Administrative and Criminal Justice最新文献

{"title":"REFORMS IN THE CRIMINAL JUSTICE SYSTEM. LESSONS LEARNED FROM THE REPUBLIC OF LITHUANIA","authors":"Gediminas Bučiūnas","doi":"10.17770/acj.v1i93.6943","DOIUrl":"https://doi.org/10.17770/acj.v1i93.6943","url":null,"abstract":"The paper consists of two parts: one - analysis of obtaining permission to conduct pre-trial investigative action from economic aspects and another on the lessons learned in the Republic of Lithuania during the reforms in the civilian security sector.An essential component of an effective pre-trial investigation is not just investigative actions prescribed by criminal procedure laws, their procedures for conduction during one of the criminal process stages – a pre-trial investigation, qualification of investigators, prosecutors, their skills, secondary law that regulates conduction of investigative actions in details. Also, how does the investigative action work at the preliminary stage of conducting the investigative actions? Is it effective and efficient? For example, in obtaining permission for such actions as a search, covert surveillance, or wiretapping. The author analyses investigative actions from an economic point of view in the first part of this paper.              The paper aims to introduce obstacles, misunderstandings, and committed mistakes before launching and during the implementation of the reforms in the Lithuanian criminal justice system after the collapse of the Soviet Union, namely, in the civilian security sector. The author of this paper presents his experience through bullet points named “lessons learned” of being a participant in the above-mentioned reforms. The outcomes of this paper are going to be important in light of the reform in the civilian security sector launched and still going on in Ukraine after the Revolution of Dignity of 2014. It helps to avoid mistakes that were made during reforms in the Republic of Lithuania.  ","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115701343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DETENTION IN THE LEGISLATION OF EUROPEAN STATES","authors":"I. Bulgakova, V. Rudnev","doi":"10.17770/acj.v1i93.6735","DOIUrl":"https://doi.org/10.17770/acj.v1i93.6735","url":null,"abstract":"The article is devoted to the topical issue of the theory and practice of criminal procedure: the analysis of the problems of the legal regulation of procedural coercive measures - detention and arrest. The authors outline both the constitutional framework of both procedural means and the topicalities of their legal regulation, and also summarize the directives of the Council of Europe and the Parliament. The problem of terms of detention and their review has been defined, guarantees of the rights of detained persons, incl. guarantees of the rights of minor children.At the end of the article, the conclusions and some proposals for the improvement of the legal framework in the Latvian Criminal Procedure Law and the Criminal Procedure Code of the Russian Federation are summarized.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114465343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"METHODS OF SCIENTIFIC RESEARCH IN JURISPRUDENCE","authors":"Aleksandrs Baikovs","doi":"10.17770/acj.v1i93.6944","DOIUrl":"https://doi.org/10.17770/acj.v1i93.6944","url":null,"abstract":"The article reveals the content of the category \"methodology\", the general philosophical and methodological principles of cognition, which are usually defined by the term \"philosophical foundations of science\"; tasks in the development of general scientific, conceptual problems, conceptual and categorical apparatus, which are concretized by the relevant legal sciences.The article is dedicated to the study of cognitive methods, research in law, incl. In the civil law. It examines the principles of humanities methodology, the system of scientific knowledge methods, its structure, the elements of which are: (1) general (philosophical) method; (2) general scientific methods; (3) interdisciplinary methods; (4) methods of individual legal disciplines, the essence of which is determined, first of all, by the subject of research, the degree of generality of the tasks to be solved. Among recent general cognitive methods, such methods as: synergistic, systemic-dialectical, system approach method, deterministic method are often mentioned.Levels of cognition are characterized, the main criteria for their differences (theoretical and empirical cognition) are: (1) the nature of the research subject; 2) type of research tools used; (3) features of the method, as well as the interaction of the acquired knowledge and its conceptual interpretation, explaining the genesis and interaction of the acquired knowledge, its conceptual interpretation.The aim of the study is to analyze the opinions expressed about the concepts, nature, structure and meaning of cognitive (research) methods: law, the nature of general law and the features of sectoral methods in creating the structure of law in general, their systematization, as well as the nature and structure of the method of legal regulation of civil rights.The object of research is the concept, essence, structure, role and meaning of cognitive (research) methods.The tasks of the research are determined