Problems Of Law Enforcement Research Articles

War and criminal law policy of Ukraine: challenges and responses

The article is devoted to the characteristics of the main challenges of the war for the development of Ukrainian society and the state and responses to them in the field of criminal law policy formation and implementation. The purpose of the article is to provide a systemic characterization of the changes that have taken place in the Criminal Code of Ukraine since February 24, 2022 and are aimed at responding to challenges related to martial law, as well as determining their necessity, sufficiency, and adequacy.
 The empirical basis of the study is made up of the materials of 225 court verdicts for the commission of criminal offenses provided for by Articles 111, 111-1, 111-2, 114-2, 436-2, 438 of the Criminal Code of Ukraine, as well as the results of expert assessments and surveys of 92 employees of pre-trial investigation bodies of the National of the police, 35 employees of the prosecutor’s office, 30 investigators of the Security Service of Ukraine in Kharkiv, Odesa and Zaporizhzhia regions. The analysis of these sources made it possible to identify and describe the existing problems of criminal law regulation of social relations in a number of spheres, which have been exposed to the greatest negative influence since the beginning of the full-scale war of the Russian Federation against Ukraine.
 A description and explanation of the main and indirect threats associated with the full-scale armed aggression of the Russian Federation against Ukraine is provided. The changes in the law on criminal liability, which occurred as a reaction to the specified threats in the form of criminalization of socially dangerous acts, as well as in the practice of applying criminal law norms on collaborationism, aiding the aggressor state, justification, denial of armed aggression against Ukraine, war crimes, etc., are analyzed. Their shortcomings and defects are identified, proposals are formulated for their elimination through improvement both at the law-making and law-enforcement levels. The need for Ukraine to ratify the Rome Statute of the International Criminal Court and the Kampala annexes to it is emphasized. Equally significant is the improvement of domestic legislation and the practice of its application in relation to countering collaborationism, aiding the aggressor state, as well as war crimes, crimes of aggression, and crimes against humanity.
 The inadequacy of the application of norms on war crimes in those cases in which terrorism takes place has been established at the level of a separate scientific and law-enforcement problem. The possibility of the coexistence of the phenomena of terrorism and aggressive war, the presence of signs of war crimes and terrorist acts in the actions of combatants has been proven. The key factor in distinguishing these phenomena should not be the international legal status of the guilty person as a combatant, but the content of the subjective side of the composition of the criminal offense with a significant coincidence of the signs of the objective side of war crimes and terrorist acts.

The system of norms on intentional homicide in the Criminal Code of Ukraine as a legal and technical prerequisite for the problems of their qualification according to the totality of crimes

The article is devoted to the study of the problems of the legal and technical description of the signs of premeditated murder in the system of norms about this offense in the Criminal Code of Ukraine in terms of their influence on potential problems of qualification for a set of criminal offenses. The Criminal Code of Ukraine contains a fairly extensive system of legal provisions that regulate responsibility for various types of murder. At the same time, the legislator uses various methods of describing the features of the composition of murders, some of which become nothing more than a legal and technical prerequisite for the emergence of problems in the future criminal-legal assessment of the committed murder in combination with other criminal offenses. A review of the system of norms on intentional homicide in the Criminal Code of Ukraine will help to determine the justification of the legislator’s use of those techniques of legal technique that can create potential problems of law enforcement. The purpose of the article was to highlight the system of norms on intentional homicide in the Criminal Code of Ukraine and the peculiarities of its normative regulation as a legal and technical prerequisite for the problems of qualification of intentional homicides by the totality of crimes. An attempt will be made in the article to prove the possibility of simplifying the description of the features of the composition of murders as a means of eliminating the problems of their adequate criminal-legal assessment. The information presented in the work gives grounds for the conclusion that the legislator’s use of unsuccessful legal and technical techniques in the construction of the articles of the Special Part of the Criminal Code of Ukraine, which contain a system of norms on responsibility for intentional homicide, creates potential problems in the application of these norms, calling into question the need to qualify the crimes committed offenses under a set of crimes. In this regard, it seems appropriate to introduce such changes to the Criminal Code of Ukraine that would remove doubts about the need to apply the general rule on murder, provided for in the relevant part of Art. 115 of the Criminal Code of Ukraine in combination with the norm on another criminal offense committed by a person. Such a legislative decision will make it possible to adequately qualify everything committed even if the attitude to the consequences in the form of death on the part of the guilty person was careless. In this case, the person may additionally be incriminated by the norm provided for in the relevant part of Art. 119 of the Criminal Code of Ukraine.

