scholarly journals THE INSTITUTIONAL COMPETENCE OF THE BORDER CONTROL OF THE AIRSPACE OF LATVIA

2013 ◽  
Vol 1 (5) ◽  
pp. 84
Author(s):  
Artūrs Gaveika
Keyword(s):  
Law Enforcement ◽  
Armed Forces ◽  
Legal Framework ◽  
The State ◽  
Border Control ◽  
Available Resources

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.

scholarly journals Security and defense sector of Ukraine in the mechanism of realization of the defense function of the state

2020 ◽  
pp. 78-82
Author(s):  
Viacheslav Alexandrov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
National Guard ◽  
Armed Forces ◽  
Civil Defense ◽  
The State ◽  
Industrial Complex ◽  
Law Enforcement Agencies ◽  
Security Forces ◽  
Defense Function

The article highlights the aspects of the Security and Defense Sector’s defense function. Based on the analysis of the legislationof Ukraine, the specifics of the normative regulation of the content of the category “defense”, as well as the diversity of doctrinal understandingof this category are highlighted. It is noted that the defense function of the state is realized, in fact, by all elements of the powermechanism. In this way, the state of readiness of the state “defense forces” necessary for the flow of armed aggression is achieved.Along with this, it was noted that within the framework of the state mechanism, it is expedient to single out those structures whosecompetence directly provides for the implementation of the defense function.The structure of the security and defense sector contains four components, which are differentiated according to their functionalpurpose and legal nature. In particular, these are: 1) security forces; 2) defense forces; 3) defense-industrial complex; 4) public associationsthat voluntarily participate in ensuring national security. It is also worth noting that the institutional components of Ukraine’ssecurity and defense sector belong to both the state apparatus and civil society institutions.The content of the categories “security forces” and “defense forces” is distinguished. Security forces are law enforcement andintelligence agencies, state bodies of special purpose with law enforcement functions, civil defense forces, as well as other bodiesentrusted by the Constitution and laws of Ukraine with functions to ensure the national security of Ukraine. In turn, the defense forcesinclude the Armed Forces of Ukraine, as well as other military formations, law enforcement agencies and intelligence agencies formedin accordance with the laws of Ukraine, as well as special purpose bodies with law enforcement functions, which are assigned by theConstitution and laws of Ukraine. The main institutional element of the Security and Defense Sector is the Armed Forces of Ukraine.It is the Armed Forces that protect the sovereignty of the state and territorial integrity, as well as ensure the inviolability of state borders.Emphasis is placed on the function of the National Guard of Ukraine and the State Border Guard Service of Ukraine as important componentsof the security and defense sector.It is noted that today the subordination of military institutions and law enforcement agencies to various ministries and authoritiesis a factor that may negatively affect their interaction in the process of performing the tasks provided by law. Therefore, we consider itexpedient for the President of Ukraine, as the Head of State and the Supreme Commander-in-Chief of the Armed Forces of Ukraine, toadopt a normative act on cooperation between the Security and Defense Sector in the process of armed defense of Ukraine’s territorialintegrity and state sovereignty.

scholarly journals Properties of constitutional principles

2021 ◽  
Vol 5 (3) ◽  
pp. 126-136
Author(s):  
S. A. Mosin
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Basic Rule ◽  
Constitutional Principle ◽  
The Law ◽  
Theory Of Law ◽  
The Stability ◽  
The Trinity

The subject. The article is devoted to the study of the trinity of properties of constitutional principles.The purpose of the article is to confirm the hypothesis that constitutional principles, often perceived by researchers and law enforcement officials as abstract norms with declarative content, are in fact full-fledged legal institutions that are endowed with all the necessary properties to achieve constitutional goals. In this regard, the article analyzes the property of axiomaticity, the property of presumptivity and the property of fictitiousness of constitutional principles.The methodology. The systemic-structural, comparative, formal-legal and formal-logical methods made it possible to identify and characterize the properties of constitutional principles, such as axiomaticity, presumptivity and fictitiousness. The use of these methods in their combination predetermined the appeal not only to topical problems of constitutional law, but also to issues of the theory of law, as well as other branches of law, which made it possible to most objectively and comprehensively approach the study of the properties of constitutional principles.The main results of the research. The trinity of the properties of the constitutional principle lies in the fact that the constitutional principle formulates the basic rule and determines the direction of development of the legal system and thereby has the property of axiomaticity. At the same time, the constitutional principle has the property of presumptivity due to the duty of the law enforcement officer to proceed from the assumption of compliance with the provisions of such a principle by all subjects of legal relations. Thereby constitutional principle ensures the necessary stability of the legal system of the state. At the same time, in order to achieve full-fledged stability of the legal system, along with the assumption that the subjects of legal relations comply with the provisions of the constitutional principles, it should be possible to monitor such compliance. In the absence of prior control over compliance with the provisions of the law, the solution is the application of legal presumptions. In this regard, within the framework of the presumptive property of constitutional principles, constitutional presumptions are inextricably linked with the corresponding constitutional principles. In turn, having the property of fictitiousness, the constitutional principle allows to interpret the provisions that make up such a constitutional principle and, as a result, create the necessary regulatory legal framework.Conclusions. Constitutional principles are the driving force of the legal system. They fill all legal relations without exception with legal meaning and content and have a special meaning due to their irreplaceability and the obligation to strictly observe them. In turn, the trinity of properties of the constitutional principles reflects their legal essence as fundamental normative provisions that determine the generally binding basic rules and directions of the development of the legal system, ensure the stability of the legal system of the state, and also have the possibility of timely development and adaptation to the changing legal reality.

