Law Enforcement Institutions Research Articles

FINANCIAL CRIMES IN THE FISCAL SPHERE AS A THREAT TO THE ECONOMIC SECURITY OF UKRAINE

Introduction. Such criminogenic phenomena as shadowing and monopolization of the economy, legalization (laundering) of criminally obtained property are intensifying today in Ukraine. Recent changes in legislation and prospects for reforming fiscal and law enforcement institutions require a permanent study of the state of prevention, detection and investigation of financial crimes in the fiscal sphere. In this context, an important task is to create a single institution with appropriate functions, rights and powers. The purpose of the article is to identify real and possible risks for the formation of effective optimal directions for ensuring the economic security of Ukraine based on the analysis of the peculiarities of the processes of prevention, detection, termination, investigation and detection of financial crimes in the fiscal sphere. Methods. A number of general and special research methods were used in the study of the prevention, detection and investigation of financial crimes in the fiscal sphere, in particular: analysis, synthesis, induction, deduction, abstract-logical method and generalization method. Results. The necessity of creating a single institution for the prevention, detection and investigation of financial crimes, including in the fiscal sphere, is substantiated. Based on government statistics, the eight most popular tax avoidance schemes in Ukraine have been identified, leading to total budget losses. The structure of predicate crimes in court convictions in recent years is analyzed, and the main types of predicate crimes in the fiscal sphere are outlined. It is proved that in Ukrainian practice the number of criminal proceedings for tax evasion, brought to sentencing and prosecution decreases sharply, which indicates: the actual impunity for committing crimes in the fiscal sphere; inaction or excess of authority, improper investigation by the persons investigating these crimes, the presence of a corruption component in the pre-trial investigation; incompetence of investigators (detectives) investigating crimes in the fiscal sphere, as well as insufficient level of knowledge in the fiscal sphere of prosecutors as procedural managers. This made it possible to argue the feasibility of creating an economic security bureau. Based on the analysis of the dispositions of the articles of the Special Part of the Criminal Code of Ukraine, twelve articles have been identified that should be classified as tax crimes. Perspectives. Further research should focus on finding the best approach to addressing the issue of financial crime in the fiscal sphere, as well as to ensure the appropriate level of economic security in Ukraine.

Роль добровольных народных дружин Башкирии в противодействии росту правонарушений в 1960 – первой половине 1980-х гг.

Introduction. In the 1960s – mid-1980s, in the face of an increase in crime, the state transferred some law enforcement and domestic security functions to the public. Activities of public organizations — voluntary people’s guards (Russ. DND) — contributed to countering the growth of crime and delinquency in the country. Despite the availability of scientific papers dealing with activities of the DND in the indicated years nationwide, the regional aspect of the issue remains understudied. DNDs were further developed in the post-Soviet period, which confirms their efficiency and significance. Goals. The paper seeks to analyze activities of voluntary people’s guards in the 1960s – mid1980s. For this, a number of objectives be tackled, such as to consider the dynamics of their development, analyze forms of countering the growth of offenses in Bashkiria in the indicated years, state policy towards this public organization. Materials. The article primarily investigates materials and documents deposited in the National Archive of Bashkortostan which contains valuable information thereto, including about the system of measures aimed at combating the growth of offenses. Methods. The work employs the historical-genetic method which made it possible to examine the dynamics of development and structural changes in the DND. The analysis of archival documents and materials involves the principles of objectivity and historicism, and that of scientificity, which proves instrumental in exploring the topic in certain historical backgrounds. Results. The period under consideration witnessed the creation of a network of voluntary people’s guards as an auxiliary organization designed to combat the growth of crime and delinquency in Bashkiria. The squads were controlled by authorities and grew to become a powerful law enforcement institution. Moreover, those facilitated further legal education of Soviet citizens. DNDs and order control agencies did prove efficient in reducing the level of offenses. The paper concludes the involvement of ordinary citizens in law and order protection activities was determined by the then increasing criminalization of society and flaws in the order and safety system. Party and state bodies were thus forced to initiate and support the movement.

