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Journal articles on the topic 'Prosecution self-government'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Mykhailiuk, S. S. "Prosecutor’s self-governance: concept and characteristics." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 1105–11. https://doi.org/10.24144/2788-6018.2025.02.165.

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The article is devoted to the study of the problems of defining the concept and characteristics of prosecutorial self-government. The author notes that a proper definition of the concept of «prosecutorial self-government» is impossible without defining its components, namely, the concepts of «prosecutor» and «self-government». In this regard, the article examines these concepts. The author identifies the following characteristics of prosecutorial self-government: 1) it is a type of self-government; 2) it is a type of professional self-government and a manifestation of decentralization in publi

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2

Pierce, Jason R. "Reexamining the Cost of Corporate Criminal Prosecutions." Journal of Management 44, no. 3 (2015): 892–918. http://dx.doi.org/10.1177/0149206315594845.

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Agency theory foments the expectation that corporate criminal prosecutions mitigate crime by inducing firms to self-regulate. Whether this bears out in reality remains a topic of contentious debate. Although the U.S. government began prosecuting firms over a century ago, insufficient empirical evidence exists to determine how the costs of prosecutions actually affect firms. Moreover, the limited empirical record tells a surprising and somewhat confusing story. Scholars of management and related disciplines have consistently found that criminal convictions have negligible impacts on shareholder

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Mykhailiuk, S. S. "Principles of prosecutorial self-government in Ukraine." Uzhhorod National University Herald. Series: Law 5, no. 86 (2025): 187–93. https://doi.org/10.24144/2307-3322.2024.86.5.28.

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The article is aimed at defining the concept and characterising the principles of prosecutorial self-government in Ukraine. It is determined that the principles of prosecutorial self-government are the basic fundamental ideas, provisions and requirements which characterise the essence and content of prosecutorial self-government, the procedure for its implementation, and reflect its main regularities. The author notes that the existence of prosecutorial self-government itself is already defined as a principle of prosecution organisation. The author forms a system of principles of prosecutorial

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Skrynkovskyy, Ruslan, Myroslav Kovaliv, Andriy Pryveda, Mariana Khmyz, Sviatoslav Kniaz, and Dmytro Pavlov. "Features of Development of Professional Self-Government in the System of Prosecution, Judiciary and the Bar of Ukraine." Path of Science 7, no. 6 (2021): 1049–57. http://dx.doi.org/10.22178/pos.71-8.

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Based on a comparative analysis of the sectoral legislation of Ukraine and the practice of its application, the article studies the features of the development of professional self-government in the system of prosecutors, judicial authorities and the bar. It has been found out that prosecutorial self-government in Ukraine is conducted through the Council of Prosecutors of Ukraine (the highest body of prosecutorial self-government in the period between all-Ukrainian conferences of prosecutors) and the all-Ukrainian conference of prosecutors (the highest body of judicial self-government). It has

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Schafer, Jamie A. "What Is In It For Me: How Recent Developments in FCPA Enforcement Affect the Voluntary Disclosure Calculus." Global Trade and Customs Journal 8, Issue 9 (2013): 257–64. http://dx.doi.org/10.54648/gtcj2013035.

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With increasing enforcement of the US Foreign Corrupt Practice Act companies must give consideration to the 'pros' and 'cons' of voluntary disclosure. The benefits of voluntarily disclosing corrupt activity are difficult to discern through comparison with settlement involving non-disclosed activities. Despite the lack of a clear effect on penalty amounts, there are discernible advantages to voluntary disclosure, including preserving the opportunity for the government to formally decline prosecution or agreeing to a non-prosecution agreement ('NPA'). Disclosure also increases the likelihood tha

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6

Berger, Mark. "American Perspectives on Self-Incrimination and the Compelled Production of Evidence." International Journal of Evidence & Proof 6, no. 4 (2002): 218–42. http://dx.doi.org/10.1177/136571270200600402.

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The Fifth Amendment of the United States Constitution provides that no person may be compelled in any criminal case to be a witness against himself. The Boyd decision in 1886 recognised an intimate relation between the privilege against self-incrimination and the restrictions on search and seizure in the Fourth Amendment and created a virtually impenetrable barrier to government demands that a suspect or defendant be compelled to produce evidence against himself. However, since that time the Supreme Court has progressively restricted the scope of Fifth Amendment protection in relation to the c

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Striletska, O. V., and A. Y. Habrelian. "Implementation of the principle of competition in the course of pre-trial investigation." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 168–79. http://dx.doi.org/10.24144/2307-3322.2024.81.3.25.

