Law Enforcement Institutions Research Articles

The Image of Judges and Courts Perceived by Children

A view on law, legislation, law-enforcement institutions and officers formed in childhood may affect personal views and behavior in adulthood. Development of such an image is important aspect of legal socialization process as it may be crucial for law compliance, interaction with law enforcement officers and trust in legal system, etc. The present study was focused at filling the gap in the studies revealing perceived image of judges and courts formed in childhood. 110 boys and 112 girls, aged 7 – 10, participated in the study. To evaluate the image of judges and courts Draw-A-Judge-Test followed by semi-structured interview was used. The results revealed that 7–10-year-olds have a more or less realistic mental picture of judges and their working place. No gender or age differences were revealed comparing both: realism and character of judge image in drawings. Realism of the drawings was related to the source of information about courts and judges. The analysis of verbal responses showed that younger children possess more positive environmental image of a court, while older children have less positive social image of a judge.

To the problem of mechanisms for involving civil society institutions in the process of preventing corruption in Ukraine improvement

The article states that the systematic implementation of anti-corruption measures is axiomatically recognized as a key guarantee of the effectiveness of anti-corruption activity at all levels of its functioning and is a determining factor in the real reduction of the corruption component in the functioning of the state in a strategic sense. Achieving of systematic approach as an indicator of anti-corruption policy is based on a simultaneous constructive correction of all components of the national system that have a significant impact on the performance of anti-corruption processes. It is noted that due to the conducted generalization of the provisions of the legislation of Ukraine, the study of a considerable amount of scientific intelligence, that are related substantially to certain aspects of the problem identified as independent vectors of scientific search, the actual absence of homogeneity of the normative and theoretical and methodological constituent clusters corruption prevention measures has been revealed. It is practically confirmed that the effectiveness of implementation of measures to neutralize the corruption factor in the activities of the public apparatus is directly dependent on the degree of proactiveness of civil society institutions in the realm of implementation of anti-corruption initiatives, and therefore the need for a systematic researches of forms and methods of setting up the practical interaction of law enforcement institutions prevention of corruption is highly needed. Generalization of the scientific work of domestic law theorists has practically demonstrated the existing threatening tendency of anti-corruption activity identifacation as the exclusive prerogative of the state. In turn, the abstraction of social institutions from the implementation of measures corruption challenges neutralization in the modern socio-legal space indicates the lack of attention to this issue, which, correlating with the myriad deficiencies of national legislation, provides further exponential expansion of the corruption in all social spheres. Keywords: civil society, institute, prevention of corruption, offenses, implementation.

НОРМЫ И ПРАКТИКИ КОНТРОЛЯ НАД УГОЛОВНОЙ ПРЕСТУПНОСТЬЮ В СССР: ТЕНДЕНЦИИ «ОТТЕПЕЛИ»

State policy towards asocial conduct, including breach of law and crime, had been evolving through Soviet history. Until the mid-1950s, the main vector was repressive, with the isolation of people from the society. Repressive practices, including a harsh penal code, sometimes served as a reaction to a real aggravation of the crime situation, for instance, after World War Two. However, more often the authorities and law enforcement institutions acted out of inertia, lacking experience of other methods and believing in the preventive effect of harsh measures. Against this background, the experiments of the early “Thaw” are especially interesting: the creation of new norms and practices of social control corresponded to the changing format of relations between the state and society, on the one hand, and the marginal groups, on the other. The turn in criminal policy took place after 1953 despite the spike of criminal activities. Considerable part of cases became depoliticized; emphasis shifted to the analysis of social causes of crime; the policy of isolating socially marginal groups gave way to attempts to incorporate them into “main” society. New trends required corresponding normative base, which was actively developed in that period (the work on new penal codes). This article considers the problem of criminality in the context of changing norms and practices of social control during the Thaw. This study is methodologically synthetic; it allows to combine the historiographical tradition of research of crime in the USSR and the analysis of crime in contemporary criminology, deviantology, and sociology.