ACTIVITIES OF THE MILITARY PROSECUTOR’S OFFICE IN THE CONDITIONS OF CHANGES IN LEGISLATION

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Justice ◽  
Law Enforcement Agency ◽  
Military Security ◽  
Military Law ◽  
The Military

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

scholarly journals ISSUES OF MILITARY DEVELOPMENT IN UKRAINE IN THE EARLY 2000S.

2018 ◽  
Vol 6 ◽  
pp. 57-67
Author(s):  
Andrii TKACHUK
Keyword(s):  
Armed Forces ◽  
Legal Framework ◽  
The State ◽  
Main Element ◽  
State Budget ◽  
Military Organization ◽  
Domestic Security ◽  
Military Development ◽  
State Programs ◽  
The Military

The article deals with the main problems of military development, which were solved by Ukraine in the early 2000s. A special emphasis is on the development of the legal framework for the functioning of the domestic security and defense sector. The dynamics and main features of the state programs on reforming the Armed Forces of Ukraine (ZSU) as the main element of the functioning of the security and defense sector and the military organization of Ukraine are highlighted. The problematic internal political situation in the country forced the authorities to develop and reform the Ukrainian army on the principle of defense sufficiency, which consisted of creating a compact but highly professional army capable of fulfilling its tasks. The Armed Forces reforming was accompanied by a legislative increase in the number of state bodies related to the national security sector and intended to improve the quality of the military organization of the state in case of a crisis. Practically, the essence of the reforms was to reduce the number of personnel. It should reduce state budget expenditures, as well as increase bodies of the military organization, which due to legislation drafting errors, often doubled functions, thereby decreasing its efficiency. At the same time, the legislators did not pay attention to numerous urgent problems of the Armed Forces, mainly socio-economic. Despite many attempts to provide legal support for military construction in Ukraine in the early 2000s, all of them neither had the proper effect nor significantly influenced the strengthening of the state's defense capabilities. A large number of defense structures proved to be ineffective when the Armed Forces funded on a residual principle. This, in turn, nullified any attempt to reform Ukraine's Armed Forces fully. Keywords security, defense, Armed Forces, legislation.

scholarly journals Improvement of Administrative Legislation Regulating the Interaction of the National Anti-Corruption Bureau of Ukraine with Other Law Enforcement Agencies

2019 ◽  
Vol 74 (3) ◽  
pp. 35-40
Author(s):  
M. S. Tkachenko
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
The State ◽  
Regulatory Framework ◽  
Law Enforcement Agencies ◽  
Separate Section ◽  
Effective Implementation ◽  
Administrative Legislation ◽  
Working Out ◽  
Relevant Interaction

On the basis of working out the current legislation of Ukraine and a number of scientific views of scholars the author of the article defined and characterized certain directions of improvement of administrative legislation regulating interaction of the National Anti-Corruption Bureau of Ukraine with other law enforcement agencies. It is argued that the legislation is the basis of anti-corruption activities of the state and the key to its effective implementation, however, the legal framework in this field suffers from a significant load of declaratory norms that set principles and tendencies, but do not provide information on how the data principles and tendencies must be implemented. It is found out that administrative legislation regulating the interaction of the National Anti-Corruption Bureau of Ukraine with other law enforcement agencies is the system of normative and legal acts of administrative branch regulating the procedure, sequence, format and other administrative features of the interaction of NABU with law enforcement agencies. It is established that NABU's interaction with law enforcement agencies is a large, complex direction of our state's anti-corruption component, which requires defining the goals, principles, directions and levels of interaction at the legislative level. Thus, interaction, as a form of work, needs to be broadly defined at the level of legislation not within the limits of several norms, but to give this topic a separate section of the Law of Ukraine “On the National Anti-Corruption Bureau of Ukraine”. This will create a legislative guarantee for NABU's interaction with law enforcement agencies, consolidate it as an integral and necessary aspect of anti-corruption activities. It is emphasized that the by-law regulatory framework for the implementation of the relevant interaction is currently rather small in volume, so that the potential of cooperation between NABU and other law enforcement agencies cannot be disclosed, since it actually has no basis for its implementation. In this regard, it is most appropriate to consolidate the mechanisms of the Bureau's interaction with the state law enforcement agencies by extending the range of joint orders.

