scholarly journals Features of Applying by Staff of Internal Affairs Bodies Separate Measures of Ensuring Procedures in Cases of Administrative Offenses

2018 ◽  
Vol 9 (3) ◽  
Author(s):  
Aleksey Soshin ◽  
Viktor Samsonov
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Motor Vehicle ◽  
Legal Regulation ◽  
Motor Vehicles ◽  
Law Enforcement Agencies ◽  
Administrative Legislation ◽  
The Law ◽  
Alcohol Testing

At the present time, an analysis of legal regulation and the practice of using administrative coercive measures by law enforcement agencies is gaining ground, as sound enforcement of the norms of administrative legislation is important in identifying the degrees of efficiency, implementation of goals and measures of ensuring the procedures in cases of administrative offences, as well as the general state of legality in the field of public administration. In spite of the fact that the police officers are authorized to apply various measures of ensuring the procedures in cases of administrative offences, the most high-demand ones are examination of motor vehicles, banishment from motor vehicle driving, alcohol testing, medical alcohol testing. Compliance with the procedural order of application of the specified measures, correct drawing up procedural documents, is a guarantee of an objective examination of the case of administrative offence and bringing the law-breaker to responsibility established by the law. At the same time, the sphere of application of the measures noted observes both certain drawbacks of the acting administrative legislation and imperfection of law enforcement practice, which hinders implementing the goal of maintaining legitimacy in the sphere of public administration.

scholarly journals Administrative Supervision of the National Police of Ukraine

2021 ◽  
Vol 81 (2) ◽  
pp. 72-78
Author(s):  
I. M. Kovalov ◽  
V. A. Yevtushok
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Legal Regulation ◽  
Educational Process ◽  
Scientific Article ◽  
Administrative Supervision ◽  
The Law ◽  
Compliance With The Law ◽  
National Police

The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.

scholarly journals SOME ISSUES OF PENSION PROVISION FOR POLICE OFFICERS

2020 ◽  
Vol 73 (4) ◽  
pp. 44-52
Author(s):  
Liubov Knyazkova ◽  
◽  
Ivan Ivanov ◽  
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Executive Branch ◽  
Legal Regulation ◽  
The State ◽  
Law Enforcement Agencies ◽  
Length Of Service ◽  
The Law ◽  
Legal Security ◽  
National Police

The article deals with the research of the issues of pension provision for police officers as a component of their social security. Since the category of police employees is new to Ukraine, its significance for labour law and, accordingly, the value of the police for the society, whose citizens they protect, has been characterized. An analysis of statutory acts regulating the pension provision for law enforcement bodies' employees has been carried out. The concept of a seniority pension for police officers has been defined as a monthly payment from the Pension Fund of Ukraine intended to compensate for lost pay and allowances and granted upon resignation for the purpose of maintaining living standards of citizens having the seniority of a specified duration in law enforcement bodies, the National Police, the Court Protection Service, the State Fire Protection Service, the State Service of Ukraine for Special Communications and Information Protection, bodies and divisions of the Civil Protection Service, the Tax Police or the State Penitentiary Service of Ukraine, whose occupational incapacity is presumed to set in before they reach the retirement age established by law for awarding an old-age pension. The author proposes the adoption of a new law on pensions precisely for police officers. For in contrast to the definition of Militia (the name the police were called in the Soviet Ukraine and during a number of the post-Soviet years) as an armed body of the executive branch, the Law of Ukraine "On the National Police" defines the police as a central body of the executive branch that serves the society by ensuring the protection of human rights and freedoms, combating crime, maintaining public security and order. According to the author, the legal regulation of the pension provision for servicemen and police employees by a single statutory act (law) does not correspond to the realities of today. Conclusions have been formulated on supplementing the Law of Ukraine "On the National Police" with the provision that restrictions of guarantees of social and legal security of the law enforcement bodies' employees shall not be allowed when adopting laws and bylaws, as well as when making decisions by law enforcement agencies of the state. Special attention has been paid to calculating the amount of police officers' seniority pension. The procedure for determining the amount of pension depending on the length of service has been analysed. The author believes that lowering the limit of the seniority pension for law enforcement bodies' employees, including police employees, initially from 90 down to 80 per cent and then from 80 down to 70 per cent of their pay and allowances is a violation of the Constitution of Ukraine. Constitutional rights and freedoms are guaranteed by the state and cannot be revoked when adopting new laws or amending existing ones. No narrowing of the content and scope of existing rights shall be allowed. The author proposes to work out a new Procedure for recalculating pensions granted to police officers. Outdated statutory acts governing the procedure for recalculating pensions granted to law enforcement bodies' employees contain controversial provisions, have conflicting points, do not comply with the Constitution of Ukraine and the realities of today, and are therefore subject to repeal.

