Problems Of Law Enforcement Research Articles

Market Clearing–based Dynamic Multi-agent Task Allocation

Realistic multi-agent team applications often feature dynamic environments with soft deadlines that penalize late execution of tasks. This puts a premium on quickly allocating tasks to agents. However, when such problems include temporal and spatial constraints that require tasks to be executed sequentially by agents, they are NP-hard, and thus are commonly solved using general and specifically designed incomplete heuristic algorithms. We propose FMC_TA, a novel such incomplete task allocation algorithm that allows tasks to be easily sequenced to yield high-quality solutions. FMC_TA first finds allocations that are fair (envy-free), balancing the load and sharing important tasks among agents, and efficient (Pareto optimal) in a simplified version of the problem. It computes such allocations in polynomial or pseudo-polynomial time (centrally or distributedly, respectively) using a Fisher market with agents as buyers and tasks as goods. It then heuristically schedules the allocations, taking into account inter-agent constraints on shared tasks. We empirically compare our algorithm to state-of-the-art incomplete methods, both centralized and distributed, on law enforcement problems inspired by real police logs. We present a novel formalization of the law enforcement problem, which we use to perform our empirical study. The results show a clear advantage for FMC_TA in total utility and in measures in which law enforcement authorities measure their own performance. Besides problems with realistic properties, the algorithms were compared on synthetic problems in which we increased the size of different elements of the problem to investigate the algorithm’s behavior when the problem scales. The domination of the proposed algorithm was found to be consistent.

Losing shares during the transformation of joint stock company into limited liability company

Subject of research . This article is devoted to the analysis of the problems arising at shareholders of joint-stock companies at reorganization in the form of transformation into limited liability companies. As the study of judicial practice over the past ten years shows, there are repeatedly controversial situations in connection with the non-receipt of shares in newly created limited liability companies by shareholders as a result of the completion of such reorganizations. This is partly due to unfair behavior of majority shareholders and/or management of joint-stock companies, partly due to insufficient regulation of reorganization in the form of transformation in the legislation, which leads to problems in law enforcement.. The purpose of the article is to formulate the main directions of development of the legislation in terms of transformation of the rights of participation in corporations, concerning the constitutional principles of freedom of economic activity and protection of property rights on the basis of the analysis of existing judicial acts, doctrine and current legislation. The scientific hypothesis is that during the transformation of corporations, its participants should be provided with adequate and fair compensation for the right of participation lost as a result of the completion of the reorganization. Such compensation may exist in the form of the provision of funds or, in exceptional cases, other property (redemption of an interest) or the granting of rights to participate in the legal entity newly created as a result of the completion of the reorganization. The compensation mechanism should be based on voluntary choice; a member of the corporation shall not be disadvantaged by the terms of compensation. If the participant does not grant its participation rights for redemption, does not participate in the meeting of the participants of the corporation and does not exercise the will regarding the choice of compensation methods, the share of participation in newly created corporation is recognized as the only fair way of compensation. Transformation can't serve as a way to get rid of the so-called «dead» participants. Description of research methods and methodology . The study is based on the analysis of court decisions, which are identified by the results of monitoring of judicial practice. Information about the main scientific results . The study fully confirmed the correctness of the proposed scientific hypothesis. Conclusions . The study was conducted on the basis of judicial practice formed on disputes arising as a result of deprivation of shareholders' rights to participate in these joint-stock companies and non-receipt of shares in limited liability companies created as a result of reorganization. The study showed that this problem is relevant for all corporations as a whole. In this regard, proposals have been formulated to reform the legislation on corporations in general.

DAMAGES RECOVERY CAUSED BY A CRIME AGAINST INTELLECTUAL PROPERTY: PROCEDURAL ASPECTS

Doctrinal study of procedural aspects of recovery of damage caused by a crime against intellectual property is of great importance both for the resolution of specific criminal cases, and for generalization and uniformity of law enforcement practice, as well as for legislative improvement of existing criminal procedure rules governing the mechanism of compensation for damage caused by crimes. However, the effectiveness of the institution is reduced due to problems of law enforcement and shortcomings of legislation. Proposals to improve the mechanisms of recovery of damage caused by crimes against intellectual property need theoretical justification based on the study of modern law enforcement practice. Courts in civil lawsuits for crimes against intellectual property often allow violations of procedural rights that remain unresolved. the Criminal Procedural Code of the Russian Federation contains a number of gaps in this part: specific cases and limits of application of norms of the Civil Procedural Code of the Russian Federation to claims in criminal cases are not specified. They could be defined in the Criminal Procedural Code of the Russian Federation through references to specific articles (parts, items) of the Civil Procedural Code. The paper is aimed at conceptualization of procedural aspects of recovery of damage caused by a crime in relation to encroachments on intellectual property objects, which implies a doctrinal justification of the need to make additions to the criminal procedure legislation.

