Enforcement System Research Articles

The experience of the countries of the European Union regarding the protection of the rights and freedoms of citizens in penitentiary institutions

The article conducts a theoretical and legal study of the experience of the European Union countries regarding the protection of the rights and freedoms of citizens in penitentiary institutions. The methodological basis of the study was the dialectical method of studying social processes, a systematic approach, general provisions of philosophy, theory of the state and law, constitutional, criminal and criminal law, criminology, psychology and private scientific methods of knowledge: historical, comparative legal, sociological and logical . An analysis of international standards for the treatment and detention of convicts was carried out, issues related to the protection of the rights of individuals, ways of implementing the norms of international legal acts that enshrine human rights and freedoms into national legislation were determined. The rights of persons held in correctional institutions are a set of natural and acquired rights, protected by the state, of persons serving a sentence in the form of deprivation of liberty, enshrined in normative legal acts. The legal interest of convicts understood as the established, state-protected right to realize the convicts’ aspirations to own significant goods, which depends on the fulfillment of a number of conditions established by law. The relevant international standards analyzed and critically evaluated the Minimum Standard Rules for the Treatment of Prisoners, the European Penitentiary Rules, the Tokyo Rules, the practice of the European Union in the field under investigation. The existing standards of restrictions on the rights of prisoners in France, Great Britain, the Federal Republic of Germany, Spain, and Italy reviewed and commented on. The process and problems of implementation of the standards of limitations of rights stipulated in the regulatory legal acts of Ukraine and implementation of the experience of the European Union countries described. It noted that the priorities in the field of execution of punishments in accordance with the Strategy for reforming the penitentiary system for the period until 2026 are: ensuring human rights, observing the minimum standard rules for the treatment and detention of convicted persons, increasing the effectiveness of the criminal enforcement system.

A COMPARISON PRE-TRAINED MODELS FOR AUTOMATIC INDONESIAN LICENSE PLATE RECOGNITION

Automatic License Plate Recognition is related to the Intelligent Transportation System (ITS) that supports the road's e-law enforcement system. In the case of the Indonesian license plate, with various colour rules for font and background, and sometimes vehicle owners modify their license plate font format, this is a challenge in the image processing approach. This research utilizes pre-trained of AlexNet, VGGNet, and ResNet to determine the optimum model of Indonesian character license plate recognition. Three pre-trained approaches in CNN-based detection for reducing time for a build if model from scratch. The experiment shows that using the pre-trained ResNet model gives a better result than another two approaches. The optimum results were obtained at epoch 50 with an accuracy of 99.9% and computation time of 26 minutes. This experiment results fulfil the goal of this research.

О необходимости реализации стратегического подхода в управлении кадрами уголовно-исполнительной системы

The article analyzes strategic approaches to personnel management of modern organizations, the content and results of the implementation of program documents related to the improvement of work with the personnel of the penal enforcement system, and also formulated proposals to improve the personnel strategy of the Federal Penitentiary Service of Russia, contributing to the efficiency of staffing and the activities of personnel services. The topic raised is relevant due to the insufficient elaboration of issues of strategic personnel management of the penal system. In addition, the activities of institutions and bodies of the penal enforcement system in recent years have been carried out in conditions of an acute shortage of personnel, which determines the need to form an effective personnel strategy aimed at high- quality recruitment of staff positions. The analysis of the literature made it possible to identify the main features of strategic personnel management, the objective need to develop personnel strategies. The successful implementation of these areas of the personnel policy of the penal enforcement system will contribute to the improvement of the regulatory and legal support of service.

Comparison review on LIDAR technologies vs. RADAR technologies in speed enforcement system

Comparison review on LIDAR technologies vs. RADAR technologies in speed enforcement system

Ukrainian unitary state: principles of territorial organization, characteristics, specificity of decentralization

