Law Enforcement Practice Research Articles

Problematic Issues of Using Electronic Evidence in Criminal Proceedings (SDG's)

Objective: The object of this scientific publication is the use of electronic evidence in criminal proceedings, focusing on the main problematic issues, legislative gaps, and the need for improvements in law enforcement practices. Method: The method of study involves a detailed analysis of the current criminal procedure legislation, identification of the general and special features of electronic evidence, and examination of practical issues related to the collection, assessment, and admissibility of electronic evidence in criminal proceedings. The authors use legal analysis and case studies to propose amendments to the legislation and suggest practical improvements. Results: In this scientific publication, the authors highlight the main problematic issues of using electronic evidence in criminal proceedings, propose amendments to the current criminal procedure legislation, and also make proposals for improving law enforcement practice. It is argued that electronic evidence is an independent procedural source of evidence which has both general and special features and nowadays plays an important role in establishing the truth in criminal proceedings. It is concluded that the use of electronic evidence in criminal proceedings currently has no regulatory basis, which causes numerous difficulties and gaps which, among other things, lead to abuse of procedural powers. Contribution: It is established that in the process of collecting electronic evidence, there are many abuses of procedural powers, which are expressed in the excessive seizure of their carriers, as well as unlawful interference with privacy. The article also reveals the difficulties in assessing electronic evidence as relevant, admissible and reliable evidence. In particular, the use of different copies of electronic documents, compliance by judges with the principle of direct examination of evidence, and the admissibility of electronic evidence obtained from open sources are controversial. Based on the results of the study, the authors propose to amend the Code of Criminal Procedure of Ukraine by supplementing Chapter 4 ‘Evidence and Proof’ with paragraph 5 ‘Electronic Evidence’, which should define their concept, procedural procedure for their seizure, storage, return, and peculiarities of evaluation. The authors also emphasises the expediency of upgrading the qualifications of authorised persons by conducting thematic training on the proper use of electronic evidence and preventing abuse of procedural powers in this process.

Some Key Issues For Understanding And Interpreting Criminal Procedure Rules Limiting Property Rights

The purpose of the article is to analyze a number of issues related to the legitimacy of restrictions on property rights as prescribed by the Criminal Procedure Code of the Republic of Armenia. The article refers to a number of regulations related to the material grounds and procedures for imposing attachment on the assets as prescribed by Chapters 15 and 39 of the Criminal Procedure Code of the Republic of Armenia dated June 30, 2021, which are perceived and interpreted in different ways. In other words, the article aims to present the issues that have arisen in law enforcement practice. In this sense, the article is also relevant, since the presented approaches may be of interest to the students, lawyers, law enforcement authorities, and judges. The article discusses issues such as the lifting of attachment from the assets under the current Criminal Procedure Code of the Republic of Armenia which had been imposed under the previos Criminal Procedure Code of the Republic of Armenia, as well as the indication about the sufficient value of the assets in the decision on imposing an attechment on the assets․ The first part of the article is devoted to a number of issues related to the legality of decisions on the recognition of property of alleged criminal origin as material evidence, which law enforcement practice faces․ (The first part of the article will be published in the journal Bulletin of Jurisprudence of Yerevan University).

Fair overtime pay: the need and rationale for changes

Amendments to the overtime payment regulations provided for by the Federal Law “On Amendments to Article 152 of the Labor Code of the Russian Federation” dated 04/22/2024 No. 91-FZ, effective September 1, 2024, were considered. The analysis of the need for such amendments, which were initiated by law enforcement practice, drew attention to the absence of appropriate conditions in the Labor Code, which allowed the employer to consider only the salary (official salary) of such an employee when calculating remuneration for overtime work. This circumstance infringed on the rights of employees to fair wages for overtime work. The amendments that require consideration of compensation and incentive payments, and not only the basic part of wages when paying overtime, are considered.

Digitalisation of Administrative Discretion Legal Risks and Responses

In the context of the construction of a digital rule of law government, the digitisation of administrative penalties has been widely used in law enforcement practice, enhancing the efficiency and objectivity of administrative penalties. However, there are certain legal risks associated with digitised discretion: the algorithmic black box contradicts the principle of administrative openness, the procedural rights of the administrative relative are ignored, justice in individual cases is sometimes difficult to be achieved as well as the definition of the responsible subject is vague. For this reason, the risk-building programme should be improved through the construction of a transparency mechanism and a dynamic adjustment mechanism, the improvement of administrative procedures, and the clarification of the subject of responsibilityr.

