Law Enforcement Legislation Research Articles

LEGAL REGULATION OF CRIMINAL LIABILITY OF THE EMPLOYER FOR NON-PAYMENT OF WAGES

In the presented work, a special problem of responsibility for the violation of one of the parties to the employment relationship, namely by the employer, of its obligations is considered: the issue of non-payment of wages by the employer to the employee and its regulation by law enforcement legislation. The authors set a goal to get a general idea of the adjacent border between labor and criminal law on the subject of violation of the employee’s right to remuneration for the work he has invested. Wages are the subject of labor relations, which are regulated by the branch of labor law. A person guilty of violating labor legislation is brought to disciplinary, material, civil, administrative and criminal liability. It is here that the bridge we need is located, connecting labor law itself and other areas of law. The authors draw their conclusions based on the analysis of the system of public law norms of the designated branches of legislation and the practice of their application.

У истоков законодательства о правоохранительной деятельности в новейшей истории России (к 70-летию профессора В.В. Черникова)

The article presents the contribution of the professor V.V. Chernikov to the development of the law enforcement legislation of the Russian Federation.

INFORMATIZATION IN SOCIAL SECURITY LAW

The article is devoted to one of the most important problems - the digitalization of social security law. In theory of social security law, the issue of codification of this branch of law, the creation of the Social Code of the Russian Federation as a way of systematizing the norms of law is still being discussed. This codification is certainly a convenient and necessary way to combine legal norms in this area, including for the purpose of bringing information to citizens. Meanwhile, the law enforcement legislation is quite dynamic, has a diverse, complex subject composition, and is extensive in content, which makes it difficult to create a codified act in this area. Purpose: to analyze the problems of codification and development of digitalization of social security law. Methods: the author uses the methods of comparison, description, interpretation, formal and dialectical logic, interpretation of legal norms. Results: the XXI century dictates new requirements - the accessibility of information, which, in the author's opinion, is possible due to informatization processes that are rapidly entering the legislation of social security law.

SANKSI ADMINISTRATIF SEBAGAI SALAH SATU INSTRUMEN PENEGAKAN HUKUM DALAM PERATURAN PERUNDANG-UNDANGAN

Implementation of legislation would be ineffective if not accompanied by law enforcement. Law enforcement against legislation to many different forms, one of whom formulated in terms of sanctions, which may include criminal sanctions, civil penalties or administrative sanctions. The provisions of this sanction, whether criminal, civil, or administrative is an option, meaning no need to apply all three but it can be chosen which are the most effective and most appropriate that the scope associated with the substance of regulation. In fact, it is possible from a law enforcement legislation was not needed any sanctions. Inclusion of sanctions should also be adjusted to the substance set forth in laws and regulations are. For the substance of issues related to administrative, administrative sanctions are most effective. Administrative sanctions can be applied either through the courts or through non-court line, i.e. by administration officials. Administrative sanctions set forth in the legislation most relevant to the licensing issues and implemented by the authorities (bodies) administration authorized to issue such permits. Administrative sanctions imposed by administrative authorities are often related with violations of licensing requirements. An administrative sentence needs a legal basis with the possibility for the sentences person the have a legal effort to sue the administrative sanction.

Проблеми імплементації норм щодо запобігання забруднення морського середовища стічними водами та шкідливими речовинами

The article deals with the peculiarities of the implementation process of the conventional rules about the prevention of marine environment pollution by sewage from ships and transported harmful substances in the national legislation of Ukraine. The object of research is the domestic mechanisms for the implementation of the rules of the MARPOL 73/78 Convention. The subject of research is a set of social relations that come up with the realization process of the norms of international and national law in the field of the protection of the marine environment. The nature of international obligations with respect to the domestic implementation of the MARPOL 73/78 conventional standards in the legislative base of Ukraine is researched. The article analyzes the standing orders of international agreements ratified by Ukraine and the rules of national legal acts devoted to issues of protection of the marine environment and prevention of its pollution. The practical realization problems of technical norms and standards, which are contained in the annexes to the MARPOL 73/78 Convention, are determined by subjects of the sea-economical complex. The safety of navigation is the most serious problem in the maritime transport, from which protection of the life of crew members and passengers on the vessel and saving of the cargo depends on the successful solution of this problem. The efficiency and forcefulness of norms in the field of marine environmental protection is possible if only the international conventions are fully and comprehensively complied with by all, without exception, by the subjects of international maritime law. The improvement of the current legislation of Ukraine regarding the protection of the marine environment is the most important task of modern rule-making activity, legal science and practice. The reasons for the weak regulatory action of the law enforcement legislation are insufficient provision of the enterprises with technical facilities for the effective cleaning of seawater and sewage, and the inspection organizations – with devices for controlling the pollution of the marine environment.

