scholarly journals IMPLEMENTATION OF SYSTEM ANALYSIS IN A LAW ENFORCEMENT ORGANIZATION, AS A NEED FOR AUTOMATION OF PROCESSING A LARGE DATABASE

2020 ◽  
Vol 1 (54) ◽  
Author(s):  
Serge V. Yeskov ◽  
Oleksandr M. Zaіets
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Large Database

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Public Life ◽  
Law Enforcement Officers ◽  
The State ◽  
Key Issues ◽  
Internal Affairs ◽  
National Police ◽  
Economic Crimes

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

scholarly journals Professional consciousness as a factor in the regulation of the professional activity of atterneys

2018 ◽  
Vol 28 (4) ◽  
pp. 27-30
Author(s):  
O.A. Hulbs ◽  
O.V. Kobets
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
System Analysis ◽  
Activity Analysis ◽  
Professional Activity ◽  
System Activity ◽  
Psychological Analysis ◽  
Mechanism Of Interaction ◽  
Psychological Mechanism ◽  
The One

In that article is considered the professional consciousness and its development in the activity of attorney. It was opening the psychological analysis of the special advocate’s activity. The professional consciousness of advocate is characterized like an insight intellectual subject’s model, in what from the one hand describes the sense of the law norms of society, and from another hand is formed the programs purposeful law’s executive activity. In the professional consciousness of the personality of the attorney are connected display and regulatory areas of the psyche. The psychological mechanism of interaction of the reflective (theoretical) sphere of professional consciousness with its regulatory sphere is extremely complicated, but it is revealed through the methods of system analysis. One example of the use of system-activity analysis can serve as the theory of phased formation of mental activities (P. Ya Halperin). The use of this method allows deeper to reveal the stages of development of professional consciousness of the attorney’s personality. The professional activity of an attorney is characterized by an extraordinary variety of solvable tasks. This activity is primarily related to the norms of law, and some of its types contain the following concepts: law enforcement activities, human rights activities, and so on. In that article is considered the professional consciousness and its development in the activity of attorney. It was opening the psychological analysis of the special advocate’s activity. The professional consciousness of advocate is characterized like an insight intellectual subject’s model, in what from the one hand describes the sense of the law norms of society, and from another hand is formed the programs purposeful law’s executive activity. In the professional consciousness of the personality of the attorney are connected display and regulatory areas of the psyche. The psychological mechanism of interaction of the reflective (theoretical) sphere of professional consciousness with its regulatory sphere is extremely complicated, but it is revealed through the methods of system analysis. One example of the use of system-activity analysis can serve as the theory of phased formation of mental activities (P. Ya Halperin). The use of this method allows deeper to reveal the stages of development of professional consciousness of the attorney’s personality. The professional activity of an attorney is characterized by an extraordinary variety of solvable tasks. This activity is primarily related to the norms of law, and some of its types contain the following concepts: law enforcement activities, human rights activities, and so on.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals The Coordination of Activities of the Law Enforcement Agencies in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 26-32
Author(s):  
Ekaterina Azarova ◽  
Vyacheslav Vnukov
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
System Analysis ◽  
Criminal Activity ◽  
Point Of View ◽  
Theory And Practice ◽  
Russian Society ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
The Law

Introduction: in modern Russian society, the fight against crime requires the legislative regulation. Crime is a multifaceted phenomenon that is becoming more complex in parallel with the development of society. Its growth makes it necessary to research the fundamentals of the theory and practice of coordinating the activities of the law enforcement agencies in the fight against crime. The important factors from the point of view of the state of coordination activities are their proper organizational support, the development of the right strategies and tactics when performing the necessary actions, as well as their effective use by the law enforcement agencies to curb criminal activity. The authors of the paper set the goal of the study, which is to analyze the coordination activities of the law enforcement agencies in the fight against crime. Methods: the methodological framework for the research is the dialectical-materialistic method of cognition, which includes the elements of system analysis, and the specific scientific methods, such as the logical and legal one. Results: based on the legal analysis, the content of coordination activities as the effective coordinated actions in the fight against crime is revealed. Conclusions: it is revealed that there is a need to adopt a special law aimed at improving the status of prosecutors in the framework of these coordination activities.

scholarly journals Problematic issues of criminal prosecution for the illegal extraction of mineral resources

2021 ◽  
pp. 139-144
Author(s):  
O.Y Makarenko ◽  
N.A Makarenko ◽  
O.V Nazymko ◽  
Y.O Hromenko ◽  
K.O Nesterenko
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Judicial Practice ◽  
Illegal Mining ◽  
Legal Provisions ◽  
Wide Range ◽  
The Government ◽  
Criminal Legislation