Implementation of the Employer’s Authority through the Lens of Law Enforcement Practice

Implementation of the Employer’s Authority through the Lens of Law Enforcement Practice

Неисполнение военнослужащим приказа начальника: концептуальный анализ состава ст. 332 УК РФ

The paper justifies the importance of observance of principles of unity of command and subordination in the Russian military service, which has become especially relevant after the start of the special military operation. The object of the study is major structural segments of the constituent elements of a crime stipulated by Art. 332 of the Criminal Code of the Russian Federation as amended and supplemented. The authors note the absence of unified approaches to the legal evaluation of some key concepts and definitions (order, commander, interests of the military service, etc.), which makes it difficult to qualify the committed act and results in fragmented law enforcement practice. The article identifies conflicts of and gaps in applicable criminal laws in this sphere and brings forward recommendation to eliminate them.

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct; law enforcement practice, general approaches. Part 1. Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?

The article criticizes the current situation regulated by law, in which a gross disciplinary misconduct of a judge, entailing the early termination of his judicial powers, is considered as a measure of disciplinary responsibility. The conclusion is substantiated that the early termination of the powers of a judge for gross misconduct should entail a measure of not disciplinary, but constitutional responsibility. The mechanism of constitutional responsibility of a judge is partially provided for by the constitutional innovations of 2020 only for a little over two thousand judges, and the Federation Council can apply it, which is not typical for a legislative body, and which destroys the unity of the status of judges. The rationale for its development should be based on the premise that a judge’s gross misconduct, which deserves early termination of his powers, is primarily a violation of the judge’s oath, which currently does not provide for any consequences under current legislation and corporate regulation. Appropriate proposals are made with the necessary justifications.

THE CRIMINAL JUSTICE SYSTEM AND TECHNOLOGY IN THE DIGITAL AGE

This research utilizes a literature review methodology to examine the legal ramifications of technological advancements on law enforcement practices in the digital era. The burgeoning digital landscape has witnessed a surge in technological developments, such as big data analysis, artificial intelligence, and digital forensics, which have fundamentally reshaped law enforcement operations. This study delves into the positive and negative legal implications of these technologies within the justice system. The findings of this research, gleaned from the reviewed literature, suggest that the application of technology in law enforcement can enhance the efficiency of investigations, facilitate evidence analysis, and improve detainee monitoring. However, there are concomitant legal concerns surrounding privacy and data security that necessitate careful consideration. Furthermore, unequal access to technology and data poses a potential threat to the very concept of equal justice under the law. This research is intended to equip stakeholders in law enforcement and public policy with a comprehensive understanding of the legal ramifications associated with technological innovation. By elucidating these issues, this study also lays the groundwork for future researchers to delve deeper into these complexities through more rigorous empirical research endeavors.

ОРГАНИЗАЦИЯ ПРОЦЕССУАЛЬНОГО И ВЕДОМСТВЕННОГО КОНТРОЛЯ ЗА ЗАКОННОСТЬЮ И ОБОСНОВАННОСТЬЮ РЕШЕНИЙ, ПРИНИМАЕМЫХ ОРГАНАМИ ПРЕДВАРИТЕЛЬНОГО СЛЕДСТВИЯ В ПОРЯДКЕ СТАТЕЙ 144–145 УГОЛОВНО-ПРОЦЕССУАЛЬНОГО КОДЕКСА РОССИЙСКОЙ ФЕДЕРАЦИИ

Procedural and departmental control of the head of the investigative body is one of the means of ensuring the legality and validity of procedural decisions taken by officials to resolve statements (reports) about crimes in accordance with Articles 144–145 of the Criminal Procedure Code of the Russian Federation. Monitoring of law enforcement practice has shown that managers make mistakes in the organization of this area of activity, entailing violations of criminal procedure legislation, as well as ineffective protection of the rights and legitimate interests of persons involved in criminal proceedings. In the course of the study, a control mechanism was developed for the head of the preliminary investigation body at the district level, aimed at ensuring the legality and validity of decisions made by investigators based on the materials of pre-investigation inspections, as well as ensuring the completeness and reliability of information contained in primary accounting documents and compliance with the procedure for timely statistical registration of procedural decisions taken based on these materials.

