Law Enforcement Practice Research Articles

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.

Legal Problems of Appealing a Warning of an Antimonopoly Authority: Prospects for Expanding the Powers of Collegial Bodies of the FAS of Russia (Analytical Review)

The purpose of the article to the study of the legal nature of the institution of issuing a warning by an antimonopoly authority to stop actions (inaction) that contain signs of violation of antimonopoly legislation, as well as procedural ways of its challenge. As a result of the analysis of the current legislation and law enforcement practice, the authors identified a number of problems arising in the process of judicial challenge of the warning, namely the length of the court procedure and the use of a formal approach in the consideration of this category of cases. The authors conclusions point to the expediency of enshrining the possibility of challenging a warning in an administrative procedure by expanding the powers of the collegial bodies of the FAS of Russia.

Legal Regulation of Digital Platforms and Antimonopoly Control: Application Practice

The article highlights some conflicts and gaps in the legal regulation of the activities of digital platforms, in particular marketplaces. Currently, in the field of e-commerce, a situation has arisen in which digital platforms (marketplaces) have ceased to play the role of exclusive information intermediaries, transmitting information about the product from the seller to the buyer with remote communication between them under sales contracts. In the doctrine of competition law, the classical approach is generally accepted, according to which an economic entity dominating a market may fall under the criteria of abuse of a dominant position. The "Fifth Antimonopoly Package" makes it possible to improve doctrinal approaches to the establishment of abuse of a dominant position by special subjects. The positions of the FAS Russia, which appeared in connection with the need to regulate complex relations to protect competition in commodity markets, where there are signs of “network effects”, have an important role for the exercise by antimonopoly authorities of powers to intersect monopolistic activities in commodity markets and the formation of a uniform approach in law enforcement practice in cases on violation of antitrust laws by owners of transactional digital platforms. New approaches to the application of relevant legal regulation, including in related markets, have been identified based on the results of an analysis of the norms of antimonopoly legislation, legislation on trading activities and specific decisions of the antimonopoly authority related to the application of Article 101 of Federal Law of 26. 07. 2024 No. 135-FZ “On Protection of Competition”.

Genocide in the historical aspect. Taking into account law enforcement practice

Genocide in the historical aspect. Taking into account law enforcement practice

Transactions Involving Economic Concentration: the Evolution of Antimonopoly Regulation and Common Torts in Modern Conditions

Author carries out the analysis of recent legislative changes on the regulation of anticompetitive transactions involving economic concentration and improvement of the procedure for state control over economic concentration. The will of the legislator and the reasons that contributed to the development of legal regulation on the issue under consideration, as well as its economic and legal consequences, are examined. Based on the results of studying the current law enforcement practice that developed after the entry into force of legislative changes, author identifies and systematizes the most common torts related to the facts of transactions involving economic concentration that restrict competition, as well as significant violations of the procedure for such transactions established by the current antimonopoly legislation.

Antitrust Legislation in the Context of Constitutional Control: Novelties of Law Enforcement Practice

In December 2023, 30 years have passed since the adoption of the Constitution of the Russian Federation. The positions of the constitutional control bodies have always played and continue to play an important role in the development of antimonopoly legislation and law enforcement practice in cases of protection of competition. In the practice of the Constitutional Court of the Russian Federation (CC of Russia) and a number of other law enforcement officers, competition is considered in the context of the constitutional value that all law enforcement officers, including antimonopoly authorities and courts, are obliged to protect. In the constitutions of a number of foreign countries, there is often no direct indication of the need to protect competition, which increases the role of the highest courts in creating a legal mechanism for its protection. The authors analyze the law enforcement practice of the Constitutional Court of the Russian Federation established after 2018 on the application of antimonopoly legislation and the influence of the positions of the supreme constitutional control body on the development of Russian competition law.

