Problems Of Law Enforcement Research Articles

Technologies of artificial intelligence in digital medicine: problems of theory and law enforcement

Artificial intelligence technologies have found their wide application in the provision of medical services. They are used during: remote consultations and consultations; face-to-face medical interventions; processing large amounts of information about patients and their legal representatives. Relations related to the use of atrtificial intelligence technologies in the provision of medical services are not properly regulated in the current legislation. The doctrine and law enforcement practice have not developed common approaches to solving problems in the area under study. Based on the provisions of civil science, the features and conditions for the use of artificial intelligence technologies in digital medicine are revealed. The relationship between the concepts of telemedicine technologies and artificial intelligence technologies has been established; big data and artificial intelligence technologies. It is concluded that artificial intelligence technologies can be used in the provision of medical services only after receiving from the patient (his legal representative) the appropriate voluntary informed consent. The content of consent to the processing of biometric data and consent to the disclosure of medical confidentiality was analyzed.

Law Enforcement Problems Against Cyber Crime Performed Through Phishing Method

Background. Technology can be said to be a "double-edged sword" because it is developing very rapidly, many people use it to make life easier, but behind that the speed of technology is used as a tool to commit crimes and create new problems in the form of cyber crime, namely phishing. Purpose. The purpose of this research is to find out how law enforcement against cybercrime cases committed through the phishing method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Results. The results showed that the Justice System has a major influence in the process of upholding law and justice starting from the Police level, the Prosecutor's Office to the Court Decision, besides that the ability of law enforcers to eradicate cybercrime is still limited in several ways such as, facilities and facilities, lack of expertise of law enforcement officials in handling cyber crackers, lack of police access to the latest information technology, and lack of public awareness and knowledge which will result in many obstacles. Conclusion. The point is that the legal framework in the field of technology must be able to keep up with the rapid advancement of technology, although there are already laws governing these crimes, they need to be updated to reflect the progress of increasingly modern times and the variety of cyber crimes that may occur in the future.

Credibility Standards: A new social credit mode of regulation?

Under the social credit system project, China’s government promotes credibility-based regulation (信用监管), a mode of discretionary decision-making informed by quantified assessments of regulatory subjects’ credibility. Credibility-based regulation is intended to combat China’s law enforcement problem by activating non-state actors to participate in regulatory work through conducting and sharing credibility assessments. However, little is known about its implementation. This article argues that a yet unexplored series of voluntary national standards provides the technical link between central-level rhetoric on credibility-based regulation and its implementation. Specifically, these standards lay down assessment methods and quantitative indicators for assessing credibility, and are drafted for the use of regulatory agencies, platform companies, industry associations and other state and non-state stakeholders. National standards provide a suitable link for implementing credibility-based regulation because, unlike top–down laws and policies, their creation involves a range of non-state affiliated actors, producing negotiated solutions that co-regulators may be more likely to adopt.

The problems of constitutional and legal responsibility of the Verkhovna Rada of Ukraine in the context of foreign experience

