Enforcement Practice Research Articles

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility of heads of courts (section 2)

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility of heads of courts (section 2)

ПУБЛИЧНОСТЬ КАК ДОКАЗАТЕЛЬСТВО РАСПРОСТРАНЕНИЯ ИНФОРМАЦИИ, НЕ СООТВЕТСТВУЮЩЕЙ ДЕЙСТВИТЕЛЬНОСТИ, ВЛЕКУЩЕЙ ЗА СОБОЙ ЮРИДИЧЕСКУЮ ОТВЕТСТВЕННОСТЬ

. In the Russian Federation, the dissemination of information is carried out freely in compliance with the requirements established by law. The criminal, administrative and civil legislation of the Russian Federation ensures the protection of the rights, honor and dignity of a citizen, and, in particular, the business reputation of internal affairs bodies. The considered factor of publicity of information dissemination is a qualifying feature in the organ-ization of the protection of honor, dignity and business reputation of employees of the internal affairs bodies of the Russian Federation. The article provides an analysis of law enforcement practice in this area, examines ways to determine whether the information reported about a person is defamatory, analyzes the content of statements, the communicative situation, the form of assessment and the fact of orientation to public dissemination to other persons. The dissemination of deliberately false information violates the interests of individuals, society and the state. The authors note the need for the correct qualification of the act as defamatory and the development of dispute resolution measures.

Анализ и оптимизация нормативно-правовой базы в области применения огнестрельного оружия сотрудниками полиции

The article analyzes the provisions of the key act in this area — the Federal Law “On Police”, concerning the grounds and procedure for the use of firearms by police officers, with a parallel appeal to criminal law norms regulating the circumstances, the identification of which levels the criminal nature of the act. Based on the practice of law enforcement, it is concluded that the key problem in this area is the assessment of the legality of the actions of a police officer when using firearms. Recommendations are proposed for improving and specifying the regulatory regulation of the conditions and procedure for the use of firearms by employees of the internal affairs bodies of the Russian Federation to give the missing certainty and clarity.

Vectors of Legal Interpretation Activity when Interpreting Contracts

Introduction: the official interpretation of the norms of law is one of the elements that support the efficiency of the mechanism of legal regulation in public relations. In the vast majority of cases, it is implemented in relation to the norms of the law, but its role is not limited to this area alone. The official interpretation of contracts has an independent significance in law, which, due to its lack of study, requires increased attention. Purpose: to consider specific areas of using the official interpretation of the law in interpreting the content of contracts, an attempt to systematize knowledge about contractual legal interpretation activity. Methods: the methodological framework for the study is a set of methods of scientific cognition, including systematicity, analysis, comparative law, and formal law. Results: the author’s position, substantiated in the work, on the possibility of identifying the vectors of legal interpretation activity in the interpretation of contracts is based on the work of individual scientists, the provisions of current legislation, interpretative acts of the supreme judicial authorities of the Russian Federation, and the results of law enforcement practice. Conclusions: as a result of the conducted research, it was found that specific independent and interrelated directions of official interpretation should be recognized as vectors, which are aimed at ensuring a clear understanding of the methods of concluding and executing contracts. It is advisable to consider them as some kind of starting point, landmarks that contribute to the systematization of all interpretative activities and characterize interpretation as a single production process. Their presence makes it possible to influence the contractual interpretation point-by-point and, if necessary, adjust the latter to the required extent. The list of vectors of legal interpretation activity in the interpretation of contracts is not exhaustive.

Защита прав несовершеннолетних в алиментных правоотношениях

Based on the analysis of federal legislation and law enforcement practice, the author examines the issues of protecting the rights of minors in alimony legal relations. It is concluded that despite the purposeful work of state bodies to ensure the right of citizens to receive alimony in a timely manner, a significant number of debtors on alimony obligations are avoiding financial responsibility. The article analyzes the latest legislative initiatives aimed at encouraging parents to conscientiously fulfill parental responsibilities for the maintenance of minor children. The necessity of improving the mechanisms for protecting the rights of minors in this area is substantiated.

