Law Enforcement Practice Research Articles

The importance of electronic evidence in criminal proceedings

The development of digital technologies contributes to the change of criminal procedural relations and the emergence of electronic evidence used in the proof process. The author’s position is formulated based on the results of the analysis of theoretical approaches in criminal procedure science to the definition of the concept of “electronic evidence”. Arguments are presented confirming the need to use electronic evidence in criminal proceedings in order to overcome the risks associated with the realization of the rights and legitimate interests of participants in a criminal case, the preservation of evidence in case of their referral to the place of investigation, destruction or modification in case of counteraction to the investigation. The article reveals the importance of electronic evidence in criminal proceedings. Based on the analysis of the norms of criminal procedure legislation and law enforcement practice, the factors that determine the increasing importance of electronic evidence in criminal proceedings are substantiated.

Legitimacy of Subjects of the Right to Judicial Protection in the Law Enforcement Practice of Land and Property Disputes Resolution: Formulation of the Problem

The article is devoted to the study of the problems of the ownership of the plaintiff and the defendant as parties to a land-property dispute in the current law enforcement practice of courts of general jurisdiction. The author emphasizes that the primary task of the judicial branch of government and a specific court as its representative is to correctly determine the subject composition of the case, the subject of which is the resolution of a land and property dispute. Achieving the specified task has two main consequences: obtaining legal protection of the violated, unrecognized or disputed right by the proper “offended” person and placing responsibility for the committed encroachment on property rights on the actual violator. The article analyzes the procedural institution of replacement of an improper defendant as a mechanism designed to ensure the implementation of the principle of ownership of the parties to the dispute in the civil process. In particular, the author drew attention to the fact that in the judicial practice of courts of all instances, the terms “proper plaintiff” and “improper plaintiff” are used, the definition of which is not contained in the current civil procedural legislation. In addition, the article analyzes the judicial law enforcement practice formed in the part of replacing an improper party in cases for the resolution of land and property disputes and formulates relevant conclusions regarding the ambiguity of the positions of courts of general and administrative jurisdiction in this matter. The author conducted a comparative analysis of the legal regulation of the institution of replacement of the proper party in a dispute under civil and administrative procedural legislation. Based on the results of the research, the author outlined the scientific and practical aspects of the investigated issues in this field of civil procedural law. In particular, the author comes to the conclusion about the inconsistency of the legislator’s vector regarding the development of an effective procedural mechanism for the protection of the rights of subjects of land legal relations, which in turn creates prerequisites for possible abuse of the court’s procedural powers.

Модели интеграции современных технологий в правоохранительную деятельность

To counteract the development of criminal activity, law enforcement agencies need to employ new technologies. However, the current models of such implementation provide neither competitive advantage nor forensic efficiency. This article describes the existing models of integrating advanced technologies into law enforcement practice, as well as ways of their optimization. The paper considers the best practices and related risks. The authors relied on standard cognition methods and modeling to develop four key models of integrating modern technologies into crime investigation activities, i.e., 1) legislative consolidation, 2) implementation after the effectiveness has been experimentally verified, 3) departmental regulation, 4) independent initiative implementation. Each model demonstrated a number of advantages and disadvantages. On the one hand, they proved legal, effective, rational, and based on actual threats and risks. On the other hand, the legislative consolidation process is long: as a result, participants in criminal proceedings risk their rights. Moreover, no objective effectiveness assessment can be provided while scientific recommendations do not correlate with actual practice. The authors proposed a comprehensive model that can adapt to a particular technology. The model presupposes coordinated actions of scientists, practitioners, investigative authorities, and legislators. The article also introduces an algorithm that increases the effectiveness of forensic activities.

