Private Enforcement Of Law Research Articles

Assessing Challenges in Police and Private Security Partnership in Nairobi County, Kenya

In Nairobi County, Kenya, maintaining public safety needed coordination between private security firms and law enforcement. The primary goal of this study was to properly examine the obstacles they encountered. The study's purpose was to define the nature of collaboration within the historical framework of shared responsibilities, with an emphasis on identifying and comprehending the barriers to constructive cooperation.
 Our research took a complete approach, combining quantitative and qualitative methodologies inspired by the differential link notion and the theoretical foundations of systems theory. Nairobi was chosen as the primary data collection hub since it is home to many state and private security service providers.
 The results revealed a statistically significant link (r = 0.682; p 0.05) between the police force and private security firms, emphasizing the importance of their collaborative efforts to ensure public safety in Nairobi County. Accountability issues, insufficient information exchange, and a lack of a regulatory framework were discovered to be complicated (R2 = 0.713). Surprisingly, insufficient manpower, a lack of resources, and a centralized command system were the key causes of these failures.
 This study considerably contributed to the body of knowledge by filling a significant data vacuum regarding police-private security collaborations in Kenya. It also acted as a springboard for further research, supporting a more in-depth examination of Kenya's entire population preservation policy.
 The information acquired from this investigation was critical for politicians, law enforcement, and private security interests. The detailed examination and analysis of these limitations provided the basis for proposing targeted solutions that may improve collaboration, make the best use of available resources, and improve public safety throughout Nairobi County. This summary, which contained the methodology, important findings, and study impact, communicated the core goal of our investigation concisely and clearly.

International economic sanctions in civil international law: a theoretical aspect.

Modern international economic sanctions (unilateral restrictive measures) are a unique phenomenon and a vivid example demonstrating how the operation of the norms of private international law can affect the achievement of foreign policy goals. Being a public legal category in its essence, international economic sanctions have a significant impact on private law relations, including relations with a foreign element. Civil law and other relations complicated by a foreign element are subject to the influence of sanctions adopted by the competent authorities of foreign states: contractual, corporate relations, as well as relations within the framework of arbitration, enforcement of foreign court decisions and others. In this regard, private (civil) international law functions as a filter that translates economic sanctions of public law origin into the sphere of private law. Its main task is to choose the applicable law, and conflict of laws rules decide whether a specific international economic sanction applies to contractual relations between the parties or not. The author applies both philosophical and general scientific methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods) and methods specific directly to legal science (structural-logical, formal-legal, comparative-legal).The scientific novelty of the research lies in the comprehensive study of international economic sanctions in the context of private and public law. It is precisely private international law that can help to smooth out differences in national judicial practice in cases related to international economic sanctions. The article deals mainly with EU sanctions in the context of private international law, and also provides recommendations for improving and unifying EU sanctions regulation in the context of civil international law. The European sanctions regulation, being one of the most ancient, has a significant amount of judicial practice in the field of application and recognition of sanctions of a foreign state. The study of international sanctions in the context of private law relations can play a significant role in the development of the doctrine of private international law and law enforcement practice.

Behavioral analysis of cybercrime: Paving the way for effective policing strategies

This comprehensive survey paper offers a panoramic exploration of the dynamic realm of cybercrime policing, encompassing a wide spectrum of intricacies from cybercrime definitions to establishing a robust investigative framework. Navigating through the intricate tapestry of cybercrime, the study meticulously classifies and contextualizes cybercrime taxonomies, typologies, and defining attributes. Emphasizing the importance of a holistic understanding, the research dissects the stages of cybercriminal activities, shedding light on the multifaceted strategies employed in executing cybercrimes. By deconstructing the entire cybercrime lifecycle, this paper enhances the granularity of comprehending cyber incidents, consequently facilitating more effective investigative preparedness. An essential focal point of this investigation is the indispensable role of digital artifacts in the cybercrime landscape. The study underscores their pivotal significance in catalyzing cybercrime investigations and shaping the trajectory of law enforcement efforts. Additionally, the study probes the repercussions of cybercrime on victims, dissecting the complex interplay between public perception of policing and law enforcement’s perspective on victims. Amid the intricate challenges faced by cybercrime policing, the research uncovers diverse investigation approaches and underscores the criticality of well-defined digital investigation procedures. Moreover, the study delves into the symbiotic collaboration between public and private sectors, highlighting the joint efforts of private entities and law enforcement agencies in combatting cybercrimes. A cornerstone of this survey is the evaluative scrutiny of existing investigative models, culminating in the proposition of a robust and comprehensive cybercrime investigation framework. Rooted in meticulous research methodologies, this endeavor contributes a valuable resource poised to inform and guide future research in the ever-evolving field of cybercrime policing. As the digital landscape continues to evolve, this survey paper equips law enforcement with essential insights to navigate the complexities of cybercrime and safeguard digital realms with utmost efficacy.