scholarly journals FORMS AND PROCEDURES FOR PERSONNEL PROVISION OF PUBLIC SERVICE IN THE LAW ENFORCEMENT SPHERE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 86-101
Author(s):  
П. О. Комірчий
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Public Service ◽  
Legal Regulation ◽  
Regulatory Requirements ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Real Increase ◽  
The Law ◽  
Definition Of

The article notes that in modern conditions, the place of staffing of the public service in the law enforcement sphere is of fundamental importance, which is studied through the prism of recent changes in the administrative legislation of Ukraine as a new stage in the reform of the law enforcement system of our state. It has been substantiated that the organization of public service in modern conditions presupposes a significant number of interrelated forms and procedures of staffing. The appropriate forms include: the definition of a strategy for organizational and staff work; educational and preparatory work; selection and selection of personnel; appointment and replacement of posts, placement of personnel; ensuring the passage of service. It has been established that the forms of staffing determine the boundaries of the corresponding staffing procedures. The specifics of staffing procedures implemented within the framework of the specified forms of staffing (for example, within the framework of strategic organizational and staff work, procedures for calculating the staffing of the public service, positive incentives for this service, etc.) are established and characterized. It has been theoretically proved that the correct combination of available forms and procedures for staffing contributes to a real increase in the efficiency of the functioning of law enforcement agencies based on the qualitative use of the potential of employees without increasing the time and resources spent on their maintenance. It was determined that the staffing of the public service in the law enforcement sphere of Ukraine is an element of personnel management of public service bodies in the field of order protection, which is a normatively ordered system of interrelated elements that are in stable administrative and legal relations with each other in relation to staffing, within which their functioning as a whole. It is concluded that the forms and procedures for staffing the public service in the law enforcement sphere of Ukraine, in fact, like any other complex social and legal phenomenon in the plane of the functioning of public administration entities, is subject to careful administrative and legal regulation, within which legislators determine special legal requirements for the implementation of staffing of the public service in the relevant field. That is, a large number of requirements are put forward for the existence of staffing in the public service in the law enforcement sphere in a static and dynamic form at the normative level, aimed at properly staffing the subject of public administration with high-quality personnel, making effective and rational staffing management and increasing the level of uniqueness of this phenomenon. A special place among these regulatory requirements is occupied by the regulatory requirements for the organizational structure of the staffing of the public service in the law enforcement sphere.

scholarly journals Юридизация области дисциплинарных отношений в рядах российской милиции (1917-1919 гг.)

2021 ◽  
Vol 70 (6) ◽  
pp. 90-93
Author(s):  
С.Ю. Чимаров ◽  
В.С. Бялт
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Law Enforcement Agencies

The article presents an analysis of the legal regulation of the disciplinary responsibility of Russian militia employees during the period of the change in government models from the tsarist era to the era of democratic transformations and the transition to the Soviet-style government regime. Focusing on the desire of the new government to strictly systematize the issues of disciplinary responsibility of domestic police officers in the specified period of time, the authors substantiate the need to strengthen the police ranks on the basis of disciplining the personnel of the updated law enforcement agencies.