Notarial Documents in Electronic Format as a Means of Proof in the Field of Marital and Family Relations

Introduction: in a contemporary context, a notary is not conceivable without electronic documents; notary practice is immersed in electronic document management. Notarized evidence in electronic form is a multifaceted and widely used means of proof. The proof provided by a notary in electronic format can be fully used by participants in marriage and family relations, wherein, in addition to the legal aspect, there are many moral and ethical situations. The norms of the current legislation of the Russian Federation enshrine a mention of the procedure for providing electronic proof by a notary, but there is no detailed regulation of it. This type of proof is grouped separately in normative legal acts and is only mentioned in the explanations of the higher courts. The doctrine has not developed a unified approach to the provision of electronic proof by a notary. In notarial practice, there are cases of refusal on the part of notaries to inspect information in electronic form. Considering the above, the author formulated the purpose of the study: the identification, analysis, and formulation of signs of notarial documents in electronic format, allowing them to be recognized as a means of proof in the field of marital and family relations. The purpose setting led to the solution of the following tasks: the consideration of the legal possibilities of notaries to create electronic proof in a broad and narrow sense; the analysis of the norms of existing legal acts, the explanations of judicial practice and the work of civil lawyers dedicated to providing electronic proof by a notary; the identification and establishment of the fundamental signs of electronic proof provided by a notary as a means of judicial protection; the definition of the concept and types of electronic proof provided by a notary, their classification; the consideration of examples of the use of electronic proof provided by a notary in the field of marital and family relations and the identification of technical and legal advantages of such use. Methods of the research of phenomena and processes: dialectical, formal legal (dogmatic), the method of comparative jurisprudence, and concrete social and comparative law methods. The research is based on the method of analyzing current Russian legislation and law enforcement practice. Results: the substantiation of the technical and legal advantages of using notarial documents in electronic format as a means of proof in the field of marital and family relations. The present study is based on: 1) determining the legal nature of proof and its essential characteristics; 2) the projection of these characteristics onto evidentiary information in electronic form; 3) the identification of legal and software-technical signs of electronic proof and the establishment of types of electronic proof; 4) the particularization of using electronic proof; 5) the justification of using a notarial document in electronic format as a means of proof; 6) the analysis of the procedure for providing electronic proof by a notary and the identification of the legal features of such a procedure; 7) the classification of electronic proof that can be provided by a notary; 8) the illustration of the advantages of using proof provided by a notary in electronic form through the example of marital and family relations. Conclusions: as a result of the research done: 1) the absence of legal norms regulating the activities of notaries to provide electronic proof is established; 2) the legal and practical need to group electronic proof provided by a notary into a separate type is identified, as well as the establishment of signs that allow identifying this proof; 3) a number of advantages associated with the use of electronic (digital) proof provided by a notary are identified, including their prejudicial value as well as their lack of validity; 4) the definitions of electronic proof and electronic proof provided by a notary are disclosed, and the classifications are proposed; 5) examples of the use of electronic proof in the fields of marriage and family relations are shown.

НАПРАВЛЕНИЯ СОВЕРШЕНСТВОВАНИЯ ПРАВОВОГО РЕГУЛИРОВАНИЯ ГЛАСНОГО ОБСЛЕДОВАНИЯ ПОМЕЩЕНИЙ, ЗДАНИЙ, СООРУЖЕНИЙ, УЧАСТКОВ МЕСТНОСТИ И ТРАНСПОРТНЫХ СРЕДСТВ

The article deals with issues related to the modern legal regulation of the ORM «inspection of prem-ises, buildings, structures, terrain and vehicles», conducted in a public form. The author analyzes the operational investigative legislation, as well as departmental regulations governing the procedure for conducting the OPM under consideration. The article considers the problem of documenting the results of the OPM under consideration. Taking into account the analysis of law enforcement practice and doctrinal sources, the author makes recommendations concerning the improvement of the legal regulation of the public survey.