From Crime Control Model to Due Process Model: A Critical Study of Wiretapping Arrangement by the Corruption Eradication Commission of Indonesia

This study compares three formal criminal laws on the corruption act to show the importance of due process model for wiretapping/lawful interception in Indonesia. Investigators of Indonesian Corruption Eradication Commission (KPK) assume that the implementation of wiretapping based on the due process model decelerate the performance and independence of corruption eradication. The problem particularly happens on the execution of caught in the act operation. This study covers the design of wiretapping on corruption case linked with the due process model as an effort to guarantee the right of privacy. Firstly, legislators accentuated an effective corruption eradication, which highlights the implementation of the crime control model. Secondly, the latest amendment to the Law on Corruption Eradication Commission of Indonesia alters wiretapping to become a procedural activity for stronger synergy among the law enforcement institutions. The regulation of wiretapping as a method to reveal corruption case in Indonesia does not adhere to the due process model entirely. The wiretapping still tends to deal with stages of preliminary-investigation, investigation, prosecution, and the execution of internal approval process.

PENAL MEDIATION AS AN ALTERNATIVE RESOLUTION IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM (A DIGNIFIED JUSTICE JURISPRUDENCE)

Restorative justice perspective in this paper sees a penal mediation as a non-penal means within the Law. This institution has been utilised as an alternative in the Indonesian Criminal Justice System to deliver dignified justice in criminal cases. Although this model appeared as vague, since stipulated only between the lines in the Indonesia Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), the concept of restorativejustice has been existing in the Indonesian Volksgeist (the Spirit of the Indonesian, i.e. Pancasila) from the begining of time. This author would argue bellow that penal mediation has been used to mitigate penal cases by law enforcement institutions in order to achieve dignified justice in the concept of restorative justice, to serve human as human beings recognised by the Law in the Pancasila Legal System. The police may use penal mediation basing upon their discretionary power and the public prosecutors may also use their own prerogative power or the what so called prosecutors power of opportunity in place of the due process and make creative innovations, beginign from misdemeanor or complaint offenses. Even Indonesian judges have broad discretionary authority to use penal mediation in solving criminal cases so that the dignified justice, can be obtained, particularly by victims de lege lata.

Regression, Progression and Renewal: The Continuous Redevelopment of Expertise in Police Use of Force Coaching

Professionalism in law enforcement requires the identification and development of expertise of police use of force (PUOF) coaches. Effective PUOF training includes the transfer from the training into the real-world environment of policing. This difference between working in the field and working as a PUOF coach has not been thoroughly investigated. However, research in other professional domains has shown that practical competence in the subject matter itself does not make a coach effective or successful. With this article, we conceptualize expert practice in PUOF instruction on the basis of a conflict management training setting in the security domain. First, by discussing a model of “territories of expertise”, we point out the dynamic and contextual character of expertise within the PUOF domain. Second, by conceptualizing expertise as a process and effect of communication, we provide a framework that describes and examines the interdependency between performance-based and reputation-based expertise. These considerations present two practical challenges, which we recommend professional law enforcement institutions to engage. We close by providing practical orientations and pointers for addressing these issues.

Petition for a Comprehensive Law against Gender-Based Violence in Cuba

Petition for a Comprehensive Law against Gender-Based Violence in Cuba

Domestic Violence: The Situation Assessment of Crimes Victims with Disabilities

The aim of this article is to reveal situation and level of the victimization of persons with disabilities in Lithuania, also to present the victimology characteristics of victims with disabilities and to formulate proposals, recommendations for the development of help and support system. The article presents an analysis of victims’ statistics, still very fragmental data on the violent victimization of victims with disabilities, its prevalence, and dynamics for 2013–2019 years. The victimological discourse presents and analyses the victimization of victims, their risk and the likelihood of becoming victims. The emphasis is put on the situation of women with disabilities, which requires a review of the scope, specialization, and accessibility of services provided to victims. The research shows that the current practice of law enforcement institutions does not focus on the assessment of the situation of victims with disabilities, they remain unidentified, and so the latency of their victimization processes is extremely high. This is evidenced by the comparison of statistical data with international victimological research. Thus, there is an emphasis on the extremely high vulnerability of victims with disabilities, which should lead to more attention for this category of victims by identifying them, investigating and ensuring their protection, providing quality services and support.