On the Question of Viacheslav Zaikin as a “Provocateur”

The article reexamines the question, previously raised in historical scholarship and journalism, of the possible role of Viacheslav Zaikin, a well-known historian and graduate of Kharkiv University, as a “provocateur” during World War I. In Ukrainian historiography, in contrast to Russian, the work of imperial law enforcement institutions with covert agents has been given little to no attention. The necessary sources are either lacking or unavailable. The purpose of this study was to try and compare the well-known accusations against Viacheslav Zaikin, made by his contemporaries, with gendarmerie documents, primarily agent reports, about the activities of Ukrainian youth organizations in which he may have been involved. This approach does not guarantee an accurate answer to the question. But at least it should enable one to take steps in that direction, namely: to determine whether or not Viacheslav Zaikin’s acting as a “provocateur” was possible at all (and thus to exclude the opposite); to ascertain the (im)possibility of his supplying intelligence to law enforcement by placing it into the context of the circumstances of his life and activities; to determine the correspondence of the contents of this intelligence to Viacheslav Zaikin’s status and connections in Ukrainian organizations, etc. The author’s research establishes that: a) the quality of information in the agent reports fits Viacheslav Zaikin’s capabilities and his place in the Ukrainian youth circles of Kharkiv; b) the fact that Viacheslav Zaikin himself does not figure in gendarmerie documents looks very suspicious; and c) no categorical conclusions can be made due to the insufficiency and inconsistency of the available evidence.

COUNTERACTION TO INVESTIGATION AND WAYS TO ITS OVERCOMING

The problem of counteraction to investigation has recently gained particular topicality. . This is due to the fact that the activities of organized criminality are gaining and larger range, an essential reason of which, in its turn, are the processes of the personnel corruptibility of the power structures and law enforcement institutions.The basis of the people’s lifestyle of the adherent to the criminal environment is to put obstacles in the way of law enforcement institutions in general; and during their lifetime, because of specific mentality, criminals always and willingly put into practice various forms and methods of counteractions. As investigative practice shows, counteraction to investigation may go on during the lifetime of the counteraction performer; it may begin also in the preparation phase of a crime, or may begin or continue during investigation, trial, and even during the time of serving sentence.The purpose of this study is to clarify the essence of the counteraction concept to investigation.As a result of the study and based on the theoretical knowledge, the most important conclusion has been drawn, namely: the counteraction to investigation is an action or inaction executed on premeditated purpose to hinder or even to stop the full, objective and comprehensive clarification of the offense circumstances by the investigating authorities and courts. In the course of the study, the problems were also identified, and the means and methods of overcoming the counteraction to investigation were offered.The prevention of counteraction to investigations, identification of its motives, forecasting of counteraction forms and methods of its implementation both – at the initial period of the investigation and during the implementation of investigation activities are a part of the necessary provisions for successful neutralization of counteraction, for unmasking of counteraction performers’ activities. It is also a compulsory provision for objective, detailed and complete clarifications of all circumstances of offence, providing in this way a fair punishment for guilty persons.The application of countermeasures requires an understanding of the methods and techniques used by law enforcement authorities in investigation of criminal networks. Insufficient prevention and overcoming of counteractions to investigations is one of the reasons of qualitative and quantitative aggravation of the performance parameters of law enforcement authorities.

The Efforts to Combat Organized Crime in Brazil

<p>En las últimas décadas el crimen organizado se ha convertido en un importante problema para la seguridad internacional. La delincuencia organizada representa una gran amenaza para la seguridad pública, a las instituciones democráticas y para la estabilidad económica. La lucha contra este fenómeno requiere la cooperación policial y judicial en materia de prevención, detección, investigación y sanción de los delitos cometidos por organizaciones criminales.</p><p>El artículo presenta y analiza algunos aspectos relevantes del crimen organizado en Brasil. Además, describe los factores que han influido en el desarrollo de la delincuencia organizada en este país. El artículo examina también las iniciativas tomadas por las autoridades brasileñas para combatir el crimen organizado.</p>

Report Calls for Public Health Approach to Addressing Mass Violence

Report Calls for Public Health Approach to Addressing Mass Violence

Measuring and Eliminating Corruption through Strengthening Legal Structures

Corruption has become a widespread reality in the life of people, such as bribery to misuse the wealth of country for personal and group interests. Even so, in the reality as occurs that much economic development is delayed due to corruption, collusion and nepotism for development projects both in central and regional governments. The research is a juridical-normative research by using statute, case, historical, comparative and conceptual approaches. The processing and analysis of legal materials was aimed to find pragmatic truth and/or coherence. The results show that restructuring of institutional must also be based on empirical needs. This empirical need is a consequence of the dynamics of development that occur in society along with various demands for ever increasing needs. With the emergence of a variety of new needs and the development of existing needs, organizational and institutional restructuring is needed to meet the demands of the era. Hence, it is recommended to strengthen the legal standing of the Public Prosecution institution as a law enforcement institution at the legislation levels so that the eradication of corruption can be optimized and realize good and clean governance. Keywords: Corruption; Legal Structure; Legal System; Public Prosecution DOI : 10.7176/JAAS/59-06 Publication date: December 31 st 2019