The article provides a conceptual analysis of the constitutional and legal responsibility of the Verkhovna Rada of Ukraine in the context of foreign experience. General theoretical and practical issues of the formation and realization of the constitutional and legal responsibility of the Verkhovna Rada of Ukraine are studied. It is emphasized that for a deep and versatile understanding of parliamentarism, to successfully solve the problems of the functioning of parliamentary democracy, one should remember the inextricable connection between the processes of parliamentarization in the state and the formation of mechanisms of legal (primarily constitutional and legal) responsibility of higher state authorities. The issue of the responsibility of the parliament – the Verkhovna Rada of Ukraine remains one of the most urgent and complex issues in the formation and implementation of constitutional and legal responsibility in Ukraine. The Constitution of Ukraine, on the one hand, established a fairly wide range of powers of the parliament, but, on the other hand, provided much less grounds for its constitutional and legal responsibility. The foreign experience of constitutional regulation and the practice of applying the institution of dissolution of parliaments are analyzed. Proposals are made to improve the grounds of constitutional and legal responsibility of the Verkhovna Rada of Ukraine. In particular, it is proposed to enshrine in Art. 90 of the Constitution of Ukraine, the constitutional and legal responsibility of the Verkhovna Rada of Ukraine in the form of early termination of its powers in the event that it does not approve within three months the State Budget of Ukraine prepared and submitted in accordance with the established procedure by the Cabinet of Ministers of Ukraine. It is noted that the institution of constitutional and legal responsibility of the highest bodies of state power, fi rst of all, the parliament – the Verkhovna Rada of Ukraine, is an effective guarantee of the constitutional system, democracy and the functioning of civil society. The presence of relevant clear and detailed procedures of constitutional and legal responsibility of the Verkhovna Rada of Ukraine will minimizethe problems of constitutional rights exercise and law enforcement. It is under such conditions that we can talk about the adequacy and reality of the application of sanctions of constitutional and legal responsibility, including in relation to the parliament – the Verkhovna Rada of Ukraine, and because of this – to create political and legal prerequisites for the formation of an effective system of checks and balances and a responsible government capable of minimizing violation of the Constitution, to guarantee the change ability and continuity of public power, to ensure the democratization of constitutional institutions and processes. Key words: constitutional and legal responsibility, early termination of the powers of the parliament, dissolution of parliament, parliamentarism, constitutional legality,constitutional conflict, constitutional order.

The Juridical Analysis of Corporate Crimes Accountability in the Indonesian Penal System

Evil grows as society progresses, not only to the types and methods of evil, but also to the subject or perpetrator themselves. Corporate acceptance asa subject of criminal action, which leads to criminal law enforcement problems in corporate criminal liability. Whereas law enforcement doesn't recognize corporations as the subject of law, allowing people to exploit their legal loopholes. As for the rules governing corporate accountability that exist up until now are considered less effective and efficient. The clear corporate policy is still at the stage of criminal design that has been fully regulated and firm as the subject of criminal law and is accountable in criminal law and receives absolute criminal accountability and replacement crimes, even with the exception of solving the difficulties of proving an element of wrongdoing committed by a corporation. Research methods used are normative law research methods with law enforcement approaches, comparisons and concept analysis of the law.

Protection of the Rights of Entrepreneurs: Transformation of Criminal Law to Implement the Potential of Russian Business

The potential of the business community directly affects the economic development and economic security of society. This question is especially relevant in connection with the global challenges that have arisen before the society. Implementation of business opportunities is significantly limited by illegal acts against business entities, the extent of which the statistical data indirectly helps to asses. In our legal system, the rights of entrepreneurs are comprehensively protected by legislation, which is confirmed by a large number of safeguards provided during the investigation of criminal cases and discussed in the article, as well as institutions and tools for protecting the rights of business entities. However, the business community still needs protection both from false entrepreneurs and from illegal actions of the personnel of the preliminary investigation bodies. Domestic legal science faces not only the issue of large-scale transformation of criminal law in order to realize the potential of Russian business — a qualitative change in criminal law will not be able to correct all existing problems of law enforcement in the absence of a detailed legal study of the prerequisites for the formation of entrepreneurship in Russia and the formation of law enforcement practices that it seems necessary to eradicate.The responsible role of business representatives is expressed in high-tech and generating economic benefits of entrepreneurial activity. At the same time, the rights of entrepreneurs need to be protected also from illegal actions of the officers of the preliminary investigation bodies. The problem under consideration and other problems identified in the work, along with statistical data, allow us to conclude that it is important to organize protection of the rights of business entities during the investigation of crimes to ensure the economic security of the state, a stable economy and business environment.

Dismissal of a Director and Termination of Powers of the Sole Executive Body of a Limited Liability Company: Problems of Law Enforcement

Dismissal of a Director and Termination of Powers of the Sole Executive Body of a Limited Liability Company: Problems of Law Enforcement

Legalization of Ethics in Sports and Disciplinary Liability for “Disrepute”

