Enforcement Problems Research Articles

Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly

The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.

Problems of enforcement of court decisions on recovery of spousal maintenance abroad: legal and practical obstacles

The article deals with the problems of recognition and enforcement of Ukrainian court decisions on recovery of spousal maintenance in foreign countries. The author emphasises that the current conditions associated with the introduction of martial law in Ukraine have brought new challenges to family legal relations which require further research in order to provide proposals for their solution. The author substantiates that the stay of the payer of spousal maintenance abroad makes the issue of proper fulfilment of his/her obligation particularly relevant in modern conditions. The author examines international conventions relating to the enforcement of the obligation to pay alimony in foreign countries. It is established that despite the existence of the conventions studied, there are difficulties in the enforcement of court decisions. The author examines the peculiarities of recognition and enforcement of a court decision on the recovery of alimony in a foreign country and the problems that may arise for plaintiffs. The author establishes that despite the legal force of a court judgment in Ukraine, it cannot be automatically enforced in a foreign country without prior recognition. Attention is paid to the problem of impossibility of recognition for enforcement of a Ukrainian court judgment in a foreign country in case of improper notification of the defendant of the court proceedings. The author highlights the problem of proper service and notification of the defendant located abroad of the proceedings and the grounds for the claim, which significantly affects the consideration of the case within a reasonable time and further enforcement of the court decision. The author establishes that notification of the defendant of the commencement of litigation in Ukraine depends on cooperation between Ukrainian and foreign authorised bodies, which affects the efficiency of the enforcement of a court decision. The author focuses on the problem of searching for a defendant in a foreign country and the possibility of enforcement of a court decision on recovery of spousal maintenance. Attention is drawn to the problem of enforcement of a court decision on the recovery of spousal maintenance from persons who have been granted refugee status or from persons in need of temporary protection in foreign countries. The author argues that further research should be aimed at finding and solving problems related to the enforcement of national court decisions in foreign countries.

Legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of provision of medical services: current challenges and prospects for improvement of legislation

In today’s world, where the quality of medical services and patients’ rights are becoming increasingly important, the issue of civil liability of medical professionals is becoming extremely relevant. The article is devoted to a comprehensive study of the legal aspects of civil liability of healthcare professionals for violation of patients’ rights in the course of providing medical services in the context of current challenges and prospects for improving Ukrainian legislation. The article examines theoretical and practical issues related to the peculiarities of civil liability in the medical field. The legal basis for such liability, its forms and consequences are analysed. Particular attention is paid to the specifics of proof in medical cases and the problems faced by patients in defending their violated rights. The article analyses the judicial practice of consideration of cases involving violation of patients’ rights, identifies the main trends and problems of law enforcement. On the basis of this analysis, the author formulates proposals for improving the mechanisms of civil liability in the medical field. Special attention is paid to the new challenges facing the healthcare system in the context of technological progress and globalisation. The author examines the issues of liability in the use of telemedicine, artificial intelligence in diagnosis and treatment, as well as the problems of protecting patients’ personal data. Based on the study, the author proposes specific ways to improve Ukrainian legislation in the area of civil liability of medical professionals. In particular, the author considers the possibilities of introducing specialised rules on medical liability into the Civil Code of Ukraine, creating an effective system of pre-trial settlement of disputes in the medical field, and strengthening guarantees for the protection of patients’ rights. The article contains substantiated conclusions regarding the need for a systematic approach to reforming legislation in the area of civil liability of medical professionals. The author emphasises the importance of a balance between protection of patients’ rights and creation of favourable conditions for professional activity of healthcare professionals.

Современное состояние терроризма в Российской Федерации

The article analyzes the specific provisions of the legislation of the Russian Federation in the field of countering terrorism in a rapidly changing reality, as well as problematic issues arising from the implementation of these provisions; identification of criminologically significant causes and conditions for the commission of terrorist crimes; identification of legislative gaps and law enforcement problems in this area, development of sound proposals for their solution. In this regard, the problem of terrorism turns out to be relevant not only for Russia, but also for the entire world community. This fact is due to the fact that terrorism poses a danger to the state, its integrity, sovereignty, various institutions (public, legal, state, economic, etc.), property, legitimate human and civil rights and freedoms, as well as encroach on the health and life of an individual, etc. The article notes that various manifestations of terrorism encroach on various.