Eyes in the Skies: A Data-Driven Fusion Approach to Identifying Drug Crops From Remote Sensing Images

Automatic classification of sensitive content in remote sensing images, such as drug crop sites, is a promising task, as it can aid law-enforcement institutions in fighting illegal drug dealers worldwide, while, at the same time, it can help monitor legalized crops in countries that regulate them. However, existing art on detecting drug crops from remote sensing images is limited in some key factors, not taking full advantage of the available hyperspectral information for analysis. In this paper, departing from these methods, we propose a data-driven ensemble method to detect drug sites from remote sensing images. Our method comprises different convolutional neural network architectures applied to distinct image representations, which are able to represent complementary characterizations of such crops. To validate the proposed approach, we considered in our experiments a dataset containing Cannabis Sativa crops, spotted by police operations in a Brazilian region called the Marijuana Polygon . The results in this dataset show that our ensemble approach outperforms other data-driven and feature-engineering methods in a real-world experimental setup, in which unbalanced samples are present and acquisitions from different places in the same region are used for training and testing the methods, highlighting the promising use of this solution to aid police operations in detecting and collecting evidence of such sensitive content properly.

SYSTEM OF PREPARATION OF FUTURE FRONTIER GUARDS FOR PROFESSIONAL INTERACTION

The article is devoted to the problem of readiness of future specialist for professional interaction. The focus that the interaction is both a process and a result. The main methodological approaches to the problem of professional interaction are listed: synergetic, axiological, competent, active, etc. There was analyzed the level of urgency of the problem of the ability of a specialist frontier guard to professional interaction. Due to the analysis of scientific psychology and pedagogical, philosophical literature it was proved that the phenomenon of professional interaction has not been investigated in the field of higher military education.
 Due to the analysis of the scientific works of specialists of border authority and the use of the system approach, there was built a system of preparation of future frontier guards for professional interaction. There was presented and disclosed the content of the main elements of such system (pedagogical conditions, subjects and objects, etc.). There were characterized the vertical and horizontal structures of the abovementioned system. The important characteristics of the system of preparation of frontier guards for professional interaction are listed: control and passing of vehicles and persons; engineering and technical equipment of the border, organization and performance of border control; cessation of illegal movement of vehicles and persons across the state border; coherence of the activity with military units and law enforcement institutions concerning border protection; performance of operational and intelligence activities; implementation of information-analytical and prospecting-investigative procedures for ensuring the integrity of state borders; participation in counteraction of criminal formations of various kinds.
 Key words: Interaction, system, complex, elements, professional cooperation, professional preparation, future frontier guards, State Border Service, border authority, control and protection of the border.

Goal 16 of Agenda 2030 -Peace, Justice and Strong Institutions: A Case Study of Sri Lanka

The world community restated its commitment to sustainable development by advocating the 2030 Sustainable Development Agenda and its 17 Sustainable Development Goals (SDGs) at the United Nations Sustainable Development Summit on 25th September 2015. This agenda is an action plan for people, the planet and prosperity. Therefore, this paper deals with 2030 agenda sustainable development goal 16 as a necessary support for achieving peace, justice and building strong institutions in Sri Lanka. The aim of the study is to provide a comprehensive and detailed understanding of Sri Lanka’s the current status and progress of Sri Lanka in relation to the SDGs goal 16 of Agenda 2030. The research problem will therefore seek to identify the unexplored challenges that need to be addressed in order to improve the implementation in goal 16 of the 2030 Agenda. This study will also discuss initiatives to achieve the goal 16 of SDGs in implementing the 2030 agenda. To ensure optimal reflection and evaluation, this paper uses a mixture of qualitative and quantitative data collection for analytical methods. Hence this paper argues that, it is essential to strengthen law enforcement institutions and appropriate monitoring mechanisms to ensure peace and justice in Sri Lanka.

DIREKTORAT JENDERAL PAJAK SEBAGAI PENEGAK HUKUM TRANSFORMATIF DI INDONESIA

Directorate General of Taxes (DGT) is a government institution that half of the authority is judicative because the DGT is able to collect revenue by using enforcement to taxpayers. The DGT has judicative characteristic so that the DGT must be abreast with the other law enforcement institution in Indonesia law system. In this case, the writer used the term of Transformative Law Enforcement (TLE). Act number 9/2017 gives new duty and power for the DGT so that it strengthen DGT position as a TLE. This research focuses on DGT role as a TLE until the existence of the DGT can be recognized in public law system and is purposed for the DGT to have specific law that manage the DGT. This research use normative judicatory approach method and qualitative descriptive with secondary data. The conclusion is that Act number 9/2017 gives new duty and power for the DGT as TLE to have unimpeded access of financial information from financial service institution and another entity in order to increase taxpayer compliance eventhough it might cause conflict of interest with Bank Indonesia as the central bank and the highest authority of all banks in Indonesia.