Legal Support of Private Interest

There is no single point of view in legal science regarding the criteria for distinguishing public and private law. Moreover, there is no theory that would be recognized by most researchers. The reason lies in the fact that scientists in their works analyze public and private law in various aspects, in this regard, they identify such criteria of differentiation that cannot be universal.The paper considers public and private law from the standpoint of instrumental theory and define it as a system of legal means designed to satisfy public or private interests, respectively. The undoubted advantage of this theory is that it is not focused on the search for universal criteria for distinguishing public law from private law, but suggests focusing on legal means aimed at creating the conditions necessary to meet the diverse legal interests of legal subjects. It is proved that public and private law are an integral part of legal support. Legal support, depending on the purpose (the type of interest being satisfied — public or private), is proposed to be divided into two types: public law and private law. It is established that support of interests in private law differs from that one in public law in the following. It allows for the possibility of choosing or changing behaviors provided for by regulatory legal means through the manifestation of legal initiative on the part of legal entities, and the form of implementation of such an initiative is self-regulation. Legal relations on the implementation of legal means arising within the framework of private law enforcement of interests arise between legally equal subjects. Private law support of interests is designed to mediate such a type of activity as legal (legal realization) activity. Private law support of interests is characterized by such a type of legal regulation as permissive.

Türkiye’de Gıda Güvenliği ve Gıda Kolluğu

Food is an indispensable basic need for human beings. Food safety has become one of the elements of public order, as technological developments bring many new threats to food safety in contrast to the advantages it provides. Safe food does not pose a danger to human health, is ready for consumption, and complies with the legislation. Food law enforcement is an activity that requires technical knowledge and expertise and is among the private law enforcement agencies. To ensure food safety in Türkiye, the Ministry of Agriculture and Forestry carries out food law enforcement activities. In this study, food safety and food law enforcement organization, powers, and sanctions of food law enforcement are examined by Turkish legislation.

The Critical Counterpoints of Dataveillance Artists: Contesting the Authoritative Narratives of the Intelligence Community

AbstractArtists provide critical counterpoints to the assumptions held by private contractors, law enforcement, and intelligence agencies about dataveillance, i.e. the use of datasets to monitor, predict, and control behavior. Whereas analysts tend to see data as “raw” facts and the analytical process as narrowly empirical, dataveillance artists regard data as constructed artifacts and remain open to a multiplicity of epistemological approaches. This article discusses the work of ten post-Snowden dataveillance artists who enable critical reflection on the capacity of automated dataveillance to represent complex and indeterminate social phenomena while refuting a singular, authoritative story about dataveillance.

New Virginia task force announced to address TDO in MH crisis

Virginia Gov. Glenn Youngkin announced on Dec. 12 a major initiative, the Prompt Placement Temporary Detention Order (TDO) task force, ABC8 News reported. The task force is expected to bring together “government agencies, public and private hospitals, law enforcement, and other community partners to address the crisis facing people with TDOs who are waiting for behavioral health services,” according to a news release. “Virginia's current TDO process is bad for patients, care providers, families and law enforcement who wait with these patients for a placement,” said Virginia Secretary of Health and Human Resources John Littel in a release. “This task force is a key step in improving the behavioral health system across the Commonwealth [of Virginia].” The task force initiation comes after a year in which five of Virginia's eight mental health facilities shut their doors to new patients amid a staffing crisis that created dangerous conditions for workers. The facilities halted admissions in late July 2021 after 63 patients and employees were injured at the state's mental hospitals within just one month. TDO patients are often in a crisis and unable to receive care due to a lack of resources and barriers in the process, a spokesperson for the governor's office said. The goals of the TDO task force include: “Ending the TDO waitlist, finding rapid placements for individuals under a TDO, releasing police officers from spending significant hours away from patrolling the streets, ensuring the safety of all parties and setting the stage for lasting systematic change to the way Virginia processes TDOs,” said Youngkin.

