“MEĐUNARODNA POLICIJSKA SARADNJA ” - ELDAN MUJANOVIĆ
Review of: Kenan KAPO - „Međunarodna policijska saradnja“, dr. sc. Eldana Mujanović
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Review of: Kenan KAPO - „Međunarodna policijska saradnja“, dr. sc. Eldana Mujanović
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This article considers the problem of counteracting the illegal trade in wild fauna and flora in Poland, with special regard to the social control of supply and demand of wildlife. Both social control of the demand for wild fauna and flora and the control of the supply part of this phenomenon are burdened with certain drawbacks, by definition, integrated into both models. In order to effectively counteract illegal trade in wild fauna and flora, it is necessary to recognize the patterns of the phenomenon and to design a social and criminal policy in this area that will be an adequate response to both the supply of the phenomenon and its demand. The main aim of the project was therefore to present the results of qualitative research conducted with experts dealing with the phenomenon of illegal trade in wild fauna and flora in Poland.
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The purpose of the article is to analyze the essence and statutory signs of an offense by blocking a telephone emergency number, as well as referring to the penalties for them. It was introduced to the Code of Offenses in 2017, and it happened at the initiative of the President of the Republic of Poland. So far, it has not been extensively analyzed by representatives of the science of criminal law in separate studies devoted to it, and therefore this study may benefit from the privilege of innovation using what was previously written about this offense. Criminal liability for them is to contribute to reducing the number of cases of fraud in this respect, which has been and is quite a lot, both by preventing them and by prosecuting them for such behavior. This offense is universal, intentional and punishable by detention, restriction of liberty or a fine. It is also possible to make a decision in connection with his committing. It is a pity that he was not dedicated to a separate editorial unit of the Code of offenses, somehow combining them with a false alarm offense. Prohibition of such behavior under the threat of criminal penalties should be assessed positively, with some doubts about the statutory features of this offense, including blocking itself, which should not be equated with blocking the emergency number. A longer time perspective is needed to assess its real role in reducing the scale of such abuse, but it is certainly needed in the system of offenses as offenses.
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The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.
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The paper analyses the mechanism of a penal order as a consensual procedure aimed at relieving the criminal justice system in cases of minor criminal offences by avoiding a trial. The study aims to analyse the Croatian normative framework and case law in order to determine the distinctive traits of the penal order procedure in a comparative legal context, disclose the procedural reality and detect its shortcomings. The paper focuses on the substantive and procedural requirements for the issuing of a penal order, the judicial control of the indictment requesting a penal order, the defence rights in the proceedings before the issuing of a penal order and the position of the victim. These key elements were researched through normative, theoretical and comparative analysis of German, Austrian, Italian and French law and conclusions were tested in the case law of the Municipal Criminal Court in Zagreb and the Municipal Court in Split. The results of the research reveal that the expansion of the application of the penal order to graver offences punishable by five years of imprisonment and to more severe penalties such as deprivation of liberty, as well as deviations from some fundamental criminal procedural principles inherent in the penal order procedure, raise the question of providing adequate procedural guarantees for the defendant and the victim.
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The main purpose of the paper is to analyze the phenomenon of transnational criminal groups in Spain in the context of drug trafficking, especially cocaine. It shows mechanisms and manifestations of some activities of criminal networks, emphasizing the significance of Latinoamerican and Moroccan ‘drug industries’. The main finding of this study recognizes that Spain plays a key role in the organized transnational crime smuggling drugs to the European Union. The article analyses the cultural, social and economic background of the criminal groups operating in Spain. It refers also to different aspects of strategy to fight drug trafficking and to prevent drug addiction. The article shows the most important progmammes and initiatives implemented by the Spanish local and central authorities to face these challenges.
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The analysis of the current law enforcement system allows to state the existence of certain problems related to its construction and some aspects of activity. After the administrative reforms in Ukraine, the indicators of assessing the level of public confidence in the National Police gradually began to improve, but the practice of foreign countries shows better breakthroughs in the organization of policing. Therefore, the relevance of the article is explained by the need to introduce in the national legal system a new concept of policing, which would take into account the successful experience of foreign countries and course of our country for European integration. First of all, the article is devoted to the analysis of the existing models of law enforcement systems in the world in order to determine the most favorable and effective for national law. It was found that the integrative model of organization of police activities today demonstrates the most effective indicators in the work of foreign police, so it can be considered a guide for implementation in Ukraine. Based on this, the author proposes his own definition of the term “integrated policing”. The author pays special attention to the successful experience of the Baltic States and the United States in policing, in particular in the field of training highly qualified police officers, police and community cooperation in partnership, and international cooperation in exchanging experience of specialized law enforcement services. For example, the national legal system should pay attention to such development programs as the creation of port police, increasing the duration of specialized training of police officers, involving citizens in patrols on a voluntary basis, increasing the competence of local police departments. Analyzing the relevant practice of foreign countries, the author pays attention to the peculiarities of the functioning of the national law enforcement system, as well as its own achievements. In conclusion, there are several possible ways to introduce into the legislation of Ukraine the main development programs and principles of functioning of the police of foreign countries in Europe and America. The main result of the work is the design of the concept of an integrated organization of policing and the expected results from its implementation – reaching a new level in the process of European integration.
