Suchergebnisse

Increasing use of technologies in the last decades has created an unprecedented opportunity to systematically collect and use a wide variety of data (including personal data) for different purposes. Information and data collected and processed with the help of new technologies is used not only for the purposes of natural and legal persons but also for various other purposes. Intelligence services that ensure prevention of crime must perform their functions to ensure safety of public. When doing so, they use various means and methods of information collection, which help them to reach their goals. However, the means applied undermine and intensively restrict a person's right to private life. Given that two legal interests compete during the application of criminal intelligence measures, i.e. the individual's right to privacy and ensuring of public security, the Author seeks to analyse their points of contact – restrictions of application of criminal intelligence measures, which in theory are designed to ensure the person's right to private life. In this article, the Author analyses the restrictions on the application of criminal intelligence measures, which are present in international, Lithuanian legislation and compares them with relevant requirements set forth in the practice of European Union Court of Justice.

The article is devoted to the study of the law enforcement of criminal punishment in the form of restriction of freedom and its significance in the system of punishment. Modern trends in the economy and social life in the country determine the policy of gradual humanization of punishment for some crimes while increasing the punishment for others. This process is accompanied by the introduction of new, previously not applied forms of punishment, which should serve as an alternative to imprisonment for a certain period. The analysis of statistical data on the application of punishment with isolation from society to various categories of convicts shows that the use of deprivation of liberty should be reduced, especially for minors and women. By limiting the use of punishment in the form of imprisonment, it is possible to protect the individual from the influence of the criminal environment. Punishment in the form of restriction of freedom allows achieving the goals of criminal punishment without deprivation of liberty and isolation from society. When considering the nature of punishment in the form of restriction of freedom should pay attention to such a legal structure as a conditional sentence. In the criminal-Executive practice, the punishment in the form of restriction of freedom and conditional conviction are implemented almost identically, but in the science of criminal law, there is no common position on the legal nature of the conditional conviction. The most important difference between restriction of freedom and conditional conviction is that the scope of restrictions on the right of a convicted person to punishment in the form of restriction of freedom is established in the law, and it is exhaustive, and the scope of restrictions on the right of a probationer can be both narrowed and expanded. Creation of alternatives to punishment in the form of imprisonment is one of the most important directions of modern criminal policy, both in Russia and abroad. This type of punishment in the future can be more ...

The article considers the issue of correlation of the following criminal-law categories: criminal-law impact, pe-nal measures, criminal liability, other measures of criminal and legal nature. Having investigated them using the method of lexical analysis, by formulating his own definition of measures of criminal-legal nature, defining their signs and system, the author comes to the reasonable conclusion that the criminal law impact is repre-sented by many types, including penal law, implemented by means of measures of criminal-legal nature, en-shrined in the criminal law, law enforcement acts, etc. Measures of a criminal law are expressed by criminal liability and other measures of a criminal-legal nature, the specific features of which are their non-punitive na-ture and the absence of interrelation with criminal liability (with the rare exception of cases of their simultane-ous practical realization), which allows to distinguish them in the system by means of criminal-legal coercion.

Strategic Thinking in Criminal Intelligence is designed to complement the drive for more strategic planning in law enforcement crime prevention and detection. It is a vital resource for intelligence practitioners, crime analysts, law enforcement managers and advanced students of policing.

Processing and delivering information between authorities with legal powers for fight against organized crime, terrorism and other criminal activities through a single centralized and integrated information system represents an entirely new quality in the Republic of Macedonia. Until the moment of full implementation of the National Intelligence Database and the launch of its application, the competent government bodies have existing databases that are outdated and inefficient. In this sense, the data in existing databases are non-standardized, incompatible, technically-functionally obsolete, made of various technical platforms, thus disabling direct access to data and use of data, which in turn significantly complicates the process of drafting criminal analysis. At this point, the exchange of information with international organizations involved in combating organized, serious crime and terrorism (Interpol, SECI Centre, Europol and others) is difficult. Considering the situation in the area, the creation, and implementation of the National Intelligence database is considered as necessary for timely and effective prevention and detection of organized crime, but also for other types of criminal activities. With this method of data exchange, the current problems in the inter-institutional cooperation will be overcomed, which will create conditions for rapid exchange and processing of data, while enabling fast communication and interoperability with the databases of foreign government and international bodies, institutions and organizations that have responsibilities in detecting and prosecuting perpetrators of criminal acts. The functioning of the National Intelligence Database Although will achieve overcoming of the problems and gaps in the international cooperation, additionally, it will improve the current lack of coordination among authorities in the country, the insufficient use of information, untimely data exchange, increased costs and uneconomical use of material and human resources, standardization and normalization of data of authorities responsible for combating organized crime, support to the end-users who perform the research, in order to full exploit the content of the existing databases, strengthening, information sharing and cooperation with international organizations, enabling exchange of analytical products and developing joint analytic products as well as implementing system for early warning that will generate and send electronic alerts to the competent authorities involved in the investigations. The Database itself will unite current separate databases from the police, the intelligence services, Ministry of Justice, Customs, the Public Revenue, the financial police, the public prosecution, judiciary, and administration for prevention of terrorism. Past databases from the institutions that are competent in the fight against organized crime, and serious crime in general, although special databases were used, proved as ineffective and with many faults. There is doubt whether the law on criminal-intelligence database is not contrary to the Constitution of Republic of Macedonia in relation to the monitoring of the privacy of the citizens of Republic of Macedonia, also in the section where its considered for some data to arrive at the database, whether there is violation of fundamental values of the Constitution, the division of legislative, executive and judicial power. This research paper, among the other, includes analysis of the difficulty for control over the Commission, which Commission, in accordance with the law, is proposed by the Government and elected by the Assembly. According to the author, the Database should be under autonomous independent body in form of an agency or bureau, because it should serve not only the state authorities, but also the defense in the juridical actions, in that way it will preserve the democratic control. The creation and implementation of the National Intelligence Database justifies the need for a high level of international inter-institutional cooperation and coordination aimed at preventing and detecting crimes.

In the paper we study τ-maxitive idempotent measures and consider their extensions and restrictions. For an idempotent measure we prove that its extension and restriction are τ-maxitive if and only if the given idempotent measure is τ-maxitive. Then we show that the composition of the extension operation and the restriction operation is an identity map.

The seventies can be seen as the decade where the ingenuity of the human mind knew no bounds to the invention of new non-tariff barriers, circumventing the original GATT rules. Where has this neoprotectionism led so far and what is the outlook for the future?