Purpose. To research the criminalization of offences against illegal extraction of minerals of strategic importance; it is of equal importance for legislative and law enforcement activities, development and implementation of economic programs, and the strengthening of the government and local authorities. Methodology. The research focuses on identifying vulnerabilities of prosecution for illegal mining by means of studying and analyzing the legal framework of Ukraine, theoretical foundation in relevant fields, analysis of judicial practice of bringing persons to justice under Art. 240, Paragraph 2 of the Criminal Code of Ukraine. Systems of special approaches and methods, namely the formal-logical, logical-normative, method of system analysis facilitated investigation of the declared subject. Findings. Certain problems are revealed which occur during the formation of penal prohibition of the studied criminal practices at the legislative level, including the inconsistency of criminalization of illicit mining with the severity of negative legal consequences. Originality. The article analyzes the problematic issues of prosecution for illegal extraction of minerals under Article 240, Paragraph 2 of the Criminal Code of Ukraine Violation of the established rules for the use of subsoil, if it has created a threat to life, health or the environment, as well as illegal extraction of minerals of public importance. Proposals are substantiated aimed at enhancing the current criminal legislation and its implementation by law enforcement agencies of Ukraine in dealing with illegal exploitation of natural resources of national importance. Practical value. The work studied the norms of legal liability for illicit subsurface use, and judicial practice of law enforcement of the specified norms. The authors maintain that the legal provisions of criminal legislation which provides for liability for this act mentioned, should be significantly improved in terms of clear defining of the disposition and broadening and strengthening of the sanction on Article 240, Paragraph 2 of the Criminal Code of Ukraine. The expediency is confirmed to expand the category of perpetrators under this article considering the involvement of a wide range of people both directly in the process of illegal mining, and further transportation and sale.

scholarly journals The proportion between covert investigative actions and operative-search activities

2019 ◽  
Vol 2019 (3) ◽  
pp. 144-151
Author(s):  
Ардак Карл ◽  
Ardak Karl
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Main Tool ◽  
Legal Analysis ◽  
Search Activity ◽  
Criminal Cases ◽  
Criminal Process ◽  
Distinctive Features ◽  
Solution Methods ◽  
The Republic

The article deals with a study of the Institute of covert investigative actions, which effectively operates in the legal systems of a number of CIS member States. The author has conducted a comparative legal analysis of the covert investigative actions introduced in the code of Criminal procedure of the Republic of Kazakhstan, with operative investigative measures requiring its assessment. In this regard, the author highlights the essence, values, main identical and distinctive features of covert investigative actions and operative investigative measures, identifies problems of their practical application and offers the author’s opinion on the solution. Methods: The study is based on the fundamental dialectical methods, in particular, on the method of system analysis, as well as on the use of special legal methods, such as formal legal and comparative legal ones. Results: on the basis of a consistent comparison of the regulatory material and existing achievements in law enforcement, the most significant aspects that determine the place of the main tool of the operative-search activity – operative-search measures within and outside the criminal process are identified. It is stated that a reliable platform for a legal involvement and a wide use of forms and methods of operative investigative activity in the process of proving in criminal cases has been created and successfully applied in the criminal process of Kazakhstan.

scholarly journals VICTIMOLOGICAL ASPECTS OF ILLEGAL POSSESSION OF VEHICLES

2020 ◽  
pp. 52-60
Author(s):  
С. А. Мозоль
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Crime Victimization ◽  
Crime Victim ◽  
Law Enforcement Agencies ◽  
Mathematical Basis ◽  
Legal Method ◽  
Foreign Countries ◽  
International Regulations ◽  
Ukrainian Society

The purpose of this article is to study the victimological aspects of illegal possession of a vehicle and identify effective measures to prevent crimes of this category in order to implement them into the legal reality of Ukraine. Methodology. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. In the course of the research the generalization, processing and analysis of the obtained results were carried out. The comparative legal method was used in the analysis of current legislation and international regulations; statistical - for the processing of empirical data and in the process of studying statistical material in order to develop a mathematical basis. A special research method used in the article is the method of system analysis. The scientific novelty of the publication is that in connection with the growing number of crimes related to illegal possession of vehicles in Ukraine, as well as the development of new ways of illegal possession, the study of this problem is relevant. The author considers the victimological aspects of illegal seizure of vehicles in Ukraine, in particular: victim behavior of crime victims, victim situations that determine the commission of this crime, victim qualities of victims of crime, victimization of modern Ukrainian society. Based on the generalization of victimological aspects of illegal seizure of vehicles, measures to prevent crimes of this category are proposed. Conclusions. Thus, in order to prevent the illegal seizure of vehicles, it is necessary to analyze the operational situation, as well as criminologically significant features not only of the identity of the offender, but also of the victim. Choosing the most effective measures to prevent illegal seizure of vehicles, it is necessary to constantly study foreign experience and implement in the activities of law enforcement agencies of Ukraine those innovations that once showed a positive result in foreign countries.