PERSONAL DATA AS A CIVIL LAW CATEGORY

In the context of the development of information technologies, there is an urgent need to strengthen the protection of personal data, including by actively involving them in the sphere of civil law regulation and by expanding the application of the private law enforcement mechanism. Purpose: to substantiate the possibility of legal recognition of personal data as a civil law category and to identify the main directions of the legislation development in this area. Methods: methods of comparison, description, interpretation, formal and dialectical logic, legal-dogmatic and the method of interpretation of legal norms. Results: the research gives an opportunity to reveal the characteristics of personal data, which allow legally recognizing them as intangible benefits, acting as objects of civil rights; to establish the ratio of the right of a citizen to the protection of personal data and his right to privacy as independent, but intersecting concepts; to substantiate the role of the Federal Law «On Personal Data» as a law determining the basic conceptual apparatus in the field of personal data; to propose a conceptual approach to the formation of the legal regime of personal data by identifying general provisions and establishing specific legal regimes.

IRC §§ 7431 and 7433: Civil Remedies for Abusive Practices by the IRS

A government must have revenue to exist, and a government the size of the present-day United States government requires a staggering amount of revenue. As the revenue assessing and collecting branch of the government, the Internal Revenue Service performs the crucial function of ensuring the steady and continuous flow of revenue. To enable it to perform this function, Congress and the courts have granted the Service broad powers of investigation and seizure that are denied most other law enforcement agencies by statutory and constitutional safeguards, and have generally shielded the Service from accountability to the taxpayers involved or to any other authority.In 1976, however, Congress began enacting legislation intended to ensure the proper exercise by the Service of its extensive powers, and to prevent the misuse of the massive database that the Service has constructed on American taxpayers. Given the ever-expanding use of the tort system in the United States as a means of private law enforcement, it is not surprising that one of the tools chosen by Congress to police the Service was the taxpayer lawsuit for damages against the federal government. This Article will focus on two provisions, section 7431 (and its substantive base, section 6103) and section 7433, in which Congress established this method of accountability.

Data protection rules applicable to Financial Intelligence Units: still no clarity in sight

Financial information can play a key role in tackling money laundering, terrorist financing and combatting serious crime more generally. Preventing and fighting money laundering and the financing of terrorism were top priorities of the European Union’s (EU) Security Strategy for 2020-2025, which might explain the fast developments regarding legislative measures to further regulate anti-money laundering (AML) and counter terrorism financing (CTF). In May 2020, the European Commission put forward an Action Plan to establish a Union policy on combatting money laundering and shortly afterwards, proposed a new AML Package.Financial Intelligence Units (FIUs) play a crucial role in analysing and exchanging information concerning unusual and suspicious transactions, serving as intermediaries between the private sector and law enforcement authorities (LEAs). Such information includes personal data, which is protected under the EU data protection acquis. The latter is constituted of two main laws, the General Data Protection Regulation (GDPR), which applies to general processing and the so-called Law Enforcement Directive (LED) that is applicable when competent law enforcement authorities process personal data for law enforcement purposes.This Article argues that the current legal framework on AML and CTF legislation is unclear on the data protection regime that applies to the processing of personal data by FIUs and that the proposed AML Package does little or nothing to clarify this dilemma. In order to contribute to the discussion on the applicable data protection framework for FIUs, the assessment puts forward arguments for and against the application of the LED to such processing, taking into account the relevant legal texts on AML and data protection.