Применение видов наказаний за убийство супруга или супруги во второй половине XIX – начале XX века (на материалах Тверской, Ярославской и Тобольской губерний)

The article is devoted to the study of law enforcement practice in criminal cases of crimes directed against the life of one of the spouses in families of the Tver, Yaroslavl and Tobolsk provinces in the second half of the 19th – early 20th centuries. The authors examine the class affiliation of the parties, the authorities in which cases of murder of wives and husbands were considered, the causes of the crimes. Particular attention is paid to the analysis of legislation on various types of murders: intentional and accidental, intentional and vice versa, committed in a fight, in conspiracy, due to a painful state of mind and intoxication, due to light and severe beatings, poisoning. Both gender motives have been identified: male – jealousy (“severe insult from the murdered person”), female – the desire to avoid the threat of deprivation of life, and general – the intention to get rid of the obstacle to entering into a new marriage if the killer has a lover, hatred of spouse. The authors highlight aggravating and mitigating circumstances of crimes committed by spouses, as well as the existing methods to help avoid punishment.

“The right to die”? On voluntary retirement and related obligations of the state. A study based on the law enforcement practice of the Highest Courts of Germany and the ECHR

The article examines the problems of the “right to death” – a constitutional and legal guarantee that recognizes the right of a person to end his own life at his discretion. This issue was initially considered as a downside, a kind of negative dimension of the right to life (Part 2 of Article 2 of the Basic Law of Germany). However, the focus has changed over time; the discussion is currently being conducted in the context of the right to personal self-determination. Within the framework of this article, the analysis is carried out on the basis of the law enforcement practice of the highest courts of Germany and the European Court of Human Rights. The point of contact of the German courts can be considered the recognition of the right to voluntary retirement as an act of individual self-expression, the realization of personal choice. The legal structure of the right to personal self-determination presupposes the establishment of a close connection between the right to general freedom of action (Part 1 of Article 2 of the Basic Law of the Federal Republic of Germany) and the guarantee of human dignity in accordance with Part 1 of Article 1 of the Basic Law of the Federal Republic of Germany. At the same time, the counterargument is not considered convincing, according to which the recognition of the “right to death” entails the impossibility of further personal self-realization and therefore contradicts the “life-affirming” spirit of the Basic Law, expressed, in particular, in part 2 of Article 2, since the very realization of the desire to end life is considered as an act of self-realization, which falls under constitutional protection. This constitutional and legal concept, developed by the Constitutional Court of the Federal Republic of Germany, is shared by the rest of the highest judicial instances of Germany, which complement it, in particular, by establishing state obligations to assist persons who wish to voluntarily end their own lives. The European Court of Human Rights has not yet had the opportunity to express its position on this issue, however, trends in the development of its law enforcement practice indicate that it is likely sooner or later to join the legal line of the German courts. The author identifies the argumentative shortcomings of the fundamental prerequisites for justifying the right to voluntary retirement, demonstrating not only their internal inconsistency, but also the inadmissibility of the consequences that state support for suicidal aspirations of citizens will lead to.

Legal consequences of the discovery of a treasure containing archaeological objects: problems of legal regulation

The article reveals the legal problems associated with finding a treasure containing cultural values. According to the author, the person who found the treasure, without special knowledge, cannot independently determine its cultural significance. The paper also examines the legal consequences of the discovery of a treasure, which includes archaeological items. The normative legal regulation of these public relations has its own peculiarities. Based on the analysis of the norms of the current legislation of the Russian Federation in the field of protection of cultural heritage objects and law enforcement practice related to the finding of archaeological treasures, determining their fate, the author formulates a number of conclusions and proposals for improving legislation.

К вопросу об отказе в возбуждении уголовного дела и прекращении уголовного дела в отношении неустановленных лиц в связи с уплатой в полном объеме сумм недоимки и соответствующих пеней, суммы штрафа (п. 7 ч. 1 ст. 24 УПК РФ)

The authors analyze changes in federal legislation related to the investigator’s obligation to refuse to initiate a criminal case or to terminate a criminal case under Article 199 of the Criminal Code of the Russian Federation after compensation by the organization for damage. It is concluded that the changes made by the legislator can be interpreted ambiguously in law enforcement practice. The approach according to which Article 76.1 of the Criminal Code of the Russian Federation and Article 24 of the Criminal Procedure Code of the Russian Federation must be interpreted teleological and systematic that excludes the possibility of initiating a criminal case in rem after compensation for harm and provides for the obligation to terminate the criminal case after compensation for harm if the persons liable have not yet been identified.

