Enforcement Problems Research Articles

Наложение ареста на имущество в уголовном судопроизводстве: эволюция продолжается

The authors addressed the issue of the development of the seizure of property in criminal proceedings. Based on the prescriptions of regulatory legal acts, publications on the topic, draft laws and their own vision, a commentary on a number of law enforcement problems is proposed.

What Should the US Learn From New York's and Portugal's Approaches to the Opioid Crisis?

Between 1999 and 2020, more than 564 000 people in the United States died from opioid overdose. Domestically, the opioid epidemic tends to be approached not as a public health problem but as a law enforcement or judicial problem. Some US localities, however, are trying interventions modeled after international approaches that decriminalize opioid dependence. This article describes Portuguese approaches to persons with opioid use disorder.

Administrative Prejudicial Effect as a Way of Criminalization using Criminal Liability for Violation of Traffic Rules as a Case Study (Article 264.2 of the Criminal Code of the Russian Federation)

The logical consequence of recognizing administrative prejudicial effect as a form of criminalization is the need, when deciding on the validity of criminalizing repeated acts that initially entail administrative responsibility, to establish the existence of a basis for criminalization, which is considered to be the necessary degree of public danger. The author conducts an analysis of empirical data for 2013–2022 characterizing administrative offenses related to exceeding the established speed limit over 40 km per hour, as well as entering the lane intended for oncoming traffic. This makes it possible to assert at least the absence of an increase in the degree of public harm to the level of public danger (due to the consistent systematic reduction of a number of indicators of punishability, as well as the absence of an increase in injuries and deaths as a result of violations of these traffic rules for the entire analyzed period). Recognizing the absence as such of objective prerequisites for criminal law interference in the sphere of administrative law regulating the analyzed legal relations, it is worth recommending that the legislator pay close attention to the possibilities available within the framework of administrative legislation (including the prospect of establishing appropriate types and sizes of punishment to a greater extent), and the law enforcement officer — to the issues of the enforceability of punishment in the form of a fine. In order to take effective measures against the most serious offenders, it would be more correct to establish a differentiated scale of punishability depending on the fact of repetition of an administrative offense. This approach will make it possible to avoid the conceptual and law enforcement problems of «transferring» responsibility for a recurring offense to the criminal law.

Уголовно-правовая охрана обработки персональных данных в сфере спорта: постановка вопроса

The author raises the question of the prevalence of violations committed during the illegal processing of personal data in the field of sports. Among the reasons for problems of law enforcement is the uncertainty and incompleteness of the provisions of Art. 13.11 The Code of Administrative Offenses of the Russian Federation, along with the gaps in the Criminal Code of the Russian Federation, in terms of strengthening the counteraction to illegal manifestations through the consistent criminalization of violations of the legislation of the Russian Federation in the field of personal data, administrative liability for the commission of which is provided for by Part. 1, 2 tbsp. 13.11 Code of Administrative Offenses of the Russian Federation.

Юридическая ответственность субъектов туристcкой деятельности (туристического обслуживания). Часть вторая

The article studies issues of the legal liability of subjects of tourist services. The author reviews liability bases and types, the practice of application of respective provisions and the arising law enforcement problems.

Research on Tax Avoidance of Multinational Corporations in China

This article primarily focuses on the tax avoidance practices employed by multinational corporations. Firstly, it provides a comprehensive definition of tax avoidance behavior exhibited by these corporations and specifically highlights how such actions contravene the stipulations of tax laws. Subsequently, it delves into an analysis of commonly utilized tax avoidance methods by multinational companies, supported by real-life case studies. Finally, it examines the detrimental impact caused by the tax avoidance practices adopted by these corporations.In the latter part, in view of China's current laws, regulations and tax administrative enforcement problems on the issue of tax avoidance by multinational corporations, it puts forward suggestions on improving relevant laws and promulgating relevant legal interpretations.

Distinction of Competencies in the Legal Regulation of Social Security in the Context of Federalization

The article considers interaction forms in the field of legal regulation of social security between state authorities: federal and regional. In social security law, as in a number of other branches of Russian law, the combination of various levels of legal regulation is essential for the implementation of the constitutional right of people to social security, while leading to a number of problems in rule-making and law enforcement. The right to social security guaranteed by the Constitution of the Russian Federation to categories of persons in need of it, providing them with material support measures provided for by laws of social risks in a timely manner and to the fullest extent possible, in conditions of federalism, can be implemented with the participation of state authorities at all levels of legal regulation, from the federal to the level of local self-government. It was concluded that the state authorities of the constituent entities of the Russian Federation have a wide range of powers, the use of which allows them to more effectively implement the right of people to social security.