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

Legal Devices, Law Enforcement, Facilities and Infrastructure

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Mia Lasmi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Main Task ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
The Law ◽  
Law And Justice

Abstract The importance of law enforcement agencies or the judiciary that can help enforce the law to resolve the problems its faces. Therefore, the main task of the court is to maintain the law, both in the form of criminal law and civil law. In the case of civil procedural law, it is a legal regulation that regulates how a person processes civil litigation in front of a court session and how the court processes in accepting, examining, adjudicating and deciding cases and how the process of implementation is in order to maintain the existence of material civil law. Generally, in the enforcement of law and justice, there are several elements, namely: elements of law enforcement, elements of justice seekers, elements of legal instruments (legal / regulatory material), and elements of infrastructure all of which become an integrated unit. The four elements have the same opportunity to be a support and obstacle in the implementation of law enforcement and justice in the field of Shari'ah economy

scholarly journals Certain problems of legal regulation of the activities of operational police units

2020 ◽  
Vol 2020 (2) ◽  
pp. 165-171
Author(s):  
Igor' Skokov
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Point Of View ◽  
Federal Law ◽  
Search Activity ◽  
Legal Method ◽  
History Of ◽  
The Law ◽  
The Right

Introduction. The article deals with the history of the law enforcement and alteration to certain provisions of the Federal law «On police» from 07.02.2011 № 3-FZ. Goal. The purpose of the work was to evaluate certain provisions of the Federal law «On police» and the Federal law «On operational and investigative activities» from the point of view of operational search activity and on the basis of a comparative legal method of cognition of normative acts regulating the process of law enforcement and operational search activity. To identify the problems of the interaction of these laws. The article presents inconsistencies between the provisions of the Federal law «On police» and the Federal law «On operational and investigative activities». Results. As a result of the work, the author identified and attributed to the number of problematic provisions concerning the right of police officers to conduct operational search activities, the right to enter the homes of citizens, and some others. The author’s suggestions for amendments to the law «On police» are given, and the need for further research aimed at eliminating the identified shortcomings and solving the problems under consideration is determined. The author comes to the conclusion that the timely elimination of the shortcomings of the legal relationship between the Federal law «On police» and the Federal law «On operational and investigative activities» in the context of regulating the activities of operational police units will only increase the efficiency of the organization of operational and investigative activities of the internal affairs bodies.

scholarly journals BACKGROUND PROVISIONS OF THE STATE DEPARTMENT OF THE LAW ENFORCEMENT SYSTEM

2021 ◽  
Vol 06 (04(01)) ◽  
pp. 99-108
Author(s):  
Olexey Hrobust Olexey Hrobust
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Public Administration ◽  
Local Governments ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Highly Effective ◽  
Information And Communication ◽  
The Law ◽  
Resource Support

Study of the initial provisions of public administration in the field of law enforcement reform, we have limited their composition and establishment of features. It is established that the object of public administration in the field of law enforcement reform should be understood as public relations to which the tools of law enforcement are used, the actual methods of law enforcement, and the activities of entities implementing law enforcement. In turn, the subjects will be the central executive bodies that implement state policy in the field of law enforcement, local governments, and law enforcement agencies. The tasks of public administration of the law enforcement system include: establishing a system of communication between law enforcement agencies to perform the tasks assigned to them by law; formation of financial support for the activities of law enforcement agencies; development and implementation of law enforcement reforms; formation of resource support for the implementation of reforms and the functioning of law enforcement agencies; formation of information support for the implementation of reforms in the law enforcement sphere; organization of training and retraining of law enforcement personnel; organization of information and communication system of interaction of law enforcement agencies with international police organizations. The implementation of these tasks will ensure the adoption of highly effective public administration decisions on the development and implementation of reforms in the law enforcement sphere, which should ensure the effectiveness of the law enforcement system. The selection of the following principles of the law enforcement system, the observance of which should be aimed at public administration decisions: legality; justice; equality; professionalism; competence; political ness; continuity; independence. Keywords: public administration, law enforcement, law enforcement reform, highly effective public administration decisions, legality, justice, equality, professionalism, competence, policy, continuity, independence.

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