On the relationship of legality and social justice in law enforcement practice (to the 180th anniversary of the birth of A.F. Koni)

The problem of the relationship between law, legality and social justice is one of the fundamental problems of legal theory and law enforcement practice.The purpose of the study is to assess the problem field in the relationship between the principles of legality and social justice in domestic law enforcement practice and to substantiate the key role of the principle of social justice in its further development. The authors proceed from the position that the theoretical and practical experience of posing and interpreting this problem, accumulated in the history of world and Russian legal science, is an epistemological and worldview resource that has not only theoretical, but also quite practical significance.Methodology. Analytical methods were used to study the relationship between legality and social justice, historical-retrospective and hermeneutical methods in revealing the semantic meaning of these concepts, as well as a dialectical method in interpreting existing contradictions in their law enforcement practice.Results. The article, taking into account the current two main trends - on the one hand, towards “de-ideologization” and, on the other hand, towards “re-ideologization” of legal science - examines the relationship and interpretation of such concepts as “legality”, “law”, "legal proceedings", "social justice" in modern scientific (legal) discourse and in law enforcement practice. The development of the semantic content of the principle of social justice is shown through the concepts of “justice” (Aristotle), “moral perfection” (B.A. Kistyakovsky), “decent human existence” (P.I. Novgorodtsev), “proportionality” (A.F. Koni) etc. Based on a comparison of different theoretical and methodological approaches to defining these concepts, their content and role in law enforcement practice are revealed. A provision has been formulated on the need to expand openness and public principles in improving legal proceedings, since the encountered practice of closed legal proceedings does not correspond to the principles of openness and publicity. The problematic issues of the comprehend theory of law associated with the blurring of the concepts of “legality” and “social justice” in the context of existing ideological pluralism are revealed. In connection with the anniversary – the 180th anniversary of the birth of the outstanding Russian lawyer A.F. Koni, his contribution to the development of ideas about legal morality and judicial ethics is shown. In particular, his idea about the “spirit of legality”, that the “truth of life” should be higher than the “legal truth”.Conclusion. Taking into account the influence that ideology has on the law, a position has been formulated on the need to form a unified ideological view in determining socially fair legal content and its clear legislative codification. The main trends in the development of modern scientific ideas about the relationship between ideology and law have been identified. The thesis about the key importance of social justice in the development of law and legality is substantiated.

“Actually, they used to pay no notice of”: Soviet Law Enforcement and Gender-Related Violence Problem in Historical Sources

After occupation and annexation of Lithuania, soviet government started to reorganize such institution like police and courts. Repressed former juridical elite, qualified independent jurist were changes by unqualified immigrants or by other loyal to soviets persons. Soviet law enforcement bodies became marionette of system, tool of repressions and one of the institution that generated traumas. Precisely, this process is subject of our research and touches to the complex problem of soviet and nowadays- coersion against women-, let us to understand how subtile and unvisibly soviet terror mechanism worked. It incalcultated atrophy of humanism and civilness and indifferent to others pain.

The Role of H. L. A. Hart’s «Rule of Recognition» in Contemporary Anglo-American Legal Positivism

The article explores the role of the theory of «rules of recognition» by Oxford professor H.L.A. Hart in the contemporary theory of Anglo-American legal positivism, introduced by him in his central work «The Concept of Law» (1961), which has a significant influence on contemporary legal theory and philosophy. The authors reveal the content and meaning of the concept of «rules of recognition» as part of the secondary rules – «rules about rules» or «procedural rules» which determine the criteria for the validity of law along with the «rules of change» and the «rules of adjudication» in H.L.A. Hart’s terminology. The authors demonstrate the correlation with the «Grundnorm» of German legal philosophter H. Kelsen, which is more common in the Ukrainian legal theory, and which justifies the existence of constitutional norms as fundamental ones which determine the recognition of law by society and its individuals. The authors analyze the main positions of H.L.A. Hart’s followers – J. Raz, M. Kramer, B. Bix, S. Shapiro and others – regarding this theory and highlights the criticism of its individual provisions. The authors highlight how H.L.A. Hart tried to explain by the «rules of recognition» how law at the fundamental level is a matter of social convention (agreement between people inside the inhabited society), defending one of the components of legal positivism – the thesis of social fact (social sources of law thesis). The authors examine the interdependence between law and coercion by the State, the role of social practice in society’s subordination to law, the role of moral norms in the formation of law, in particular, the «rule of recognition», the correlation between the concepts of «rule of recognition» and «legal validity», and the problem of law enforcement by judges and governmental officials of the «rule of recognition». The authors summarize how H.L.A. Hart eliminates morality from the content of law in motivating judges and governmental officials to apply the rules of law, clarifies the position of legal positivism on the issue of the grounds for society’s submission to law, and demonstrates how the «empirical» theory of recognition prevails over the «analytical» theory, using R. Alexy terminology.