Securitization of Terrorism and Human Rights Protection in Indonesia

This article discusses Indonesia’s strategy to overcome terrorism which is slightly different from the global approach to counter-terrorism that uses a war strategy and involves regular troops. The Indonesian strategy results from a tug-of-war between the government and civil forces, namely Islamic groups and human rights organizations. Civil society groups, to some extent, have succeeded in preventing the use of military methods that have harmful implications for human rights. Using the securitization theory, this article reveals how government, Islamic groups, and human rights proponents contest to win influence in society. If the government undertakes securitization, civil society groups conduct desecuritization and place problems in law enforcement and human rights. The authors have used media reports, documents, and interviews to strengthen the analysis.
 Keywords: terrorism, Indonesia, human rights, Islam, and civil society

Criminal law novel about justifying the armed aggression of the russian federation against Ukraine (article 436-2 of the Criminal Code of Ukraine): law enforcement and law-making problems

Purpose. Critical reflection on the criminal law novel provided for by Art. 436-2 of the Criminal Code of Ukraine, the results of which should be: firstly, recommendations are proposed for resolving those debatable issues, the presence of which can cause the greatest difficulties in the law enforcement process; secondly, the shortcomings inherent in the analyzed norm were identified and proposals were made for their elimination. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. Philosophical, general scientific and specifically scientific methods were used to cover the relevant issues. In particular, the method of system-structural analysis was used both in the study of the links of the criminal law prohibition under consideration with the legal system of Ukraine as a whole, and with other norms and institutions of the General and Special Parts of the Criminal Code of Ukraine. The author used the formal-logical (dogmatic) method in interpreting the relevant norms of the Criminal Code of Ukraine. Based on the results of writing the article, recommendations were formulated aimed at improving the criminal legislation and optimizing law enforcement practice. The scientific novelty lies in the fact that the study made it possible to formulate specific recommendations for resolving conflicts between Part 1 of Art. 111-1 and Art. 436-2 of the Criminal Code of Ukraine, as well as for the first time to voice proposals to improve the structure of Art. 436-2 of the Criminal Code of Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in rule-making activities to improve the criminal legislation of Ukraine on countering the crimes under study, as well as in research activities and the educational process - as the basis for further scientific research on the problems of criminal liability for the commission of criminal offenses under consideration.

Unauthorized Buildings: Problems of Law Enforcement

The paper is devoted to such a legal phenomenon as unauthorized construction. Unauthorized construction of buildings and structures has become widespread in modern Russia. Despite the external legalization of such buildings, many of their owners subsequently face the problem of recognizing such buildings as illegally built and the threat of demolition. The paper analyzes in detail the criteria of unauthorized construction established in civil legislation, concludes that these criteria have passed the test of time and have practically not been subjected to changes introduced into the legislation on unauthorized buildings. Moreover, they were also transferred to the draft law on reforming the Section of the Civil Code of the Russian Federation regulating property rights. The courts, when considering cases of unauthorized buildings, meet bona fide developers who did not know and should not have known that their construction was illegal, as they took all necessary measures to obtain a construction permit. One of the measures aimed at protecting bona fide developers was the provision of the law on the non-recognition as an unauthorized construction of a structure erected in violation of restrictions on the use of land, if at the time of its construction the developer did not know and could not know about the effect of such restrictions. This exception applies to construction in areas where the use of territories is limited. It was often not possible to find out about the location of these territories before. However, at present, buildings constructed in such zones are under threat of demolition. Disputes on this topic are not unique in judicial practice; they can also be brought to the European Court of Human Rights. It seems unfair to the author to demolish such buildings without paying the developer fair compensation, since the state itself often fails to provide conditions for informing the population about the existence of such zones in a particular area.