Weak sovereignty and interstate war

Abstract International agreements save the costs of war, but complying with their terms can be costly. We analyse a model of interstate crisis bargaining in which one state may be unwilling or unable to make a costly investment that guarantees its subjects’ compliance. In equilibrium, peace is assured when the domestic government is militarily strong enough to demand terms that its subjects tolerate. When the domestic government is militarily weaker, peace requires that the foreign state compensate it for either the costs of enforcement or its subjects’ violations, and these prospective costs of peace may also lead the foreign state to solve the enforcement problem with war because peace is relatively costly. We also show that war due to enforcement problems is more common in militarily weak states and that equilibria at which the foreign state subsidizes enforcement are more common when the costs of violation fall disproportionately on the domestic state. The American invasion of Mexico in 1916 and the Red Army's peaceful withdrawal from East Germany in 1989 demonstrate the model's usefulness.

Current issues of labour dispute resolution through mediation

The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine "On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 "Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV "Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of "labor dispute” by defining mediation as an alternative way of its resolution, since in fact a "labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a "labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of "mediation" and to harmonize the provisions of the Law of Ukraine "On Mediation" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.

Problems of protection of labor rights during hiring with the use of artificial intelligence algorithms

Abstract In recent years, artificial intelligence has found wide application in labor law, including in hiring processes. Artificial intelligence algorithms are used to automate recruiting, skills assessment and decision making. Although this can provide certain advantages and efficiency in the selection of candidates, the use of artificial intelligence algorithms in hiring also creates new legal problems and challenges, in particular in the context of the protection of labor rights in hiring: discrimination, transparency of artificial intelligence algorithms, protection of personal data. The problems caused by the use of artificial intelligence in labor law create challenges for lawyers in the context of creating ethical criteria and legal frameworks that regulate the use of artificial intelligence in the hiring process. The purpose of this article is to outline the main legal issues related to the violation and protection of labor rights in the case of the use of artificial intelligence algorithms in hiring. To achieve the goal of the research, methods of analysis, generalization, formal-logical, comparison, forecasting, dialectical and others were used. The current state of Ukrainian legislation and the experience of foreign countries are considered. The signs by which the artificial intelligence system can be classified as high-risk are highlighted. The problems of personal data protection during recruitment using artificial intelligence algorithms are analyzed. The definition of discrimination contained in international legal acts has been studied. Insufficient legal regulation of discrimination with the use of artificial intelligence algorithms has been established, which in turn creates problems in law enforcement. The criteria necessary to prevent manifestations of discrimination during recruitment with the use of artificial intelligence algorithms are highlighted. On the basis of the conducted research, a conclusion was made about the insufficient legal regulation of the use of artificial intelligence algorithms in domestic legislation, criteria that should become key for the protection of labor rights during employment with the use of artificial intelligence algorithms.

Analysis The Integration of The Criminal Justice System in Handling Corruption

Corruption as a serious crime has detrimental effects on the state and society. One of the solutions to overcome corruption is by implementing an integrated criminal justice system that involves law enforcement agencies, such as the police, prosecutors and judges. Enforcement of the criminal justice system must be based on the KUHAP as the mouthpiece of the law for the Police and Prosecutor, meanwhile, the KPK is not only based on the KUHAP but also on Law Number 19 of 2019 jo. Law Number 30 of 2002 on The Corruption Eradication Commission (KPK). The synergy that is expected in the context of overcoming criminal acts of corruption in the context of the criminal justice system turns out to still contain law enforcement problems in it, such as the substance of the law, overlapping authority, independence, weak coordination, human resources, and the lack of optimality of the special criminal justice system.

New regulations on platform work: Fragmented responses to issues of work fragmentation

There has been considerable discussion regarding the regulation of platform-mediated forms of work, yet less attention has been paid to the actual impact of regulations already enacted. In this brief analysis, I examine the cases of Spain and Chile, policy benchmarks in their respective regions. While Spain has introduced a presumption of employment, Chile’s legislation leaves this point open but implicitly encourages classifying workers as self-employed. Nevertheless, both countries have encountered significant complications in implementing these laws, stemming either from the narrow scope of the legislation or from corporate strategies aimed at circumventing it, leading to ever more fragmented and prolonged regulatory battles. Looking ahead, trade unions and workers’ organisations should engage more strategically in the regulatory conflict, considering the enforcement problems emerging and, more importantly, preventing regulation from concealing the radical potential of these movements against precarious work more generally.