The norms of ethics in sport have practically merged with the disciplinary norms of sports federations. However, the apparent identity of ethical duties and disciplinary duties has not resolved the existing problems of law enforcement. Ethical norms enshrined in the acts of sports federations must meet certain standards of law. In this case, we are referring to the general principles of legal certainty and proportionality, as well as some other related principles. These principles are the first and main guarantees for the subject of sport in case of a breach of an ethical obligation. They are used at different stages of disciplinary liability. Legal certainty protects against unclear ethical norms and unpredictable consequences of their use by sports federations. Proportionality obliges the measure of disciplinary responsibility not to exceed the necessary negative effect of coercion. The ethical obligation to abstain from disrepute is widespread in the acts of federations. The practice of non-disrepute has been intensified by geopolitical events of 2022. The examples of the practice on non-disrepute do not allow us to state that legal certainty and proportionality really protect in any situation from improper disciplinary liability. The tendency has appeared to understand the reputation of sports and sports federations through the prism of the public positions of a particular federation. Confrontation with such positions automatically creates the risk of disciplinary liability. Similarly, the test for real harm to reputation is ignored unlike potential harm or harm existing only in subjective judgements.

DEFINITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE RUSSIAN LEGAL SYSTEM: JUDICIAL PRECEDENT OR AUXILIARY SOURCE OF LAW

The purpose of the article is to analyze the definitions of the Constitutional Court of the Russian Federation, determine their legal force and use them as a judicial precedent in judicial practice, identify the problems of their enforcement in practice, apply specific scientific, empirical, comparative legal and other studies, give recommendations on the use in practice of the definitions of the Constitutional courts of the Russian Federation, problems of law enforcement are identified and ways of their legislative solution are given.

Compensation for moral damages for violation of police officer’s personal non-property rights: problems of law enforcement

The article is devoted to the study of legislation and legal doctrine on compensation for moral damages for humiliation of honour, dignity and the right to inviolability of business reputation of a police officer who is a representative of law enforcement agencies. It has been determined that the institute of civil liability distinguishes compensation for moral damages as a specific measure of civil liability, which is specified in the Civil Code of Ukraine as a measure of protection. It has been established that the amount of moral damages cannot be calculated by the court when deciding on their compensation, and therefore the court is guided by its own subjective beliefs when calculating them, which is a problem of law enforcement. Case law on police officers' claims for moral damages from persons who have violated their personal non-property rights has been analysed. It has been found that the courts apply the practice of higher courts, which is based on the approaches of the international community, that a police officer is a public figure whose activities are of public interest and therefore must tolerate criticism, and this cannot be a ground for going to court. It has been substantiated that an employee of an internal affairs agency is a representative of the State, and therefore, in case of violation of his/her personal non-property rights, in particular, the right to inviolability of business reputation, failure to award him/her compensation for moral damages affects the reputation of both the agency in which he/she serves and the State. It has been proven that this approach of binding a police officer to the provisions on public figures harms the reputation of the State and eliminates the application of the preventive function of civil liability, which is an important factor for maintaining public order. To support the positions of national scholars, the author proposes to create a separate regulatory act which would provide guarantees for the protection of personal non-property rights of law enforcement officers and establish a balance between the observance of freedom of expression in the media regarding police activities and the observance of the rights of law enforcement officers in the performance of their official duties.

Pretrial In Indonesian Criminal Law

The law is a collection of rules that must be obeyed by all people in a society with the threat of having to compensate for losses or get criminal if they violate or ignore these rules, so that an orderly and fair life in that society can be achieved. The conception that embodies that Indonesia is a state of law basically has joints that are universal, such as the recognition and protection of human rights, the legality of the actions of the state or government in the sense of a legally accountable state apparatus, and the guarantee of Free Justice. The type of writing used by the author is juridical normative (legal research) juridical normative research is carried out by examining various rules of law that have a formal nature, namely laws, regulations and literature that contain theoretical concepts that are then connected to the problems that the author will discuss in this dissertation research. Pretrial as part of the criminal justice system in force in Indonesia is an effort to combat crimes that are penal by using criminal law as the main means of material criminal law and formal criminal law. Pretrial as part of law enforcement, as stated by Barda Nawawi Arief that the problem of law enforcement, both in abstracto and in concreto is an actual problem that has recently received a sharp spotlight from the public. As is the case with the implementation of pretrial which is part of a principle of the rule of law which is that a rule of law has various criteria and elements.Based on the foregoing, the philosophical basis of the pre-trial arrangement in Indonesian criminal law is based on the existence of human rights, namely because Indonesia is a state of law based on Pancasila and recognizes human rights. The idea of a pretrial institution was born from inspiration derived from Habeas Corpus in the Anglo Saxon judiciary, which provided a fundamental guarantee to the human being of the right to independence.