Implementation and Improvement of China's Customs Law under International Public Health Emergencies from the Perspective of COVID-19 Prevention and Control

This paper mainly from the actual point of view, from China's customs has taken measures, law enforcement problems encountered in the process and measures can be taken to solve the problem of three aspects of analysis. First of all, in terms of the measures already taken by the customs, China's customs from the exit quarantine, entry quarantine and help the domestic economic development three aspects, took strong measures to deal with the negative impact of the epidemic, the second is from the current problems of China's customs, the customs announcement of the existing problems, law enforcement efficiency and law enforcement scale of the problem analysis, the third is the existing problems put forward to solve the problems, this part from the enhancement of the sense of cooperation between officials and people, Improving the efficiency of law enforcement and increasing the basis of law enforcement in three aspects.

Internet Space and Artificial Intelligence: Problems of Entrepreneurship and Law Enforcement

Introduction: the author investigates the problems of carrying out a special type of entrepreneurial activity – advertising goods and services by public-media individuals on the Internet, through their personal accounts in social networks. Formally, these individuals are not individual entrepreneurs they mention certain goods and services indirectly, in the process of communicating with other users of social networks. Such an advertising business is based on the analysis and accumulation of user search queries, because of which special computer algorithms are launched, and instantly give this user numerous answers and suggestions about goods and services. In the current period, such remote services in the information and communication network Internet are provided to users with the help of artificial intelligence. Methods: a number of problems of using artificial intelligence are highlighted, the features of the legal responsibility of the person who owns this computer-software resource, as a person who is an employer from the standpoint of labor law, are revealed. Results: it is proposed to legislate the special entrepreneurial status of “self-employed in the information and telecommunications network Internet”. A variant of a special tax regime for such entrepreneurial activity is proposed too. The conclusion is substantiated that public-media individuals who have continuous Internet communications with other persons in the number of at least 1 million persons on average per year should, by virtue of the law, be given a special entrepreneurial status, provided that they do not have a written refusal from advertising activities. Compliance with such a refusal and the actual non-implementation by a public media person of advertising activities in social networks is also controlled by artificial intelligence.

On the Need to Improve the Subject of Prosecutorial Supervision Ensured Compliance with Laws

The article is devoted to the consideration of the main views of Soviet and Russian scientists on the content of one of the main categories in the theory of prosecutorial activity – the subject of prosecutorial supervision over the implementation of laws. During the period of existence of prosecutorial supervision, views on the content of this concept have repeatedly changed. Consideration of various approaches to the subject of prosecutorial supervision has acquired particular relevance in the modern period of development of the prosecutor's office, which is largely due to dynamically changing legislation. At the same time, the allocation of supervision over the observance of the Constitution of the Russian Federation and the implementation of laws in force on its territory by bodies, organizations and their officials supervised by the prosecutor, as well as the compliance with the laws of legal acts issued by them, remains unchanged. After analyzing the available scientific approaches, law enforcement practice and legal regulation of the activities of the prosecution authorities of Russia, the author comes to the conclusion that it is necessary to further transform the content of the concept under consideration in connection with the active introduction of information technologies into the life of society and the state, as well as a number of financial instruments that involve constant monitoring of their use, which seems diffi cult given the existing both legislative and scientific approaches to the regulation of the supervisory activities of the prosecutor. This article proposes one of the possible models of the subject of supervision over the implementation of laws, which includes, in addition to the traditional ones, such elements as supervisory support for the implementation of certain laws, as well as supervisory support for the legality of regulatory legal acts. The proposed model of the subject of prosecutorial supervision over the implementation of laws will eliminate a number of law enforcement problems and increase the efficiency of the prosecutor in this area.