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The article is devoted to the study of the peculiarities of implementing the adversarial principle in the course of pre-trial investigation. Adversariality determines the image of the entire criminal process, since it implies its construction in which the functions of prosecution, defense and case resolution are separated from each other. This, in turn, gives the court’s verdict a special power of persuasion, increases its legal and social significance. The adversarial principle in the course of pre-trial investigation has its own structure, which consists of four interrelated elements:

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8

Šramel, Bystrík. "Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element?" Social Sciences 11, no. 8 (2022): 364. http://dx.doi.org/10.3390/socsci11080364.

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This paper deals with the issue of the independence of the Prosecutor’s Office of the Slovak Republic as an attribute that allows the Prosecutor’s Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government’s political goals and basic beliefs. In the first chapter, the paper deals with the current constitutional regulation of the Prosecutor’s Office of the Slovak Republic in the context of the legal regulation of its independence. The author points out the problems that arise from the absence of granting the attribu

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9

Ngok, Ma. "State–Press Relationship in Post-1997 Hong Kong: Constant Negotiation amidst Self-Restraint." China Quarterly 192 (December 2007): 949–70. http://dx.doi.org/10.1017/s0305741007002111.

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AbstractTen years after the handover, Hong Kong's media faced multiple pressures. There were few cases of outright prosecution of the media, but there were subtle political and economic pressures. Co-optation of media bosses, fear of losing advertising revenue and media takeovers by pro-Beijing figures brought some of the media into line. This brought editorial shift and self-censorship, as the media systematically shied away from stories that might antagonize Beijing, underplayed negative news for the government and gave the democrats less favourable coverage. Interviews with journalists show

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Ahmed, Aziza. "“Exploitation Creep” and Development: A Response to Janie Chuang." AJIL Unbound 108 (2014): 268–71. http://dx.doi.org/10.1017/s2398772300009399.

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In her article Exploitation Creep and the Unmaking of Human Trafficking Law, Janie Chuang insightfully describes transformations in the discourse on trafficking as it shifted from sex trafficking to human trafficking, and as human trafficking came to be understood as forced labor, and now modern day slavery. With each of these transformations, the United States government, self-anointed “global sheriff” of anti-trafficking efforts, deepened its emphasis on a prosecution-oriented strategy focused on individual perpetrator accountability. As an alternative trajectory, Chuang identifies and convi

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Krushenitsky, A. V. "Characteristics of special objects of demand by the prosecution party." Uzhhorod National University Herald. Series: Law 2, no. 73 (2022): 131–40. http://dx.doi.org/10.24144/2307-3322.2022.73.52.

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The article highlights problematic issues related to the use of such a method of gathering evidence in criminal proceedings as requisitioning things and documents. For the first time among scientists, the issues regarding the possibility of the prosecution to carry out in accordance with Art. 93 of the CPC, requisitioning of a separate category of things and documents that contain a secret protected by law and the owners (administrators) of which are: subjects of power – state authorities, other state authorities, local self-government bodies, authorities of the Autonomous Republic of Crimea,

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12

Anton Borysenko, Halyna Tatarenko, Oksana Brusakova, Alla Pyshna, and Nataliia Bilak. "Prevention of Corruption in Local Self-Government Bodies: Legal Regulation And Foreign Experience." Jurnal IUS Kajian Hukum dan Keadilan 11, no. 1 (2023): 213–25. https://doi.org/10.29303/ius.v11i1.1079.

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The article focuses on the negative impact of corruption on the efficiency of the state, the reduction of the governability of the state, and the deterioration of the organization of public life even in the conditions of war in Ukraine. Prevention of corruption risks in local self-government bodies should be implemented by authorities exclusively at the level of a legislative act, necessarily in compliance with the principle of the rule of law and the corresponding guarantees of security in a certain state. The article analyzes in detail the legislation of Ukraine (administrative and criminal

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Damania, Richard. "Environmental controls with corrupt bureaucrats." Environment and Development Economics 7, no. 3 (2002): 407–27. http://dx.doi.org/10.1017/s1355770x02000256.

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Environmental regulations typify a large class of activities in the public sector where government agencies are required to monitor the degree of compliance. These tasks are usually delegated to bureaucrats who, as self-interested agents, may engage in corrupt behavior. Such problems abound, particularly in developing countries, where corruption is regarded as one of the major causes of environmental degradation. This paper investigates the implications of corruption for the optimal design of environmental regulations and analyses the interaction between the prosecution rate, monitoring rate,

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Chang, Hung Hao, and D. Daniel Sokol. "ADVOCACY VERSUS ENFORCEMENT IN ANTITRUST COMPLIANCE PROGRAMS." Journal of Competition Law & Economics 16, no. 1 (2020): 36–62. http://dx.doi.org/10.1093/joclec/nhaa002.