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The article discusses the problematic issues of the historical preconditions for the formation of the system of criminalistics knowledge. Analyzed the scientific works of scientists and practitioners of law enforcement agencies regarding the system of criminalistics knowledge and criminalistics science. The importance of taking into account the historical period regarding the formation of the structure and system of criminalistics knowledge is emphasized. Systematization of criminalistics knowledge took place in several stages. Thus, one of the first to summarize and classify criminalistics knowledge was Hans Gross. Similarly, SM Tregubov and RA Reiss attempted to form a system of criminalistics knowledge in their scientific works. A. I. Vinberg and B. M. Shaver in their work argued for the need to distinguish in criminalistics science of the general and special part. In certain historical periods, different views were proposed on the formation of a system of criminalistics knowledge, which is associated with the historical development of society at that time, the state of scientific research on the detection, detection and investigation of criminal offenses. Depending on the historical stages, practitioners and scientists offered their own system of criminalistics knowledge and criminalistic science.
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Studies related to the habits of students of Nutrition and Sexuality show the existence of inaccurate knowledge that leads them to adopting unhealthy lifestyles. The team of teachers at a Penal Institution in Spain diagnosed this aforementioned lifestyle was becoming a reality in their students aged between 18 and 47. The aim of this research was to analyse and improve the Nutritional and Sexual knowledge of these students. The students’ level of knowledge was detected through a pre-test and post-test that were quantitatively designed and analysed according to four variables (studies, gender, age and body mass index). In order to improve their knowledge, an educational intervention was conducted and was quantitatively and qualitatively analysed according to six categories: change or improvement in sexual knowledge, change or improvement in nutritional knowledge, affective factors, the learning process, evaluation and methodology. The results show conceptual differences according to the four variables and that the intervention contributes to a conceptual change or improvement thanks to the activities and resources used. The implication of this research is to reveal the importance of analysing students’ knowledge so as to improve the quality of the teaching/learning process.
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This article is devoted to the right to respect for religious feelings, which is a derivative of freedom of religion. In the light of the case-law of the European Court of Human Rights in Strasbourg, the protection of religious feelings constitutes a value that justifies the restriction of freedom of speech. The law protects the feelings of believers primarily from statements that are gratuitously offensive. The concept of gratuitous offensiveness is interpreted relatively narrowly, and therefore expressions that are shocking, controversial, critical of religion or questioning dogmas, are fully allowed and within the limits of freedom of speech. The most appropriate form of protection of religious feelings are civil law sanctions, while criminal sanctions should apply only as a last resort in the case of statements calling for violence or leading to a serious disturbance of public order.
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The subject of the study is a highly controversial issue related to the criminal law assessment of an intraneus act for non-executive forms of criminal cooperation, which is discussed in the literature on criminal law. Deliberations are conducted in the context of the crime of infanticide specified in Article 149 of the Penal Code. As a result of the deliberations, the author determines that in the legal language of the Penal Code a given type of prohibited act specified in the special part of the Penal Code or the Non-Codex Criminal Act, it always refers to all forms of committing a prohibited act in terms of Chapter II of the Penal Code: executive, non-executive forms, as well as stadium forms.
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In the paper, the theory of John L. Austin’s speech acts is juxtaposed with the theory of crime functioning in the Polish criminal law science. The aim of the study was to answer the question whether silence in the light of criminal law can be understood as equivalent to an act of speech, which is at the same time a criminal act, and therefore has negative legal consequences for the perpetrator. The definition of the framework for the criminal law performativity of silence was based on an analysis of a fundamental act of criminal law in Poland – the Criminal Code of 1997. Then an attempt was made to create a typology of crimes of silence penalised in this Code. The paper emphasises the role of silence as a fully autonomous executive form of crimes, and thus its importance from the perspective of the society and the state.
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Karolina Habryło and Edward Szeliga in an interview with Ewa Buczek
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Focusing on the once-neglected space of theoretical and practical research in adult education has opened new avenues for expanding educational science assistance for the benefit of society. This type of formation has found its place in prisons, and it correlates with the Church's ancient practice of accompanying adults in the field of Hodegetics. The issue of relevance of research in andragogy and educational fields for their weakness due to the difficulty of capturing experience raises the demand for broader basic and applied research using quantitative and qualitative methods.