POWERS OF LAW ENFORCEMENT AGENTS IN THE FOREST- HUNTING SPHERE

The article analyzes the administrative and legal powers and the place of forest protection and hunting service in the system of public administration in the field of forest protection and hunting. The actuality of the research topic is due to the processes of a general reform of the forestry industry of Ukraine; the need to clarify the law enforcement authority of officials in this area. The purpose of the study - is to highlight the problems of law enforcement in the forestry industry; clarification the powers of law enforcement agencies, areas of reform of forestry law enforcement agencies, and prospects for improving their activities. The object of the study is the legal regulation of protection activities aimed at ensuring law and order in the forestry industry. The research is based on the use of general scientific and special methods. Using the dialectical method, internal contradictions in the activities of law enforcement agencies of the forestry industry were revealed. Legislation establishing the powers of these bodies for gaps is analyzed. The formulated conclusions are aimed at their practical use. Thus, the definition of the term “huntsman” is proposed; separation of the function of management and control of forestry enterprises operating for profit by transferring the function of state forest protection and hunt­ing service from state forestry enterprises to the level of territorial bodies of the State Forest Agency. Thus, the State Forestry Agency and permanent forest users will have forest guards and a hunting service without the status of a law enforcement body, but with the right to draw up protocols and a limited right to consider cases of administrative offenses in the forestry sphere.

Административная преюдиция в административном и уголовном законодательстве

The article deals with the retrospective aspect of administrative prejudice in legal proceedings. Special attention is paid to the use of prejudice in administrative and criminal proceedings at the present stage. The practical and organizational problems of law enforcement that arise in this area are analyzed.

The practice of applying the norms on responsibility for sexual crimes (Articles 131-135 of the Criminal Code of the Russian Federation) and ways to improve it

The subject. The article reflects the progress and results of the study of the practice of applying the norms on responsibility for crimes against sexual inviolability and sexual freedom of the individual (Chapter 18 of the Criminal Code of the Russian Federation). There are a large number of general and specific law enforcement problems that do not allow us to effectively counteract such crimes.Purpose of the study. The purpose of the study is to confirm the scientific hypothesis about the presence of systemic problems in the practice of applying the norms of Chapter 18 of the Criminal Code of the Russian Federation, as well as to develop proposals for improving law enforcement.Methodology. The identification of law enforcement problems was carried out by analyzing published and unpublished materials of judicial practice and comparing them with the main categories and principles of criminal law. Access to the published materials was carried out through the legal reference systems and the State Automated System "Justice". Unpublished materials were obtained in the course of their own professional activities, as well as when studying the scientific works of other authors. The use of previously obtained results of their own scientific activities, the results of scientific research of modern criminologists and criminologists, as well as the study of the experience of foreign countries allowed us to formulate proposals for solving the identified problems.The main results. In the course of the study, the following systemic problems of law enforcement were identified. (1) The uncertainty of the content of other sexual actions. (2) The ambiguity of the legal assessment of the multiplicity of crimes against sexual inviolability and sexual freedom of the individual. (3) The blurring of the content and methods of committing depraved actions.These problems characterize the current state of the practice of applying the norms of Chapter 18 of the Criminal Code of the Russian Federation.To solve these problems and improve law enforcement, the following proposals are justified and formulated.At the level of the resolution of the Plenum, it should be clarified that other actions of a sexual nature are contact forms of the perpetrator's influence on the victim's body that can satisfy sexual needs, with the exception of sexual intercourse, sodomy and lesbianism (for example, masturbation, fellatio, forced kisses, manual influence on the mammary glands or genitals and other ways of stimulating sexual arousal).On the issue of the qualification of continuing crimes, the Plenum of the Supreme Court should indicate that repeated sexual acts that form the objective side of one corpus delicti should be considered as a single continuing crime, if their commission was covered by a single intent. At the same time, such intent may be evidenced by the behavior of the perpetrator, in which he does not stop the violation of sexual freedom or sexual inviolability of a particular victim.The provisions of the resolution of the Plenum of the Supreme Court concerning the qualification of depraved acts should be changed, indicating that depraved acts are other sexual acts that are not covered by the dispositions of Article 134 of the Criminal Code of the Russian Federation, and actually depraved acts committed without direct physical contact in order to satisfy sexual needs or arouse the victim's interest in sexual acts. It is also important to emphasize that the acts provided for in the note to Article 131 of the Criminal Code of the Russian Federation should include only other actions of a sexual nature.Conclusions. In conclusion, it should be noted that the proposals formulated to solve the identified problems of law enforcement cannot completely eliminate them. The solution to these problems should be found through legislative changes. In this activity, it seems correct to focus on the positive experience of European legislators, which provides for a more detailed differentiation of responsibility depending on the features that objectively affect the nature and degree of public danger of the act.