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Abstract We focus on the question of why firms self-regulate to avoid more severe public regulation in the area of antitrust compliance. We distinguish the effects of an antitrust authority’s outreach and enforcement on firms’ adoption of antitrust compliance programs. Furthermore, we examine the mechanism that may drive an antitrust authority’s actions on firms’ decisions to adopt compliance programs. Using a 2-year survey of 432 firms drawn from the top 300 Taiwanese enterprises and applying mediation analysis, we find that “voluntary” self-regulation actions, encouraged by the antitrust aut

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Yakovleva, Zhanna V., and Vladimir G. Petrovich. "Church and state policy: Problems of interaction (based on the example of the Saratov Volga region 1917–1920s)." Izvestiya of Saratov University. History. International Relations 24, no. 2 (2024): 264–69. http://dx.doi.org/10.18500/1819-4907-2024-24-2-264-269.

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The authors of the article, based on archival material,characterize and analyze the measures of the Soviet government in relation to the church and believers in the 1917–1920s. The article examines events related to the confiscation of churches from believers, the seizure of church valuables from religious buildings in the Saratov Volga region under the pretext of helping the hungry. The authors provide statistical data on the closure of churches, the number of confiscated valuables in the region, conclude that the confiscation of church valuables was accompanied by criminal prosecution of inn

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Bespalko, I. L. "Investigator as a subject of criminal procedural evidence (some aspects)." Uzhhorod National University Herald. Series: Law 4, no. 87 (2025): 37–44. https://doi.org/10.24144/2307-3322.2025.87.4.5.

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Criminal procedural activity as a type of social activity has a cognitive nature. It is aimed at establishing the circumstances of the criminal offense committed, the person who committed it, as well as other circumstances that are important for its proper implementation. This focus of criminal proceedings can be implemented only by providing evidence, which is the main content of criminal procedural activity. It is characterized by regulation by law (determination of the means and procedure for such knowledge, the circle of subjects of evidence), but has many shortcomings and gaps. In accorda

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Bysaha, Yu. "Independence as a key principle of prosecution activities: general principles of implementation." Uzhhorod National University Herald. Series: Law 2, no. 74 (2023): 196–98. http://dx.doi.org/10.24144/2307-3322.2022.74.67.

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The scientific article is devoted to the study of the general principles of implementation of the principle of independence of the prosecutor’s office. It is noted that, as of today, the prosecutor’s office occupies a prominent place in the system of state authorities, since, in accordance with the current legislation, it is entrusted with a number of important powers regarding the maintenance of public accusations, participation in pre-trial investigations, representation of the interests of the state and citizens in court proceedings, etc. Based on the above, the issue of researching t

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Klausen, Susanne M. "‘The Trial the World is Watching’: The 1972 Prosecution of Derk Crichton and James Watts, Abortion, and the Regulation of the Medical Profession in Apartheid South Africa." Medical History 58, no. 2 (2014): 210–29. http://dx.doi.org/10.1017/mdh.2014.6.

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AbstractAfter its formation in 1910 as a self-governing dominion within the British empire, the Union of South Africa followed a combination of English and Roman-Dutch common laws on abortion that decreed the procedure permissible only when necessary to save a woman’s life. The government continued doing so after South Africa withdrew from the Commonwealth and became a republic in 1961. In 1972 a sensational trial took place in the South African Supreme Court that for weeks placed clandestine abortion on the front pages of the country’s newspapers. Two men, one an eminent doctor and the other

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19

Leheza, Yevhen, Tetiana Slutska, and Tetiana Voloshanivska. "ADMINISTRATIVE-LEGAL AND CRIMINAL ASPECTS OF THE PROSECUTOR'S OFFICE: FOREIGN EXPERIENCE AND DIRECTIONS FOR IMPROVEMENT." Revista do Curso de Direito do UNIFOR 16, no. 1 (2025): e252025. https://doi.org/10.24862/rcdu.v16i2.2111.