Maximum fault-free enforcement in Petri nets using supervisory control

Abstract Fault diagnosis and maximum fault-free execution are essential for the development and operation of computer-integrated systems covering aircraft systems, power grid systems, production processes, etc. This paper focuses on the problem of fault diagnosis and maximum fault-free enforcement of systems modeled by labelled Petri nets. Given a system modeled by a labelled Petri net that may enter deadlocks, an extended basis reachability graph that contains sufficient information to characterize deadlocks is used to compress the state space and verify the diagnosability for the considered system. Furthermore, the proposed graph offers sufficient and necessary conditions for fault-free enforcement and deadlock-free enforcement. Finally, a lock-free event set and a supervisor are designed for a system such that any possible fault or dead behaviour is prohibited in the controlled system.

Participation of the Prosecutor’s Office in the Consideration by Arbitration Courts of Cases Challenging acts of Prosecutorial Response: Problems of Law Enforcement

The article analyzes the problems of law enforcement practice in cases related to challenging acts of prosecutorial response. The author provides information on the indicators of the application of acts of prosecutorial response, indicating the importance of these legal means of the prosecutor’s office, as well as the facts of their recognition by the courts as illegal. Based on the analysis of the results of the consideration of cases of this category by arbitration courts, the main reasons for recognizing acts of prosecutorial response as illegal are given. The article considers the question of whether or not it is necessary in each case to make an act of prosecutorial response to carry out an inspection, and to make an appropriate decision about it. The problem of determining the presence or absence of the fact of interference by the prosecutor’s office in the administrative and economic activities of a legal entity as a basis for recognizing the relevant act of prosecutorial response as illegal is raised. The author comes to the conclusion that it is necessary to amend the federal legislation regulating the conduct of prosecutorial inspections, and also points out the relevance of clarifying a number of issues in the relevant resolution of the Plenum of the Supreme Court of the Russian Federation.

PENEGAKAN HUKUM LINGKUNGAN DI INDONESIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

The Constitution of the Republic of Indonesia mandates the right to a good and healthy living environment. However, in practice, with the large number of environmental cases still occurring today, this can of course be a criticism of the Government as the organ that is fully responsible for fulfilling these rights. The various environmental problems that occur, both damage and pollution, are not directly proportional to the law enforcement mechanisms implemented by the Government. The birth of Law no. 32/2009 (PPLH Law) apparently has not been able to answer all the problems of environmental law enforcement in Indonesia. Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) has included criminal provisions in Chapter XV, which consists of 23 articles. These criminal provisions are much more complete and detailed when compared to the old Law Number 23 of 1997 concerning the Environment, but there are still many things that need to be addressed in the UUPPLH, therefore in this article we will describe the existing environmental law enforcement mechanisms. applies in Indonesia.

ЗНАЧЕНИЕ СУДЕБНОЙ ПРАКТИКИ ДЛЯ ФОРМИРОВАНИЯ У СЛУШАТЕЛЕЙ, ОБУЧАЮЩИХСЯ ПО ОСНОВНЫМ ПРОГРАММАМ ПЕРВОНАЧАЛЬНОЙ ПОДГОТОВКИ, ПРАВОПОНИМАНИЯ И ПРАВОПРИМЕНЕНИЯ