Retracted: Innovative approach for multimodal fusion recognition based feature extraction using band‐limited phase‐only correlation and discrete orthonormal Stockwell transform

Biometrics is the bureau of science that helps to measure the individual's features by utilising their behavioural and physiological characteristics. Since years ago biometric technology are contemplated to be a unique tool for other security purposes. Inauspicious biometrics, Ear recognition, and Finger Knuckle Print have been enchanted as a booming analysis with interests among several researchers in modern periods. It has an ample range of private and other law enforcement applications. A combination of multiple human attributes is authenticated and considered to be a competent strategy in case of a multimodal Personal authentication system. In this paper extracting the local and global features via the structure of the time-frequency domain has been studied. This proposed scheme exploits the analysis of dual biometric modalities i.e. Ear and Finger Knuckle Print which are carried out at the stage of feature-level fusion. The feature Extraction two biometric patterns are obtained by generating the Local and Global feature information that helps in refining the alignment of dual biometric images in matching i.e. Discrete Orth normal Stockwell Transform-Ear recognition and Band Limited phase-only correlation with Finger Knuckle Print. Experiment results conducted with these FKP and EAR are demonstrated in improving recognition of efficient accuracy.

The State’s Monopoly of Force and the Right to Bear Arms

In debates over the Second Amendment, the conventional view is that the government ought to possess a monopoly of legitimate force, subject to the right of individuals to act in emergency self-defense. Many treat the non-defensive circumstances in which our system decentralizes force as holdovers from days of nonprofessional police and soldiers. When it comes to the Second Amendment, many believe that the only legitimate reason individuals may bear arms today is for individual self-defense against isolated criminal violence (e.g., an occupied home invasion). This symposium article attacks the monopoly of force account, justifying the continued relevance of American law’s decentralization of legitimate force. This article argues that decentralization of force remains important for three reasons. First, despite the rise of professional police, American law enforcement still enforces law below desirable levels. Underenforcement of core crimes is particularly a problem in disadvantaged and rural communities and during times of civil unrest. Decentralization of force helps mitigate the underenforcement problem. And decentralization may be a better solution than simply providing more police because many areas where law is underenforced also (paradoxically) suffer from the effects of overcriminalization. Increased police presence could make the overcriminalization problem worse without solving the underenforcement problem. Second, American law has a mismatch between public duties and private rights. While providing effective law enforcement is a public duty, it is not a private right. Individuals, thus, have no effective claim that the government adequately enforce the law or protect them against unlawful violence. And any attempt to create such a private right would create profound separation of powers concerns. Consequently, self-help and private law enforcement are the best remedies when governments undersupply needed levels of police protection. Third, even if the “government” has a monopoly of force, it does not follow that government officers are the only ones in whom the government’s monopoly may be vested. The “government” is an incorporeal entity whose power must be exercised by human agents. Agents do not perfectly carry out the tasks of their principals; some government officers commit malfeasance and nonfeasance. The decentralization of force provides a remedy for such abuses of office. Ultimately, the article concludes that the individual right to bear arms still has relevance for public defense and security. This fact should warrant consideration when determining the scope of the right, including that the arms protected by the Second Amendment should continue to include those arms whose primary value is public security rather than individual self-defense.

‘Responsive’ Remodelling of Competition Law Enforcement

Abstract Over the years, regulators have sought to improve the effectiveness of both private and public competition law enforcement. In EU competition law, recent debates have concerned damages actions for competition law violations and the empowerment of national competition authorities. These debates are often premised on a clear dichotomy between public and private competition law enforcement, each pursuing a distinct set of aims. This article employs a novel holistic approach, which is informed by the theories of responsive regulation and restorative justice, and argues in favour of a ‘responsive’ remodelling of competition law enforcement. Such a ‘responsive’ remodelling advocates flexibility in enforcement mechanisms, with the consensual participation of the affected stakeholders and the adoption of remedies to restore the inflicted harm. The article discusses the current system and its respective aims and problems, and highlights an emerging hybridisation of remedies. Building on this emerging practice, it then constructs the ‘responsive’ remodelling benchmark for effective compliance. It discusses how this benchmark can inform competition law enforcement and it considers its potential to increase compliance, countenance various legitimacy and accountability concerns, increase consumers’ access to markets and bring benefits to the affected parties.