The article examines the problem of the unitary state. A key place is occupied by the principles of the territorial system of Ukraine, in particular, people’s rule, publicity, legality, equality of administrative and territorial units, stability, systematicity, compliance with the norms of international law. In the conditions of reforming the territorial system of Ukraine, the objects and phenomena of a territorial nature, the content of the system-forming connections between them undergo qualitative changes. The foundations of the territorial organization of unitary Ukraine are enshrined in the Constitution of Ukraine, in particular, in its article 132. The Basic Law of Ukraine defines that the territorial organization of the state is based on the principles of unity, integrity of the state territory, a combination of centralization and decentralization in the exercise of state power, balanced socio-economic development of regions, considering their historical, economic, ecological, geographical, demographic characteristics, ethnic and cultural traditions. The fundamental principles of the territorial system of Ukraine include: the principle of unitarism, the principle of the inviolability of the territories of Ukraine, the principle of guaranteed territorial integrity and state sovereignty. The article pays special attention to the characteristic features of a unitary state: territorial supremacy, a system of legitimate state authorities, a single constitutional and legal system, a single citizenship, a single and indivisible economic space, a single credit and monetary system and financial policy, national state symbols, national armed forces and law enforcement system, absolute international legal personality. It is emphasized that the formation of a type of unitary state is influenced by the order of formation of administrative and territorial units. The unitary state system of Ukraine is the main underlying principle of the constitutional system of the state. Unitarianism is of great importance and role in the civilizational development of Ukraine. The Constitution of Ukraine declares a combination of centralization and decentralization in the territorial organization of the state. Since 2014, the functioning of public power in Ukraine has been moving away from centralization with an emphasis on decentralization, which is characteristic of the decentralized model of public power. This decentralization should be based on the strengthening of the constitutional and legal status of local self-government. In the unitary state model, the power distribution mechanism works in a special mode characteristic of it, forming a balance of power. Key words: Ukraine, unitary state, principles of territorial organization, signs of a unitary state, democracy, local self-government, decentralization.

러시아연방의 민사소송에서 보전처분과 집행에 관한 연구

The Russian Federation is a geographically neighbor country of the Republic of Korea, but it is a country with little sense of distance due to its history, culture and national system. After the collapse of the Soviet Union, Korea established diplomatic relations with the Soviet Union on September 30, 1990 due to Korea's northern policy and given that the volume of trade between Korea and Russia has been steadily increasing over the past 33 years, the volume of trade in human and material between Korea and Russia will continue to increase in the future.
 Until now, comparative legal exchanges in the legal aspect of Russia in Korea have been insignificant, so Russian law in Korea is a very unfamiliar area in comparative law studies. This paper will explain how the Russian Federation has reorganized legal system for civil litigation through system transition after the collapse of the Soviet Union.
 Today, in the Russian Federation, civil and commercial litigation are concepts of distinction rather than subsidiarity, and both have different applicable laws and exclusive jurisdiction of the courts regarding the litigation procedure. Therefore, the current litigation system for judicial disputes in the Russian Federation is divided into a civil litigation system and a commercial litigation system under a dual system (dualism), and in each area, civil litigation legal relations and commercial litigation legal relations arise according to the relevant laws governing the matters concerning the procedures for disputes to be resolved through courts. The system of provisional disposition and enforcement in civil and commercial proceedings in the Russian Federation is based on the judicial acts of the courts, and there are court decisions (Определе ние суда) and court judgments (Судебный вердикт) as types of judicial acts of the courts regarding the provisional dispositions and enforcement systems. In the case of the preservative disposition system, it is based on a court decision, and the enforcement system is based on a court order or execution judgment of the court.
 Execution in civil and commercial proceedings in the Russian Federation is classified into immediate execution (Немедленное исп олнение) and compulsory execution. In the system of compulsory execution, the institution that actually implements compulsory execution is the Judicial Execution Service, which is an administrative body separate from the courts, under the Ministry of Justice of the Russian Federation. In case of immediate execution in civil and commercial cases, it can be executed by the judicial act of the court according to the related litigation law, whereas compulsory execution is a system that is operated completely separate from the jurisdiction of the court and the litigation law. Therefore, in the remedy of rights related to compulsory execution, the judicial enforcement agency is the actual party as the collector, the person to be collected, and the implementer of the actual compulsory execution. The object of execution and all acts related to compulsory execution by the judicial enforcement agency are separated, and the former must proceed with a lawsuit for the return of unjust enrichment against the object of excessive execution through a civil or commercial lawsuit. In the case of infringement of rights infringed by the illegal compulsory execution of the judicial enforcement agency, a lawsuit for compensation for damages (state compensation) for the illegal acts of the judicial enforcement agency must be carried out through administrative litigation.