Some issues of legal regulation of transplantation of anatomical materials to humans

The Constitution of Ukraine established that a person, his life and health are recognized as the highest social value in our state. In addition, everyone is guaranteed the right to health care, medical assistance and health insurance. At the same time, the issue of researching the legal regime of various objects of civil legal relations, including anatomical materials, biological materials, donor organs, etc., in the conditions of updating the civil legislation of Ukraine and the intentions of recodification, taking into account their special importance, have acquired the special relevance.
 Transplantation is a special method of treatment, which consists in transplanting human anatomical material from a donor to a recipient and is aimed at restoring human health. Every adult with legal capacity has the right to give written (electronic) consent or non-consent to the removal of anatomical materials from his body for transplantation and/or the manufacture of bio-implants after the determination of his condition as irreversible death (brain death or biological death) in accordance with the law. The identity of the donor should not be known to the recipient, and the identity of the recipient to the donor's family, except when the recipient and the donor are married or are close relatives.
 By their legal nature, consent or non-consent to donation are acts. After all, it is legally established that they must be done in writing, in particular in electronic form, in the order determined by the Cabinet of Ministers of Ukraine. Such transactions are unilateral and are not subject to notarization, and there is no requirement to certify the authenticity of a person's signature by a notary public.
 In has been concluded in the article about the expediency during the recodification of the detailed regulation of the legal regime of anatomical materials, organs, biological materials, reproductive cells, etc., with mandatory consideration of the identified problems of law enforcement and modern progress.

Налоговые правоотношения и налоговая ответственность: анализ отдельных предложений по совершенствованию законодательства

Examination of the issues of regulatory matter of social relations in terms of taxation, application of measures of tax liability, sanctions remains one of the priorities for modern representatives of the scientific environment. However, the problems of law enforcement in the area in question require a systematic analysis of the most relevant gaps and contradictions in the regulation of social relations and tax liability. As a result of studying the proposals made by researchers to improve the concept of tax law, it is proposed to make a number of changes in the legislation of the Russian Federation: to supplement the definition of tax with the wording of the purpose, denoting an explicit connection between the interests of public subjects and ordinary members of society, to fix in Part 2 Article 11 of the Tax Code the content of tax regulation process, definitions of tax liability and penal-ties. Conclusion dwells upon the fact that the only sanction in tax law is a fine, and an expansive interpretation of this sanction is impossible.

Remote Performance of a Labor Function by an Employee: Problems of Theory and Law Enforcement

Periodic bursts of deterioration of the sanitary and epidemiological situation in certain regions and in Russia as a whole make remote performance of a labor function by an employee relevant and in demand. The remote format of work increases economic profitability of the employer’s activities. Transition to remote work is not a formal change of the place of performance of the labor function, it involves a significant organizational and local regulatory restructuring.Mandatory and optional transfer to a remote form of work involves the inclusion of certain terms in the employment contract, as well as in additional agreements to the employment contract. The classical rules of interaction between an employee and an employer are not applicable for the remote exercise of the labor function. Prior to the conclusion of employment contracts with remote employees of the employer organization, it is recommended that local regulations be developed and published for all the employees to read them. It is important to note that the employee must acknowledge by signing that he has read each local regulatory act.The work of a remote employee means certain specifics of his interaction with the employer, including the use of electronic document circulation system and electronic digital signature.Traditional approaches to determining the working time and rest time of a remote worker are also inapplicable. Such an employee independently and under his own responsibility chooses the mode of work depending on the tasks periodically given by the employer. It is impossible to apply the classical grounds to terminate an employment contract concluded with a remote employee, since it seems necessary to take into account the specifics of the remote labor function.In the doctrine and law enforcement practice, there is no uniform approach to solving problems related to the remote exercise of a labor function, the interaction between a remote employee and an employer. Based on the analysis of current provisions of labor and information legislation, judicial and business practice, conclusions and recommendations are made in the article regarding the solution of problems related to the conclusion and termination of an employment contract with a remote employee, as well as regarding the documents supporting the contract.