Problematics Independence of Witness as a Law Enforcement Institution

The position of the Prosecutor's Office which is institutionally under the executive power but carrying out the duties and functions that are part of the judicial authority clearly raises a problem of its own in the world of law enforcement. The prosecutor's office as a law enforcement officer in the prosecution field is required to be fair and objective and independent in faithfully carrying out his duties and authorities, but placing the prosecutor's position as a government institution under the executive very vulnerable from power intervention. This condition is very dilemmatic to support the attorney's performance in carrying out his functions and authority.

A Changing and Multi-scalar EU Borderscape: The Expansion of Asylum and the Normalisation of the Deportation of EU and EFTA Citizens

The sorting of individuals is one critical function performed by migration law. These legal regulations are based on dichotomies, such as separating irregular migrants from regular migrants. However, through the multi-scalar management of human mobility, the conflicting coexistence of national and supranational interests decentres these legal binaries. Therefore, migration law devices sort newcomers in a more complex way, giving shape to multilayered and unstable hierarchies of otherness. Using Spain as a case study on migration control changes, this paper addresses the role that migration law enforcement institutions play in cementing and eroding these legal categories. First, it analyses the consequences of the so-called ‘migration crisis’ in enlarging a European asylum system that, until recently, seemingly rests on few countries. Second, it examines the increasing normalisation of the forced return of European Union (EU) (and European Free Trade Association [EFTA]) nationals, which undermine a critical prerogative of the EU citizenship status.

EXPLOSIVE ORDNANCE DISPOSAL TECHNICIANS OF THE RESCUE BOARD CONFUSED WITH THE RIGHT TO APPLY DIRECT COERCION AND TO USE MEASURES

Background: According to the current Estonian Law Enforcement Act (hereinafter LEA), only competent law enforcement institutions may apply measures of state supervision. Law enforcement institution’s supervision duties are stated in different special acts of law. According to LEA, physical force, special means or a weapon can be used (there-fore direct coercion may be applied) by the police as a general law enforcement institution. The special means that are allowed are handcuffs, shackles, binding means, service animal, technical barrier, means to force a vehicle to stop, water cannon etc. Police service weapons are a firearm, a gas, a pneumatic, a cut-and-thrust and an electric shock weapon. Other law enforcement institutions may apply direct coercion only if allowed in special laws. According to the Rescue Act (hereinafter RA), Rescue Board’s explosive ordnance disposal (hereinafter EOD) technicians may apply direct coercion. However, from amongst the means of direct coercion, EOD technicians may only use handcuffs. Using a firearm is allowed only when performing self-defence. Aim: The aim of the study is to analyse the exhaustive regulation of EOD technician’s tasks and allowed means of direct coercion in the RA. In addition to that, the training programme is looked into to determine whether it is suffi-cient for achieving the desired knowledge and skills. Method: Legal provisions are studied to determine the content of the EOD technicians’ supervisory tasks, al-lowed special measures and the means of direct coercion (comparative analysis of legal provisions). To find out the real needs to apply measures and means of direct coercion, EOD commanders of the Western region were interviewed (questionnaire). Thirdly, EOD technicians’ curricula are analysed to give an overview of the sufficiency of their training (document review). Results: The analysis reveals that all EOD technicians’ supervisory tasks have not been legally regulated. The number of state supervision measures and means of direct coercion is not sufficient to fulfil the tasks stated by the legislator. The curricula do not provide sufficient training for the application of the means of direct coercion.Conclusions: EOD technicians’ supervisory tasks need to be specified in the RA; at the moment, most of them have been regulated only in the statute. The RA must be added the right to conduct security check and examine persons and the list of allowed means of direct coercion must be more versatile (e.g. to add the right to use a gas weapon, hand-cuffs and means to force a vehicle to stop). If EOD technicians are entitled to more rights, curricula must be amended by adding the training for applying the means of direct coercion, incl. the time needed for the practice of the application of physical force must be increased.