Protection of constitutional values in the conditions of the Russian-Ukrainian war

The study is devoted to the analysis of the peculiarities of the protection of constitutional values in Ukraine in the conditions of the Russian-Ukrainian war. Its purpose is to develop proposals for improving the mechanisms for ensuring these values. A comprehensive approach was used, including methods of analysis and synthesis, a comparative legal method, as well as an analysis of judicial practice. The relevance of the study is due to unprecedented challenges for constitutional values in the conditions of hybrid war, which requires new approaches to their protection. Scientific novelty consists in the comprehensive analysis of modern challenges and the development of specific recommendations for improving legislation and law enforcement practice. The study showed that the protection of constitutional values in the conditions of war is a complex process that requires a combination of national and international efforts. A special role belongs to the judicial system, which must ensure a balance between national security and the rights and freedoms of citizens. International support is also critical to strengthening legal stability and protecting democratic values. The results of the study can be used to improve legislation and law enforcement practice in Ukraine, as well as to increase the effectiveness of international support in the field of human rights protection. The practical significance of the work consists in providing specific recommendations for reforming the judicial system and strengthening international cooperation. The protection of constitutional values in the conditions of the Russian-Ukrainian war requires a comprehensive approach, which includes reforming legislation, strengthening the judicial system, and strengthening international cooperation. The importance of constitutional values not only does not decrease, but also becomes even more relevant in the conditions of the modern world, which requires joint efforts of all branches of government, civil society and international partners.

INSTITUTE OF ENSURING THE RIGHTS AND INTERESTS OF THE INDIVIDUAL IN THE FIELD OF CRIMINAL PROCEEDINGS (MONITORING THE LEGISLATION OF THE CIS COUNTRIES)Kairat Eslyamkalievich Ismagulov

The authors examined the issues of ensuring the rights and interests of individuals in the field of criminal proceedings both in the Republic of Kazakhstan and in other countries of the Commonwealth of Independent States (hereinafter referred to as the CIS). The protection of fundamental human rights and freedoms is a universal principle, since these values are subject to priority protection in all spheres of public and state life. Man, his rights and freedoms occupy a central place and dominate over all other humanitarian values. The protection of human rights and freedoms acquires particular socio-political importance in the field of criminal proceedings, that is, where law enforcement agencies have the capabilities of state coercion, allowing them to invade the sphere of personal interests and significantly limit them. The legal policy of the Republic of Kazakhstan has already solved a number of important tasks to improve criminal procedural legislation. Since 2015, a new Code of Criminal Procedure (hereinafter referred to as the Code of Criminal Procedure) has been in force, which has introduced many innovations to simplify, speed up, reduce investigative and judicial procedures, streamline and differentiate the procedural powers of persons conducting criminal proceedings, strengthen the status of the defense party, as well as ensure the rights and legitimate interests of all persons participating in criminal proceedings. In addition, new legal institutions, proceedings and norms have been introduced that bring the criminal process closer to successfully tested models for the investigation of criminal offenses and the administration of justice. Along with this, most legislative decisions, when tested by law enforcement practice, showed their weak (insufficient) effectiveness, inconsistency with the established provisions of the theory of criminal procedure law, the absence in law enforcement practice and in the theory of criminal proceedings of unified conceptual approaches to the volume, form, mechanisms and the limits of implementation of the constitutional principle of competition in regulating various legal relations in the area under consideration.

INVOLVEMENT OF MINORS IN THE CRIMINAL ENVIRONMENT AS A CRIMINAL LEGAL CATEGORY: QUESTIONS OF THEORY AND PRACTICE

The article examines the category of involvement of minors in the criminal environment within the framework of the criminal law analysis of Article 150 of the Criminal Code of the Russian Federation. Statistical data reflecting the dynamics of juvenile delinquency over the period from 2019 to 2023, as well as the number of serious and especially serious crimes committed by them, are presented in order to trace the impact of involving minors in the criminal environment on the possibility of subsequent commission by these persons of a single or group crime in the future. In addition, the main legislative and practical omissions related to the insufficient regulation of the mechanism for involving minors in criminal activity are outlined. The list of possible ways of such involvement of adolescents by adults has been supplemented. The main ways of preventive and preventive work in this area are also formulated in order to reduce and prevent the development of this negative phenomenon. Special attention is paid to the issue of the expediency of using the concept of "minor" in the context of Article 150 of the Criminal Code of the Russian Federation. The main analysis of the study is associated with the need to identify a causal relationship between the involvement of a minor in a criminal environment and the subsequent increase in the total proportion of crimes committed by minors independently or in a group. In conclusion, the author concludes that it is necessary to improve legislation and law enforcement practice in order to reduce the overall level of involvement of minors in the criminal environment, as well as to develop more effective preventive measures.