Determining the amounts of membership interests in the charter capital of a limited liability company as an appropriate way to protect the rights of the member through legal proceedings

In the modern context of corporate law, the study of the effectiveness of the protection of corporate rights of participants in limited liability companies (hereinafter – LLC) is an extremely relevant topic for research. Limited liability companies are the most common organisational and legal form among legal entities for conducting business activities in Ukraine, especially at the levels of small and medium- sized businesses. In this regard, the legislative regulation should be based on accessible and reliable mechanisms for protecting the rights and interests of participants, and quick and fair resolution of internal conflicts that may threaten the viability of the business. The processes of state registration of information about limited liability companies are defining components of the transparency of business activities of this type of legal entity. The article focuses on the importance of the unity of law enforcement practice and legal positions of commercial courts in consideration of corporate disputes, which is an important factor for the protection of property rights, stimulation of investments, and ensuring the stability of the corporate sector of the economy. The legal positions of the Supreme Court regarding the exhaustive list of ways to protect the rights of an LLC member have been explored. It is noted that to protect the rights of members of limited liability companies in cases where their corporate rights have been violated, it is important to consider the provisions of part 5 of article 17 of the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations”. An analysis of judicial decisions reveals controversial issues regarding the application of the provisions of this Law. Within this article, an assessment of the effectiveness of current mechanisms for protecting corporate rights is provided, opportunities for their improvement are identified, and recommendations for improving legislative regulation and judicial practice are developed. Special attention is paid to the analysis of ways to protect the rights and interests of participants in the context of state registration of changes to the charter capital and the amounts of membership interests, as well as the assessment of the proportionality and adequacy of the applied measures.

Whose Streets? Our Streets! . . . or Maybe Not? Legitimizing Racialized Gendered Policing in Modern Cities

“Whose streets? Our streets!” This special forum centered on The Streets Belong to Us: Sex, Race, and Police Power from Segregation to Gentrification conjures this popular urban protest chant that may (or may not) be familiar to many readers. While the response—“our streets!”—is forceful, it is far from a clear-cut truism or uncomplicated declaration. Herein, Fischer and five interlocutors discuss the historical and spatial complexities regarding who has a right to define, navigate, and regulate urban spaces. They take up the questions—to whom do the streets belong—by considering regimes of police power at the nexus of sex, moral reform, and so-called “troublesome” terrains in three twentieth-century U.S. cities. They also engage how, as Fischer states, law-enforcement practices of sexual policing decriminalized white womanhood while criminalizing Black womanhood, and thereby expanded police authority, racialized gendered state violence, carceral feminism, gentrification, and spatialized racial and economic inequalities.

Russian Criminal Procedure to Protect the Rights and Legitimate Interests of Entrepreneurs

The article discusses changes in Russian criminal procedural legislation related to criminal proceedings on crimes in the economic sphere committed by entrepreneurs in connection with their entrepreneurial or other economic activities. It is noted that these changes are due to the general policy of the state aimed at increasing the economic activity of the population and accelerated economic development of the country as a whole. In this regard, the author provides critical statements by the country’s leaders regarding the current law enforcement practices. The article consistently sets out individual institutions of criminal procedural law affected by these changes. Thus, the features of initiating criminal cases for certain crimes in the economic sphere classified as cases of private-public prosecution are described. The general rules for conducting investigative actions, including those related to the seizure of electronic storage media in cases of this category, are described. Considerable attention is paid to the selection of preventive measures against entrepreneurs and general restrictions on the use of detention against them. Special grounds for termination of criminal prosecution of entrepreneurs in connection with their compensation for damage are described. The author notes that the process of improving legislation in this area is far from complete and will continue depending on the needs of practice.