ПРАВОВАЯ РЕГЛАМЕНТАЦИЯ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ В ОБЛАСТИ НАЛОГООБЛОЖЕНИЯ В РЕСПУБЛИКЕ КАЗАХСТАН И РЕСПУБЛИКЕ УЗБЕКИСТАН

This article is devoted to the comparative legal analysis of the legislation regulating administrative liability in the field of tax assessment in the Republic of Kazakhstan and in the Republic of Uzbekistan. The article gives a holistic view of the administrative liability for the commission of infractions in the field of tax assessment in the two countries and its current problems in theory and law enforcement. The article reflects the opinions of scientists who have previously studied the problems of administrative liability, as well as scientists who have studied certain issues of administrative liability for committing infractions in the field of tax assessment. Also, the article reflects the peculiarities of the legislation regulating administrative liability in the field of tax assessment in the two countries. As the study of the legislation of the two countries has shown, the subjects of administrative liability in Uzbekistan are individuals and officials, whereas in Kazakhstan, legal entities also belong to the subjects of administrative liability. This article reveals the specifics of the application of administrative sanctions, the procedure for resolving cases of administrative infractions, and the revision of resolutions on cases of administrative infractions in the field of tax assessment and their execution. In the article, the author indicates proposals for further improvement of the legislation under study.

Criminal Law Protection of Personal Information of Citizens in China: Doctrine, Legislative Regulation, Enforcement

In the information era, the Chinese society lives under the influence of digital technologies, so the collection and analysis of information are no longer accidental and unpredictable. Digitalized private information poses a great interest, making it necessary to understand the interconnection between modern social development and crime counteraction in the sphere of personal information of citizens. The authors analyze norms of the Chinese legislation that regulate criminal liability for infringements on personal information protected by the Chinese law. This analysis was conducted from the viewpoint of the doctrine of criminal law, criminal legislation and law enforcement practice. The doctrine is presented through different approaches to understanding the nature of personal information in China; the authors also show the necessity of developing a concept of information criminal law and building a hierarchical system of criminal law protection. In the sphere of legislative regulation, the analyzed infringements include only three types of actions in the current Criminal Code of the PRC: illegal purchase, sale and provision of personal information. At the same time, there is no norm regulating its illegal use which is, in fact, a publicly dangerous act. The authors show the necessity of criminalizing the use of personal information with the purpose of building a strategy of its criminal law protection. As for the enforcement of the norm «Violations in the sphere of personal information of citizens» (Art. 253.1 of the CC of the PRC), insufficient arguments and incomplete establishment of the circumstances of the infringement often result in differences in the qualification and sentencing for similar criminal cases. The authors show that, to overcome these problems, it is necessary to clearly determine the elements of the objective side of this crime. They present ways of solving the problems of law enforcement arising during the qualification of infringements on personal information and the determination of punishment when passing sentences in court.

Public-legal significance of civil status acts in family sphere in Spain: problems of legislation and law enforcement

In this article, the author, using the example of legislation and law enforcement activities in Spain, attempts to show that acts of a person's civil status, including those characterizing his marital status, have various legal consequences, both of a private and public nature. State registration of individual biographical and demographic characteristics of a person is necessary for his individualization and identification, as well as for ensuring the legal security of public relations. In addition, the registration of the population in the format of civil status records provides the state with the opportunity to form the correct demographic policy in society, budget planning in social and economic areas. In Spain, registry information in the field of civil status records is collected, processed, transmitted and submitted according to new rules that were gradually put into effect from 2017 to 2021. Currently, the civil register is an exclusively electronic information resource built on an extraterritorial basis, which provides many advantages to both state bodies and directly to citizens-applicants.

