14 research outputs found
PRINCIPLES OF LEGAL RIGHTS IN OPERATIONAL POWERS OF THE STATE BORDER GUARD
The current Border Guard Law, which came into force in 1998, from jurisdictional perspective and in terms of content and is out-dated since it only reflects some of the legal principles that the State Border Guard must apply as a national regulatory authority in its activities. The novelty of the article is that the author proposes the development of the Border Guard Law in a new version, which would include specific principles of the Border Guard, in close conjunction with the authority's powers, rights and responsibilities.The aim of the study is to develop and propose a number of special Border Guard operational principles for their inclusion into the regulatory framework of the Border Guard. The research tasks are to investigate the current normative regulations, legal practices, the conclusions of Latvian and foreign law researchers using analytical, historical and comparative methods.The principles of law are reflected in many regulatory enactments and they must be observed and applied to each state administration institution, including the State Border Guard, and their repetition is not required by the special laws binding on the State Border Guard. The application of the principles of law is closely related to the fulfilment of the tasks, rights and obligations assigned to the State Border Guard, therefore the author seeks to investigate their development in historical dynamics.The main achievement of the research is that the author has tried to define the main special principles of the State Border Guard
The Legal Framework Governing the State Borders Between the Republic of Latvia and the Republic of Belarus
The theme of the research is topical in the face of today's challenges of combating illegal immigration, counter-terrorism and international crime, and maintaining national sovereignty and territorial integrity in the context of hybrid war and other aggressive activities. The legal framework of the state border of Latvia and Belarus is being researched in terms of national border security and internal security of two neighbouring countries. The research methods include legal analysis method to study the legal framework of both neighbouring countries in the area of border and border area regimes in Latvia and Belarus, the historical method of studying the development of legal regulation in the 20th and 21st century and the empirical method of reviewing legal practice and scientific knowledge in the field of research
SCHENGEN BORDERS CODE IN THE ASPECT OF BORDER SECURITY
Latvia has joined the Schengen area in 2007 and has already passed three Schengen evaluations. The aim of the article is to analyse the Schengen Borders Code in the context of border security. Based on analysis of the Schengen Borders Code implementation in Latvia the author develops and puts forward suggestions on Schengen Borders Code content improvement as well as  its judicial systematisation development. The research tasks include the investigation of the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods.The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. In 2006, the Schengen Borders Code entered into force, which was revised due to the migration crisis in the Mediterranean region and adopted in 2016 in an improved version. The further development of the Schengen Borders Code is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease.The main achievement of the research is that the author has defined the main areas of Schengen Borders Code further development.
SCHENGEN ACQUIS AND ITS IMPLEMENTATION IN LATVIA
Latvia joined the Schengen area in 2007 and has already passed three Schengen evaluations. The novelty of the article is aimed at analysis of Schengen Acquis implementation in Latvia and offer suggestions on its further implementation development. The aim of the study is to develop and propose suggestions on Schengen Acquis content improvement and its judicial systematisation development. The research tasks are to investigate the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods. The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. The further development of the Schengen acquis is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease. The main achievement of the research is that the author has defined the main areas of Schengen Acquis development
PERSONALITY DEVELOPMENT, EDUCATION AND COMPETENCE AS BASIC ELEMENTS OF CREATIVITY
The task of modern technologies is not only to reproduce the obtained information, but also to motivate students to new knowledge, competence and creativity in a wider spectrum of a professional sphere. In this article the connection between education, development and competence in creation of a creative individual has been researched. The author comes to the main conclusion that the creative individual is based on the education and personal development throughout their lives through educational competence of teachers, creating individual and professional competences of a modern person as a base for creative personality.