PROBLEMS OF RATIONING THE CONTENT OF CHEMICAL ELEMENTS AND COMPOUNDS IN SOILS IN LAW ENFORCEMENT PRACTICE

Ratuioning of the content of hazardous substances in soil as an object of environmental protection in the Russian Federation is provided by a set of normative acts establishing the principles of assessment, approaches to the use of soils of varying degrees of anthropogenic transformation, the level of their pollution, at which the responsibility of the land user for violation of legislation on soil protection occurs. The analysis of normative acts shows that the most stringent pollution regulation system has been established in Russia, which is based on determining the compliance of the content of chemical elements and compounds in soils with sanitary and hygienic standards in the territories of settlements and agricultural lands. On other lands, as a standard, the excess of which leads to the onset of economic responsibility for pollution, the value of the concentration of the pollutant in the adjacent territory of a similar purpose and type of use, which is not adversely affected by a specific type of violation, is applied. At the same time, chemical elements and compounds are considered as pollutants, regardless of their origin, degree of danger and biological significance. The application of this approach within the framework of law enforcement practice creates significant problems in establishing the fact of negative impact, calculating the amount of damage from pollution, and developing measures for soil remediation. Thus, the current regulations consider as pollutants substances of natural origin, including those that ensure soil fertility and are applied with mineral and organic fertilizers. The use of the background level of substances as the maximum permissible value does not take into account the natural variability of elements and compounds in soils, as well as the errors of their chemical analysis. The excessive rigidity of the applicable standards is the reason for the increased costs of soil remediation measures. The way out of this situation is to revise the rationing system, taking into account the biological significance of elements and compounds, and the need to introduce a multi-level system of soil quality indicators. There is a need to improve the conceptual framework as part of regulatory documents on soil protection.

On the issue of strengthening the supremacy of State power in criminal proceedings

The article raise the question of the need to strengthen the supremacy of state power in criminal proceedings. The analysis of law enforcement practice is given and attention is drawn to the fact that trust in state bodies and officials conducting criminal proceedings is falling. It is proved that the supremacy of state power in criminal proceedings is within the legal norms of the Constitution, criminal and criminal procedure legislation of the Russian Federation. It is concluded that the arbitrariness of state bodies and officials, going beyond these norms is a violation of the rule of law both at the legislative and law enforcement levels, undermines confidence in state bodies conducting criminal proceedings, in state power as a whole, and, accordingly, weakens the internal sovereignty of the state. It is argued that the basis for strengthening the supremacy of State power in the field of criminal justice is to strengthen social justice, ensure social solidarity, the legality of production and increase public confidence in state power. It is substantiated that a new version of the CPC is needed, which will be aimed at improving the effectiveness of criminal proceedings, including by simplifying it while maintaining the existing procedural guarantees for the protection of the subjective rights and legitimate interests of participants in criminal proceedings.

The Digital Transformation of Russian Criminal Proceedings and the Role of the Prosecutor’s Office as the Organizer of such a Transformation

To date, the Russian Federation does not have a single systematic digitalization program for all criminal proceedings. At the same time, digital technologies themselves are fragmentally penetrating the practice of law enforcement. That is why it is extremely important to investigate this issue, as well as to study the foreign, more successful experience of digitalization of criminal proceedings in other countries. The article discusses the issue of digital transformation of modern Russian criminal proceedings; the need of systemic and interdepartmental interaction to create a unified digital platform “Digital Criminal Justice” is substantiated, namely, government agencies, the bar and other interested agencies involved in criminal proceedings or related to them due to the law enforcement nature of their functions; the role of the Prosecutor General’s Office of the Russian Federation as the organizer and coordinator of interdepartmental interaction for the creation of such a platform and its use is argued. It seems that the only state body that, by virtue of its tasks, powers and place in criminal proceedings, is able to lead and implement a holistic and systematic digitalization of criminal proceedings in its substantive criminal procedural aspect is the Prosecutor General’s Office of the Russian Federation.