Forms of Expression of Will in Civil Transactions

Introduction: the relevance of the topic is related to the emergence of new electronic forms of expression of will when making transactions, which has necessitated ensuring their security in the digital environment. The purpose of the study is to solve the problems of the form of expression of will of parties to civil transactions, including transactions concluded in electronic form by means of information and communication systems. Methods: in preparing the study, the dialectical, logical, and comparative law methods were used, which made it possible to analyze various approaches to classifying forms of expression of will, including oral, written, and other forms, and their legal significance in the context of current legislation. Results: the paper analyzes various forms of expression of will that are important for the validity and enforceability of transactions. The doctrine and judicial practice related to the digitalization of the expression of will have been studied. The problem of ensuring the protection of the rights of parties to electronic transactions related to the identification and authentication of the parties in the digital environment is analyzed. The ways to improve the regulatory framework to take into account the development of digital technologies and ensure the protection of the rights of parties to transactions are proposed. The scope of the results: the approaches outlined in the study to solving the problems of expression of will in the digital environment can become the basis for improving the current civil law legislation; they can serve as the basis for further scientific research in this area; and they can improve law enforcement practice. Conclusions: the proposals related to solving the problems of identification and authentication when entering into the transaction are substantiated. It is proposed to use blockchain technology to solve the problem of confidential data security on the one hand and transparency on the other. The need to fix in the law the methods of electronic transmission of legally significant messages is justified.

Interviewing and interrogation practices and beliefs, 20 years later: A national self-report survey of American police.

This survey examined current law enforcement beliefs and practices about interviewing and interrogation to gauge whether they have evolved given the research and training developed over the past 20 years. We hypothesized that police beliefs and practices would have evolved along with research findings over the past 20 years. We surveyed 526 law enforcement officers about the practices and beliefs regarding interviewing and interrogation. We asked questions about officers' beliefs about rates of true and false confessions, time spent in the interrogation room, beliefs about their ability to detect deception, training experience, practices of recording interrogations, and their self-reported use of interrogation techniques. Overall, when we compared our survey with Kassin et al.'s (2007) seminal survey, we found both similar results and evolving positive trends. The average interview was reportedly 1.6 hr, virtually no different from that in Kassin and colleagues' study. In addition, our sample reported that 26.2% of innocent suspects at least partially falsely confessed. Further, whereas Kassin and colleagues found that fewer than one in 10 interrogations were video recorded, we found that now more than half of interrogations are recorded in this way. In a geographically diverse sample of U.S. law enforcement officers, we found significant positive trends toward knowledge and practices informed by research generated over the past decades on interviewing and interrogation. Although causality could not be determined, these findings indicate an evolution of the U.S. law enforcement mindset in a more science-based direction. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Issues of protection of public interests in the law enforcement practice of bankruptcy of strategic enterprises

The article is devoted to the scientific understanding of the current state and prospects for the development of the legal institution of bankruptcy of strategic enterprises in our country from the point of view of the need to ensure a balance of private and public interests in this area. The author conducts a retroactive analysis of the development of legal approaches to key issues arising in the bankruptcy of strategic organizations, analyzes positive and negative trends in law enforcement practice in this area. Based on this analysis, the author makes specific proposals for improving the current legislation in the field of bankruptcy of strategic enterprises, justifies the need to tighten the qualification requirements for court-appointed candidates for arbitration managers of strategic enterprises and organizations.

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility Of heads of courts (section 1)2

In the first part of this article (“Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary liability?”) the modern problems of the mechanism of judges’ responsibility for disciplinary misconduct were considered. This second part of this article examines the current problems of the organizational and legal mechanism of disciplinary responsibility of heads (chairmen and deputy chairmen) of courts. Attention is drawn to the fact that the status of heads of courts is twofold: on the one hand, they are judges who directly administer justice, on the other hand, heads of a judicial body with powers and responsibilities to organize the work of the court (to ensure, within their powers, financial, material, resource, information and other parties), the implementation of general management of the activities of the court’s staff, and most importantly, to ensure the judicial and effective operation of the court on the principles of justice. Attention is drawn to the fact that the current legislation (and even partly the Constitution of the Russian Federation) provides for the responsibility of heads of courts for gross misconduct, which does not qualify as disciplinary, and the penalty for it is one – early termination of the powers of the head of the court, and in some cases the powers of a judge, without the possibility of applying other, less severe, penalties (penalties). It is proposed to formalize some new, real-life functions of the heads of courts with the establishment of a mechanism for their non-fulfillment. It is proposed to introduce the institution of the oath of the head of the court (separate from the oath of the judge) with the introduction of liability for violation of this oath, in particular for interference in the judicial activities of judges of the court headed by this head. Other proposals are also being made.

