scholarly journals UKRAINIAN LEGISLATION ON PREVENTION AND COMBATING CORRUPTION OFFENSES

2019 ◽  
pp. 14-22
Author(s):  
O.I. Nikitenko ◽  
A.A. Samoylovych
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Ongoing Research ◽  
Modern Development ◽  
Illegal Acts ◽  
The Government

The article considers the evolutionary progress of the adoption of legislation in Ukraine on anti-corruption, starting with the Declaration of independence of the state, defined the essence of the state policy in combating analyzed the chronology of the stages of the legislative anticorruption acts-the conduct of ongoing research, observations of anti-corruption activities of law enforcement agencies is very important in the context of the modern development of Ukraine. During the years of independence of Ukraine was formed anti-corruption legislation, including normative legal acts in this sphere with the purpose of administrative and legal counteraction of corruption. The development of anti-corruption legislation in the period from 1991 to 1996, i.e. prior to the adoption of the Constitution of Ukraine of 1996 to 2004, a period which can be called the constitutional stage, and from 2004 to the present as a period of reform to counter corruption. This indicates that continuous changes in the administrative-legal regulation in the sphere of counteraction of corruption in Ukraine, the implementation of reform processes in law enforcement depends on the nature of government tasks and functions to ensure internal security of Ukraine, forms and methods of the professional activity of the bodies which carry out law enforcement or law enforcement function the article Also paid attention to how the state of corruption is influenced by organized groups and how the government is trying to counteract them. Specified on the weakness of preventive (preventive) measures regarding corruption and illegal acts. The Constitution does not specify what illegal acts are such, but some standards testify the protection of the rights and freedoms of natural and legal persons from such acts, but dedicated circle of individuals who have limitations with the passage of the civil service and local government. On the basis of the conducted research the conclusion about the need for effective legal mechanisms for fighting corruption and improving relevant legislation. Keywords: Сonstitution, anti-corruption policy, anti-corruption legislation, corruption, anticorruption.

scholarly journals Legal bases of activity of law enforcement bodies in the field of security in border areas of Ukraine

2021 ◽  
pp. 93-96
Author(s):  
O.I. Nikitenko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Global Changes ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
State Institutions ◽  
External Threats ◽  
Stage Of Development ◽  
Border Areas

This article is intended for the theoretical foundations of the strategy of security in the border areas of Ukraine by law enforcement agencies. Law enforcement agencies are existing in society and the state institutions and organizations that perform law enforcement and law enforcement functions whose main task is to ensure security in the border areas of Ukraine. At the current stage of development of Ukraine as a democratic social and legal state, taking into account the recent global changes in the world, the development of law enforcement agencies to ensure national and internal security from internal and external threats is one of the priorities of European policy. The choice of the population of Ukraine highlighted the problem of implementation of ratified agreements with the European Union, including the provisions of the European Charter in the field of security in the border areas of the state, as important components of the political and legal system of Ukraine. Ensuring state security, protection of the state border and protection in the border area of Ukraine in accordance with the Constitution of Ukraine is entrusted to military formations and law enforcement agencies of the state. The state pays special attention to improving the legislation in the field of administrative and legal regulation in the field of national and internal security of the state from internal and external threats. The formation of the scientific doctrine of the scientific order in Ukraine has its own difficult history. Maintaining and strengthening the rule of law in society in modern conditions, as a necessary prerequisite for the effective functioning of an extensive human rights mechanism with the participation of state institutions, law enforcement agencies, civil society require thorough doctrinal support.

scholarly journals Methods of interaction of the state border service of Ukraine with other law enforcement authorities

2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Universal Method ◽  
Coordination Control ◽  
Illegal Migration ◽  
Law Enforcement Agencies ◽  
Economic Methods ◽  
Forecasting Method

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.

scholarly journals State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Moral Principles

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Key words: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

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 Problems of small business in Ukraine and ways for their overcoming