Criminal liability for exceeding authority or official authority by a military official

Since the introduction of martial law and general mobilization, the number of criminal offenses committed by military personnel has increased dramatically. According to the Office of the Prosecutor General, the number of criminal offenses under Art. 426-1 “Abuse of power or authority by a military official” increased 4 times in 2022 and amounted to 426. The practice of qualifying military criminal offenses shows significant problems of law enforcement and uneven criminal law and procedural decisions. These problems are primarily due to the lack of resolutions of the Plenum of the Supreme Court of Ukraine on the practice of applying the rules governing liability for military criminal offenses, as well as due to the blanket nature of their dispositions. In this regard, there is an urgent need for a theoretical study of criminal liability issues, in particular, Article 426-1 of the Criminal Code of Ukraine “Excess of power or official authority by a military officer”. to determine the objective and subjective features of the analyzed criminal offense. The author analyzes the main theoretical and applied issues of criminal liability for abuse of power or authority by a military official under the Criminal Code of Ukraine. The author considers the problematic issues of defining the elements of this criminal offense and its individual features. It is established that the mandatory presence of an additional optional direct object is of great importance for the criminal offense under consideration. The author emphasizes the problems which arise when determining the content of abuse of power, abuse of office, and the content of the concept of “substantial damage”. The objective side of the abuse of power or authority by a military official is also considered in detail. It is established that abuse of power or authority by a military official belongs to the material elements of crimes.

Some issues of judicial practice in proceedings on violations of the laws and customs of war

In the second year of the full-scale armed aggression of the Russian Federation against Ukraine, the question of bringing the perpetrators to criminal responsibility for committing war crimes is urgent. At the same time, the criminal law qualification of actions within the scope of the provisions of Article 438 of the Criminal Code of Ukraine stays debatable. The purpose of this study was to investigate the content of some verdicts in proceedings on violations of the laws and customs of war, which were passed after February 24, 2022 in Ukraine, to identify the problems of law enforcement and the performance of procedural requirements regarding their content, since they acquired not only social significance and resonance, but also international ones, and the requirements for their quality can be defined as increased. The study used various methods of scientific research, the most effective and active among which were as follows: systemic-structural, comparative, analysis, and terminological. According to the results of processing the verdicts of the courts of first instance in the proceedings under Article 438 of the Criminal Code of Ukraine, some issues were identified regarding the procedural order of special court proceedings. A causal connection between the violation of the laws and customs of war and the particular situation of a military conflict was established. The circumstances subject to proof for the commission of the specified criminal offence were substantiated and investigated, and the need to specify particular circumstances was argued. Emphasis was placed on the need to consider the particular war situation, the difference and the nature of the connection between these violations and the crime of aggression when proving a violation of the laws and customs of war, with the assumption of the possibility of their influence on political, legal, and other processes, even after its end. The practical significance of this study lies in the need to reflect the results of the application of legal norms related to the implementation of in absentia proceedings in verdicts, primarily regarding the procedure for informing the suspect, the accused about criminal proceedings, ensuring the right to defence and the effectiveness of its implementation

Категория «иная экономическая деятельность»: взгляд законодателя и правоприменителя

The article analyzes the correlation of such categories as “economic activity”, “economic activity”, “professional activity”, “entrepreneurial activity”, “trading activity”. The study is built within the intersectoral aspect. The author emphasizes that currently there is no legal definition of some of the categories under consideration, which creates problems in law enforcement. As part of the study of the aspects under consideration, methods such as comparative legal and analysis are used. The concept of economic activity is revealed in the article through the interpretation of the category “economic entity”. The author adheres to the position that the correct qualification of the legal relationship (as arising from trade, entrepreneurial, economic or economic activity) generates the correct application of legal norms to the regulation of the specified social relationship.