UNIFIED LAWYERS EXAMINATION, FOR AND AGAINST
Ministry of Justice of the Republic of Latvia believes that in Latvia is relatively low quality of legal education. As the most appropriate way for solving this problem is considered state unified lawyer qualification exam, which would promote legal education quality growth. The quality of legal education in Latvia is increasingly becoming the subject of public discussion. In 2016 took place the final Ministry of Justice working group meeting on implementation of the state lawyer's professional qualification examination. The article devoted to challenges and perspectives of unified lawyer qualification examination implementation
LEGAL PRINCIPLES OF THE CREATION OF THE INTERNAL AND EXTERNAL BORDER OF THE EUROPEAN UNION
The proposed theme is topical from the perspective of state and public security as well as the perspectives of the law enforcement institutions tasks in regard to the Schengen Area. Tasks of law enforcement institutions should be based on harmonized international legislation as well as the Latvian and the European Union legislation. Taking into account the socio–economic development level, the small size and quantity of the population in the Republic of Latvia, law enforcement institutions can not afford to tolerate any mistakes in the control of migration process. Such mistakes are not permissible since in 2012 Latvian law enforcement institutions will have to prove the Schengen evaluation committee the ability to implement the Schengen acquis requirements on free movement of persons. The research was done during 2007 and 2012. The research emphasizes the fact that further strengthening of the status of Latvia in the European Union and the Schengen Area is possible upon the improvement of legislation, harmonization of basic concepts in legislation and terminology, standardization of the practice of law according to uniform internationally accepted principles in the context of internal and external borders legislation
THE INSTITUTIONAL COMPETENCE OF THE BORDER CONTROL OF THE AIRSPACE OF LATVIA
This paper reflects the problematic issues regarding the legal framework of Latvian airspace border control. Currently the legal framework in relation to airspace border control in Latvia is rather confusing and incomplete since there is no specific division between responsibilities of certain authorities and compliance to international airspace regulations as well as the competence of the NATO in the control of national airspace regime. Therefore it is essential to evaluate the functions and available resources of the State Border Guard as a law enforcement institution within the context of Border Guard law regarding the responsibility of the State Border Guard together with National Armed Forces in prevention and repelling of attacks on the airspace of the territory of Latvia
TENDENCIES OF BORDER GUARDS EDUCATION SYSTEM QUALITY IN LATVIA
The novelty of the research is related to the need of Latvia as a member of the European Union and the Schengen area to continuously improve the requirements of vocational education, competence and professional qualification of border guards. The main objective of the research is to summarize the views of border guards on the positive achievements of the existing education system and the shortcomings detected for further improvement of the education system of border guards. The aim of the research is to summarize the views of border guards on the necessity of the vocational education including practical classes and training courses in the education system and possible solutions for further improvement, as well as the development of profession standards in a new quality and to develop cooperation between EU countries and neighboring countries to obtain knowledge and practical skills. The method of legal analysis was implemented by analyzing the requirements of the normative regulation concerning the professional qualification of border guards, the historical analysis method was used to explore the evolution of the professional education of border guards in the historical aspect, as well as the survey (questionnaire) method performing the survey of border guards of different educational levels has been performed. The research uses legal analysis, historical and survey methods. As a result of the research valuable information has been obtained that will serve to improve border guards profession and education standards. Since October 2017, the RÄ“zekne Academy of Technology continues to implement the long-term studies initiated by the European Regional Development Fund's Postdoctoral Research Support Project "EU External Border Security, Latvia's Internal Security" No. 1.1.2 / VIAA / 1/16/127. The cooperation partner of the project is the State Border Guard College.
TRENDS OF LEGAL EDUCATION REFORM IN LATVIA
In 2015 the Ministry of Justice of the Republic of Latvia initiated reform of legal education in Latvia in order to achieve higher quality of legal education. As the most appropriate reform tool to solve this problem, a single lawyer qualification examination and the elimination of the profession of legal adviser were adopted. At the beginning of these reforms, there was no detailed study of the reasons for the lack of quality in legal education and was not audited the study programs of the relevant higher education institutions. The quality of legal education in Latvia has become a subject of public discussion for a considerable amount of time. In 2017, the Rezekne Academy of Technologies was forced to start new study programs development due to elimination of the profession of legal adviser and to create additional opportunities for student quality education in connection with the implementation of a single lawyer's professional qualification examination. The article is dedicated to issues and perspectives of legal education reforms. The study used: the method of legal analysis, studying the progress of legal education reforms, requirements of regulations in the context of the topic and analyzing the quality of legal profession standards and compliance of society, the national economy needs and the impact on the content of study programs in RTA and other higher educational institutions. The comparative method has been used to find out and compare the opinions of experts - employers, university lecturers and students, including RTA students.