Legal regulation of the ecological network in Ukraine

In the context of the European integration of Ukraine, the evolution of human rights, the development of civil society, environmental problems in Ukraine, including those caused by the military actions of the aggressor, the study of the problems of legal regulation of the ecological network in Ukraine is of important practical and theoretical importance. Researching the issues of legal regulation of the ecological network in Ukraine is important for the further improvement of environmental legislation, as well as for the improvement of law enforcement practice in this area. As a result of this research, the problems of legal regulation of the ecological network in Ukraine and its elements are important for the development of the sciences of constitutional, administrative and environmental law. The article is devoted to the problems of legal regulation of the ecological network in Ukraine. In this article legal regulation of the ecological network in Ukraine is characterized. In the context of the modern European integration of Ukraine, the evolution of human rights, the development of civil society, environmental problems in Ukraine, including those caused by the military actions of the aggressor, the study of the legal regulation of the ecological network in Ukraine is of great practical and theoretical importance. Ensuring the effective functioning of the ecological network of Ukraine, including the protection of the environment, overcoming the negative consequences of damage to the environment caused by hostilities, prompt demining of de-occupied territories, is an important element for the effective functioning of the system of natural human rights in Ukraine, among which the right for a safe environment for life and health in Ukraine. The concept of "legal regulation of the ecological network in Ukraine” can be defined as a system of norms and principles of law aimed at regulating social relations by legal norms in the field of formation, preservation and rational, tireless use of the ecological network in Ukraine as one of the main prerequisites for ensuring the sustainable development of Ukraine, protection of the environment, protection of flora and fauna, nature conservation areas, satisfaction of ecological, economic, social and other interests of individual citizens, society, territorial communities and the state. The elements of the ecological network of Ukraine includes: key, connecting, buffer and renewable territories.

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Virtual arbitration hearing: arbitrator's discretion or the right of the parties?

Today, international commercial arbitration remains one of the most effective ways to resolve disputes complicated by a foreign element. Parties to a dispute, preferring arbitration, wish to obtain the desired result in the shortest possible time. This is achieved because the parties to the arbitration proceedings themselves are endowed with an arsenal of rights that are not inherent in national courts: the right to choose a particular arbitration, the composition of the arbitral tribunal, and the law to be applied in the dispute. This is a manifestation of the "autonomy of will" of the parties to the dispute. However, despite such a broad scope of powers, some powers of the arbitral tribunal, which is chosen by the parties, cannot be limited. Although the discretionary powers of international commercial arbitration are regulated by national arbitration laws and rules, their exercise may sometimes contradict the fundamental principles and standards of effective arbitration. One of such powers is the right to determine the format of arbitration hearings, since it is by exercising this right that the arbitral tribunal may make its own decision without taking into account the views of the parties to the dispute. The article provides a comparative legal analysis of arbitration legislation, rules and law enforcement practice of national courts with regard to the possibility of determining a virtual hearing as the most efficient format for consideration of a case. Particular attention is paid to the imperfection of Ukrainian legislative regulation and the lack of a single, consistent court practice on these issues. Therefore, the conclusions propose to eliminate the shortcomings in the legal consolidation of such definitional constructs as "hearing" and "oral hearing".

On the implementation and functioning of the «Barnahus»

The aim of the work is to study and analyze the Barnahus model through the prism of European experience and the legal system of Ukraine. The methodological basis of the study is the dialectical method of scientific knowledge, since the genesis of the «Barnachus» model was revealed with its help. From the standpoint of the value approach, legal ideas, the normative legal framework and law enforcement practice were investigated. The work uses such general scientific methods as: system analysis, ascent from the general to the specific, analogy, generalization, comparison, as well as the principle of historicism, social and objective approach, which contributed to the disclosure of the features of the «Barnachus» model as a whole and its components, in particular. Special-legal methods, such as comparative- legal, formal-dogmatic, sociological-legal, cultural-legal. Results. The article is devoted to the Barnahus model, which is currently an innovative model at the European level in the field of combating violence against children and child-friendly justice. Ukraine, striving to become a full-fledged member of the European Union, has undertaken a number of obligations, including to provide children with additional procedural guarantees during their interrogation (questioning) in criminal proceedings. The article examines and analyzes the Barnahus model through the prism of European experience and the legal system of Ukraine. The author analyzes the basic ideas of the Barnahus model; examines the peculiarities of the formation and development of the Barnahus model in the legal systems of Scandinavian countries; clarifies the European quality standards of the Barnahus model as a result of the PROMISE network; examines the organizational and legal framework for the implementation and functioning of the Barnahus model in Ukraine; analyzes the impact of national legislation on the functioning of the Barnahus model in Ukraine, revealing certain problematic aspects. Conclusion. It is established that the Barnahus model is a multidisciplinary program for child victims and child witnesses of violence or cruelty, organized in a child-friendly environment and under one roof to ensure effective protection, quick access to justice, and the provision of necessary services. It is proved that its main task is to cooperate «under one roof» of an interagency and interdisciplinary team involved in juvenile criminal justice for effective coordinated work (collecting evidence, providing services, creating a child-friendly environment, helping to return to their usual life, etc.) and achieving maximum interaction with child witnesses or child victims of violence or cruelty.