PENERAPAN PIDANA TERHADAP PELAKU PERAMBAHAN HUTAN DIKABUPATEN LOMBOKTIMUR (STUDI DI KECAMATAN SUWELA, DINAS KEHUTANAN DAN SUMBER DAYA ALAM)

The purpose of this study is to determine the application of Law No. 41 of 1999 in dealing with forest encroachment in East Lombok Regency and to determine the factors that influence the ineffective implementation of Law No. 41 of 1999 concerning forest encroachment in East Lombok Regency. While the research method of this writing includes non-doctrinal legal research, while judging from the form of this research is a diagnostic research, which is a research that is intended to obtain information regarding the causes of a symptom or several symptoms, judging from the nature of this research, it is a descriptive research. , which is intended to provide data that is researched as thoroughly as possible about humans, circumstances or other symptoms. From the results of research and interviews, it is concluded that the obstacles and problems in law enforcement against forest encroachment are found in various stages, namely looking at the factors of law enforcement officers, it will be related to aspects of the quality and quantity of the law enforcement officers. Meanwhile, quality is related to the ability or professionalism of law enforcement officers in handling forestry cases, especially forest encroachment. Weaknesses in terms of quality and quantity of law enforcement officers will have a very large influence in dealing with criminal acts of forest encroachment.

Criminal Law Counteraction to Hooliganism in View of Changes to Legislation

The latest edition of the norm on criminal liability for hooliganism has been in force for two years. It is now necessary to assess the criminological situation of counterac­ting this crime and the practice of enforcing Art. 213 of the Criminal Code of the Russian Federation. In order to conduct this assessment, the authors monitored the enforcement of the abovementioned Article and studied 100 publicly available verdicts that were issued by the courts of the Russian Federation for the crimes committed after January 10, 2021. The monitoring was carried out in November–December 2022 using continuous sampling. The study of official statistics showed that there are positive changes in counteracting criminally punishable hooliganism. The express analysis of the results of monitoring court verdicts allowed the authors to identify a number of interesting regularities in the dynamics of criminological indices of hooliganism. The criminal law research of court verdicts showed that, after Art. 213 of the Criminal Code of the Russian Federation was amended at the end of 2020, the old law enforcement problems (qualifying an action as a gross violation of public order, identifying the motive for hooliganism) were aggravated by the new ones (establishing the features of armed hooliganism, qualification of hooliganism in conjunctions with crimes against a person). Since the goal of the monitoring consisted in uncovering the contradictions in law enforcement, the authors limited themselves to identifying the problems and, in this connection, drew the attention to the necessity of special clarifications from the Supreme Court of the Russian Federation.

ALTERNATIVE SANCTION TO IMPRISONMENT IN LAW ENFORCEMENT AGAINST ILLEGAL FISHING PERPETRATORS IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE

The problem of law enforcement against illegal fishing perpetrators in Indonesia's Exclusive Economic Zone or ZEEI needs to find a solution, especially related to imprisonment which cannot be imposed on the perpetrator. Practically, the imposition of fines also cannot be applied optimally with various existing obstacles. It is of course becomes a problem when the coastal state wants to impose a proper punishment for the perpetrators of illegal fishing in the ZEEI. In other words, when the coastal state wants to punish the perpetrators of illegal fishing, but what happens is a legal vacuum that causes the perpetrators of illegal fishing to go unpunished. The resulted of this, the perpetrators of illegal fishing in Indonesia not feeling threatened and deterred from repeating their actions. Based on this background, the focus of the problem in this study examines the urgency of alternative sanctions to imprisonment for illegal fishing perpetrators in ZEEI and alternative sanctions to imprisonment as a model of criminal sanctions policy against illegal fishing perpetrators in ZEEI. The problem approach in this study uses several approaches such as the statute approach, analytical approach, conceptual approach, comparative approach, and case approach.The results of the study shows that alternative sanctions to imprisonment as a model of criminal sanctions policy against illegal fishing perpetrators in ZEEI can optimize community services orders. The perpetrators of illegal fishing in the ZEEI must be responsible for their actions by taking immediate steps to correct the results of their actions through social work. The idea of community services orders that can be done by illegal fishing perpetrators is to actively work in marine and fishery conservation programs, such as coral reef conservation, mangrove planting, sweeping garbage in the sea or beach, and so on. This is due to the impact of illegal fishing itself which damages the environment and fishery ecosystem.