Martial Values in Civilian Life

2020 ◽  
pp. 104-130
Author(s):  
Ned Dobos
Keyword(s):  
Law Enforcement ◽  
Armed Forces ◽  
The State ◽  
Civilian Life ◽  
Military Organization ◽  
Proper Functioning ◽  
Organized Violence

Wherever there is a professional military organization, certain values must be cultivated in and celebrated by it, in order for it to effectively deploy organized violence on behalf of the state. But when these values penetrate into civilian society—as they almost invariably do—there can be pernicious results. This chapter takes a sample of three civilian domains—law enforcement, business, and education—and draws attention to some of the adverse consequences that their cultural ‘militarization’ has had. This analysis suggests that when the values, ideals, and assumptions of the armed forces encroach into, and take root in, civilian institutions, the proper functioning (or telos) of those institutions can be compromised.

scholarly journals Jihadist attacks on Critical Infrastructure

2020 ◽  
Vol 68 (1) ◽  
Author(s):  
Bianka Speidl ◽  
Hanga Horváth-Sántha
Keyword(s):  
Law Enforcement ◽  
Critical Infrastructure ◽  
Terrorist Attack ◽  
Armed Forces ◽  
Well Being ◽  
The State ◽  
International Terrorism ◽  
Terrorist Attacks ◽  
The Social ◽  
Economic Well Being

Besides its function to maintain the social and economic well-being of a nation, operating critical infrastructure serves as a proof of the ability of the state to provide protection to its citizens. Hence, a successful terrorist attack targeting critical infrastructure - in addition to generating fear and panic in the ranks of society undermines the operational character of the state. In recent years, several terrorist incidents in Europe have highlighted the vulnerability of critical infrastructure and, consequently, the importance of protecting it. Bearing this in mind, the protection of critical infrastructure has become a high priority for Western states, in parallel with the growing trend of risks, challenges and threats posed by international terrorism. Recently Europe has seen an increase in terrorist attacks against members of law enforcement as well as the armed forces. This paper argues that such attacks should also be considered as attacks on critical infrastructure, as it is ultimately the human resources being responsible for the well-functioning of those agencies. Further, the paper aims to examine the religious justification of Jihadist terrorist attacks against critical infrastructure.

scholarly journals Illegal crossing of the State Border of Ukraine: some aspects of elements of crime

1970 ◽  
pp. 315-320
Author(s):  
Yurii Kuryliuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Precise Determination ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public

The article analyzes elements of the crime covered by the Article 332-2 of the Criminal Code of Ukraine, establishing criminal liability for illegal crossing of the State Border of Ukraine, and also discloses peculiarities of the criminal legal qualification of this action. It is determined that as the patrimonial object of the crime under the Article 332-2 of the Criminal Code of Ukraine should be considered homogeneous social relations, covering a certain sphere of the public life that is the border security of Ukraine, violation of which causes socially dangerous harm to the components of this sphere that is defense of the State and its border protection, sovereignty, territorial integrity and inviolability. The direct object of this crime is the public relations, which provide for the normatively established and regulated procedure for crossing the State Border of Ukraine. It has been established that the procedure for crossing the State Border of Ukraine may manifest itself in several forms: 1) by any means (by foot, by auto transport, by swimming etc.) outside the checkpoints across the State Border of Ukraine; 2) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine without the relevant documents; 3) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine with the documents, containing inaccurate information. Should not be underestimated the blanket nature of the disposition of the mentioned article that requires precise determination of the relevant regulatory acts, determining the list of documents that are necessary for crossing the State Border of Ukraine by a certain category of people, and also confirm the fact of opening a specific checkpoint across the State Border of Ukraine. The disposition of the Article 332-2 of the Criminal Code of Ukraine defines several groups of subjects, in particular: 1) a person who is prohibited from entering the territory of Ukraine; 2) a representative of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor; 3) a person with the aim to illegally cross the State Border of Ukraine for harming the interests of the State. Moreover, it was established that the aim for “harming the interests of the State” is not necessary for the illegal crossing of the State Border of Ukraine by persons who are prohibited from entering the territory of Ukraine, or by representatives of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor. The criminalization of the illegal crossing of the State Border of Ukraine is an important aspect of creating conditions for the proper protection of the vital interests of an individual, the society and the State from real and potential external and internal threats in the border space of Ukraine.