The relevance of the presented topic is currently determined by the problem of proper law enforce-ment, which is in direct connection with the problem of legal understanding, and therefore interpreta-tion, clarification of the true meaning and content of the rule of law, determination of the will of the legislator inherent in it. The process of interpretation also implies the need to establish the main pur-pose and social orientation of a legal norm, the socio-political environment of its adoption, the condi-tions under which interpretation takes place, and other legally significant circumstances. One of the main requirements for a legal norm is its certainty. How definite a legal norm is becomes clear only in the process of its practical application in a specific situation by a specially authorized state body, an official, including an employee of internal affairs bodies, a court and a judge. When determining research methods, it is necessary to take into account the specifics of the topic "The importance of judicial practice for the formation of students studying under the basic programs of initial training, law understanding and law enforcement", which leads to the conclusion that this category of employees of internal affairs bodies undergoing initial training does not have practical skills in law enforcement and law understanding, therefore it is inappropriate to survey them on these issues at the present time, but the possibility of using such research methods such as analysis, synthesis and some others.

Hague choice of court convention: current state of affairs and application issues

The article provides a scientific and practical analysis of international legal aspects relating to the issue of determining the exclusive jurisdiction of a dispute by means of a choice of court agreement, which is quite relevant, since the ratification of the relevant Convention, which was signed in 2014, took place during the martial law regime, which complicates the process of implementing the provisions of the Convention in the Ukrainian legal system. The author analyses the current Ukrainian legislation in the area of determining the jurisdiction of private law relations with a foreign element, in particular, proceedings in cases related to the jurisdiction determination procedure, and international documents in the area of choice of court agreements, such as the Laws of Ukraine «On International Private Law», «On Amendments to Certain Legislative Acts of Ukraine in connection with the Ratification of the Convention on Choice of Court Agreements», the Hague Convention on Choice of Court Agreements and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The author identifies certain problems of enforcement of the choice of court agreement in the judicial system of Ukraine and issues of procedural protection of the parties to the agreement. It is noted that currently there is no definition of an exclusive choice of court agreement in national legislation and there are problems in the enforcement of a Ukrainian court decision by other states where no agreement on legal assistance has been concluded. The difficulty of applying the Convention on Choice of Court Agreements in comparison with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been proven, which may lead to differences in the practice of use among the countries that are parties to the Convention. The author identifies the need to expand Article 4-1 of the Law of Ukraine «On Private International Law» and improve the implementation of disputes involving an exclusive choice of court agreement. The author emphasises the need to resolve problematic issues, as this will positively affect the international legal image of the state and prepare further legislative changes for more effective synthesis of the legal systems of Ukraine and the EU member states.

ANALYSIS OF RESOLVING EFFICIENT DOMINATING SET AND ITS APPLICATION SCHEME IN SOLVING ETLE PROBLEMS

This research focuses on the analysis of Resolving Efficient Dominating Set (REDS) and its application in solving Electronic Traffic Law Enforcement (ETLE) problems using the Spatial Temporal Graph Neural Network (STGNN). Resolving Efficient Dominating Set (REDS) is a concept in graph theory that studies a set of points in a graph that efficiently monitors other points. It involves ensuring that each point v ∈ V (G) - D is dominated by exactly one point in D, with no adjacent points in D, and the representation of point v ∈ V (G) concerning D is not the same, which is termed as a resolving efficient dominating set. In the context of Electronic Traffic Law Enforcement (ETLE), the analysis of REDS has a significant impact. The theorem resulting from the analysis of REDS enables the determination of the number of traffic violation sensors required. Furthermore, by taking simulation data from road points, violation forecasting can be performed. The accurate predictions from this forecasting can assist authorities in anticipating and addressing traffic violation issues more effectively.

Problems of Enforcement of Administrative Deportation Orders in the Context of Implementation of Functions of Internal Affairs Bodies

Problems of Enforcement of Administrative Deportation Orders in the Context of Implementation of Functions of Internal Affairs Bodies

Building a Responsive Legal System Through Reforming the Indonesian Constitution

Legal politics or what is known as policy direction is important in order to provide direction on the form and material of law. However, in a study that examines the problems of law enforcement, in Indonesia, which was studied from a legal sociology perspective, it was stated that developments in the world today often give rise to various problems, whether in the form of violations of norms that exist in social life or rules that have a tendency to create a phenomenon that is contrary to moral and ethical rules as well as legal rules. This paper aims to find out the facts and legal political realities that occur on post-reform legislation in forming responsive laws. Using a normative writing method. The direction of legal politics in post-reform Indonesia is the desire to form a responsive legal system, this can be implicitly seen in several changes to the constitution. Change towards responsive law is not something instant and easy, there must be a commitment from the state and the people together to realize the ideal of this system. Although the current implementation of law still experiences many errors here and there, at least the existing legal products have led to laws that responsive, what is needed now are leadership figures who are able to bring Indonesia to the implementation of responsive laws that are in accordance with what was previously expected in order to achieve prosperity for the people.