2021 ◽  
Vol 71 (4) ◽  
pp. 69-76
Author(s):  
A. Chushak-Holoborodko ◽  
P. Horyslavets ◽  
O. Poburko ◽  
S. Shramko
Keyword(s):  
Law Enforcement ◽  
Small Business ◽  
Small Businesses ◽  
Bank Lending ◽  
Legal Regulation ◽  
The State ◽  
Normal Operation ◽  
Law Enforcement Agencies ◽  
Wide Range ◽  
Business Entities

The essence of small business and the criteria for enrollment of business entities to small enterprises and micro-enterprises, both according to the approach of domestic legislation and European standards are investigated in this paper The place of small business in the state economy and its role in its development is studied. Factors that shape the environment for small business in Ukraine and hinder its effective functioning are formulated. In particular, the legal capacity of small businesses and the biased attitude of law enforcement agencies towards small businesses permanently put pressure on small businesses and complicate the process of their activities. A wide range of inhibitory factors and factors faced by small business in Ukraine are analyzed and studied. The key areas that are most urgently in need of reform are identified, and their detailed and in-depth analysis is carried out. As the result, a list of small business problems in Ukraine is formed and grouped. Obstacles on the part of the tax system include refusal to register tax invoices for unknown reasons, delays in unblocking tax invoices and registration of invoices by tax authorities, as well as unfounded grounds on which taxpayers are included in risky and lack of clear instructions for exclusion from the list of risky. On the part of law enforcement agencies – unfounded criminal proceedings, slowing down the process of returning business entities to normal operation. On the part of labor relations are the complexity and inflexibility of the interaction between employee and employer and the procedure for dismissal of employees; conducting by the employer of documentary administration of labor in paper form; significant dispersion of legal regulation of labor inspections. In terms of availability of funding are non-compliance with the requirements of bank lending and lack of information about international programs, grants and donor funding with the participation of European organizations, as well as government programs to support business. Based on the outlined problems, a number of ways to overcome them, which will bring small business in Ukraine to a new level and strengthen the economic position of the state are formed.

scholarly journals Peculiarities of the tactics of commissioning forensic tax audit

2020 ◽  
pp. 1-12
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Economic Entity ◽  
Interdisciplinary Approaches ◽  
Tax Audit ◽  
The Government ◽  
Structural Methods

The subject of this article is the scientific and organizational-methodical patterns of forensic audit in conducting research on the objects of accounting processes of an economic entity, which describe records on the due and listed tax obligations seized by the Federal Tax Service to the government and (or) municipal formations. Special attention is given to the tactics of assigning such research in the criminal proceedings. In the course of this study, the author applied the comparative-analytical and system-structural methods of scientific cognition, as well as interdisciplinary approaches, since the study required knowledge of procedural and substantive law, forensic science, theory of forensic audit, economics and normative legal regulation regulation of the accounting processes of economic entities, which determined comprehensive character of this research. The author attempted to examine the forensic tax audit as an independent type of economic audit, which includes subject, object, goals and scientific-methodical recommendations for law enforcement agencies in commissioning such audits. The article describes the fundamental principles of private theory of forensic tax audit, which did not receive due attention within the scientific literature. The proposed recommendations are aimed at unification of investigative and judicial practices on commissioning and assessment of application of the results of forensic tax audit.  A comprehensive perspective upon the forensic tax audit and its current status is essential for its implementation by investigators, courts or investigating officers in criminal proceedings. The result of this work lies in formulation of recommendations for law enforcement agencies on the peculiarities of tactics used in commissioning forensic tax audit to state and non-state forensic audit institutions relating to peculiarities of preparing the objects of investigation, specificity of questions submitted to resolution by a forensic expert. A list of questions for forensic tax audit is presented.