scholarly journals Valsts kases kontos ilgstoši uzglabāti naudas atlikumi izbeigtajos kriminālprocesos

2020 ◽  
Vol 2 (17) ◽  
pp. 51-59
Author(s):  
Austris Siliņš
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
The State ◽  
Problem Situation ◽  
Security Measures ◽  
Criminal Proceedings ◽  
State Budget ◽  
Security Measure ◽  
Long Time ◽  
Unified Process

Latvijā pēc kriminālprocesu izbeigšanas tiesībsargājošo iestāžu deponēto līdzekļu kontos tiek ilgstoši uzglabāti naudas atlikumi, kurus tiesiskā regulējuma dēļ nav iespējams novirzīt paredzētajam mērķim, proti, atdot naudas devējam vai ieskaitīt šos naudas līdzekļus valsts budžetā. Kā viens no drošības līdzekļu veidiem kriminālprocesā tiek piemērota drošības nauda. Drošības nauda tiek izraudzīta arī likumā minētajos gadījumos, kad lemj par apcietinājuma piemērošanu. Kriminālprocesa laikā izņemto naudu un drošības naudu ieskaita tiesībsargājošo iestāžu deponēto līdzekļu kontos. Tiesībsargājošās iestādes, kurām izveidoti šādi konti, atbilstoši procesa virzītāja nolēmumiem veic kontā iemaksātās kriminālprocesā izņemtās naudas un drošības naudas atmaksu vai iemaksu valsts budžetā. Nosakot konkrētas darbības, kas jāveic ar naudu, kas atrodas deponēto līdzekļu kontos, likumdevējs nav paredzējis vienotu procesu, kā nauda atdodama. Problēmsituācija rodas arī tādēļ, ka ne vienmēr ir iespējams naudu atdot tās devējam. Rakstā tiek pētīts tiesiskais regulējums, kādas ir iestādes tiesības rīkoties ar šo naudu, un sniegti priekšlikumi normatīvā regulējuma pilnveidošanai, lai šo situāciju uzlabotu un deponēto līdzekļu kontos ilgstoši neglabātos naudas atlikumi. In Latvia, cash balances are stored for a long time in institutions deposited funds accounts, in terminated criminal proceedings, which within the legal framework cannot be directed to the intended purpose, namely, to return the money to the lender or transfer it to the state budget. As one of the types of security measures, a security deposit is applicable in criminal proceedings. The security deposit is also selected in the cases referred to in the law, when it is decided on the application of a security measure – detention. Money withdrawn in criminal proceedings and security money shall be credited to the accounts of funds deposited by law enforcement authorities. Law enforcement authorities to which such accounts have been established shall, in accordance with the decisions of the person conducting the proceedings, reimburse the withdrawn money and security deposit paid into the account or deposit it into the state budget. When determining specific actions to be performed with money held in deposited funds accounts, the legislator has not provided for a unified process by how money shall be returned, as well as a problem situation arises because it is not always practically possible to return money to the lender. The article will study the legal framework how the institution is entitled to dispose of this money, and provide proposals for improving the regulatory framework to improve the current situation, as a result, funds would not be stored in the deposited funds accounts for a long time.

STRESS PADA LANSIA MENJADI FAKTOR PENYEBAB DAN AKIBAT TERJADINYA PENYAKIT

2015 ◽  
Vol 6 (2) ◽  
Author(s):  
Nur Hidaayah
Keyword(s):  
Drinking Water ◽  
Free Radicals ◽  
The Elderly ◽  
The State ◽  
Young Age ◽  
Fresh Fruit ◽  
Stress Conditions ◽  
Harmful Substances ◽  
Available Resources

Stress conditions in the elderly means an imbalance condition of biological, psychological, and social are closely related to the response to the threats and dangers faced by the elderly. Pressure or interference that is not fun is usually created when the elderly see a mismatch between the state and the 3 systems available resources. Maintenance actions that need to be done there are 2 types, namely : prevention of exposure to a stressor (precipitation factor) and serious treatment of the imbalance condition/ illness (precipitation factor). Prevention includes: sports, hobbies, friendship, avoid eating foods high in free radicals and harmful substances, sex and setting arrangements adequate rest. Habits of the above if done at a young age to avoid exposure to stress in the elderly. Treatment of the imbalance condition / illness, include : drinking water, meditation, eating fresh fruit, and adequate rest.

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