PRZEPISY PORZĄDKOWE NA DROGACH KRÓLESTWA POLSKIEGO W EPOCE KONSTYTUCYJNEJ

The article analyzes law enforcement legislation in force on the roads of Kingdom of Poland in the period between 1815 and 1830. The general description of these regulations was mostly concerning characterics, protection and control processes of Polish road system of that time. Aditionally the research was focusing on the outline of law in terms of general police of road regulations as well as a number of specific issues. Among the latter are: inspection staff clothing, rules related to animal and human traffic; liquor licenses for road entrepreneurs.

On the Situation of Law-enforcement Law in Estonia

The article addresses the situation of the Estonian law-enforcement legislation in relation to the ongoing legislative reform in the associated field. On 23 February 2011, the Parliament of Estonia adopted the Law Enforcement Act, on which the new Estonian law-enforcement legislation shall be based. That act has its foundation in the idea of preventive maintenance of public order, and the core threshold set for implementation of measures restricting fundamental rights is linked to the concept of (specific) threat. Selection of suitable law-enforcement legislation concepts has been accompanied by serious doubts. The author addresses several dispute-laden issues, such as the possible scope for delegation of public-law enforcement tasks to private persons, the legal-cultural suitability of a law-enforcement model that is based on the concept of threat as part of our legal order, the issue of ensuring optimal balance between repression and prevention, and the compliance of several aspects of threat-control legislation with the Constitution – especially with its principles of legal clarity and proportionality.

Using internet snapshot surveys to enhance our understanding of the availability of the novel psychoactive substance 4-methylaminorex and 4,4'-dimethylaminorex.

4,4'-Dimethylaminorex is a stimulant novel psychoactive substance (NPS) first detected in Europe in November 2012. It is a derivative of 4-methylaminorex, a substance controlled under Schedule 1 of the 1971 United Nations Convention on Psychotropic Substances. There is currently no information on the availability or cost of these substances from Internet suppliers. An Internet snapshot study was undertaken in English using established European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) methodology to determine the availability of 4-methylaminorex and 4,4'-dimethylaminorex in April 2014. Twenty Internet sites selling 4-methylaminorex were identified, 18 selling in US dollars and two in GB Pound Sterling. Fourteen (70 %) Internet sites had a minimum purchase amount of ≥10 g (compared to user doses of 10-25 mg). For the 18 suppliers selling in US$, 9 quoted a fixed price per gram irrespective of the amount ordered and 11 had a reducing price per gram with increasing purchase quantity (US$30.8 ± 34.2/g for 1 g purchase to US$15.2 ± 20.3/g for 1 kg purchase). Only one Internet site selling 4,4'-dimethylaminorex was identified, selling in Euros. The minimum purchase quantity was 500 mg. The price per gram reduced from <euro>36.08/g for a 500 mg purchase to <euro>2.20/g for a 100 g purchase. This Internet snapshot demonstrated that there was a greater availability from Internet suppliers of products advertised as 4-methylaminorex than 4,4'-dimethylaminorex, despite the 4-methylaminorex being an internationally controlled substance. Whilst this may reflect misunderstanding by suppliers, it has the potential to put those purchasing at risk of contravening border control and/or local law enforcement legislation. The use of methodology such as Internet snapshot surveys is of increasing interest to clinical/medical toxicologists in their understanding of the supply, availability and cost of novel psychoactive substances.

Crouching tiger or phantom dragon? Examining the discourse on global cyber-terror

Known cases of cyber-attacks on sovereign powers are rare, thus examination of cyber-terror remains somewhat anecdotal. Terrorism discourse itself remains mired in ambiguity as little agreement exists as to thresholds that would make unambiguous distinctions between criminal and terror attacks. In this article, we examine a composite of cyber-terror that highlights symbolism and public sentiment and delineates between real and perceived threats. An objective analysis of historical incidents would indicate that first-world powers ’ adaptive technologies and sophistication have provided adequate protection against ‘cybergeddon.’ However, this reality must be juxtaposed with the mythos that popular media has conjured regarding digital doomsday. In examining this dichotomy between real and perceived threats, we visit the idea that the current direction of cyber-legislation risks heightening international inequality. As the world evolves toward more cyber-dependent relations, dominant economic powers have the ability to be more inclusive as they work toward global law enforcement legislation. This article appeals for attentiveness to social justice in the attempt to alleviate national anxieties associated with cyber-threats.