Problems of Law Enforcement in the Execution of Individual Business Contracts

Problems of Law Enforcement in the Execution of Individual Business Contracts

Должностные преступления: особенности правоприменения.

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

Problems of Law Enforcement in the Execution of Individual Business Contracts

Problems of Law Enforcement in the Execution of Individual Business Contracts

Ответственность за обращение контрафактных и незарегистрированных лекарственных средств, медицинских изделий, фальсифицированных биологически активных добавок: проблемы правоприменительной практики в условиях пандемии коронавируса

Ответственность за обращение контрафактных и незарегистрированных лекарственных средств, медицинских изделий, фальсифицированных биологически активных добавок: проблемы правоприменительной практики в условиях пандемии коронавируса

SEPARATE ASPECTS OF USING THE EXPLANATIONS OF PERSONS AS SOURCES OF EVIDENCE IN THE INVESTIGATION OF CRIMINAL OFFENSES

The article is devoted to the procedural determination of explanations of persons and peculiarities of obtaining explanations of persons in the investigation of criminal offenses. Changes to Part 8. Art. 95, part 3 Art. 214 of the Criminal Procedure Code of Ukraine (hereinafter – CPC) and new Art. 298-1 CPC are analyzed. It is stated that the explanations selected in this category of the case can be considered as evidence even if they were received before the data entered in the EDDR and can be selected by all the subjects listed in item 19 of Art. 3 CPC, including defender and operational units. It is possible to select explanations from the persons listed in item 25 of Art. 3 of the CPC of Ukraine, as participants in criminal proceedings. Two discussion questions are raised. The first is how the provisions of Part 1 of Art. 63 of the Constitution of Ukraine correlates with the rights and duties of participants in criminal proceedings. Having analyzed the content of item 8 of Art. 95 of the CPC, we state that the explanation can be obtained only with the consent of the person. Thus, the Constitution of Ukraine states that a person may refuse to give explanations in relation to himself, family members, close relatives, but nothing is written about the obligation to give explanations in other cases. Part 2 of Art. 66 of the CPC does not oblige a witness to give explanations and establishes responsibility (, Art. 67 of the CPC, Art. 385 of the Criminal Code of Ukraine for refusing to give testimony, but no explanations, paragraph 4 of Part 3 of Article 72-1 of the Code of Criminal Procedure obliges the representative of the probation authority to give explanations in court, paragraph 9 of Part 1of Article 56 of the CPC provides the victim with the right to give explanations. From July 1, 2020, problems in law enforcement may arise regarding the explanation given by witnesses in the event that they did not give consent to receive them. This will be relevant in the case of obtaining explanations from witnesses in the case who do not wish to give an explanation at all, and not only in cases where it concerns the witness’s person or persons close to him. In fact, they are not responsible for these actions before the law. The number of such persons may be considerable. Therefore, it is necessary to establish at the legislative level the responsibility for refusing to give a witness an explanation. But, it is quite clear that, before questioning such persons, they need to clarify the requirements of Art. 63 of the Constitution of Ukraine. The second, in which procedural form it is necessary to issue explanations. From 1 July 2020, practitioners must have effective means of fixing explanations, since, without the proper procedural form, information about the facts contained in the explanations cannot be recognized as credible evidence. The possibility of applying Articles 103, 104 of the CPC of Ukraine by analogy is established. Namely, that the results of a procedural action – a survey – should be recorded in the protocol of the corresponding action. We conclude on the need for additional procedural regulation of this issue. Keywords: evidence, sources of evidence, explanations of persons, fixation, a criminal offense.