Management of Legal Processes: Statement of the problem

Introduction. The article considers the category of management from the standpoint of history, theory and philosophy. The law and the processes of its implementation in practice have been chosen as the social context within which the importance and potential of management has been studied.Materials and methods. The article actively uses both contributions of natural science and papers written for the purpose of understanding the humani-tarian knowledge. The methodological basis of the article includes the universal method of cognizability of the world, such logical methods as induction and deduction, the achievements of comparative jurisprudence, the method of text interpretation (mainly judicial decisions and regulations).The results of the study. The paper tries to answer the questions what management is in principle, what are the possible and acceptable forms of its manifestation in jurisprudence. The meanings in which management is used in the natural and human sciences are compared. A distinction is made between the concepts of “management of legal processes” and “public administration”.Law enforcement processes are much rationalized, and law has maintenance of order as its highest goal. The absence of reference to management in the procedural legislation serves as an indirect but sure sign that governance in law does not exist in the form in which it is represented in the natural sciences.Discussions and conclusions. Subject to the above it was concluded that management in law is manifested and realized in a peculiar way. It is implemented in legal processes through decentralized principles, i.e. by the participants themselves on a parity and consensual basis. The role of guides is played by symbolic means - the principles of law and the values protected by it. The role of doers is played by instrumental means - law enforcement agencies and institutions. The role of organizes is exercised by the subjects of law (individual, society and the state), and the function of consumers is realized by the subjects of specific legal relations.

On The Influence of The Human Factor in the Activities of Law Enforcement Institutions in Ukraine

In this scientific work, the authors consider issues related to the study of ways of building a civilized society and the state on the territory of Ukrainian lands and participation in this process of law enforcement agencies, in particular law enforcement and law enforcement agencies of the state. Accordingly, the article deals with aspects of how and in what ways law enforcement institutions, including law enforcement agencies, as legal entities, are taken up in the development of a civilized state in Ukraine, and what productive role in this process is given to the human factor. Therefore, issues affecting the range of law-enforcement institutions and law-enforcement bodies, as state formations, their legal status, as well as the legal status of employees of these formations, which, as individuals, in accordance with the procedure established by law, with the observance of the established requirements become a civil servant. When appointing to a regular post in law-enforcement formations, individuals as civil servants receive the legal status of an official or official of these institutions. The issues outlined are essential and important in the organization and functioning of state law enforcement institutions in the implementation of law enforcement activities in order to carry out tasks and perform functions in the life of society and the state.

Law Enforcement under Incomplete Law: Theory and Evidence from Financial Market Regulation

This paper studies the design of law-making and law enforcement institutions based on the premise that law is inherently incomplete. Under incomplete law, law enforcement by courts may suffer from deterrence failure, defined as the socialwelfare loss that results from the regime's inability to deter harmful actions. As a potential remedy a regulatory regime is introduced. The major functional difference between courts and regulators is that courts enforce law reactively, that is only once others have initiated law enforcement procedures, while regulators enforce law proactively, i.e. on their own initiative. Proactive law enforcement may be superior in preventing harm. However, it incurs high costs and may err in stopping potentially beneficial activities. We study optimal regime selection between a court and a regulatory regime and present evidence from the history of financial market regulation.

Incomplete Law - A Conceptual and Analytical Framework and its Application to the Evolution of Financial Market Regulation

This paper develops a conceptual framework for the analysis of legal institutions. It argues that law is inherently incomplete and that the incompleteness of law has a profound impact on the design of lawmaking and law enforcement institutions. When law is incomplete, residual lawmaking powers must be allocated; and enforcement agents have to be vested with law enforcement powers. The optimal allocation of lawmaking and law enforcement powers under incomplete law is analyzed with a focus on the legislature, regulators and courts as possible lawmakers, and courts as well as regulators as possible law enforcers. The timing and process of lawmaking and law enforcement differs across these agents. Legislatures are ex ante, courts are ex post lawmakers, regulators have combine ex ante and ex post lawmaking functions. Courts are reactive law enforcers, while regulators are proactive law enforcers in that - unlike courts - they can initiate enforcement procedures. We argue that the optimal allocation of residual lawmaking and law enforcement powers is determined by the degree and nature of incompleteness of law, the ability to standardize actions that may result in harm, and the magnitude of harm and externalities expected from such actions. Under highly incomplete law, regulators are superior to courts when actions can be standardized and, if allowed to proceed, may create substantial externalities. Otherwise courts are optimal holders of lawmaking and law enforcement powers. We apply this analytical framework to the development of financial market regulation in England since the mid 19th century, with comparative reference to developments in the United States and Germany. The comparative evidence suggests that financial market regulators with both residual lawmaking and proactive law enforcement powers emerged in all three jurisdictions in response to ineffective judicial law enforcement of highly incomplete law.