Ethical and Legal Analysis of Artificial Intelligence Systems in Law Enforcement with a Study of Potential Human Rights Violations in Indonesia

This research examines the ethical and legal implications of deploying Artificial Intelligence (AI) systems in law enforcement, with a particular focus on potential human rights violations in Indonesia. Utilizing a normative analysis approach, the study evaluates existing ethical frameworks, legal principles, and human rights standards to assess the governance and implications of AI-driven policing. Key findings indicate significant ethical concerns, including bias, discrimination, lack of transparency, and privacy violations. The legal analysis reveals gaps in Indonesia’s regulatory framework, highlighting the need for specific legislation to address AI’s complexities. Human rights implications, such as threats to privacy, freedom of expression, and equality, are critically analyzed. Comparative case studies from other jurisdictions provide empirical insights and underscore the importance of robust ethical and legal frameworks. The research proposes several recommendations, including the establishment of clear ethical guidelines, strengthening legal frameworks, enhancing transparency and accountability, promoting public engagement, and conducting regular impact assessments to ensure responsible AI governance in law enforcement. This study aims to contribute to the development of ethical AI governance frameworks and inform policy recommendations for responsible AI deployment in law enforcement practices.

REASONABLE PROFESSIONAL RISK EMPLOYEES OF SECURITY AND CONVOY UNITS OF THE POLICE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES

The article is devoted to the study of the issues of reasonable professional risk of employees of security and convoy units of the police in the performance of their official duties in situations involving risk (emergency incidents). The emphasis is made on the situations of necessary defense, infliction of harm during the detention of a person who committed a crime and extreme necessity. The paper analyzes the provisions of normative legal acts of the Russian Federation, law enforcement practice and legal literature in this area. This allowed the authors to conclude that, firstly, officers of security and guard units of the police have the right to risky acts in their professional activities, secondly, this right is conditioned by the presence of socially useful purpose, as well as the obligation to be sufficiently prepared for their official activities in any conditions, thirdly, the successful solution of other mentioned problems with the help of scientific research will facilitate the legal assessment of the validity of risky actions of officers of security and guard units.

LEGAL REGULATION OF THE RIGHT OF OWNERSHIP OF NATURAL RESOURCES IN THE ADOPTION OF AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN

The article considers some issues of legal regulation of the ownership of natural resources. Analysis of the problems of the content of the real right to natural resources under consideration and related legal relations, as well as consideration of effective recommendations for its development and improvement based on the study of the fundamental principles is the purpose of writing the work. The relevance of the topic is justified by the social value of the realization of the right of ownership of natural resources for the population and the state in terms of meeting their needs. The use of general and special research methods in interaction is necessary to substantiate the author's opinion. The specificity of the object of research consists in the impossibility of isolating a separate natural resource from the environment, therefore it must be considered in interaction with it. The paper deals with the content of the concept of ownership of natural resources, which is complicated by the lack of a definition of the concept of "natural resources" in the legislation. The application of this institution in legislation and law enforcement practice along with the concept of "components of the natural environment" creates difficulties, especially in determining the priority in regulating the ownership of natural resources by civil or environmental (natural resource) legislation. This issue becomes relevant in the light of the adoption of amendments to the Constitution, in particular, regarding article 6. The constitutional provision on the ownership of natural resources by the people requires amendments to other normative legal acts regulating relevant issues in relation to this right. By the resolution of the Constitutional Council, this property is public law. In this regard, the question of applying the state property regime to this property may be controversial, since state and public property are different concepts in which state and public interests are the objects of the goals pursued.