Termination of the Resignation of a Judge for Violations Committed by Him in the Еxercise of His Powers: Some Problems of Law Enforcement

One of the significant guarantees of the independence of judges is their right to resign. In turn, this guarantee will be effective provided that termination of resignation for violation of legislation and (or) the Code of Judicial Ethics, the commission of defamatory acts, violation of established prohibitions and restrictions will be applied in exceptional cases with strict observance of procedural norms, and the grounds for termination of resignation established by law will have signs of legal certainty. One of the legally established grounds for termination of resignation, which, according to the author of the article, does not have such a characteristic, is the identification after the judge's retirement of violations committed by him in the exercise of the powers of a judge, which are the basis for imposing disciplinary penalties in the form of early termination of the powers of a judge. The purpose of the study is to analyze the law enforcement problems of terminating the resignation of a judge for violations committed by him in the administration of justice. The objectives of the study are to demonstrate the lack of uniformity in the interpretation and application of the relevant provisions of the Law on the Status of Judges on the basis of the decisions of the Supreme Court of the Russian Federation and the qualification boards of Judges, as well as to formulate proposals aimed at solving these problems. The main method of research was the general scientific dialectical method of cognition, within which universal scientific methods were used: analysis and synthesis, induction and deduction, formal-logical and systematic. The formal legal method and the method of legal modeling were used as private scientific methods. The result of the study is the proposals made by the author, the implementation of which will lead to the formation of uniform judicial practice, ensure fairness and predictability of decisions made against retired judges, and, ultimately, will ensure an appropriate balance between the principles of independence of judges and the inevitability of responsibility for violations committed by them in the administration of justice.

Challenges and Obstacles in the Standardization and Harmonization of Fatwa in Islamic Finance Industry and Way Forward

The purpose of this paper is to explore the potential benefit, challenge and obstacles in the standardization and harmonization of fatwa in Islamic finance industry. This paper is also intended to formulate strategies to release the standardization and harmonization of fatwa. This study employs qualitative approach and reviews literatures that are relevant to the research objective. The finding indicates that the potential benefit of harmonization of fatwa are efficient and manageable regulation and control, IFIs will have a set of reporting and guideline standards, contribute to IFIs’s growth, enhance public and IFI’s confidence, and lead to greater transparency. Meanwhile, the challenges to harmonize the fatwa can be divided into four main problems, technical, governance, human resource, and regulation. Technical problems comprise difference of opinion in ijtihad and fatwas, the absence of consensus (ijma’), and national cultural specificities. Governance consist of international fatwa bodies are only followed by selected member countries, difference in sharia compliance governance model among countries, and difference level of Islamic finance industry growth among countries. Human resource involves lack of inclusivity, lack of professionals, personal/group interest. Finally, regulation be made up of lack of support from regulators, enforcement problem, and lack of legal system. This study also purposes some important strategies to release the standardization of fatwa and some recommendations for future studies.

Codification of European Private International Law!

Codification of European Private International Law!

Проблема определения места совместного завещания супругов и наследственного договора в системе завещательных распоряжений

This article examines the place of legal novelties of Russian inheritance law in the system of testamentary dispositions: the inheritance contract and the joint will of spouses. The author explores the problems of the correlation of testamentary dispositions, their priority in the framework of law enforcement practice by notaries. The author raises the question of the expediency of changing the system of testamentary dispositions, changing the structure of regulatory regulation in Part 3 of the Civil Code of the Russian Federation. The author comes to conclusions concerning the flexibility of the approach to the system of testamentary dispositions in domestic inheritance law, conducts a comparative legal analysis with German inheritance law and identifies a potential vector of law enforcement problems in notary practice within the framework of the implementation of the will of citizens in case of death.