State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Moral Principles

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Keywords: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

Causes and conditions for committing illegal acts in modern society: theoretical and legal aspects and some solutions

2020 ◽  
pp. 287-295
Author(s):  
Tatyana Plotnikova ◽  
Vadim Kharin
Keyword(s):  
Law Enforcement ◽  
Public Life ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Clear Distinction ◽  
Main Role ◽  
Negative Consequences ◽  
Illegal Acts

As a result of everyday social activities, people constantly come into relationships with each other. This type of relationship may not be regulated at all (exist on the basis of morals, traditions, etc.), or it may not exist without a certain legal regulation, which is supported by the power of the state. Violation of these regulations constitutes an offense. Offenses have negative consequences for various spheres of public life, they cause damage to both society and the state. In modern conditions, there is a tendency to increase the number of offenses in society. This situation stimulates the study of the causes and conditions of committing offenses, both of certain types of offenses, and of all illegal acts in general. The work considers the main causes and conditions of offenses, and also provides a clear distinction of such terms as “cause”, “condition” and “reason”. The main role in the fight against offenses, including the activities to identify and eliminate the causes and conditions of committing illegal acts, belongs to law enforcement agen-cies. But in the current circumstances, this is not enough, so it is necessary to pay attention to other mechanisms and ways to eliminate the causes and conditions of violations and effectively use them.

scholarly journals The Guiding Principles of Police: Use of Force

2020 ◽  
Vol 3 (1) ◽  
pp. 90-105
Author(s):  
Rabi Raj Thapa
Keyword(s):  
Law Enforcement ◽  
Use Of Force ◽  
Vital Role ◽  
Economic Transformation ◽  
Political Transformation ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Post Conflict ◽  
The Government ◽  
And Training

There can be no issue of greater consequence than the use of force for police and law enforcement professionals. In a transitional post-conflict country like Nepal, internal security agencies play a vital role in managing the complexity of political, social and economic transformation. Ever since the end of the feudal oligarchic militaristic Rana regime, internal security and law enforcement took precedence in providing safety and security for the Nepalese people. Since Nepal entered a democratic transition in 1950, it almost failed to consolidate and strengthen its internal security and law enforcement apparatus by appropriately restructuring and consolidating the Nepal Police and National Intelligence functions. Even after the democratic political transformation of 1950, it took five years to establish the national Nepal Police in 1955. Law enforcement agencies are now challenged to solve problems well beyond traditional scope. Therefore, internal security must come up with highly developed methods of policing and law enforcement. Technologically, this may not be possible yet, but it can provide management and training of its personnel based on world standards of policing and emphasizing knowledge and skill enhancement and professional behavior. This paper has tried to focus and analyze the use of force by internal security apparatus of the Government of Nepal in the past and brain-storm its future roles and challenges. The paper is divided into two parts. The first part will touch upon contextual commentary on the use of force in brief. The second part will highlight three time-tested models and procedure of the use of force.

scholarly journals INTERACTION OF LAW ENFORCEMENT AGENCIES WITH THE POPULATION AS A FACTOR OF NATIONAL SECURITY

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Алмас Канатов ◽  
Almas Kanatov ◽  
Максим Баранов ◽  
Maksim Baranov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Fire Service ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Political Security

Various forms of cooperation between law enforcement authorities and the public (civil society) in the fight against offenses in order to strengthen national security are detailed in the article. Among the law enforcement agencies the following authorities are highlighted: the prosecuting authorities, internal affairs bodies, state fire service, anti-corruption service and the service of economic investigations, which are operating in accordance with the legislative acts of the Republic of Kazakhstan. Certain aspects are researched, the principles for such interaction are proposed. Within counteract threats to national security the author fragmentarily emphasized in particular, social security, military security, political security, economic security, informational security and environmental safety. The role of inter-ministerial committees for prevention of offenses under the Government of the Republic of Kazakhstan and the public councils under law enforcement bodies was distinguished. The authors note that the participation of public organizations in law enforcement activities of the state is provided by the Plan of measures on realization of the State Program of further modernization of the judicial system of the Republic of Kazakhstan for 2014—2020. The mandatory learning of the basics of personal and public safety by citizens, involved in law enforcement activity and the need of methodological and logistical support is provided.

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