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The law enforcement system in Ukraine is currently at the stage of reformation. The Ukrainian government has taken significant efforts to achieve first positive results. 7 November 2016 the Law of Ukraine on «The National Police» came into force. In comparison with the previous Law «On Militia» the status of law enforcement officers has been changed. And if previously it was emphasized on the police arming as a public authority, then nowadays the attention is paid to the official function of this body. The author provides a comparative analysis of the laws mentioned above. The negative conclusion such as a lack of new legal regulation of officers’ orientation to legal education is made through the comparison of the notions of a «law enforcement body» and «functional obligations of the law enforcement officers». Thus, it is proposed to prepare ethical codes which might be a kind of work guide. Also it is accented on the insufficiency of the time for the preparation of our police officers. Three of four months is obviously not enough for a full and qualitative preparation. With the reference to the international experience, the author illustrates a high level of attention which is dedicated to the preparation of officers in Germany and the U. S. It is also emphasized on the high cost of the preparation of only one police officer. So, it is suggested that the time and quality of the preparation of a police officer should be raised. The article also proposes to change the legal education in a certain way. And there is a high need in a greater teaching of inter-sectoral law disciplines such as Philosophy of Law which form valuable attitude to law and humane respect to citizens. The author also offers to carry out work with the society for the popularization of the police activity. The main focus should be on the police officers (patrol, district) who most of their time deal with ordinary people. All in all, despite the fact that the great steps were made, the author states on their insufficiency and expresses his hope to further police reformation.
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The author focuses on the continuing European integration, which demands renovation of the regulatory and legal framework of the government, including the law-enforcement branch. Having key laws, the Ministry of Internal Affairs developed and adopted the Regulations of ethical conduct for police servants. The aim of the work is the analysis of other states’ experience and the analysis of the national Regulations based on this analysis. In the publication is analyzed the regulatory framework of the European countries from the point of existence of regulations (the codes) of ethical conduct of police servants. There is a shot analysis of the deontological regulatory acts of Belgium, Luxembourg, the Netherlands, Northern Ireland and also the lead countries of the European Union: France and Germany. The attention is payed on the government’s different slant on the question of regulation of the ethical and moral conduct of the law enforcement officers. Some adopt declarative acts, others establish codify acts. The author emphasizes the best moments. At the end of the analysis is made a small generalization. Further the author goes on with the analysis of the content of the national Regulations of ethical conduct of servants. There is an analysis of five sections of the Regulations. The author is surprised, that the Ministry of Internal Affairs doesn’t refer to the acts of the United Nations Organizations concerning to the given problem. The author misunderstand the particular section about handling apprehended citizens and also incomprehensible (and even incorrect) title of the one section. The important norms of rights and working conditions for police servants weren’t displayed. Although the nature and the content of the Regulations demand such norms. Speaking about encouragements and punishments, the authors weren’t able to indicate their list, so they referred to other regulatory acts. Overall, the regulations of ethical conduct of police servants gave a positive impression on the author. However, there is still feeling of the definite incompleteness and crudity of this deontological document.
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The article focuses on the analysis of the dogmatic grounds of criminal liability of administrative officials that manage urban green areas for damages caused by the fall of a tree or a bush. The main focus of the discussion revolves around criminal liability for the failure to remove a plant as a result of the unintentional professional negligence by public officials (Article 231 § 3 of the Polish Penal Code). Particular attention is directed toward the issue of compliance of the crime of professional negligence with the constitutional standard of definiteness (nullum crimen sine lege certa). The text also discusses the possibility of incurring criminal liability for the aforementioned actions on the basis of certain types of common crimes and considers cases of potential concurrence of regulations and crimes.
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The implementation of the EU General Data Protection Regulation (hereinafter referred to as the Regulation), which, among other things, aims to eliminate disparities between national systems and to alleviate unnecessary administrative burdens, began on 25 May 2018. Each Member State is to ensure that there is one or more independent public authorities (hereinafter referred to as the supervisory authority) responsible for monitoring the implementation of the Regulation. In Lithuania, personal data protection is supervised by two authorities, namely by the State Data Protection Inspectorate (hereinafter referred to as the SDPI) and by the Office of the Inspector of Journalist Ethics. The powers conferred on the supervisory authorities by the Regulation are greater and broader in scope than those granted under previous data protection legislation. Organizations which process personal data must ensure compliance with the requirements laid down in the Regulation. A supervisory authority that violates the provisions of the Regulation may be faced with heavy administrative fines and other sanctions. This article analyzes the practice of imposing administrative fines in the EU and in Lithuania as compared to other EU Member States. The author of the article believes that evaluating the practice of imposing administrative fines by the SDPI within the general context of the EU shall enable one to search for the reasons behind the current situation, as well as to improve the processes the SDPI employs to perform functions associated with data protection supervision. The article uses generalization and comparative analysis of scientific literature, legal documents and statistical data.
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Following the entry into force of the General Data Protection Regulation (hereafter referred to as the GDPR), organizations that process personal data must ensure and demonstrate compliance with all of its principles. A new post, known as the Data Protection Officer (hereafter referred to as the DPO), has been created. The appointment of this official may be one of the measures necessary to implement the principle of accountability. The purpose of the article is to analyze the role and significance of the DPO in the organization, and to provide generalized recommendations. The role and significance of the DPO will continue to grow, as will the tasks and activities of the DPO. It is important to emphasize that GDPR compliance is the responsibility of the data controller or data processor, not the DPO.
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