Relationship of office abuse with other elements of the offense provided for in part 2 of article 191 of the Criminal code of Ukraine

Sometimes, in order to delineate very similar compositions of criminal offenses against property, it is necessary to compose 5,6,.. and 10-level logical constructions of an element of the composition of a criminal offense. Crimes against property are distinguished by their multiplicity of offenses and the multi-component nature of each element of the offense. This article is devoted to the qualification of offenses provided for in Part 2 of Article 191 of the Criminal Code of Ukraine, namely the main element of their composition – the presence of abuse of office. The relevance of the raised issue was determined due to the presence of problems in law enforcement and due to a quantitative criterion, in particular, the number of registered criminal proceedings in 2023. Separate opinions of scientists regarding the influence and interrelationship of all elements of the composition of a criminal offense are highlighted. Attention is focused on the method of committing a criminal offense and the hypothesis of establishing its connections with other elements of the composition of a criminal offense is proposed. Each element of the objective side of the criminal offense was analyzed through the prism of the connection with «official abuse», as a result of which it was determined that the method of committing a criminal offense by abuse of an official position will take place only if there is a special legal (official) relationship between the subject of the offense and the object of the offense. Generalizations and comparisons were made for all three main types of criminal offenses provided for in Part 2 of Art. 191 of the Criminal Code of Ukraine, namely: misappropriation of property by abuse of official position; embezzlement of property by abuse of official position; acquisition of property by abuse of official position.

Necessary and sufficient conditions of the enforcement problem for various argumentation semantics

Abstract In the research on dynamics of argumentation frameworks (AFs), the enforcement problem deals with changing an AF for the purpose of ensuring that a certain set of desired arguments becomes (part of) an extension. In this paper we focus on expansions of an AF where solely the addition of new arguments and attacks is allowed and the original framework remains unchanged. Existing results about the enforcement problem are all sufficient conditions, and we argue that necessary and sufficient conditions are essential concerning the solvability of the enforcement problem. A suite of jointly necessary and sufficient conditions are identified for the enforcement problem under normal expansion. These conditions are presented from multiple perspectives including the sub-strict versus non-strict problem, constructive versus eliminative conditions and arbitrary AFs versus even(odd)-length cycle free AFs, determined by the nature of various argumentation semantics. Such necessary and sufficient conditions are of the essence to the enforcement problem by defining requirements that are both minimum and absolute, which can be used to determine when the enforcement problem is (un)solvable. We further infer solely sufficient and solely necessary conditions based on the partial order relation (w.r.t. set-inclusion) among various types of AF extensions.

Voluntary compensation for harm or elimination of damage caused as a circumstance that mitigates the punishment: on the question of scope

The article is devoted to the study of one of the mitigating circumstances provided for in Point 2 of Part 1 of Article 66 of the Criminal Code of Ukraine, – voluntary compensation for harm or elimination of damage caused. It is noted that many issues related to this circumstance have been researched by scholars and generally accepted positions have been formulated regarding them. at the same time, the question of the amount of compensation for the harm caused or elimination of the damage caused is ambiguous, since it is not clear whether their partial compensation or elimination is allowed, or, on the contrary, only full compensation or elimination is required. The author, applying different ways of interpreting the text of the criminal law, presented a number of arguments in favor of the fact that such compensation or elimination should only be full, otherwise they cannot be taken into account as a circumstance mitigating the punishment. The opinion is provided that if it is assumed that partial compensation for the harm caused or elimination of the damage caused is as well allowed, then this will lead to problems in law enforcement, since it is impossible to justify compensation or elimination of which part of the harm or damage can be considered sufficient to mitigate the punishment. Another question arises in the context of the provisions of Part 2 of Article 66 of the Criminal Code of Ukraine on the ground of inexhaustibility of the list of mitigating circumstances, in particular, can partial compensation for the harm or elimination of the damage be taken into account as a mitigating circumstance? A negative answer is offered to this question, because it is stated that Part 2 of Article 66 of the Criminal Code of Ukraine refers to circumstances mitigating punishment other than those already provided for by the criminal law. Therefore, the recognition of partial compensation for the harm caused or elimination of the damage caused as a mitigating circumstance will nullify the significance of the circumstance provided for in Point 2 of Part 1 of Article 66 of the Criminal Code of Ukraine, and in general will create prerequisites for a too broad interpretation of other circumstances provided for by law.

ПРОБЛЕМЫ ОФОРМЛЕНИЯ ХОЗЯЙСТВЕННЫХ ПОСТРОЕК, РАСПОЛОЖЕННЫХ НА ЗЕМЕЛЬНЫХ УЧАСТКАХ, НАХОДЯЩИХСЯ В ГОСУДАРСТВЕННОЙ ИЛИ МУНИЦИПАЛЬНОЙ СОБСТВЕННОСТИ

The article analyzes the legal status of real estate objects, namely outbuildings located on land plots owned by the state or municipal, the procedure for their legalization, identifies the problems of law enforcement that arise when registering such real estate objects, as well as possible ways to eliminate them. The article uses statistical data on the Ulyanovsk region, as well as the regulatory framework in force in the territory of the specified region.