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The purpose of the article is to clarify foreign experience concerning legal regulation of the prosecutor’s office functioning. Based on a comparative study of foreign prosecutors’ offices, data on their place in the government system, type of model and main functions are given, and this gives an idea of the role and directions of development of the prosecutor's office in the leading countries of the modern world. In Germany, public prosecutor's offices function at all levels of general courts. The Federal Prosecutor General exercises his powers under the overall direction of the German Minist

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20

Mirna Sari, Ni Putu, Bimo Dwi Nur Romadhon Sukadi, and Putu Nomy Yasintha. "The Effectiveness of Tri Hita Karana Based Traditional Village Management in Covid-19 Prevention at Bali." Jurnal Transformative 7, no. 1 (2021): 56–80. http://dx.doi.org/10.21776/ub.transformative.2021.007.01.3.

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Traditional villages are original autonomous villages that control the self-government wheels within that are still alive and their position is recognized in the government system of the Indonesian Republic. The Covid-19 pandemic that is currently happening is causing an economic slowdown and a decline in public health. Bali Regional Government issued a policy in Bali Governor Regulation Number 15 of 2020 regarding the Policy for the Acceleration of Handling Covid-19 in the Province of Bali by reallocating a Traditional Village Fund of Rp. 300,000,000.00 for the response to Covid-19 by involvi

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Makarenko, N. A., O. Yu Makarenko, Yu A. Krasnova, O. V. Nazymko, and D. D. Ivanenko. "Problems of prosecution for crimes against environmental security in the conditions of martial state." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 5 (October 30, 2023): 122–27. http://dx.doi.org/10.33271/nvngu/2023-5/122.

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Purpose. To conduct a study on the problematic issues of prosecution for certain offenses (crimes) related to environmental safety, conduct a study on the criminalization of violations related to environmental safety under martial law. To develop proposals for improving the norms of current legislation in this area. Methodology. The methodological basis of the study is a system of general scientific methods and approaches that provide an objective analysis of the subject under study. Findings. Taking into account the need to properly record the damage caused and obtain an evidentiary base for

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Khan, Saleh Nawaz, Wajid Alim, Abdul Ghaffar, and Muhammad Sohail. "Why do Anti-corruption Agencies Fail in Pakistan? A Phenomenological Study." Journal of Business and Social Review in Emerging Economies 9, no. 3 (2023): 181–90. http://dx.doi.org/10.26710/jbsee.v9i3.2694.

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Purpose: Pakistan's consistently poor ranking on the Corruption Perception Index (CPI) highlights the urgent need to address the pervasive corruption problem in the country. This study aims to explore the reason behind the failure of anti-corruption agencies in Pakistan. Design/methodology/approach: This study has adopted a phenomenological research design. Six in-depth interviews were conducted with government officials working in anti-corruption agencies. NVivo 20 software was used to analyze the data. Findings: The study identified three main themes; Political influence, legisla

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Makosiy, Yu. "On the question of the functional purpose of the prosecutor’s office in the mechanism of protection of constitutional rights and freedoms of man and citizen." Uzhhorod National University Herald. Series: Law 2, no. 74 (2023): 214–19. http://dx.doi.org/10.24144/2307-3322.2022.74.70.

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The scientific article examines certain issues of the functional purpose of the prosecutor’s office in the mechanism of protection of constitutional rights and freedoms of a person and a citizen. It was determined that in the mechanism of human rights protection, the prosecutor’s office performs the human rights function of the state, which is manifested primarily in the protection of fundamental constitutional rights and freedoms of man and citizen and respect for them. The prosecutor’s office, within the limits of its powers, contributes to ensuring national law and order. It was

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Piedade, Igor, and Julia Fonseca Salomão. "Die with dignity:." Revista do CAAP 29, no. 2 (2024): 1–25. https://doi.org/10.69881/pwmwpp09.

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This paper examines the case of Dr. Daniel Karsai, a Hungarian human rights attorney, who suffered from advanced ALS and was seeking euthanasia to die with dignity, in accordance with his spiritual and professional beliefs. However, Hungarian law prohibits euthanasia and imposes extraterritorial jurisdiction, risking prosecution for those assisting in assisted suicide even if it is practiced abroad. Consequently, Dr. Karsai took his case to the European Court of Human Rights (ECHR), arguing that Hungary's total ban on end-of-life decisions violates his fundamental human rights, including the r

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Huh, Soon Chul. "The Refusal to Unlock His/Her Smartphone and Contempt of Court under the Laws of the United States." Wonkwang University Legal Research Institute 39, no. 1 (2023): 3–31. http://dx.doi.org/10.22397/wlri.2023.39.1.3.