On the issue of reforming the system of law enforcement bodies of Ukraine

During the entire period of Ukrainian independence, economic, political, judicial, and administrative reforms are constantly taking place in it. Taking into account the fact that law enforcement agencies are called to ensure the protection of citizen’s rights and freedoms, public law and order and security, protection of the interests of society and the state, accordingly, they could not affect the reform of the entire system of law enforcement agencies of Ukraine. It is emphasized that many scientific works of domestic legal scientists are devoted to the issue of researching the formation and development of the law enforcement system, as well as the activities of law enforcement agencies.However, changes in the political Olympus constantly affect the issue of the reform of the state’s law enforcement agencies. During the period of independence, from the day of the proclamation of the Act of Independence of Ukraine in 1991, until today, the reform of law enforcement agencies has undergone several stages of its reformation. The Decree of the President of Ukraine on the Approval of the Comprehensive Strategic Plan for the Reform of Law Enforcement Bodies as Part of the Security and Defense Sector of Ukraine for 2023–2027, issued on May 11 of this year, essentially initiated a new (modern) stage of reforming the country’s law enforcement agencies.It was concluded that the initiated reform of the system of law enforcement agencies will largely depend on the effectiveness of the Cabinet of Ministers of Ukraine, because it is the Government of Ukraine, being the highest body in the system of executive authorities, that together with the relevant state bodies must develop and approve a plan of measures aimed at the implementation of the Comprehensive Strategic the plan for the reform of law enforcement agencies as part of the security and defense sector of Ukraine for 2023-2027, approved by the Decree of the President of Ukraine. Attention is drawn to certain shortcomings of the Comprehensive Strategic Plan for reforming law enforcement agencies.

An inconspicuous threat to our nation-it’s time to end

It is well known that counterfeit medical products cause harm to patients and fail to treat the diseases for which they were intended. They lead to loss of confidence in medicines, healthcare providers and health systems. They are becoming common in every region of the world. It is believed that up to 10% of all medicines sold worldwide are counterfeit, with higher prevalence in regions where drug regulatory and enforcement systems are weakest. An estimated 1 in 10 medical products in low- and middle-income countries and it contributes to antimicrobial resistance and drug-resistant infections.

Does mandating ESG reporting reduce ESG decoupling? Evidence from the European Union's Directive 2014/95

AbstractThis paper investigates the impact of Directive 2014/95 (hereafter, ‘the Directive’) issued by the European Union (EU) that mandates the disclosure of ESG information on ESG decoupling behaviour by EU‐listed firms and whether the strength of national enforcement systems of member states plays a moderating role in this relationship. Using a difference‐in‐differences design and employing a propensity score matched sample of 3020 firm‐year observations from the EU and the United States, we find that both the passage of the Directive in 2014 and the implementation of the Directive in 2017 have a mitigating effect on ESG decoupling. We also find that the strength of national enforcement systems has no impact on the relationship between the Directive and ESG decoupling. Furthermore, our additional analysis indicates that the effect of the Directive is less pronounced for firms that have their ESG information independently audited. Additionally, we find that the impact of the Directive is more pronounced for firms operating in non‐controversial industry sectors. While the Directive is under ongoing revision by the EU Parliament and Commission to be replaced by the new Corporate Sustainability Reporting Directive (CSRD), our study provides timely insights into the effectiveness of the Directive and its impact on ESG information.

From East to West: Lessons Learned from China and the UK's Approaches to Environmental Regulation of Multinational Enterprises

Environmental regulations play a crucial role in shaping the operations of multinational enterprises (MNEs), with different countries adopting diverse approaches to ensure sustainable development and reduce environmental degradation. This essay will provide an in-depth comparison of the environmental regulations in China and the UK, focusing on critical aspects of their regulatory frameworks, climate change and carbon emissions policies, corporate environmental reporting requirements, and enforcement and compliance systems. The central argument of this essay is that the differences in ecological regulations between China and the UK have significant implications for MNEs operating in these countries, affecting their compliance costs, operational risks, and opportunities for innovation. By comparing the regulatory landscapes in China and the UK, this essay provides valuable insights for policymakers, business leaders, and other stakeholders in understanding the complexities and implications of multinational operations in different regulatory environments.

Establishing the Evaluation Criteria System for Private Security Companies in Hungary

The study was prepared for the research on the creation of the certification system for private security companies operating in Hungary. I hereby present the place of private security in the Hungarian law enforcement system and examine the operation of the certification system for private security companies in international practice. Based on international experience and taking into account laws applicable to businesses, I have developed a criteria system for the pre-certification of businesses. I have also created separate evaluation criteria systems for assessing the financial stability, size, market share and quality of services provided by companies.