IT IS NECESSARY TO INCREASE THE EFFECTIVENESS OF THE FIGHT WITH CORRUPTION

The fight against corruption has been and still remains one of the important and unresolved problems of our state. One of the obstacles to solving this problem is the shortcomings of legislation and law enforcement practice. The insufficient effectiveness of the criminal legal fight against the most common type of corruption crime - bribery - lies in the violation of the principle of the inevitability of responsibility and punishment. Statistics show that a significant proportion of bribe-takers manage to avoid responsibility and punishment. That small part of those who have committed corruption crimes and who are sentenced to imprisonment serve it in more comfortable conditions than other convicts - in minimum security institutions, that is, in colony settlements. One of the gaps that exists in the criminal legislation of our country is the lack of rules on liability for offering, promising a bribe, giving consent to receive a bribe and demanding a bribe. The social danger of these actions lies in the fact that bribery is a criminal transaction, which is preceded by the conclusion of an agreement between the bribe giver and the bribe taker on the conditions for the parties to fulfill their obligations. This agreement is concluded on the part of the bribe giver in terms of time, the amount of the bribe (in some cases it is agreed to transfer the bribe in several stages) and the method of transferring the bribe; on the part of the bribe-taker - to perform certain actions (inaction) in favor of the bribe-giver or the persons represented by him. If the parties do not agree, the act of giving and receiving a bribe will not take place. Therefore, negotiations between the bribe giver and the recipient of a bribe, which can be assessed as an offer of a bribe, a promise to give a bribe, consent to accept a bribe, as well as a request or demand for a bribe, pose a public danger, since in most cases they end in the commission of a corruption crime: giving and receiving a bribe . To reduce the level of bribery, it is necessary to stop it at an early stage by establishing responsibility for the above actions. This will enhance the preventive role of criminal law in combating bribery.

THE ROLE OF EAEU LAW IN THE DECARBONIZATION OF ENERGY SYSTEMS OF THE MEMBER STATES AND SUSTAINABLE DEVELOPMENT OF THE GREEN ECONOMY

The article analyzes current problems of improving the rules of law of the EAEU aimed at decarbonizing the energy systems of the member states. The research was carried out using general and special methods of scientific knowledge, including formal-logical, the method of comparative law, etc. It contains proposals for improving the norms of law of the EAEU and the legislation of the Republic of Belarus, in particular, the introduction to the Law of the Republic of Belarus “On Environmental Protection” of 1992 special article 57.1 “Carbon units and carbon market”. The author notes the positive experience of the Republic of Kazakhstan in the field of decarbonization of the economy and concludes that it is advisable to use it in the Republic of Belarus and throughout the EAEU. The expediency of increasing the efficiency of the EAEU integration law is emphasized, including by consolidating the international obligations of the member states in the form of quantitative targets for the introduction of renewable energy sources and for ensuring access to common electrical networks. It is also proposed to establish obligations for Member States to adopt and implement energy efficiency plans, setting targets and reporting on their implementation. According to the author, in order to ensure the implementation of these measures, it is necessary to consolidate decarbonization, the development of renewable energy and increasing energy efficiency as the goals of the EAEU in the Treaty on the EAEU or in a special Appendix to it. The results of the study can be applied in the legislative and law enforcement practice of the EAEU, the Republic of Belarus and other member states of the EAEU.

Review of judicial practices of the civil court of cassation as part of the supreme court regarding the consideration of complaints on the actions or inactions of a private/government executive during the execution of court decisions in civil cases

The paper is devoted to the study of the judicial practice of cassation appeals of court decisions, namely the analysis of the judicial practice of the civil court of cassation as part of the Supreme Court regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions in civil cases. The main grounds for canceling or changing court decisions in the process of consideration of the specified category of cases have been determined. The analysis makes it possible to single out procedural errors, which form the basis for the cancellation of decisions of previous instances. A person who did not take part in the case, if the court decided the issue of his rights, freedoms, interests and (or) obligations, has the right to file a cassation appeal against the court decision only after it has been reviewed in the appellate procedure according to his appeal. After the opening of cassation proceedings based on the cassation complaint of a person who did not participate in the case, but the court decided the issue of his rights, freedoms, interests and (or) duties, such a person enjoys the procedural rights and bears the procedural obligations of a participant in the case. The cassation appeal concerns a question of law that is of fundamental importance for the formation of a unified law enforcement practice. The study of the practice of cassation appeals of court decisions in civil cases regarding the consideration of complaints about the actions or inaction of a private/state executor during the execution of court decisions makes it possible to single out typical violations that occur, taking them into account in practical activities, which allows to avoid violations of rights, freedoms and legitimate interests persons participating in the proceedings, and also contributes to the adoption of a legal, substantiated and reasoned court decision.