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What should the government do if they fail to unlock or hack suspect’s locked or encrypted smartphone when executing a legitimate search and seizure warrant? Currently, in South Korea, there is no criminal provision to punish someone for refusing the government’s request to unlock the smartphone. In contrast, Article 49(2) of the Regulation of Investigatory Powers Act 2000 in the U.K., Article 434-15-2 of the French Criminal Code, and Article 3LA of the Crimes Act 1914 in Australia allow the government to require anyone to cooperate in unlocking or decrypting his or her smartphone in limited c

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Hascaria Budi Prasetyo, Putut Hadi Suprayitno, Deddy Muharman, et al. "Penyuluhan Hukum Tentang Tindak Pidana Penghapusan Kekerasan Dalam Rumah Tangga." JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 1, no. 1 (2022): 358–62. http://dx.doi.org/10.55606/jhpis.v1i1.2860.

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The integrity and harmony of a happy, safe, secure and peaceful household is everyone's dream. Thus, every person in the household sphere in carrying out their rights and obligations must be based on religion. This needs to continue to be developed in order to build household integrity. To realize this wholeness and harmony, it really depends on each person in the household, especially the level of quality of behavior and self-control of each person in the household. The integrity and harmony of the household can be disrupted if the quality of self-control cannot be controlled, which in the en

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Korobka, Vadym, and Yulia Korobka. "ADMINISTRATIVE SUPERVISION OVER THE ACTIVITIES OF THE CITY SELF-GOVERNMENTS OF THE EKATERINOSLAV PROVINCE (1870 – 1913)." Skhid, no. 2(1) (April 30, 2021): 5–11. http://dx.doi.org/10.21847/1728-9343.2021.2(1).229423.

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It has been stated that in the practice of the Ekaterinoslav provincial presence for the zemstvo and city affairs, there are cases of detection of significant violations in the activities of public administrations of cities. The result was the initiation of criminal cases or the imposition of or disciplinary action against employees and even heads of communal institutions. There were also cases of unjustified prosecution of municipalities, which was accompanied by many years of litigation. It has been determined that the Governor, the Provincial Presence, the Senate in their control and appeal

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Stern, Laura Ikins. "Inquisition Procedure and Crime in Early Fifteenth-Century Florence." Law and History Review 8, no. 2 (1990): 297–308. http://dx.doi.org/10.2307/743995.

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The central institutions of the Florentine criminal law system in the early fifteenth century were still the medieval courts of the three foreign rectors, the Podestà, the Captain of the People, and the Executor of the Ordinances of Justice, just as they had been throughout the fourteenth century. Similarly, criminal trials were conducted using inquisition procedure just as they had been from the late thirteenth century. Important changes, however, had taken place and were continuing to take place in the offices of the rectors and in inquisition procedure that greatly enhanced the effectivenes

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DANYLCHENKO, Vita. "Basic elements of the principle of advocacy independence." Economics. Finances. Law, no. 4/2 (April 29, 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(2).5.

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The paper considers the principle of independence in the activities of the bar as one of the fundamental organizational principles. Advocacy that is not given an adequate level of independence cannot live up to reasonable expectations of their performance. The relevance of the topic is that, only through the approval and proper observance of this principle, it is possible for the bar to properly exercise its powers. Particular attention is paid to the main elements of the principle of independence as meaningful components that allow a comprehensive study and determine the essence of this princ

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Ritmontree, Sujitta, Manop Kanato, and Poonrut Leyatikul. "The health, economic, and social effects of cannabis use in Thailand." F1000Research 8 (May 3, 2019): 614. http://dx.doi.org/10.12688/f1000research.17391.1.

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Background: Controversy surrounds the harm and benefit of cannabis use. Further research on the impact of cannabis might guide the government in developing appropriate policies. This research aims to examine the health, economic, and social effects of cannabis use in Thailand. Methods: From a prospective cohort of 261 cannabis users in Kalasin province, Thailand, we followed 45 cannabis users over 1 year as part of an in-depth study. Quantitative and qualitative data on the health, social, and economic consequences of use were gathered. In-depth interviews, participant observation by researche

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Ablaeva, E. "Specialized investigative courts and judges in the Republic of Kazakhstan." BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 148, no. 3 (2024): 8–29. http://dx.doi.org/10.32523/2616-6844-2024-148-3-8-29.