Особенности применения принципа добросовестности в российском гражданском праве

This article is devoted to the consideration of the meaning and role of the good faith principle in Russian civil law. The good faith principle is one of the well-known and widely used principles in civil law of Russia. In the text, the positions of scientists and law enforcement practice using the good faith principle are considered, the approaches developed by domestic and foreign legal doctrine in relation to it are analyzed, the legal essence of the good faith principle is examined, and a theoretical and practical analysis of this legal concept is carried out. A small comparative legal analysis on this issue is also carried out. The author's contribution to legal research on the good faith principle in law is the systematization of the theoretical positions of legal experts on this topic, and in the course of it, the positions of scientists from different countries are explored. This study uses such scientific methods as analysis and synthesis, formal legal and comparative legal method. Based on the results of the study, conclusions are drawn regarding the essence and purpose of good faith as a civil law principle, a legal concept and the corresponding evaluation category. Also, a number of recommendations for law enforcement are given.

Legal principles of forest fire protection on radiation hazardous lands of Ukraine in modern conditions

The legal framework for protecting forests from wildfires on radiation hazardous lands in Ukraine, especially in the current environment, considering the new challenges and threats posed by both martial law and accelerated climate change, requires a thorough analysis of the current legislation in this area, clarification of legal gaps, and identification of the most priority areas for its improvement. The purpose of this study was to analyse the system of current legislation aimed at regulating the protection and defence of forests from fires, including on radiation-hazardous lands of Ukraine, and to assess the level of efficiency of legal regulation of these social relations and to evaluate them. The methodological principles in the context of the study were general and special methods of scientific cognition, including formal logical, comparative legal, formal legal, statistical, analysis and synthesis, and dialectical methods. The study substantiated the complex nature of the system of forest protection against fires on radiation-hazardous lands. The study analysed the risks and threats of forest fires on radiation-hazardous lands in Ukraine. It is stated that the state of fire safety on the lands of the forest fund that have been affected by radiation is the most threatening at the present stage. Generalisations were made containing a set of necessary measures aimed primarily at strengthening the due level of interaction between the relevant services in organising forest protection from fires on radiation-hazardous lands of Ukraine in modern conditions. The practical value of this study lies in the fact that, considering the scientific theory and a set of methods of scientific cognition, it provides a thorough analysis of Ukrainian legislation and clarifies the peculiarities of legal support for the protection of Ukrainian forests from fires on radiation-hazardous lands at the present stage, which helped to determine the real state of legal regulation of the relevant area and gaps in the organisation of its application, which should actualise the improvement of law-making and law enforcement practice in the area under study. The findings of this study can be used to update the legal support for the activities of public institutions implementing the state policy in the field of forest protection on lands subjected to radioactive contamination

Разрешение на застройку площадей залегания полезных ископаемых: история, проблемы и перспективы конфликтного института законодательства

The article reviews the legal institute of administrative approval of development on mineral resources sites: its history, problems arising in law enforcement practice, forthcoming changes in legislation, and makes proposals for further improvement of relevant legal procedures.