Russian experience of using digital technologies and legal risks of AI

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

Міжнародний та міждержавний розшук як обов’язкова умова здійснення спеціального досудового розслідування (in absentia)

The purpose of the article is to study the international and interstate search as a basis for conducting a special pre-trial investigation (in absentia) in order to disclose the mentioned legal categories for identification of the gaps in legal regulation and offer solutions for their elimination. Methodology. In view of the said aim, specificity of the object and subject of the research, the methodological tool has been chosen. During the research, a system of methods of scientific cognition has been applied: the formal logic (abstraction, analogy, deduction, induction, synthesis) – to study the content of the matter under consideration; the systematic analysis – to outline directions of improvement of the criminal procedure legislation of Ukraine; the theoretical approach – in the process of study of scientific, educational and methodological literature. The scientific novelty consists in a comprehensive study of the criminal procedure legislation of Ukraine in terms of international and interstate search as a basis for conducting a special pre-trial investigation (in absentia) to identify the problems in legal regulation and law enforcement, as well as to determine the ways to solve them. The amendments to the Criminal Procedure Code of Ukraine in terms of the proper regulation of the international search procedure have been developed to achieve the objectives of the criminal proceeding. Based on the results of the research, the following conclusions have been drawn: 1) putting a suspect on the international and/or interstate wanted list shall be a prerequisite for conducting a special pre-trial investigation (in absentia); 2) the provisions of the laws of Ukraine, which contradict the provisions of the CPC of Ukraine and envisage non-application of the requirements for putting a person on the interstate or international wanted list when deciding the issue on conducting a special criminal proceeding against a suspect, an accused, staying in the temporarily occupied territory of Ukraine or in the area of antiterrorist operation, shall not be applied; 3) the current legislation provides for the implementation of international search only through the channels of the International Criminal Police Organization – Interpol; 4) the moment of putting a suspect on the international wanted list shall be the date of the Interpol’s publication of the relevant wanted persons notice; 5) at present, the interstate search conducted on the territory of the Commonwealth of Independent States is not actually being carried out; 6) the fact that the CPC of Ukraine envisages the interstate search as a basis for conducting a special pre-trial investigation shall be unjustified; 7) exclusion of the international search as a basis for conducting a special pre- trial investigation (in absentia) shall be deemed inadmissible; 8) the provisions of the CPC of Ukraine governing a special pre-trial investigation in terms of international and/or interstate searches require changes and additions

SCIENTIFIC PRESTIGE

Abstract: science as any kind of creative activity that is an antipode to obviousness and routine is developed by personalities. Outstanding people who are the first to notice the shoots of new tendencies and threats arising from moss-grown stereotypes. The development of science is based on a considerate attitude to talents. It is essential to bring up constantly ourselves and scientific and pedagogical society in the first place and the whole society in general to this kind of attitude. But at least at anniversary occasions of obviously leading scientists our duty is to give them their due and consider results of their contribution to science. A remarkable anniversary of one of the leading modern Russian jurists Vladimir Mikhailovich Baranov is an appropriate occasion. Vladimir Baranov’s special talent to unite jurists and become their unofficial leader in working on truly significant problems in lawmaking and law enforcement makes one ponder over personal traits of a scientist and the sense of science of law. Besides his influence on Faculty of Law of Perm State University is undeniable.

Criminal-Legal Assessment of Acts Committed in the Provision of Medical Care

The article draws attention to the resonant social aspect in the field of healthcare, due to the criminal prosecution of a large number of medical workers. At the same time, the study of this practice indicates the problems of law enforcement associated with a controversial and controversial criminal law assessment of harm to patients in the provision of medical care. The lack of a legislative definition of the signs and boundaries of medical errors complicates the fair prosecution of doctors by doctors, which also does not clearly distinguish between guilty and – innocent harm to the patient. The Author tried to specify the reasons, identify the existing legal gaps that negatively affect the correct qualification of acts committed by doctors in the performance of their professional duties, and propose possible solutions for the application and improvement of criminal law in the field of medical activity.

О НОРМАТИВНЫХ КРИТЕРИЯХ ОТНЕСЕНИЯ ОРГАНИЗАЦИИ К НЕГОСУДАРСТВЕННЫМ ЭКСПЕРТНЫМ УЧРЕЖДЕНИЯМ

The current legislation formalizes three elements of the expert system in Russia: state and non-state expert institutions and experts who do not work in expert institutions. As follows from this triad, the defining concept is “expert institution”. The concept “state expert institution” is legally enshrined in Federal Law No. 73-FZ of May 31, 2001, but there is currently no legislative regulation of the criteria for classifying an organization as a “non-state expert institution”, which gives rise to a number of law enforcement problems. For instance, for an investigator, determining the status of an organization entails the implementation of the provisions of Article 199 of the Criminal Procedure Code of the Russian Federation under Clause 1.2 or Clause 4. Therefore, in the author’s opinion, it is extremely important to pass a law regulating the criteria for classifying an organization as a state or non-state expert institution, or a non-expert institution.