Beyond Skanska. The Court of Appeal of Leeuwarden’s Latest Decision in TenneT

The Court of Justice’s decision in Skanska constituted a milestone in the development of the rules on private enforcement of EU competition law. The Court settled the widely disputed question as to whether or not the concept “undertaking” has the same scope under the rules relating to public and private enforcement of competition law. The Court answered this question positively and deduced that the theory of economic continuity developed in EU competition law also applies in cases for damages caused by the infringement of the EU competition rules. Shortly after the Skanska decision a Dutch Court of Appeal deduced from the Skanska decision that a subsidiary can be held liable for damages caused by an infringement of the competition rules by its parent company. The case note discusses whether this indeed follows from the Skanska decision in light of the Court of Justice’s earlier case law on the theory of parent company liability and it relationship to the concept “undertaking”.

The influence of globalization on selected constitutive and regulating elements of the economic mechanism on the example of regional economic growth of new and old member states of the European Union

The constitutive principles, which define the economic order in the basic outline and set its basic parameters, together with the regulating principles that regulate the economy in the logic of its desirable economic and social development, form the basic building blocks of the economic mechanism. Globalization has significantly changed economic policy in both practical and theoretical terms. It has affected both elements constituting private property institute, pricing mechanism, free competition, law enforcement, contractual freedom and perfect information, as well as elements regulating in the form of general rules, short-term and long-term regulation instruments. The subject of this paper is the description and analysis of the influence of globalization processes on the development of selected constitutive and regulating elements of the economic mechanism, which ultimately influence the development of individual economic units. These globalization processes have either contributed to the convergence of the economic level of selected European regional economies, ie to real convergence, or have contributed to deepening the gap between European regions. The surveyed economic units will be the regional economies of the new and old EU Member States, which are regularly monitored by the European Union Statistical Office. This analysis will cover regional economic growth, specifically the development of regional gross domestic products.

Paradigms of EU Consumer Law in the Digital Age

The article analyzes the legal developments that can be observed in EU law on consumer contracts in an increasingly digitalized environment. It draws on the example of sale of goods, i.e. a type of contract that existed and exists both before and after the flourishing digitalization. Hereby, changes in paradigms can be seen most clearly. The main argument of the article will be that there is no formal separate set of law for cross-border online sales in the European context but rather that sales law in general is heavily influenced by a new paradigm of online sales. In this paradigm, the primary aim is no longer to protect individual autonomy and to level out parties’ interests (a party-centered perspective) but more and more to protect and facilitate markets (a market-centered perspective). While a focus on markets has always influenced the European Union’s view on consumer law, it could fully prevail only in the course of digitalization. This is, because cross-border consumption on a significant scale in the European Single Market was practically not feasible for consumers before the advent of online transactions. The shift towards a market paradigm is not limited to contract law in a narrow sense but extends to regulatory techniques in private international law, law enforcement, and developments in private contractual practice. Therefore, the article will trace the unfolding of an online paradigm and its leading role for consumer sales in general across different sub-areas. For example, it will analyze the principle of market orientation in conflict of laws, means of standardization and boosting consumption in substantive EU sales law, and the transformation of contractual relations in the platform economy.

‘The Public Force of the Private State’ – Strikebreaking and Visions of Subversion in Liberal Italy (1880s to 1914)

From the end of the nineteenth century onwards, Italy witnessed a significant increase in labour conflicts, trade unionism and social protests, all of which shook the foundations of the liberal state. Following the failure of the authorities’ attempts to deal with mass protests, efforts were made under the governments of Giovanni Giolitti to adopt new policing policies that embraced state neutrality in social conflicts and the deployment at the same time of substantial police forces to prevent the escalation of conflict and bloodshed. The success of these policies is highly questionable and there were major differences in this respect between northern and southern Italy, and between rural and industrial areas. Nevertheless, these policies contributed to the fear of abandonment and desire for revenge felt by significant sections of the propertied classes, and the issue of strikebreaking was at the centre of the controversy. Focusing on the Po Valley, this article first presents a broad overview of the political situation in Italy with emphasis on policing policies and work replacement, then analyses the various forms of legal and illegal private strike-breaker protection organizations that took on clear subversive aims. Drawing on newspapers and archival records, the article highlights the overlap between private and public law enforcement and the combination of coercion and consensus in the Italian countryside. The long-term consequences of the unresolved issue of strikebreaking and private policing help explain the rise of Fascism after the Great War.