by its purpose, and they consist of the identification of the theoretical approaches of law, their nature, structure, and legal knowledge (research) methods.The article highlights the main aspects characteristic of any cognitive method: (1) objective-content; (2) operative; (3) praxeological aspect.Attention is drawn to the fact that nowadays, in addition to the materialistic dialectic, the idealistic dialectic can certainly be used in scientific research. ","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130003160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"USING LEGAL ENTITY IDENTIFIER (LEI) ON BLOCKCHAIN FOR REDUCING MONEY LAUNDERING RISKS AT FINANCIAL INSTITUTIONS","authors":"Makhmud Makhmudov","doi":"10.17770/acj.v1i93.6733","DOIUrl":"https://doi.org/10.17770/acj.v1i93.6733","url":null,"abstract":"The increasing use of blockchain technology nowadays can play a key role in using the decentralized network as a standard database for the unified and secured registry, through which financial institutions can conduct a relevant customer due to diligence measures and business transactions by verifying organizations’ Legal Entity Identifier (LEI) codes, self-sovereign identifiers managed by the Global Legal Entity Identifier Foundation (GLEIF). With proper implementation, this solution can be applied to blockchain networks, offering the additional advantage of quality control and detailed business analysis. Thus, by giving financial institutions the benefit of interacting with legal entities that have proved their reputation and, therefore, by reducing the money laundering risk at financial institutions, blockchain technologies now could reach global standardization and acceptance by financial institutions worldwide.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129240427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ADMINISTRATIVE OFFENCE PROCEEDINGS IN INSTITUTION","authors":"Ināra Ziemele","doi":"10.17770/acj.v1i93.6730","DOIUrl":"https://doi.org/10.17770/acj.v1i93.6730","url":null,"abstract":"Law on Administrative Liability and amendments of sectoral laws came into force on 01.07.2020. and decentralized the rules on administrative liability law. From 01.07.2020. administrative offences, penalties and offence proceedings in construction are stipulated in Construction Law. The aim of paper is to summarize and analyse the main information about administrative offence proceedings in an institution, so that not only performed procedural actions of the institution, but also the rights of persons who participate in administrative offence proceedings would be observed in order to reduce the possibility to contest the decisions taken by an institution. The work is based on administrative offence proceedings in the building authority, but the review can also be useful in other sectors. In order to achieve set goals, the author reviewed the regulatory enactments regulating the researched issue, published sources and information available on the internet, which was published until 03.12.2021. There are summarized and analyzed researched information and put forward conclusions. The main conclusion shows that it is important not only to perform procedural actions within the time limits prescribed by the Law on Administrative Liability, but also justify decisions.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131476139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE PROBLEMATIC ASPECTS OF THE QUALIFICATION OF COMPLEX CONCEPTS","authors":"Edvards Pilipsons","doi":"10.17770/acj.v1i93.5409","DOIUrl":"https://doi.org/10.17770/acj.v1i93.5409","url":null,"abstract":"This article examines the problematic aspects of the qualification of legal categories involved in the formation of the rules of contractual succession and, accordingly, determining the essential components of transactions of this legal institution.Also this article analyzes collision links that determine the models of legal regulation in situations determined by donation and donation in case of death conflict factors. Donation in transactions and contracts, provided by contractual succession is involved as a legal basis, in special cases determining subject and object status of the participants in a particular relationship. Also, donation is involved in the formation of the will of the participants.Article considered issues related to the qualification of concepts in accordance with the factor determining the right to establish succession contracts and the right of the place of execution of these contracts.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125975797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE RIGHT TO A FAIR TRIAL IN THE SHADOW OF PANDEMIC RESTRICTIONS","authors":"Māris Intlers, Kristaps Mikoss","doi":"10.17770/acj.v1i93.6732","DOIUrl":"https://doi.org/10.17770/acj.v1i93.6732","url":null,"abstract":"The spread of Covid-19 virus infection, in 2020 Latvian legislator adopted several legal norms expanding the possibilities of courts to hear the case in written proceedings or videoconferencing at the expense of restrictions to the oral hearing in presence of the parties. The authors argue why the application of these restrictions, set out in the Covid-19 Infection Control Act (in Latvian – “Covid-19 infekcijas izplatības pārvaldības likums”) may result in human rights violations, and make suggestions for better regulation so that the fight to protect public health is not conducted at the expense of unreasonable restrictions on the right to a fair trial and privacy.