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The paper deals with the issues of arrangement, organization and functioning of specialized investigative courts and judges in the Republic of Kazakhstan. The general and particular factors that were the conditions for the emergence and formation of specialized investigative courts and judges in the Republic of Kazakhstan are described. The relevance of the chosen topic is connected with the course of development of the judiciary and the improvement of the judiciary of the Republic of Kazakhstan in accordance with the principle of «specialization of courts and judges» that has lasted for three

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Ablaeva, E. "Specialized investigative courts and judges in the Republic of Kazakhstan." BULLETIN OF L.N. GUMILYOV EURASIAN NATIONAL UNIVERSITY LAW SERIES 148, no. 3 (2024): 8–30. http://dx.doi.org/10.32523/2616-6844-2024-148-3-8-30.

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The paper deals with the issues of arrangement, organization and functioning of specialized investigative courts and judges in the Republic of Kazakhstan. The general and particular factors that were the conditions for the emergence and formation of specialized investigative courts and judges in the Republic of Kazakhstan are described. The relevance of the chosen topic is connected with the course of development of the judiciary and the improvement of the judiciary of the Republic of Kazakhstan in accordance with the principle of «specialization of courts and judges» that has lasted for three

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Goldenbaum, Donald M., Myra Christopher, Rollin M. Gallagher, et al. "Physicians Charged with Opioid-Analgesic Prescribing Offenses." Journal of Medical Regulation 94, no. 3 (2008): 21–31. http://dx.doi.org/10.30770/2572-1852-94.3.21.

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ABSTRACT Objective. To provide a “big-picture” overview of the characteristics and outcomes of recent criminal and administrative cases in which physicians have been criminally prosecuted or charged by medical boards with offenses related to inappropriate prescribing of opioid analgesics. Design: We identified as many criminal and administrative cases of these types as possible occurring between 1998 and 2006. Cases were identified using a wide variety of sources, including organizational and government-agency databases, published news accounts and websites. Factual characteristics of these ca

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Sharova-Aidaieva, O. O. "Subject matter of proof and peculiarities of collecting evidence in the investigation of crimes committed against the law enforcement officers." Bulletin of Kharkiv National University of Internal Affairs 103, no. 4 (2023): 292–301. http://dx.doi.org/10.32631/v.2023.4.28.

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The defence and security sector plays a significant role in ensuring the national security of the state, the vast majority of which are law enforcement agencies. Based on the specifics of the activities of the bodies and units entrusted with the implementation of the law enforcement function, the state guarantees criminal law protection of their life, health, private property, professional authority, and the ability to perform their professional duties without hindrance, etc. Nevertheless, the proportion of recorded crimes involving law enforcement officers remains quite significant, which nec

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Stefanchuk, M. M. "STRENGTHENING THE INDEPENDENCE OF THE SPECIALIZED ANTI-CORRUPTION PROSECUTOR’S OFFICE IN UKRAINE: CURRENT TRENDS." Constitutional State, no. 51 (October 15, 2023): 41–52. http://dx.doi.org/10.18524/2411-2054.2023.51.288388.

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The article highlights some current trends in strengthening the independence of the Specialized Anti-Corruption Prosecutor’s Office in Ukraine. It is stated that one of the main current challenges that necessitate further reform of its legal status is the international obligations assumed by Ukraine to further strengthen the fight against corruption as a prerequisite for its European integration. The purpose of the article is to identify the current trends in reforming the legal status of the Specialized Anti-Corruption Prosecutor’s Office with a view to strengthening its independence, and the

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Shevchuk, H. V., and O. M. Voluiko. "Administrative approach to preventing organized crime: European experience and prospects for Ukraine." Analytical and Comparative Jurisprudence 2, no. 3 (2025): 314–20. https://doi.org/10.24144/2788-6018.2025.03.2.50.

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Organized crime is one of the most dangerous phenomena of modern society, which harms not only national security, but also undermines the foundations of law and order, economic stability and citizens’ trust in state institutions. Traditional methods of struggle, in particular the criminal legal mechanism of prosecution, are not always effective enough in combating this complex social phenomenon, especially at the stage of its formation and development. This article examines the administrative approach to preventing organized crime as a key component of the modern system for ensuring national a

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Varha, Yu Yu. "ADMINISTRATIVE FORMS AND METHODS OF ACTIVITY OF PROSECUTOR SELF-GOVERNMENT BODIES." Juridical scientific and electronic journal, no. 2 (2024): 689–93. http://dx.doi.org/10.32782/2524-0374/2024-2/171.

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Riabchuk, Mykola. "Calling a spade a spade. Russian propaganda rhetoric as probable evidence of genocidal intentions." Political Studies, no. 6 (2023): 146–61. http://dx.doi.org/10.53317/2786-4774-2023-2-7.