scholarly journals FORMATION OF THE UKRAINIAN LEGAL DOCTRINE CONCERNING QUALIFICATION OF THE CRIMINAL OFFENSES COMMITTED BY THE ORGANIZED CRIMINAL GROUPS IN CONTEXT OF AMENDING CHANGES TO LEGISLATION ON CRIMINAL LAW

2021 ◽  
pp. 112-116
Author(s):  
D. Ptaschenko
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Doctrine ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Criminal Groups

The Article 1 of the Constitution of Ukraine regulates: Ukraine is a sovereign and independent, democratic, social, legal state. One of the destabilizing factors in building the rule of law is the commission of criminal offenses by organized criminal groups. Due to the changes in the criminal legislation during the last two years, the criminal law norms have undergone significant changes, which directly or indirectly affect the qualification of criminal offenses committed by organized criminal groups. Given the changes in criminal law, the qualification of criminal offenses committed by organized criminal groups requires uniform systemic approaches, primarily at the level of judicial law enforcement practice. The formation of the Ukrainian legal doctrine on the qualification of criminal offenses committed by organized criminal groups is one of the significant auxiliary guidelines in the formation of such law enforcement practice. To achieve this goal and the defined objectives, the following methods were applied in the study: logical and normative – for the analysis of criminal law on the qualification of criminal offenses committed by organized criminal groups; system analysis – when considering judicial law enforcement practice (first of all, the Supreme Court and the Supreme Court of Ukraine) of the qualification of criminal offenses committed by organized criminal groups. The legislation strengthens criminal liability for criminal offenses by organized criminal groups, in particular, as evidenced by the amendments to the Criminal Code under the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community" dated by the 4th of June 2020. Before the formation of new approaches to the doctrine of criminal law and law enforcement judicial practice on the qualification of criminal offenses (crimes), a specific part of which is provided by h.ch. 1-5 art. 255 of the Criminal Code, the indirect reference is the provision of the resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 №12 "On the practice of consideration by courts of criminal cases on crimes committed by stable criminal groups." Keywords: criminal offenses, criminal community, criminal organization, organized group, creation of a criminal community, leadership of a criminal community, organized criminal groups.

scholarly journals Prevention of Bankruptcy of Industrial Enterprises and Organizations with State Participation

2020 ◽  
Vol 9 (4) ◽  
pp. 44-52
Author(s):  
E. V. Gavrilin ◽  
S. V. Khetagurov
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
System Development ◽  
Industrial Sector ◽  
Economic Security ◽  
Public Authorities ◽  
Scientific Methods ◽  
Industrial Enterprises ◽  
Legal Method ◽  
State Enterprises

The identification of cases of deliberate or fictitious bankruptcy of industrial sector organizations in the management of state enterprises and organizations is of great importance in ensuring economic security. The paper is devoted to the methodology of timely prevention of bankruptcy of state industrial enterprises and organizations and law enforcement practice in the field of bankruptcy. In the framework of risk management, the article analyzes the existing mechanisms for monitoring and identifying possible deterioration of financial and economic activity and the probability of bankruptcy of state industrial enterprises and organizations. The purpose of the work is to determine directions of the system development of combating unfair management decisions during the bankruptcy procedure, as well as the establishment of tools to prevent the bankruptcy of state industrial enterprises and organizations. There had been used the formal legal method in the paper, methods of complex and interdisciplinary analysis, as well as General scientific methods, including the dialectical method and the method of system analysis. As a result of the study, the main problems of law enforcement and managerial practice in detecting offenses during bankruptcy procedures are considered and the necessary areas of management and regulatory regulation are identified, an approach to identifying the threat of bankruptcy and implementing anti-crisis measures when managing state industrial enterprises and organizations is determined. The study may be of interest to public authorities in determining the methodological and regulatory framework, as well as strategies to improve the efficiency of management of state enterprises and organizations, and ensure economic security.

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