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129888851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL STATUS OF THE DIGITAL PROFILE OF THE SUBJECTS OF CIVIL LEGAL RELATIONS","authors":"A. Rozhkova, I. Andreyanova","doi":"10.17770/acj.v1i89.5319","DOIUrl":"https://doi.org/10.17770/acj.v1i89.5319","url":null,"abstract":"The aim of the work is a legal risk assessment to identify subjects of civil relations in order to implement commercial transactions safely using a digital profile. The paper attempts to assess the digital transformation of civil relations and the implementation of legal regulators for the protection and security of the subjects’ digital profile of. The aspects of “digital profile’s” definition interpretation as well the legal status separate signs for citizens and business entities of the notification procedure, differentiation of both rights to dispose and to use are reflected. The law enforcement practice of civil transactions in the course of digital resources’ turnover, as well as the attraction and imposition of administrative penalties are proposed, and a number of conflicts is identified due to the latency of illegal actions, the lack of digital competent human rights bodies and digital investigative tools.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115375414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE COMPOSITION OF THE ADMINISTRATIVE OFFENCE AND THE PROBLEMS OF ITS QUALIFICATIONS","authors":"Jelena Zikina","doi":"10.17770/acj.v1i89.4315","DOIUrl":"https://doi.org/10.17770/acj.v1i89.4315","url":null,"abstract":"The administrative-legal science pays a great attention to the study of administrative offences’ qualification. When analyzing any part of an administrative offence, the issues of qualification always take the lead. This paper focuses on the most controversial and at the same time practically important issues. The composition of an administrative offence is a legal basis for the qualification of an administrative offence in accordance with a specific article of the law establishing administrative responsibility.The structure of an administrative offence is a combination of four elements: the object, the objective side, the subjective side and the subject, the presence of which is necessary and sufficient for the recognition of a socially harmful act as an administrative offence. These elements are called necessary because they must be present in any case when deciding whether to bring to administrative responsibility. In the absence of at least one of these elements, a person cannot be held administratively liable.In this paper, the composition of an administrative offence is considered as the basis for the qualification of administrative offences. In connection with the mentioned above, the problems’ study of administrative offences’ qualification, necessitates the further theoretical study of issues related to its concept, purpose, and implementation.","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132195160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CHARACTERISTICS OF THE CONSTITUENT ELEMENTS OF A CRIMINAL OFFENCE – PERSECUTION","authors":"A. Kipāne","doi":"10.17770/acj.v1i89.4420","DOIUrl":"https://doi.org/10.17770/acj.v1i89.4420","url":null,"abstract":"From January 1, 2018, amendments to the Criminal Law, which provide criminal liability for the persecution of a person, came into force in Latvia. The constituent elements of persecution are defined as a specific form of violence.The aim of the paper is to describe the constituent elements of persecution based on the theory and practice of criminal law. During the study, the author provides a framework of the criminal law theory and outlines the elements of the persecution. The object of the study is the criminal relations, which arise from the persecution of another person. The subject of the study is the criminal legal framework to be followed for the determination of criminal liability. The following legal interpretation methods and approaches have been used in the study: grammatical, systematic, teleological, and historical, as well as analytical method for analysing doctrine and practice of criminal law. Doctrines of criminal law, national legislation, and the sources of legal literature relevant to the aim of the paper have been in the study, too.The analysis carried out leads to the conclusion that persecution covers a wide range of socio-psychological behaviour that manifests in the sacrifice’s victimization and specific harm caused to him/her. Persecution is an active illegal, threatening activity in the form of repeated or lasting tracking, surveillance of another person, expressing threats or unsolicited communication with such a person, if victim have had reasonable grounds to fear for their safety or the safety of their relatives","PeriodicalId":190864,"journal":{"name":"Administrative and Criminal Justice","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115238212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}