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The number and scale of war crimes and crimes against humanity committed by the Russian military in Ukraine since the start of the all-out invasion in February 2022 have prompted many experts and politicians to define this brutality as genocide and seek prosecution of the perpetrators under international law. Ukrainian investigators and prosecutors, in cooperation with foreign colleagues, are carefully documenting relevant facts, while lawyers and diplomats are looking for optimal ways to administer justice within existing or newly created international judicial institutions. At the same time,

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Kim, Bong-Soo. "A Study on Article 17 of the Act on Counter-Terrorism for the Protection of Citizens and Public Security : Focusing on the Meaning of 'Incitement' and 'Recommendation' of Joining a Terrorist Organization." Korean Association for Terrorism Studies 17, no. 4 (2024): 5–25. https://doi.org/10.46350/kats.2024.17.4.5.

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The Supreme Court overturned the lower court's acquittal of Syrians accused of inciting membership of the extremist terrorist group Islamic State (IS). The Supreme Court decided to instigate a large number of people to join IS by posting posts such as praising the Islamic State (hereinafter referred to as “IS”) and its affiliated terrorist groups on its Internet Facebook account, and posting a link to a Telegram chat room where people who like IS can immediately have a 1:1 conversation with IS members after seeing the posts, and posting articles and videos praising the idea of IS, a terrorist

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Kalacheva, E. N. "The problems and solutions of the defense lawyer in criminal court: digital time challenges." Courier of Kutafin Moscow State Law University (MSAL)), no. 11 (January 14, 2021): 112–23. http://dx.doi.org/10.17803/2311-5998.2020.75.11.112-123.

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The article discusses the rules of appointing a defense lawyer in criminal proceedings. The author analyzes the regional chambers of lawyers practice; based on the analysis of the disciplinary practice, the author identifi es the main problems that appear in the activities of defense appointed lawyers while using the automated systems for distributing assignments between appointed lawyers by the bodies of inquiry, investigation or court, and possible ways to solve them. The article draws attention to the fact that the introduction of automated systems for appointing lawyers as defenders in cri

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Surlan, Tijana. "Recognition in international law: The case of Kosovo and Metohija." Zbornik Matice srpske za drustvene nauke, no. 151 (2015): 289–306. http://dx.doi.org/10.2298/zmsdn1551289s.

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Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical) part of the paper pre

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Said, Wadie E. "Terrorism Prosecutions, Material Support, and Islamophobia." Comparative Studies of South Asia, Africa and the Middle East 40, no. 2 (2020): 243–47. http://dx.doi.org/10.1215/1089201x-8524160.

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Abstract With Islamophobia rife and the government list of foreign terrorist organizations (FTOs) telling us who is a threat, marginalized populations are being targeted and can expect a hostile and negative prosecutorial outcome. The large majority of terrorism prosecutions center on material support charges, which by their very structure concentrate on FTOs that are largely Islamist in ideology. Attaching a terrorist taint to a population based on its religious affiliation generates a kind of self-perpetuating law enforcement bias and prosecutorial outcome. Such police state tactics and assu

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Semenov, Vladimir A., and Vladimir V. Ereshkin. "Cultural Heritage and Local Self-Government." Administrative Consulting, no. 4 (172) (June 7, 2023): 48–71. https://doi.org/10.22394/1726-1139-2023-4-48-71.

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Because of the special history of the development of St. Petersburg, within the territory of the municipality there are both individual historical monuments and complex cultural heritage ensembles, which include many parts of the ensemble, which in turn, are individual historical monuments. At the same time, while there is a comprehensive approach to the preservation of the heritage of St. Petersburg at the level of state policy, in modern practice facts have been revealed which do not comply with the above policy, and in some cases are of an offence requiring a prosecutorial response. Existin

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Bespalko, І. "Features of the application of temporary access to things and documents in the process of criminal procedural evidence." Uzhhorod National University Herald. Series: Law 2, no. 77 (2023): 217–22. http://dx.doi.org/10.24144/2307-3322.2023.77.2.37.

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In accordance with Part 2 of Art. 93 of the Criminal Procedure Code of Ukraine (hereinafter referred to as the Criminal Procedure Code), the prosecution, as a subject of evidence in a judicial investigation, obtains evidence through conducting investigative (detective) actions and covert investigative (detective) actions, requesting and receiving things, documents, information, experts' conclusions, audit conclusions and inspection reports from public authorities, local self-government bodies, enterprises, institutions and organizations, officials and individuals, as well as carrying out other

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Blagodyr, A. A., V. S. Blahodyr, and S. M. Blagodyr. "Compliance with the procedural form during the expert examination in criminal proceedings." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 357–61. http://dx.doi.org/10.24144/2788-6018.2023.03.64.