The (il)legal limitation of women’s recruitment into Brazilian military police forces

ABSTRACT The underrepresentation of women in law enforcement institutions is a global pattern. However, increasing awareness of gender inequality is stimulating the implementation of affirmative action policies to encourage women into policing, especially in developed countries. Despite this, Brazil is moving in the opposite direction. This study investigates the latest military police recruitment programmes of all Brazilian states, as well as the laws that regulate these processes. This research shows that 74% of the latest recruitment programmes explicitly restricted the selection of female officers to a maximum threshold. Therefore, instead of promoting diversity, recruitment has imposed barriers to female integration, widening the gender gap in police forces. Moreover, this unjustifiable limitation violates the rights to equality and non-discrimination, protected not only in the Brazilian Federal Constitution of 1988 but also in several international conventions ratified by Brazil.

Situating global counterinsurgency

After World War II, in order to reduce the probability of nuclear and massive conventional war, the U.S. provided police training to allies in order to reify their aspirations for liberal self-determination while addressing political stability. As a tool of global counterinsurgency, police training helped accomplish those goals in part but also caused unanticipated problems. Too often, police oppressed those whom they were supposed to protect. Shortly after, some of the philosophy and tactics of counterinsurgency-through-policing migrated into U.S. law enforcement institutions. But despite this migration, U.S. law enforcement efforts cannot be reduced to counterinsurgency surreptitiously foisted upon vulnerable U.S. citizens. Citizens and elected politicians exert substantial influence over law enforcement institutions

PRACTICE AND PERSPECTIVES OF IMPLEMENTATION OF LAW STUDY COURSES IN FACULTIES OF LAW IN UNIVERSITIES OF APPLIED SCIENCES

The dynamism of social processes, the continuous development of elements of the legal system, including innovations within the legal framework, the ongoing reform of law enforcement institutions and bodies, diversity of national and international legal practices, transformation of legal culture forms, including its deformations, define the need for developing of qualitative law study programmes (Bachelor, Master, PhD). Legal professionals need regularly to improve their legal knowledge and to ensure successive professional development. The qualitative implementation practice of study courses of law science and the prospects of their implementation are one of the key elements for the development of a democratic, legal and socially responsible state. Research aim: to identify the current practice of implementation of law science curricula and of study courses by modelling their potential development trends according to perspective social-economic development of society. Research methods: research of legal sources and literature, the Internet resources, modelling approach.

THE EVALUATION OF INTERNAL CONTROL ELEMENTS IN THE QUALITY MANAGEMENT SYSTEM OF EDUCATION ESTABLISHMENTS AT LAW ENFORCEMENT INSTITUTIONS

Under the conditions of a growing competition in the field of educational services and the increasing demands of the labor market for well-educated and highly qualified workforce, the quality of professional efficiency assumes a particular significance. Taking into consideration the present situation concerning the security of the EU borders and problems created by the migration as well as the challenges they pose, the quality management systems and their effectiveness are vital also for educational institutions training specialists for the needs of the departments of the Ministry of the Interior. The research is aimed at establishing the most effective principles for working out the quality management system of vocational training in regard to one of the basic elements of the quality system: the resource of internal quality in an educational institution. The paper reflects and provides the analysis of the research process and outcomes that have been obtained from the interviews conducted among twenty Baltic State experts in the field of professional training of border guards and police employees, and by evaluating the resources and elements of quality management system according to the criterion “Impact on the study process quality”. The obtained research and empirical data provide scientifically valid frame for the actions of education establishments of law enforcement institutions on defining the principles at working out the quality management system.