Система административных судов в Кыргызской Республике: становление, особенности, направления совершенствования

An important result of the judicial reform in the Kyrgyz Republic is the adoption in 2017 of the Code of Administrative Procedure and the creation of a system of administrative courts. The article shows the specifics of the model of administrative justice that has developed in Kyrgyzstan. Based on the analysis of legislation and law enforcement practice, a set of measures for its further improvement is proposed: changing the territorial organization of the courts of appeal, ensuring the possibility of using digital technologies in the administration of justice, restoring the supervisory authority, clarifying a number of administrative procedures.

Термин «управление транспортным средством»: понятие и содержание

A study of the provisions of the current legislation made it possible to identify the lack of legal interpretation of the term «driving a vehicle». A comprehensive systematic analysis of legal regulation and materials of law enforcement judicial practice in the field of road traffic allowed us to formulate the author’s meaning of the concept of “driving a vehicle,” as well as the author’s recommendations aimed at improving the legal framework and law enforcement practice in the area under study. At the same time, the author proposes to introduce the specified term and its content into scientific circulation.

DISSENTING OPINION: A DIFFICULT PATH TO FINDING THE TRUTH (BASED ON THE EXAMPLE OF UKRAINIAN JUDGES' INTERPRETATION OF CRIMINAL PROCEDURAL LAW)

The article is devoted to the issue of the dissenting opinion of a judge, which is relevant to modern law enforcement practice and legal theory and which may be expressed when a judge who participated in a collegial consideration of a case does not agree with the position of the majority of the panel of judges. The authors analyse the existing approaches to the institution of dissenting opinions in different legal systems, the factors that negatively affect the existence of dissenting opinions in the justice system, provide examples of dissenting opinions of Ukrainian judges expressed in different jurisdictions, their significance for law enforcement practice and the public outcry they caused. It addresses the procedural issues that may potentially arise during the judicial proceedings and the formation of a dissenting opinion of a judge. The authors conclude that the institution of dissenting opinion is of undoubted value for justice and the authority of the court in the State and emphasise that the specifics of the text of a judge's dissenting opinion against the background of lapidary normative regulation by the rules of procedural law may indicate the genre independence of the content of a dissenting opinion in judicial discourse as compared to a court decision. The authors propose the concept of dissenting opinion, by which they mean an official legal position of a judge which is formed during collegial consideration of a case as a result of an internal conviction which does not coincide (partially does not coincide) with the position of the majority of judges in terms of reasoning or final conclusion, and which is formalised in a procedural document which is an act of competent (professional) and doctrinal judicial casual interpretation. In addition, the authors present synthesised features which characterise a judge's legal opinion as a dissenting opinion, including the statement that it is undoubtedly a phenomenon of a democratic society; it has the features of an institution of law, albeit with lapidary normative regulation; it is issued by a judge within his/her competence as a result of judicial discretion and inner conviction; has a prognostic and forward-looking character, since it sometimes serves as a means of overcoming outdated views that impede progressive legal development, evolution of sustainable approaches, and as a basis for the formation of a new legal position, which in the future may be transformed into a majority position and become a sustainable practice; besides, it is derivative, optional, as it is not binding, unlike a court decision, and is not an act of justice, as it is not issued in the name of the state and is not a mandatory part of a court decision.