FORMATION OF VALUES IN ACTIVITIES OF THE FUTURE LAWYERS AND LAW ENFORCEMENT OFFICERS: HOW TO LEARN ETHICS WHILE STUDYING

This article presents the relevance of values and steps for the formation of ethical principles for the future legal profession. The aim is focused on analysis of formation process of values for a lawyer and police by analyzing law and police study programs. The assessment scale of the public confidence in different law enforcement institutions (courts, the prosecutor's office, police, lawyers) shows that the society is watchful, indifferent and active evaluating the quality of law enforcement institutions as well as behavior of the officials. It means conceptual and consistent formation of values would ensure the efficiency of practical ethical model. Nine law and police study programs of higher schools in Lithuanian and four codes of professional ethics of law enforcement institutions were examined during the research. Also four lecturers were interviewed. The results of the research showed that in Lithuania the provisions of ethics are not taught in all higher schools preparing future lawyers and police officers. The provisions of professional ethics in different areas of lawyer's and police activities are clearly defined in codes of professional ethics as well as in recommendations applying these ethical provisions. However the pragmatic application of ethical provisions would be strengthened studying particular disciplines.

Working Paper 29: Recovering assets in support of the SDGs

This Working Paper aims to contribute to the international policy dialogue on the link between asset recovery and countries’ pursuit of the Sustainable Development Goals.
 It contends that supporting countries in recovering stolen assets and promoting sustainable development are mutually reinforcing. It also aims to correct the false reputation of asset recovery as a very technical legalistic field of development cooperation, and to generate broader understanding of the far-reaching role that asset recovery can play to foster development.
 The paper argues that helping countries recover stolen assets, anchored in target 16.4 of the SDGs, can mobilise important resources to finance development or poverty reduction efforts. 
 In addition, it explores how asset recovery plays a critical role in strengthening some of the key foundations of sustainable development, such as the rule of law and strong, transparent and accountable institutions. 
 Combining “hard assets” in terms of actual assets recovered and the “soft assets” that are needed to do so effectively, ranging from the capacity of law enforcement institutions to the political will to fight criminal networks, provides a powerful foundation for sustainable development.

Ethics of the Prosecutor’s Profession Related to Legal Fact Engineering in Indonesia

The prosecutor as an institution conducting the task of prosecution and execution of court decision is expected to uphold its ethics as law enforcement profession. One of the prohibitions for prosecutors is the legal facts that have been regulated in the prosecutor's own regulation as set forth in the code of conduct of the prosecutor. Therefore, the prosecutors must obey the law corridor and obey the law. According to Chaeruddin Ismail, as a whole requires that every law enforcement institution really must have the values of integrity (integrity), fairness, respect for the constitution and governmental authority, honesty, courage ) and compassion so that every law enforcer can be wise and wise in responding to every different situation and condition. The prosecutor has 2 doors of supervision, externally and internally, and a clear procedure in enforcing the code of conduct of the prosecutor itself.

Kontribusi Mahasiswa Dalam Upaya Pencegahan Korupsi

Abstract
 Basically, corruption has a bad impact on the whole joints of human life. Corruption is one of the major causal factors of justice and prosperity of a nation. Corruption also adversely affects the economic system, democracy system, political system, legal system, governmental system, and societal order. No less important corruption can also degrade a nation in international governance. Therefore, we should put corruption as a common enemy that we have to fight together because of its extraordinary nature, then to combat or eradicate corruption is needed extraordinary effort anyway. The effort to eradicate corruption is not at all an easy job. The eradicating corruption effort can not only be the responsibility of law enforcement institutions or government only, but also a responsibility with all the components of the nation. Therefore, the efforts to eradicate corruption should involve all stakeholders that are related, namely government, private and community. It is in this context that students, as one of the important parts of the community, are expected to be active. earnestly. The important contribution of students in the prevention of corruption can not be released from the characteristics they possess, namely: intellectuality, Young Soul, and idealism. Student involvement in the anti-corruption movement can essentially be differentiated into four regions, namely: in the family environment, in the campus environment, in the local community, and at the regional or national level.