Juridical Analysis of Tax Criminal Law Enforcement: an Overview of Legal Regulations and its Implementation in Indonesia

The purpose of this research is to conduct a juridical analysis of criminal law enforcement in the field of taxation in Indonesia. The focus of this study is to evaluate the effectiveness of legislation and its implementation in combating tax crimes. The research method used is a normative juridical approach by examining legislation related to tax crimes, including tax laws, government regulations, and relevant policies. Additionally, an analysis of the legal practices and enforcement of tax crimes in Indonesia is conducted. The research findings indicate that the legislation in the field of taxation has a strong foundation to address tax crimes. However, there are several challenges in its implementation, such as the complexity of tax regulations, lack of adequate human resources and technology, and corruption issues that can affect tax law enforcement. In this context, the research provides recommendations to strengthen the system of criminal law enforcement in tax matters. The recommendations include improving coordination among relevant institutions, enhancing the capacity of human resources in the field of taxation, utilizing information technology to support supervision and tax law enforcement, and increasing transparency and accountability in the process of tax law enforcement. This research is expected to provide a better understanding of the regulation of tax crimes and contribute to the policy and the legislative reforms related to tax law enforcement in Indonesia?

Деятельность Временного правительства по формированию правоохранительной системы Российского государства в 1917 году

The article reveals the historical and legal features of the formation of the Russian law enforcement system during the functioning of the Provisional Government from February to October 1917. The author’s position is presented, according to some value judgments of domestic researchers concerning the formation of the police, the Legal Conference under the Provisional Government, administrative justice and criminalization of society.

Soviet Justice and the Fight Against Crime in the Context of the Transition to a New Economic Policy: Informational and Ideological Aspect (on the Example of Nizhny Novgorod)

The new economic policy and overcoming the managerial crisis strengthened the educational value of the judicial system in the young Soviet state. On the way to the formation of a “revolutionary legal consciousness” in society, the authorities gradually overcame the negative attitude of the population towards the law enforcement system. By the beginning of the 1920s, an important role in improving the quality and efficiency of the judiciary was played by creating a positive image of Soviet justice through information and ideological support of the Soviet courts. This article discusses the problem of the decline in the authority of the judiciary in the post-revolutionary period through the prism of a local micro-historical approach to the application of historical and legal analysis on the example of the city of Nizhny Novgorod. The local newspaper publications serve as the empirical basis of the study. Chronologically, the study is limited to 1921, such a minimum temporal concentration allows us to trace the direct dynamics of substantive changes within the framework of the problem indicated in the article.

What does the demographic profile of convicts tell us about social equity in India?

Social equity is a critical component of social justice and is measured in multiple ways. Conventionally, researchers use literacy levels, workforce participation, political participation and representation, corporate presence, and demographic parity as indicators of social and economic equity. We add law enforcement outcomes to this literature by examining the demographic profiles of convicts in prisons in India for each state and compare it with that of the population of the respective state. To test whether entrenched social inequities have permeated into the law enforcement system, we use three indicators of social identity-religion, caste, and domicile-to create a social equity index (SEI). This is a composite index combining caste, religion and domicile similar in method to the Human Development Index which combines income, education and health. Our indicators are not considered in other popular development indices and is a conceptual innovation. Our paper innovates by combining prison data and census data at the state level over the two latest census rounds (2001 and 2011). We use a spatial panel analysis as well as a distributional dynamics approach to test for bias and transitions over time at the state level. We find that entrenched social hierarchies are mirrored in conviction outcomes and that social identities influence law enforcement. In contrast to earlier studies, we find that states that are conventionally considered to perform poorly in terms of economic and human development have done better in terms of social equity than economically advanced states.

Genesis of social security regulation for police officers in Ukraine

The police reform launched in Ukraine in 2015 was a very important and long-overdue step towards the transformation of both the system of the Ministry of Internal Affairs of Ukraine and the law enforcement system of the country as a whole. However, today, more than seven years after the adoption of the Law of Ukraine “On the National Police”, the reform is still not fully completed, and sharp criticism of numerous problems and shortcomings in the reform process is often heard in the academic community and among representatives of the practical sphere of law. We do not deny the existence of certain gaps and other problematic issues in the current legal framework for the organisation and functioning of the police in Ukraine, but we do not agree with the current opinion that the police reform has failed. A number of aspects, including the state of legislative regulation of social security for police officers, demonstrate the necessary and important positive developments and changes in this area. In order to prove this position, an analysis of the genesis of legal regulation of social security for police officers is made in the article, which will allow tracing the changes in this area both during the period when our State was a part of the Soviet empire and after the declaration of independence and introduction of new ideas and principles of development of the Ukrainian statehood.
 The article examines the legal framework for regulating social security of police officers in Ukraine from the time of establishment of the Soviet police in 1917 to the launch of the police reform in 2015 and introduction of the relevant amendments to the current Ukrainian legislation in this regard. The author identifies the key features of the formation and development of legal regulation of social security of police officers in Ukraine at different historical stages of our country's development. Attention is focused on the dependence of the state of social security regulation of police officers on the ruling elite's vision of the role of police bodies and services in the system of state power.