Споры с участием арбитражного управляющего в контексте применения п. 2 ч. 1 ст. 143 АПК РФ

The article examines the law enforcement practice related to the interpretation by the courts of paragraph 2 of part 1 of article 143 of the Arbitrazh (Commercial) Procedure Code of the Russian Federation, devoted to the duty of the court to suspend proceedings in a number of cases, in particular, in the case of a citizen serving in the Armed Forces of the Russian Federation as part of a special military operation. The author gives an assessment of the amendments made to this article in December 2022, their teleological orientation. Within the framework of the study, the author concludes that the current law enforcement, according to which the fact of concluding a contract on military service is sufficient for suspending the proceedings, is inconsistent with the text and objectives of the article in question. The main attention is paid to the possible consequences of such law enforcement in disputes involving an arbitration administrator in insolvency (bankruptcy) cases, in particular, on the recovery of documents and on the recovery of losses. As a conclusion, the author considers it necessary to provide explanations of the operation of the norm in question from the Supreme Court of the Russian Federation in the framework of a specific case or in the form of an abstract explanation.

The role and legal significance of fixed-term labor contracts in the socio-economic conditions of modern Russia

An employment contract is not just a formal agreement on paper between an employer and an employee, but a document that establishes the specifics of employment. In Russian law, there are a number of well-known types of employment contracts (contracts), which differ in their nature and duration. The authors characterize the features and duration of employment contracts of certain types. The paper presents a comprehensive synthesis of the concept and polymorphism of labor contracts in the Russian Federation on the basis of current labor legislation and the practice of law enforcement.

Protectors or Enforcers?

This essay examines the complex relationship between contemporary law enforcement practices and Black, Indigenous, and racialized communities in Canada, focusing on hyper-masculine subcultures and militarized tactics. Using case studies, such as the death of Ejaz Chaudry and the criminalization of Wet'suwet'en land defenders, this paper analyzes the historical and colonial roots shaping policing practices. The study finds persistent over-policing and discriminatory practices on marginalized communities, emphasizing the urgent need for reform. Exploring the interplay of hyper-masculinity, militarization, and colonial biases, the essay discusses how symbols like the thin blue line contribute to an 'us versus them' mentality, reinforcing militaristic culture. The transnational dimensions of police militarization, influenced by historical and contemporary ties to settler-colonial practices, reveal how shared colonial legacies contribute to the perpetuation of militaristic approaches in law enforcement. Cases like Chaudry and Wet'suwet'en land defenders highlight the devastating consequences of militarized responses, urging comprehensive reforms. This essay acknowledges that while guardian approaches are more favorable in lieu of the outdated warrior mindset, the former community-oriented models still possess limitations. Despite this recognition, the essay contributes to the discourse on redefining policing practices, rebuilding community relations, and fostering a more just, equitable, and community-focused future in law enforcement.

Дипфейк (deepfake) и уголовный закон

Introduction: in the context of digitalization, the dissemination of false information has acquired a completely new content – deepfake not only creates competition for objective coverage of events, processes or phenomena, but claims to replace reality itself. The authors note the unprecedented nature of this problem not just for an individual or state, but for humanity as a whole, since deepfake poses an existential threat to social communication itself. Materials and Methods: the study was conducted on the basis of generally accepted methodology (a combination of general and specific methods of cognition). The work was carried out on the basis of current Russian legislation, the legislation of individual foreign countries, materials from law enforcement practice, scientific literature and publications on the topic on the Internet. Results: the work argues for the conclusion that it is necessary to supplement the domestic model of differentiation of criminal liability with such a qualifying feature as committing a crime “using deepfake technology”. Discussion and Conclusions: the problem of using deep synthesis technology (deepfake) for the purpose of causing harm to legally protected interests requires an integrated approach and does not have a purely legal solution. Taking into account the peculiarities of the technology, there is no reason to say that there are social and legal prerequisites for the criminalization of any actions with deepfakes. Real counteraction involves developing clear criteria for malicious deepfake at a theoretical level, technological solutions for prompt identification and removal of such content, building public-private partnerships in this area, training appropriate personnel with the necessary competencies, and much more.

Being yourself is a defect: analysis of documented rights violations related to sexual orientation, gender identity and HIV in 2022 using the REAct system in six eastern European, Caucasus and Central Asian countries.