Leniency in exchange for cartel confessions

Leniency offers corporations the possibility to come clean about their involvement in cartel conduct (for example, price-fixing, bid-rigging) in exchange for immunity or reduction of financial penalties. In Europe, nearly 60 percent of detected cartels are discovered through leniency. This makes leniency the most applied detection tool for uncovering cartel conduct violations. What are the considerations in applying for leniency or refraining from doing so? How do those considerations relate to private law enforcement through civil liability regarding business cartels? These questions are discussed based on semi-structured interviews ( n = 34) with cartelists, competition lawyers and in-house legal counsel to study theoretical assumptions underpinning leniency arrangements in the Netherlands. This study investigates four scenarios on the use of leniency suggested in the literature and finds empirical support for only two. Strategic use of leniency and false confessions occur in the Netherlands, but to a lesser extent than the existing literature suggests. Moreover, various disincentives, and especially the rise of private enforcement, make leniency an unattractive and uncertain option for cartelists.

Improvement of Social Control as a Direction of Crime Prevention

Changes in the system of public relationships determine the necessity of creating a crime prevention model that would take into consideration the specific features of social interaction in modern conditions. A key element of such a model is social control, whose subjects could be both state and private law enforcement bodies and representatives of civil society. However, there is a diversity in how different researchers understand the essence of social control, and the existing models are somewhat eclectic and not easily adjusted to changes, which could affect their effectiveness. The authors single out three key factors that should be taken into account when choosing the strategy of state policy in the sphere under consideration. The authors also prove that it is necessary to strike a balance between parental control and creating a space for self-development because self-identification and development of personal responsibility for one’s decisions are obligatory factors of socialization. It is noted that the effectiveness of the selected model of crime prevention depends on the integration of all objective and subjective factors that determine delinquent behavior in the system of social control. The transition from the positivist to the post-modernist model of crime counteraction is accompanied by numerous crises and conflicts of mental attitudes, which is typical for any global social transformation. The problems emerging in this connection in the post-Soviet states include the resilient dominance of the paternalist model of the state, the denial of personal social responsibility in exchange for security guaranteed by the state, which leads to a passive attitude of some part of the society and a low level of reflection on one’s place and role in the system of delinquent behavior’s prevention. The authors formulate key tasks of transforming the existing models of social control as directions of crime prevention.

Teaching how to stop the bleed: does it work? A prospective evaluation of tourniquet application in law enforcement officers and private security personnel.

Stop the Bleed (STB) program was launched by the White House, for the use of bleeding control techniques at the scene of traumatic injury. The purpose of this study was to conduct an STB course in private security and law enforcement personnel. Pre- and post-questionnaire using the Likert scale was shared with participants on their knowledge and comfort level with the use of tourniquets. Participants were also observed while placing tourniquets and the time for placement recorded. The didactic portion and practical session of the STB was then taught and participants were again observed placing tourniquets and a questionnaire distributed. Fisher's exact tests or Wilcoxon matched-pairs signed-ranks tests were used to compare pre-post measurements. A total of 151 subjects were enrolled over the course of seven sessions. The tourniquet was applied correctly by 17.2% (26/151) and 92.7% (140/151) at the pre- and post-instruction assessments, respectively (p < 0.001). Mean times to apply the tourniquet were 29.8 ± 18.5 and 18.7 ± 6.7s, respectively (p < 0.001). Subjects reported their level of comfort with the tourniquet to be 5.1 ± 3.3 and 8.8 ± 2.2, respectively (p < 0.001), and their familiarity with anatomy and bleeding control to be 5.2 ± 3.1 and 8.2 ± 2.4, respectively (p < 0.001). At the end of the course, the mean score in response to a question about the extent to which the explanation had helped was 9.0 ± 1.9 (95% CI 8.7-9.4) and to a question about the extent to which teaching would make them feel more secure and safe was 9.2 ± 1.9 (95% CI 8.9-9.5). STB course improved correct tourniquet placement, demonstrated dramatic improvements in application time, and increased levels of comfort. These findings validate the need for ongoing teaching and education.