about a number of unprecedented situations in the operation of the police. The quantitative and qualitative transformation of tasks and expectations also necessitates a reassessment of the relationship between the police and the municipal police. This study will help to examine these activities.

Justice as a requirement for the effectiveness of law-enforcement acts

The article is devoted to the study of the peculiarities of the understanding of the category «justice» in the context of understanding the latter as a requirement for the effectiveness of law enforcement acts. It has been established that justice at the level of legislation literally permeates the basic Ukrainian legislation. This concerns, first of all, numerous regulatory legal acts of a constitutional nature and basic codifications in various branches of the legal system. The principles of justice are enshrined in the current legislation of Ukraine, in particular in the following legislative acts: Civil Procedure Code of Ukraine, Economic Code of Ukraine, Criminal Code of Ukraine, Criminal Executive Code of Ukraine, etc. In practice, the Constitutional Court of Ukraine implements the principle of justice in its decisions. It is proven that the requirements of justice cannot be absorbed by the concepts of good faith and reasonableness, but have an independent meaning. It is impossible to agree with the fact that the requirements of justice of a law-enforcement act exist in a «hidden form», because its concept and content can be defined by a specific term. A decision that violates the principles of good faith and reasonableness cannot be recognized as fair. At the same time, a good faith and reasonable decision may theoretically contradict the principle of justice. It was concluded that justice as a requirement for the effectiveness of law-enforcement acts must be perceived in a broad sense - in relation to the entire process of establishing facts, their research, qualification and, ultimately, the law­enforcement act itself. This makes it possible to follow the influence of all stages of law enforcement activities on the adoption of fair law enforcement acts, to evaluate their effectiveness, based on the fact that such decisions acquire not only legal, but also moral force. The legal criteria for the fairness of a law-enforcement act are: the fairness of the law itself (as a general criterion) and the fairness of the normative legal acts that were used during the adoption of the law-enforcement act (as a direct criterion). The justice of a law-enforcement act depends not only on its legality and reasonableness, but also on its compliance with the principles of social justice and moral norms.

The place of judicial enforcement in the process of implementation of legal norms (on the example of the enforcement activity of administrative courts and courts whose competence includes consideration of cases on administrative offenses)

The place of judicial enforcement in the process of implementation of legal norms (on the example of the enforcement activity of administrative courts and courts whose competence includes consideration of cases on administrative offenses)

The Heat is On: Does Civil Litigation Affect Policing Practices?

We investigate the relationship between civil litigation and policing activity at a systems level and take a step toward a more rigorous understanding of the effect of civil litigation as an accountability mechanism for law enforcement misconduct. To investigate, we assemble original data on every civil lawsuit filed against a police department in North Carolina between 2003 and 2011, which we pair with existing traffic stops data from 2002 to 2016. We hypothesize that as an agency faces an accumulation of lawsuits, the agency will scale back its discretionary enforcement activities. Empirical tests reveal a 16 percent drop in the number of monthly stops made by officers in the aftermath of new civil litigation against their department. However, reductions in discretionary police behavior appear to benefit white motorists while rates of stops of Black motorists remain relatively unchanged. Our findings highlight the role of litigation in police accountability as well as the seeming intractability of racial disparities in discretionary police behavior.

Corporate misconduct and innovation: Evidence from the pharmaceutical industry

We examine the relationship between corporate misconduct and pharmaceutical firm innovation and performance. Pharmaceutical firms obtain significantly fewer new product approvals by the U.S. Food and Drug Administration (FDA) following corporate regulatory violations, lawsuits, and Securities and Exchange Commission (SEC) regulatory enforcement actions. We also examine the potential reasons why innovative capacity is reduced for culpable firms. Following instances of misconduct, pharmaceutical firms are 50 percent less likely to engage in business expansions, engage in significantly fewer new strategic alliances and partnerships, and are awarded fewer government R&D grants. We attribute these results to the reputational loss associated with public knowledge of corporate misconduct. In support of this hypothesis, we find pharmaceutical firms experience negative cumulative abnormal stock returns (CARs) surrounding SEC enforcement announcements, and misconduct incidents increase the probability of analyst concerns. Overall, our results are consistent with the reputational loss associated with corporate misconduct being an important factor in future reductions in pharmaceutical firm innovative capacity.

Investigating Documented Privacy Changes in Android OS

Android has empowered third-party apps to access data and services on mobile devices since its genesis.This involves a wide spectrum of user privacy-sensitive data, such as the device ID and location. In recent years, Android has taken proactive measures to adapt its access control policies for such data, in response to the increasingly strict privacy protection regulations around the world. When each new Android version is released, its privacy changes induced by the version evolution are transparently disclosed, and we refer to them as documented privacy changes (DPCs). Implementing DPCs in Android OS is a non-trivial task, due to not only the dispersed nature of those access control points within the OS, but also the challenges posed by backward compatibility. As a result, whether the actual access control enforcement in the OS implementations aligns with the disclosed DPCs becomes a critical concern. In this work, we conduct the first systematic study on the consistency between the operational behaviors of the OS at runtime and the officially disclosed DPCs. We propose DopCheck, an automatic DPC-driven testing framework equipped with a large language model (LLM) pipeline. It features a serial of analysis to extract the ontology from the privacy change documents written in natural language, and then harnesses the few-shot capability of LLMs to construct test cases for the detection of DPC-compliance issues in OS implementations. We apply DopCheck with the latest versions (10 to 13) of Android Open Source Project (AOSP). Our evaluation involving 79 privacy-sensitive APIs demonstrates that DopCheck can effectively recognize DPCs from Android documentation and generate rigorous test cases. Our study reveals that the status quo of the DPC-compliance issues is concerning, evidenced by 19 bugs identified by DopCheck. Notably, 12 of them are discovered in Android 13 and 6 in Android 10 for the first time, posing more than 35% Android users to the risk of privacy leakage. Our findings should raise an alert to Android users and app developers on the DPC compliance issues when using or developing an app, and would also underscore the necessity for Google to comprehensively validate the actual implementation against its privacy documentation prior to the OS release.