Law Enforcement against Copyright Infringement for Unauthorized Use/Sale of Other People's Fan Art on the Internet under Law Number 28 of 2014 Concerning Copyright

The problem of copyright infringement and law enforcement against the use/sale of fan art without permission on the internet based on Law Number 28 of 2014 is the focus of research on the Director General of IPR Kemenkumham Lampung Regional Office. Normative juridical and empirical juridical methodologies are the methods used in this research. The results showed that the factors of copyright infringement on the use/sale of fan art of others without permission on the internet are the lack of knowledge and understanding of the public to copyright protection, seeking personal gain for commercial purposes, and law enforcement in copyright is still weak. Act No. 28 Year 2014 regulates the offense of complaint against copyright in the form of verbal reprimand through the mass media without a lawsuit for compensation. The author suggests the government, together with IPR institutions, socialize with the public about the importance of copyright, infringement, and its impact and can report if there is a violation with strong evidence.

Наложение ареста на имущество в уголовном судопроизводстве: эволюция продолжается

The authors addressed the issue of the development of the seizure of property in criminal proceedings. Based on the prescriptions of regulatory legal acts, publications on the topic, draft laws and their own vision, a commentary on a number of law enforcement problems is proposed.

What Should the US Learn From New York's and Portugal's Approaches to the Opioid Crisis?

Between 1999 and 2020, more than 564 000 people in the United States died from opioid overdose. Domestically, the opioid epidemic tends to be approached not as a public health problem but as a law enforcement or judicial problem. Some US localities, however, are trying interventions modeled after international approaches that decriminalize opioid dependence. This article describes Portuguese approaches to persons with opioid use disorder.

Administrative Prejudicial Effect as a Way of Criminalization using Criminal Liability for Violation of Traffic Rules as a Case Study (Article 264.2 of the Criminal Code of the Russian Federation)

The logical consequence of recognizing administrative prejudicial effect as a form of criminalization is the need, when deciding on the validity of criminalizing repeated acts that initially entail administrative responsibility, to establish the existence of a basis for criminalization, which is considered to be the necessary degree of public danger. The author conducts an analysis of empirical data for 2013–2022 characterizing administrative offenses related to exceeding the established speed limit over 40 km per hour, as well as entering the lane intended for oncoming traffic. This makes it possible to assert at least the absence of an increase in the degree of public harm to the level of public danger (due to the consistent systematic reduction of a number of indicators of punishability, as well as the absence of an increase in injuries and deaths as a result of violations of these traffic rules for the entire analyzed period). Recognizing the absence as such of objective prerequisites for criminal law interference in the sphere of administrative law regulating the analyzed legal relations, it is worth recommending that the legislator pay close attention to the possibilities available within the framework of administrative legislation (including the prospect of establishing appropriate types and sizes of punishment to a greater extent), and the law enforcement officer — to the issues of the enforceability of punishment in the form of a fine. In order to take effective measures against the most serious offenders, it would be more correct to establish a differentiated scale of punishability depending on the fact of repetition of an administrative offense. This approach will make it possible to avoid the conceptual and law enforcement problems of «transferring» responsibility for a recurring offense to the criminal law.

Уголовно-правовая охрана обработки персональных данных в сфере спорта: постановка вопроса

The author raises the question of the prevalence of violations committed during the illegal processing of personal data in the field of sports. Among the reasons for problems of law enforcement is the uncertainty and incompleteness of the provisions of Art. 13.11 The Code of Administrative Offenses of the Russian Federation, along with the gaps in the Criminal Code of the Russian Federation, in terms of strengthening the counteraction to illegal manifestations through the consistent criminalization of violations of the legislation of the Russian Federation in the field of personal data, administrative liability for the commission of which is provided for by Part. 1, 2 tbsp. 13.11 Code of Administrative Offenses of the Russian Federation.