Colonising the narrative space: unliveable lives, unseeable struggles and the necropolitical governance of digital populations

ABSTRACT Social media platforms play a critical civic role during times of conflict, war, and crises as spaces for people to document and share content that publicises instances of human rights violations, graphic violence, and material destruction. Such content not only function as primary materials in the narration of social and political realities, but also operate as intense sites of control when platforms, state, and non-state actors seek to censor them for various political and opaque reasons. This article argues the gradually increasing intertwinement of corporate-government power, and the asymmetrical application of power to govern our lives in platform spaces, constitutes the necropolitical governance of digital populations. I delineate how the contours of platform necropolitics manifest through asymmetrical content moderation processes, platform policies, and alternative enforcement systems, and describe its operational registers: acts of commission (overenforcement), omission (underenforcement), and exceptionalism (extraordinary exceptions). The article’s theoretical resourcefulness and analytical significance is demonstrated through three qualitative case studies: 2021 Israeli–Palestinian conflict, ‘rest of the world’ counties, and 2022-ongoing Russian–Ukrainian War. The article problematises conventional understandings of necropolitics while providing nuanced conceptualisation into the narrative and curatorial power of corporate-government assemblages of control for digital subjects – especially those most at-risk.

Assessing the efficacy of retail investors’ protection regime in India

ABSTRACT This article explores the strength of the retail investors’ protection regime in India and verifies whether it can withstand vulnerabilities that put retail investors in a precarious position. Delving upon two major causes of vulnerabilities, i.e. concentrated shareholding pattern in the listed public companies and the passive nature of retail investors, this paper establishes the veracity of these claims through the use of data collected from a sample of BSE top thirty companies to establish the effect it brings. This article also evaluates the efficacy of borrowed legislative techniques from other corporate governance regimes to protect investors in companies incorporated in India. Finally, it concludes by highlighting the deficiency in the enforcement system and demonstrating how the Indian corporate regime has failed to plug the vulnerabilities that affect retail investors and provides recommendations to reform the system to safeguard their interests.

The multiple logics of promoting platform interoperability

ABSTRACT Platform interoperability has become a key tool for countries and regions with a significant global digital economy impact to pursue ex ante control strategies for platforms. Promoting Internet platforms to achieve interconnection requires a proper balance of technical, economic, and law-based logic. At the level of technical logic, interoperability includes service interoperability and data interoperability, both within the platform ecosystem and between the competing platforms. At the economic logic level, the size and marketing strategies of the established large platforms constitute a structural threat to digital market competition, which requires ex ante industry regulation beyond the antitrust enforcement system. At the level of law-based logic, promoting the rule of law development of platform interoperability requires establishing a refined interest-balancing mechanism. We need to pioneer the interoperability of services and data within a large platform ecosystem, and promote data interoperability among platforms with a steady pace.

Elements of forensic description of threats or violence against a law enforcement officer

Proper legal regulation of the protection of law enforcement officers from unlawful attacks should be one of the most important tasks of a developed state governed by the rule of law, especially in the context of active hostilities, because even in peacetime law enforcement officers put their health and lives at risk. At the same time, state institutions must provide adequate guarantees to ensure the normal functioning of the law enforcement system.
 The purpose of the research is to study and carry out a comprehensive scientific analysis of the structural elements of the forensic description of threats or violence against a law enforcement officer, to determine their essence, to study the legal framework governing the processes, and to identify possible areas for improving their legal regulation.
 The research was conducted using a range of general scientific and special scientific methods: dialectical, comparative legal, systemic-historical and logical analysis, analogy, formal logic, substantive legal logic, and comparative methods. The author has studied a wide range of scientific sources on the subject matter under study. The materials of investigative and judicial practice have been studied and analysed in detail. Legislative and regulatory acts have been studied and compared.
 On the basis of the conducted research, the author has formed a typical list of elements of the forensic description of threats or violence against a law enforcement officer, and each element has been characterised, and examples of application of the elements in the practical activities of law enforcement officers have been provided. Recommendations have been made on the application of the elements of forensic description which can be used by law enforcement officers and other stakeholders to improve the practical application of forensic description of threats or violence against a law enforcement officer.