ОСОБЛИВОСТІ ПРОФЕСІЙНОЇ ПІДГОТОВКИ ІНСПЕКТОРІВ ПРИКОРДОННОЇ СЛУЖБИ В УМОВАХ ЄВРОІНТЕГРАЦІЇ

У статті висвітлено особливості професійної підготовки інспекторів прикордонної служби в умовах євроінтеграції. З’ясовано, що основним відомчим навчальним закладом підготовки інспекторів прикордонної служби є Головний центр підготовки особового складу Державної прикордонної служби України імені генерал-майора Ігоря Момота. Головний центр – це сучасний прикордонний багатопрофільний навчальний заклад, основними напрямами діяльності якого є підготовка, перепідготовка та підвищення кваліфікації особового складу. Для виконання завдань щодо підготовки персоналу в Головному центрі створено 5 центрів, які навчають фахівців за різними спеціальностями, та унікальну навчально-матеріальна базу, яка активно використовується для проведення міжнародних семінарів, тренінгів, курсів підвищення кваліфікації. Розкрито основні напрямки співпраці Головного центру з міжнародними інституціями, їх вплив на процес удосконалення професійної підготовки інспекторів прикордонної служби. Деталізовано деякі форми ефективної співпраці з європейськими правоохоронними навчальними закладами та міжнародними організаціями такими як: Міжнародна організація з міграції (МОМ), Організація з безпеки і співробітництва в Європі (ОБСЄ), Європейська Агенція з прикордонної та берегової охорони (FRONTEX), Європейська Комісія з надання допомоги в питаннях кордону в Україні та Республіці Молдова (EUBAM), Міністерство енергетики США, Державний департамент США. Особливу увагу авторка приділила висвітленню особливостей та ролі Головного центру у реалізації проекту “Нове обличчя кордону”. З’ясовано, що співпраця з міжнародними партнерами внесла корективи у програми підготовки інспекторів прикордонної служби. У сучасних навчальних програмах основна увага приділяється питанням здійснення прикордонного контролю, ідентифікації осіб та транспортних засобів, підготовці інспекторів прикордонної служби до професійної комунікації з особами під час процедури паспортного контролю, застосуванню методів профайлінгу, організації та здійснення провадження по адміністративним правопорушенням, іншомовній та психологічній підготовці, антикорупційному законодавству та дотриманню основоположних прав людини.

Game Theoretical Analysis of Corruption on the Road in Indonesia

This paper aims to analyze the empirical mechanism of the bribery and extortion on the roads in Indonesia. Using a game theoretical approach, the game is played by two representative agents, namely Police and Rider. The mechanism is modeled into two stage games. Stage 1 adopts the 2x2 simultaneous Tsebelis’ inspection game refined by Pradiptyo. Stage 2 illustrates two scenarios of sequential game. Stage 1 proposes that the benefit of enforcing the law gained by the police becomes rider’s important consideration to violate the traffic laws and rules while stage 2 proposes that the benefit of enforcing laws and rules is the important point to avoid bribery. Stage 2 also suggests that the law enforcement institutions may think carefully before increasing the severity of penalties and sanctions suffered by riders because it would increase the likelihood of police to extort the riders.
 Keywords: Bribery, Extortion, Game Theory, Inspection Game

The limits of laws: Traffic law enforcement in South Africa

The aim of many public policies is to change behaviour. Governments tend to rely on regulations, taxes and subsidies to effect such change. These measures, which affect agents' economic incentives, have a mixed record. A key insight of the New Institutional Economics is that the efficacy of such formal institutions depends on the strength of their enforcement and the extent to which they are compatible with prevailing informal institutions. This paper uses the road safety situation in South Africa as a case study to explore aspects of the relationships among formal institutions, law enforcement and informal institutions. South Africa has a strong suite of road safety laws but poor road safety outcomes. The paper argues that improved law enforcement cannot fully solve the problem; complementary changes to the informal institutions shaping the behaviour of road-users are essential. It points out that institutional economists have to take a greater interest in the insights of research in behavioural economics, behavioural and cognitive science and other disciplines in order to provide useful advice in settings where such change is an important policy objective.