Removing legal barriers to HIV services is crucial for the global 2030 goal of ending the HIV and AIDS epidemic, particularly in eastern Europe, the Caucasus and central Asia. Despite state commitments to uphold human rights, gay, bisexual and other men who have sex with men (gbMSM), along with transgender people (TP) still face stigma and discrimination. This article presents an analysis of rights violations based on sexual orientation and gender identity (SOGI) and HIV reported in 2022 across six countries, highlighting features and their links to legislation and law enforcement practices. We examined documented cases of rights violations among gbMSM and TP in Armenia, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan and Ukraine in 2022 using the REAct system, a tool for documenting and responding to rights violations against key populations. Initially, we employed directed content analysis based on Yogyakarta Principles to analyse narratives of violations. A codebook was developed through contextual, manifest and latent coding, with themes, categories and codes converted into quantitative variables for statistical analysis. Descriptive statistics were used to identify the characteristics of violations. A total of 456 cases of rights violations related to SOGI and HIV were documented, ranging from 22 cases in Tajikistan to 217 in Ukraine. Most violations concerned gbMSM (76.5%), with one-fifth involving TP, predominantly transgender women. Complex violations with multiple perpetrators or infringements were documented in Armenia and central Asia. Privacy rights were commonly violated, often through outing. Cases of violations of the right to the highest attainable standard of health (13.6%) and protection from medical abuses (2.6%) were also documented. Other rights violations were sporadic, with each country exhibiting distinct patterns of violated rights and types of violations. In Ukraine, the full-scale war in 2022 influenced the nature of documented cases, reflecting the challenges faced by gbMSM and TP. Monitoring rights violations proved effective for assessing the situation of gbMSM and TP, particularly in the insufficiently studied and diverse eastern Europe, Caucasus and central Asia regions. As rights violations are linked to both legislation and law enforcement practices, comprehensive interventions to minimize structural and interpersonal stigma are essential.

Тенденция к психологизации в оценке общественной опасности

<p style="text-align: justify;">The article reflects the results of a study of controversial issues of assessing public danger. Conclusions are drawn about the current trend towards psychologization in the assessment of social danger, both in law enforcement practice and in expert activities in assessing the danger of a person to himself or others. The author considers psychologization as a negative phenomenon, comparable to a violation of the boundaries of the professional competence of psychologists. This phenomenon, according to the author, “erodes” the criteria for an objective assessment of social danger due to the introduced subjective signs - the danger of the person who committed the crime. The article notes that the category “public danger” is a conventional criminal law category that does not fully coincide with the generally accepted interpretation of this term. The author believes that the legislative interpretation of concepts is a priority in the research of legal psychology (as opposed to other branches of psychology) and expert practice. The article points out that from the methodological aspects, psychologization is a reduction (reduction) of the complex to the simple, a violation of the laws of logic. The tendency towards psychologization can lead to the state starting to fight not against crimes, but against persons accused of committing crimes.</p>

An implementation evaluation of the Breaking Down human rights barriers to HIV services initiative in Ukraine.

Globally, stark inequities exist in access to HIV treatment and prevention. The eastern European and central Asian region is experiencing the sharpest rise in new HIV acquisition and deaths in the world, with low rates of treatment and prevention services, especially for key and vulnerable populations who face a range of human rights-related barriers to HIV prevention and treatment. An implementation learning evaluation approach was used to examine the implementation of the Breaking Down Barriers initiative targeting key and vulnerable populations in Ukraine. Between September 2022 and April 2023, researchers conducted 23 key informant interviews with individuals from the Ukrainian government, implementing organizations and human rights experts. Using a concurrent triangulation design, researchers and key informants, in a process of co-creation, sought to describe programme accomplishments, challenges and innovations in implementation, between 2021 and 2023, including periods before and after Russia's February 2022 full-scale invasion. Eight rights-based interventions related to HIV were identified in Global Fund programme documents and key informant interviews as making up the core of the Breaking Down Barriers initiative in Ukraine. These included programmes seeking to: eliminate stigma and discrimination; ensure the non-discriminatory provision of medical care; promote rights-based law enforcement practices; expand legal literacy ("know your rights"); increase access to justice; improve laws, regulations and policies; reduce gender discrimination, harmful gender norms and violence against women and girls; and mobilize communities for advocacy. These programmes received US$5.9 million in funding. Key informants reported that significant progress had been made addressing human rights barriers and scaling up interventions, both before and after Russia's invasion. Programme implementors adopted innovative approaches, including using paralegals, hotlines and other community-led interventions, to ensure that key and vulnerable populations, including displaced individuals, were able to access prevention and care. An implementation learning evaluation approach examining programmes addressing human rights barriers to HIV services, designed as a process of co-creation between researchers, programme implementors, government officials and human rights experts, can provide a robust assessment of programme outputs, outcomes and evidence of impact, despite a challenging operational environment.