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The paper examines issues related to the problems of compliance with the procedural form during the appointment and conduct of expert examination in criminal proceedings.Attention is drawn to the fact that the importance of the procedural form is difficult to overestimate, as it is one of the most important guarantees of criminal justice, which is aimed at ensuring the rights and legitimate interests of all persons participating in the proceedings. Criminal procedural form is the law defined order of criminal proceedings in general, the order of execution of individual procedural actions, and

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Митин, А. Н. "К вопросу об эффективности управленческой деятельности в органах прокуратуры". СОВРЕМЕННОЕ ПРАВО, № 11 (30 листопада 2020): 54–66. https://doi.org/10.25799/ni.2020.99.75.008.

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Введение. В научной статье представлен аналитический материал о природе эффективности управленческой деятельности и формах ее достижения в системе органов прокуратуры Российской Федерации. Отечественная традиция выделяет несколько объектов изучения при рассмотрении форм управленческих воздействий в рамках разных дисциплин, особенно государственного, местного самоуправления, управления в правоохранительной деятельности. Система органов прокуратуры Российской Федерации совместно с другими государственными органами призвана обеспечивать соблюдение прав и свободграждан, их реализацию, законность и

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Park, Ho Hyun. "Discussion on the rational role of the police : Focusing on the right to investigate espionage activities." Forum of Public Safety and Culture 35 (October 31, 2024): 33–43. http://dx.doi.org/10.52902/kjsc.2024.35.33.

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The police of past obeyed the government's orders regardless of whether they are legal or illegal by passing through the Japanese colonial period, the US military government, and the military dictatorship, rather than protecting people's lives, bodies, and property which is its most important mission. However, a change of the times on the development of democracy leaded people to recognize that nothing is more important than protecting the people's human rights. The police also realized that it must change itself, and this led to the organization's self-purification. Through this, the police h

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Blicharz, Jolanta. "W kwestii stosunków zachodzących w sferze zewnętrznej i wewnątrzorganizacyjnej stowarzyszeń jednostek samorządu terytorialnego." Przegląd Prawa i Administracji 115 (February 26, 2019): 9–17. http://dx.doi.org/10.19195/0137-1134.115.1.

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ON EXTERNAL AND INTERNAL RELATIONS OF ASSOCIATIONS OF SELF-GOVERNMENT UNITSFor determining the legal character of norms regulating internal relations within the associations of self-government units, the important provision is article 29 paragraph 2 item 2 Act on associations. This provision limits the possibility of repealing the resolution of an association’s organ also concerning the members of that organ, which is not in compliance with the law or the statute: repealing can be done by the court only, in non-litigation proceedings, on application of the supervisory organ or the prosecutor.

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Шандула, О. О. "Виникнення та розвиток безоплатної правової допомоги в Україні". Форум права 70, № 5 (2021): 56–64. https://doi.org/10.5281/zenodo.5529535.

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<strong>Постановка проблеми.</strong> Безоплатна правова допомога в Україні є однією із засад правової системи в цілому. Прерогативу на правову допомогу зафіксовано на найвищому законодавчому рівні та закріплено в Конституції України. Інститут безоплатної правової допомоги пройшов довгий і важкий шлях історичного розвитку, дослідження якого є необхідним для удосконалення цього інституту в наші часи. <strong>Мета </strong>статті полягає у визначенні та характеристиці основних періодів становлення та розвитку безоплатної правової допомоги на теренах України від часів існування Київської Русі до

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Shvydka, T. "Economic and legal responsibility for anti-competitive collected actions in the form of correction of the results of tender, bids, auctions, competitions as a manifestation of collected behavior of procurement participants." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 276–81. http://dx.doi.org/10.24144/2788-6018.2024.01.48.

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The article is devoted to consideration of the issue of coordinated behavior of participants and customers of public procurement. The need to observe the principles of competition in the public procurement procedure is substantiated. The key point in conducting procurement is compliance with the conditions of competitive selection of the procurement winner, elimination of the possibility of victory of the "necessary” participants and overcoming corruption and speculation. Regulation of public procurement mechanisms is a combination of economic and legal and administrative legal aspects. Relati

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