Поширення пандемії COVID-19 в Україні: соціально-правові та кримінологічні проблеми

The article considers a number of socio-legal and criminological problems that have arisen in Ukraine as a result of the spread of the global pandemic COVID-19, which has become a challenge to the epidemic security and social wellbeing of mankind. It is emphasized that the most severe consequence of this pandemic is high mortality. Along with this, a number of negative consequences for the vital activity of society have been formed in various spheres (for example, in the sphere of human rights, legal regulation of public relations, state economy, social life and information space, state of law and order). The spread of the coronavirus pandemic in the world and the introduction of quarantine measures of varying sever- ity contributed to a certain degree of restriction of constitutional rights, freedoms and legitimate interests of human and citizen (eg freedom of movement, free choice of residence, right to leave Ukraine, right to health, medical care, the right to hold meetings, rallies, marches and demonstrations, the right to conduct business, etc.). The main directions of legal regulation of counteracting the spread of COVID-19 and overcoming the consequences caused by the epidemic in various spheres of public life are: prevention of the emergence and spread of coronavirus disease; providing treatment for coronavirus disease; providing state support in various spheres and socio-economic rights of citizens in connection with the spread of coronavirus disease; strengthening legal responsibility for violating quarantine rules. It is emphasized that the inconsistency of legislative changes in the regulation of responsibility for violation of quarantine rules has caused a number of law enforcement problems. It is established that the degree of correlation of coronavirus disease with the state of socio-economic development in Ukraine is ambiguous. In the socio-psychological sphere of Ukrainian society the main consequence of the spread of the COVID-19 pandemic is the strengthening of the state of social isolation. A natural consequence of social isolation is an increase in the danger of infodemic chaos. The main changes in the state of law and order of the state are determined. It is noted that quarantine measures and increased social interest in overcoming the COVID-19 pandemic and its consequences have contributed to the emergence of new types of criminal behavior and the adaptation of existing ones to new conditions.

The effectiveness of criminal law: doctrinal, legislative and law enforcement problems

Summary information on the results of the international roundtable «The Effectiveness of Criminal Law: Doctrinal, Legislative and Law Enforcement Issues» is provided. The main topics of the speakers are summarized below: the issues of doctrinal support for the effectiveness of criminal legislation; the impact of lawmaking and enforcement activities on the effectiveness of criminal law as a branch of law; issues of the General and Special part of the criminal law and interdisciplinary relations of the sciences of the criminal cycle from the point of view of the effectiveness of regulation of social processes in the developed country by civil society, etc.

Vectors of the Criminal Policy of Legal Regulation of Ccircumstances That Exclude the Criminal Character of an Action

At the current stage of social development, the protection of the interests of a person, society and the state from publically dangerous infringements is reaching a conceptually new level. Russian and foreign legislation, as well as theoretical publications, are paying more and more attention to the possibilities of the lawful infliction of harm under the circumstances that preclude the criminal character of an action. The abovementioned norms have a special place in criminal or other legislation because they contain clauses that allow inflicting harm on public relations protected by criminal law. Criminal legislation, recognized worldwide as penal in its essence (e.g. the Penal Code — «penal» being the synonym of «retributive», «punitive» and «vindictive») still contains a specific chapter devoted to such circumstances and includes norms that define the conditions and grounds for inflicting harm on public relations protected by criminal legislation, and this harm is recognized as lawful and even publically beneficial. These norms should be viewed as a specific legal phenomenon not only in Russian, but also in foreign criminal legislation and other types of legislation. However, the analysis of law enforcement practice does not allow to judge the effectiveness of their use by both law enforcement employees and citizens who protects their lawful rights and interests against publically dangerous infringements or engage in other publically beneficial behavior. In our opinion, the problems of law enforcement are connected with legislative support, and specifically with the area of substantive law. The authors of the article summarize many possibilities of using the norms of Chapter 8 of the Criminal Code of the Russian Federation that have not been realized yet. They take into account and stress the isolation and independence of these norms, the necessity of their presence and reflection specifically in the criminal legislation. The authors also recommend to change the method of legal regulation of the circumstances that preclude the criminal character of the action and to use it as a basis for introducing significant changes in the contents of the abovementioned norms with the aim of improving the effectiveness of their enforcement in practice.