Empowering Leadership and Occupational Burnout: A Moderated Mediation Model of Employee Optimism, Employee Hardiness and Job Crafting

Integration of social cognitive theory and hardiness theory, this study aimed to investigate the mediating mechanism of job crafting and the direct effect of empowering leadership that causes occupational burnout with the sample from law enforcement institutions. The authors also tested the moderating effect of employee optimism and employee hardiness between the linkage of job crafting and occupational burnout. To test the proposed hypothesis of this study, 192 participants from the law enforcement institution of Punjab, Pakistan participate in this study voluntarily. The findings of the study suggest that job crafting mediates the relationship between empowering leadership and occupational burnout. Furthermore, the authors found that employee optimism and hardiness moderate the relationship between empowering leadership and occupational burnout. The result of moderated mediation analysis revealed that the indirect effect of empowering leadership on occupational burnout was weakening when employee optimism and hardiness level was high. The findings of this study declared that empowering leadership has adverse consequences on employees’ physical and psychological health that decrease the well-being and employee optimism and hardiness reduce that stress level and enhance the intrinsic motivational level. Top management of law enforcement institutions must focus especially on the psychological health of employees and provide climate and psychological training that mitigates the harmful consequences of empowering leadership. Also, the authors through this study respond to the calls of prior researches as slight researches have studied the negative consequences of empowering leadership.

THE AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION IN THE PROSECUTION OF CORRUPTION IN INDONESIA

Corruption is a reality in Indonesia and has a significant impoverishment of wealth state, and damaging the public’s trust in the law. As an effort to eradicate corruption, the legislative inaugurated the Corruption Eradication Commission by the Law Number 30 of 2002. The presence of the Corruption Eradication Commission is motivated by the low public trust in law enforcement institutions, namely the Prosecutor and the Police in eradicating corruption. In eradicating corruption, the Corruption Eradication Commission has the authorities of preliminary investigation, full investigation and prosecution, whereas according to Law Number 8 of 1981 concerning Criminal Procedure Code (KUHAP), the authority of preliminary investigation and a full investigation is the authority of the National Police of the Republic of Indonesia, and prosecution is the authority of the Prosecutor of the Republic of Indonesia. Based on this condition, that authority of prosecution corruption case’s which the corruption is one of the criminal cases opens the gate to overlapping authority between the Police with Corruption Eradication Commission and the Prosecutor with Corruption Eradication Commission. Then, this paper discusses how the authority of the Corruption Eradication Commission in the prosecution of corruption, whether there is a possibility to overlapping authority between the Corruption Eradication Commission with the other law enforcement agencies by normative juridically that approaching with legal materials and arranged descriptively analytical. These paper findings also conclude with suggestions to strengthen the effort to eradicate corruption in Indonesia, it is necessary to make a system effectively to prevent overlapping between the Corruption Eradication Commission’s authority with the other law enforcement agencies, continuing collaboration between law enforcement agencies and increasing law enforcement professionalism.

PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG BARANG RAMPASAN NEGARA BERUPA KENDARAAN RODA DUA YANG DIEKSEKUSI DENGAN CARA LELANG OLEH KEJAKSAAN

Prosecutors as law enforcement institutions carry out execution of state loot in various ways, one of which is auctioned for the country. One of the loot state executed by the state attorney of Bandar Lampung by means of auction is a unit of vehicle twowheeled vehicles as contained in the quote treatise Number: 908/2016 issued by the State Wealth Service office and auction of Bandar Lampung. The results of this study showed: (1) The protection of the law against the auction winners of the state booty in the form of two-wheeled vehicles executed by way of auction by the attorney in quotation treatise number: 908/2016 can be realized by enforcing legislation or special policies in order to fulfill the right of auction winners to manage and possess vehicle ownership documents both STNK and BPKB. (2) The legal certainty of the winner of the state Booty auction in the form of a two-wheeled vehicle executed by way of auction by the Prosecutor has not materialized because the auction winner cannot take care of and have the vehicle ownership documents both in the form of STNK The winner of the auction in this case only accepts auction treatise quotes number: 908/2016 which serves as a buy and sell deed.