Relations between central and regional executive authorities in the context of preparation for radical market reforms in Russia at the end of 1991

The paper examines the features of interaction between the central government and the regions within the RSFSR (oblasts, krais), the status of which implied direct subordination of the regional authorities to the central government, at the final stage of the Soviet Union. A detailed analysis of the first steps in creating the institute of presidential representatives, as well as the problems that hampered its functioning, is carried out. The results obtained are correlated with the main tasks of «shock therapy» to assess the conditions for implementing radical market reforms. The formulation of the problem and revision of the existing scientific concepts based on the inclusion of sources that have not been previously introduced into scientific circulation predetermine the scientific novelty of the work. An appeal to the office documentation of government bodies made it possible to identify a vast discrepancy between law enforcement practice and the legislation in force during the period under study in matters of organizing the work of the executive vertical. The regions within the RSFSR were excluded from the unified management system, and the policy of the leadership of the territories and regions turned out to be inconsistent with the general state course. An attempt to overcome this problem by creating an institution of presidential representatives by the end of 1991 did not yield significant results, since it did not receive the necessary personnel, organizational and resource support. It did not allow the country's leadership to overcome the trends of destruction of a unified economic space and increased social tension. Under these conditions, the success of the government's stabilization and reform efforts turned out to be unattainable in the short term.

Design And Development of Sketch Based Image Retrieval Using Deep Learning

In this cutting edge, the common wrong doing rate is expanding day-by-day and to manage up with this the criminal divisions as well ought to discover ways in which would speed up the by and large preparation and offer assistance in bringing one to justice. In response to rising crime rates, law enforcement agencies are turning to advanced algorithms capable of matching freehand sketches with images in databases. These algorithms, utilizing sophisticated feature extraction techniques and deep learning models, significantly enhance identification accuracy. By leveraging Sketch based image retrieval technology, investigations are expedited, leading to quicker suspect apprehensions and resolution of criminal cases. This results in improved public safety and justice outcomes, as well as more efficient law enforcement practices overall.

Институт «номинальный руководитель компании»: сущность, формы, мотивы и риски применения

The article is a multidimensional study of the institution of figurehead in the contexts of Russian corporate governance, legal regulation and judicial enforcement. Applying analytical methods of scientific research to analyze the institution of figurehead, the author seeks to consider various aspects of this institution, including its essence, forms, motives for use, punishability and associated risks. The work reveals the approach of Russian judicial practice to the definition of a “nominal leader” as a formal, not actual leader. The author hypothesizes that shadow corporate governance is one of the subsystems of the domestic shadow economy, and that “nominal management of the company’s operating practices” is a class of diverse structures, the generation of one part of which pursues frankly destructive goals in social terms, the other is situationally reasonable. Analyzing scientific publications, legislative acts, and judicial practice, the authors reveal individual forms of nominal management of a company: nominal shareholder, nominal company, nominal corporate act, nominal member of the board of directors, “multi-machine operator”, “technical premier”, member of the family business team, the executor of the instructions of the team of actual leaders, the textbook nominal director and situational-transit versions of the nominal leadership. The article highlights the risks of using forms of figurehead: a fundamental change in law enforcement practice, loss of time for management approvals, loss of confidential information, reputational and entrepreneurial, loss of business, withdrawal of assets and raider takeover. Administrative-legal, expert and corporate approaches are described in the discussion about the limits of punishment for “nominalities”, emphasizing the paradoxical nature of the institutional interpretation of the phenomenon of nominalities. In general, the article offers a broad scientific and applied discussion on interdisciplinary methodological grounds.

Enforcement of the Law in the Sociological Domain

The purpose of this study is to examine how law enforcement is applied in Indonesia's sociological context. The results of the investigation indicate that community involvement is necessary for the application of law enforcement in the sociological sphere. It is believed that the community's participation and involvement in law enforcement can be used as a controlling factor when making decisions about the appropriateness of punishment for lawbreakers. The community can play a major role in reducing the number of legal infractions and deviations from unlawful acts that have become sociological phenomena by actively participating in the monitoring, supervision, and evaluation of the law enforcement practices in this nation.