THE ROLE OF THE COMMUNITY IN THE FRAMEWORK OF PREVENTION AND ERADICATION OF CORRUPTION IN THE PERSPECTIVE OF LAWS IN INDONESIA

Law Enforcement Problems including corruption, both prevention and eradication of corruption are not only the duty of law enforcers, but the duties of all parties including the public, community participation in the prevention and eradication of corruption have been regulated in many laws and regulations in Indonesia, this matter is interesting in detail, whether the regulation of community participation is still not appropriate so that the public does not know it or still needs a deeper analysis of the provisions of the articles on community participation so that the community is more optimal in playing an active role in efforts to prevent and eradicate corruption. Based on the explanation, the problem in this research is: How are the Settings and Forms of Community Participation in the Prevention and Eradication of Corruption in the Perspective of Laws in Indonesia? To answer this problem, the type of research used in this study is the type of normative legal research that is a type of research that examines matters that are theoretical, principles, conceptions, legal doctrines and legal norms relating to community participation in the framework of prevention and combating corruption in the perspective of legislation in Indonesia. While the legal materials used are primary, secondary and tertiary legal materials. The results of this study will analyze legally the rules and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia. There are several regulations that still need to be improved in the formulation of norms so that they can be more understood and understood by the public. Recommendations from this research are the arrangement and forms of community participation in the prevention and eradication of criminal acts of corruption in various laws and regulations in Indonesia must have a good norm formulation and need to be socialized to the public so that people know and participate, so the formulation of norms in the legislation is not only contained in legislation but can be applied by the community in the context of preventing and eradicating criminal acts of corruption in the perspective of legislation in Indonesia.

Деятельность учреждений здравоохранения по профилактике потребления несовершеннолетними алкогольной продукции и наркотических средств: административно-правовой аспект

The illegal distribution of alcohol, narcotic drugs and psychotropic substances is now recognized as one of the serious threats to national security, public health and the gene pool of the peoples living in it. The spread of alcohol and drugs among minors and the increase in related administrative offenses are of particular concern. The article scientifically deals with the administrative and legal and law enforcement problems of the organization and activities of health authorities and institutions on the prevention of the use by minors of alcoholic beverages, intoxicating substances and narcotic drugs. The author describes the elements of the modern expansion of alcohol and narcotic drugs among people who have not reached social maturity, focuses on problems and solutions in the activities of the main institutions of the health system, which coordinating their activity with other participants in the system of prevention of youth administrative tort, are involved in the prevention of alcohol consumption and alcohol-containing products, narcotic drugs and psychotropic substances – narcological dispensaries. The conclusions formulate the need further development of «helplines» network and counseling centers close to the population, helping families with minors to receive immediate psychological and narcological assistance; to pay attention of general practitioners (family doctors) to an early search for drug-addicted minors, their treatment, to involve public organizations in this work regularly; to strengthen and coordinate the interaction of health care institutions with the relevant structures of the internal affairs bodies (police) involved in working with difficult teenagers, educational institutions, as well as with the relevant structures of Rosmolodezh in the prevention of administrative offenses related to the use of drugs and alcohol among persons under eighteen.

The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

Impact of atypical forms of employment on theoretical concepts of the labor relation (case study of the norms regulating distance labor)

As the result of the active development of electronic (digital) technologies and the consequent change in the characteristics of labor as a social phenomenon the so-called atypical forms of employment emerged and spread. This trend is typical for both foreign countries and the Russian Federation. However, the lag in the legal regulation of atypical forms of employment in our country raises various problems of law enforcement. In turn, the need to understand the new properties of labor performed within the framework of atypical forms of employment, the analysis of the modification of classical features of labor relations developed by the domestic science of labor law represent the reason for the lack of the relevant legal regulation. The article attempts to trace such modification on the example of norms regulating distance work and enshrined in Chapter 49.1 of the Labor Code of the Russian Federation with due regard to the emerging practice of their application.