Elements of evidence in civil jurisdiction and notary proceedings

This article covers research in the comparative aspect of the process of procuring evidence in civil proceedings and notarial proceedings, specific features of the elements of evidence in the notarial process, the peculiarities of the rules for determining the factual material to be established when a specific notarial act is performed, and the submission of evidence to support them. The essence of the proceduralists’ scientific discussion regarding the definition of the concept of evidence, its elements and subjects, as well as the obligations of evidence are covered. On the basis of the analysis of the positions of the authors expressed in the science of civil procedural law, which substantiate the opposite approaches to the mentioned issues, it is determined that the basis of this scientific discussion is the disagreement of views on the court as a subject of evidence. It is recognized that filling the terms “evidence” and “proving” with different meanings is not convincing, is not based on current procedural legislation and does not meet the interests of law enforcement practice. The article proves that the exclusion of the court from the subjects of evidence (even in relation to such an element as the collection of said evidence) contradicts the rules of evidence provision established in the current civil procedural legislation. It is concluded that such elements of evidence as indication of facts, determination of evidence, collection of evidence, research of evidence, evaluation of evidence are characteristic of civil proceedings. At the same time, it is advisable to determine the composition of subjects not for the entire procuring evidence process as a whole, but separately for each of the specified elements. For example, the court is not the subject of presenting evidence, but is the subject of research and evaluation of evidence. Evidence in a notarial process is considered as a procedural activity of notarial bodies and interested subjects of notarial proceedings, aimed at establishing legal facts necessary for the issuance of a legal and substantiated notarial act. The article substantiates that the establishment of the presence or absence of certain legal facts, with which the possibility of applying the relevant norm is connected, is carried out only within the scope of the procuring evidence process, according to special rules that provide for the rights and obligations of the subjects of notarial proceedings regarding submission, research and evaluation evidence, and have significant differences from similar rules in civil proceedings due to the undisputed nature of notarial activity.

Implementation of Advanced Legal Regulation by Local Self-Government Authorities in Law Enforcement Practice Materials

Implementation of Advanced Legal Regulation by Local Self-Government Authorities in Law Enforcement Practice Materials

О процессуальном значении действий ответчика по фактическому исполнению требований истца до вынесения решения

Based on the analysis of doctrinal sources and law enforcement practice, the article examines the question of the procedural significance of the defendant's voluntary satisfaction of claims after filing a claim in court, but before making a decision. The author concludes that the actual fulfillment by the defendant of the plaintiff's claims after the initiation of civil proceedings is similar in nature to the recognition of the claim by the defendant.

Gender Inclusivity in Law Enforcement: Impact of Gender-Responsive Policing in Region IV-A, CALABARZON

This study investigates the status of gender equality in law enforcement, gender consideration and discrimination, gender safety in transportation, and the extent of gender-responsive policing. Employing a quantitative research design, the study sourced data from 165 participants through purposive sampling, which was sanctioned by the Land Transportation Office in Region IV-A CALABARZON. Findings reveal a young to middle-aged participant profile, predominantly with higher education, suggesting a potentially elevated perspective on gender inclusivity informed by their educational experiences. High mean scores across gender inclusivity metrics indicate a positive perception of gender equality, particularly in terms of economic participation, opportunities, and law enforcement practices. However, certain areas have highlighted the need for further research, especially regarding discrimination in career advancement. This study underscores the significant role of GROs in enhancing perceptions of gender equality and safety. This emphasizes the importance of fostering a positive community reception toward gender-responsive policing initiatives contrary to the initial hypotheses. Demographic profiles, including age and training received, were not significantly correlated with perceptions of gender-responsive policing, directing attention to areas warranting further investigation.

ORGANIZATIONAL AND LEGAL ASPECTS OF THE REGULATION OF LABOR RELATIONS OF AN EDUCATIONAL ORGANIZATION AND AN ADVISER TO THE DIRECTOR OF EDUCATION

Legal aspects of regulating labor relations with the participation of an educational adviser ("adviser to the director of education and interaction with children's public associations"), in the context of a significant number of publications, instructions and the professional standard "Specialist in the field of education", gaps remain in the practice of an educational organization. Law enforcement practice demonstrates problems in the field of concluding an employment contract and its essential conditions, securing a list of labor functions, securing a position in the staffing table, calculating wages, etc. The purpose of the article is to identify organizational and legal gaps in the regulation of the work of educational advisers. The subject of the study is the Institute of labor relations with the participation of teaching staff, since the position of adviser is attributed to the positions of teaching staff. The result of the study is the systematization of gaps in the organizational and legal aspects of regulating the work of an educational adviser. The novelty of the research lies in the generalization of the regulatory and legal practice of ensuring the activities of an adviser in an educational organization. For the science of labor law, the article is of interest, since it has been proved that the position of an education adviser belongs to the positions of teaching staff based on an analysis of the specifics of labor relations. The author's assessment of the adviser's place in the structure of educational legal relations, due to the peculiarities of the legal status of the employee, becomes a component of scientific novelty.

Consent to Search of Dwelling: Current Issues in Law Enforcement Practice

Consent to Search of Dwelling: Current Issues in Law Enforcement Practice