Law Applicable to the Procedure for Notifying a Party of a Court Proceeding on the Territory of a Foreign State

The paper examines the problem of legal uncertainty that arises when courts resolve the issue of the law applicable to the procedure for notifying a party to a court proceeding on the territory of a foreign state. The author identifies and considers two procedural stages at which the court is obliged either to determine in what order to notify the party, or to assess compliance with the notification procedure by another court. Based on the analysis of doctrine and law enforcement practice, the author identifies regulatory problems inherent in each procedural stage. The author concludes that, regardless of the procedural stage, there is no uncertainty about the applicable law if there is an international agreement between the States. The lack of an agreement makes law enforcement agencies look for alternative approaches that vary in practice. Based on a comparative analysis of approaches used in international practice, the author suggests ways available to the Russian regulator to overcome these problems in relation to each procedural stage.

Normative Content and Practice of Application of the Principle of General (Aggregate) Cost Coverage in the Budget System of the Russian Federation

The paper presents a comprehensive study of the importance of the principle of general (aggregate) cost coverage for the formation of the Russian budget system, formation of budget and tax legislation, implementation of modern budget policy and development of law enforcement practice. Special attention is paid not only to the doctrinal and theoretical understanding of this principle, but also to the systematization and research of various introduced practices of linking budget expenditures with specific sources of revenues (primarily mandatory public payments) or financing budget deficits. The paper presents various legislative proposals for the introduction of exceptions to the prohibition of linking budget expenditures and certain budget revenues, which were rejected due to their contradiction to the principle of total (aggregate) cost coverage. The study allowed the author to make proposals based on the constitutional principle of mutual trust between the State and society. By introducing a mandatory public payment, the payment of which is conditioned by the purpose of carrying out special expenses of public authorities, the state must create a guaranteed target mechanism for financing such expenses using special mechanisms for accumulating budget revenues.

Indonesian Agrarian Reform in Legal Perspective: A Critical Analysis of Presidential Regulation NO. 86/2018

Objective: The objective of this study is to investigate the development of Indonesian law in the digital era, focusing on the impact of technology on the legal and judicial system, law enforcement challenges, and personal data protection.. Theoretical Framework: This research is grounded in theories of legal modernization and cyberlaw. The study examines how technological advancements influence legal structures and practices, providing a solid basis for understanding the evolution of Indonesia's legal system in the digital age. Method: The methodology adopted for this research comprises a qualitative, descriptive-analytical approach. Data collection was conducted through literature reviews of journals, books, legal regulations, and reports from related institutions. Results and Discussion: The results revealed significant changes due to technology, including the digitization of legal documents, the establishment of e-courts, and the development of cyberlaw, which have increased efficiency and accessibility. However, challenges such as the classification of cyber offenses and inadequate regulations to keep pace with technological advancements were identified. The discussion contextualizes these findings within the theoretical framework, highlighting the implications and relationships identified, and considers potential discrepancies and limitations of the study. Research Implications: The practical and theoretical implications of this research include insights into improving legal processes and law enforcement in the digital era. These implications could impact regulatory frameworks and law enforcement practices in Indonesia.. Originality/Value: This study contributes to the literature by highlighting the transformative impact of technology on the Indonesian legal system. The originality of the research is evidenced by its focus on contemporary legal challenges and regulatory gaps in the digital era, offering valuable insights for policymakers and legal practitioners.

Between law and economics: about the scientific heritage of R. A. Posner

The author analyzes the life and scientific heritage of the famous American lawyer and federal judge R.A. Posner. The emergence of the scientific direction and academic discipline “economic analysis of law” is associated with his name. Attention is drawn to the ideological, theoretical and methodological foundations of this direction, associated with the extension of the basic postulates of neoclassical economic theory to the law. This is partly due to Posner’s ignorance of traditional legal issues of justice and his disdainful attitude towards the rule of law. Significant attention is paid to the evolution of the scientist’s views in the 21st century, which is clearly insufficiently paid attention to in domestic literature, especially economic literature. This evolution went in the direction of revaluing the role of the influence of the free market on economic processes and law enforcement practice, recognizing the more important role of irrational principles in human behavior. It is noted that modern researchers of the problems of interaction between law and economics, including the son of the hero of the article, Eric Posner, adhere to more moderate positions based on the equal interaction of law and economics.

Salini test: history and trends of law enforcement practice

Salini test: history and trends of law enforcement practice