Actual Problems of Law Enforcement and Legal Regulation of Banking Activities in the Judicial Practice on Antimonopoly Disputes

The article is devoted to the development of practical proposals and recommendations for resolving current problems identified in the course of resolving antimonopoly disputes by courts, and related to disadvantages of the antimonopoly aspects of banking activities legal regulation and administrative and judicial practices for the application of antimonopoly legislation.

ENFORCEMENT OF COLLATERAL OBLIGATIONS (MORTGAGE): CURRENT STATE, PROBLEMS AND WAYS TO OVERCOME THEM

This article is devoted to the problem of foreclosure on property that is the subject of a mortgage. A brief review of the historical development of the mortgage institute is carried out, the features of the mortgage subject are highlighted, various approaches to determining the legal nature of the mortgage are considered. On the basis of these theoretical provisions, the problems of law enforcement are considered. The acts of the Supreme and Constitutional Courts, which contain explanations on the possibility of foreclosure on the only housing that is the subject of a mortgage, are analyzed. Examples of decisions of arbitration courts following explanations given by higher courts are given. The conclusion is made about the need for legislative consolidation of the conditions and criteria for foreclosure on the only housing in order to improve legislative regulation in the studied area.

DIGITAL TRANSACTIONS: MODERN LEGAL REGULATION AND LAW ENFORCEMENT

This article is devoted to the issues of legal regulation and enforcement in the field of digital transactions and electronic commerce. Legislative acts at the international and national level are considered, the main ideas of the development of legislation and the field of legal regulation of electronic commerce, signs of a digital transaction, and problems of law enforcement are identified.

Law of Digital Society: Actual Problems and the Way of Development (the Ending)

The author believes that attempts to oppose the postmodern society to digital society are scientifically inappropriate for several reasons. First, according to the consensus adopted in the relevant literature, post-industrial society is a stage of sociocultural evolution, at a point when sophisticated technologies, including information technologies, begin to play a leading cultural role, determining the direction of the development of human civilization. Secondly, the cultural, social, political, and legal uncertainties of the Postmodern Era are not encouraged and are rather exacerbated during the digitalization of society and law enforcement. In his conclusion, the author discusses the digitalization of law enforcement as the most important trend of the development of the post-Russian society. Thus, according to the author, the right of digital society develops tendencies, which, in general, are inherent in postmodern civilization and act as a natural manifestation.
 As demonstrated in the article, the current stage of digital society is the development of legal communication, as characterized by a greater focus, compared with the preceding stages, on the general accuracy of the means of communicating the law, including digital media, as well as their further extraction from objects acting as referred signs. Consequently, digital design of law enforcement generates several problems that have not received an adequate solution.
 The most important problems of this kind include anonymization of the subjects of legal interactions first, states and legal entities and, in part, individuals also as well as divorcing objects on which these relationships are being addressed. These trends generate a crisis of confidence among communication participants, which is a key problem of post-industrial law enforcement. To overcome such a crisis, the author offers the reconstruction of the rule of law based on human rights and freedoms, which means ensuring the stability and coherence of legal reality.

Family Law Enforcement Problems and Islamic Heritage in Thailand

<p><em>The Islamic Law on Family and Inheritance of 1946 was enforced only in the four southern provinces of Thailand consisting of Pattani, Narathiwat, Yala and Setun Provinces. Islamic law applies only to the plaintiff, defendant or applicant who submits a request must be Muslim. The problem of law enforcement consists of the lack of clarity in the terms of membership of the Provincial Islamic Committee in the 1997 Law on the Administration of Islamic Organizations. The problem of setting the condition that requires Datok Qadi to be alone in deciding matters of Islamic law. Datok Qadi's decision is absolute and cannot be appealed. The problem of limiting the enforcement of Islamic law can only be enforced in court. Solving the problem in avoiding the legal inconsistency can be done by expanding the enforcement of family and inheritance law outside the court. In addition, there is also a need for legal reform, both the Islamic Law on Family and Inheritance of 1946 and the 1997 Law on Administration of Islamic Organizations which are clearer.</em></p><p><em> </em></p>

Settlement agreement in civil and arbitration proceedings: legal nature and problems of law enforcement

Settlement agreement in civil and arbitration proceedings: legal nature and problems of law enforcement