scholarly journals The National Police of Ukraine as a component of the domestic law enforcement system

2019 ◽  
pp. 61-65
Author(s):  
Yu.V. Harust ◽  
S.Yu. Kalyta
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
Public Confidence ◽  
Scientific Article ◽  
Emergency Situations ◽  
Law Enforcement Agency ◽  
The Law ◽  
National Police ◽  
Domestic Law

In Ukraine, there are qualitative changes in the reform of law enforcement agencies in order to more effectively ensure the rule of law in the country, protect human rights and freedoms and increase public confidence in these bodies. Undoubtedly, it is important to create a National Police, which plays an important role in the domestic law enforcement system. Since the first days of its operation, the police have received support from citizens, who argue with various sociological surveys, because this law enforcement agency is open enough in its activity, there is contact with the population. The article is devoted to the activity of a component of the domestic law enforcement system – the National Police. The National Police of Ukraine (police) is a central executive body that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order. This topic is very relevant, as the police are a relatively new subject in the law enforcement system and are on their way. The scientific article investigates which regulatory acts regulate the activity of this law enforcement agency, the structure, main tasks of the police are found out on the basis of the current legislation. The structure of the National Police is quite complex and due to the shortcomings in the legislation, there are problems concerning the interaction between the units. The publication examines the procedure for appointing persons to the post of a police officer and identifies the main problems of selecting candidates to the ranks of the National Police. The importance of introducing in the Law of Ukraine “On National Police” the task of the police is emphasized – to provide within the limits specified by the law services for assistance to persons who, for personal, economic, social reasons or due to emergency situations, need such assistance. Some of the shortcomings of the Law of Ukraine “On the National Police” have been identified and suggestions for improvement of this legal action have been proposed. Keywords: law enforcement system, National Police of Ukraine, police tasks, police structure, police officer.

scholarly journals On the Concept of the Human Rights Activities and the Human Rights System or on Organizational and Legal Prerequisites for the Nationwide Happiness

2021 ◽  
Vol 1 ◽  
pp. 27-35
Author(s):  
Yuriy V. Kim ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
The State ◽  
Public Authorities ◽  
Head Of State ◽  
State Organizations ◽  
Definition Of ◽  
Almost All ◽  
Domestic Law

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

scholarly journals PENEGAKAN HUKUM TERHADAP PELANGGARAN HAK MEREK DI KOTA MAKASSAR

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
St. Nurjannah
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Service ◽  
Civil Servant ◽  
The Law ◽  
The Republic ◽  
National Police ◽  
The City

AbstractThe form of law enforcement against brand violations in the city of Makassar has been regulated in Law No. 20 of 2016 that has been good and perfect because it has gone through several revisions and in practice, law enforcement against these violations has been carried out well by investigators of the civil service Ministry of Law and Human Rights who work closely with the Republic of Indonesia National Police investigators and Public Prosecutors. But it is needed addition to the number of civil servant investigators in the scope of ministries that specifically deal with violations of brand rights and IPR as a whole so that enforcement and implementation of the Law / 20 of 2016 is more maximal. The stipulation of laws concerning brands which constitute complaint offenses must be changed to the usual offense of enforcement of violations of Brand Rights which can be immediately processed by the authorities without waiting for a complaint.Key Words: Law Enforcement, Brand RightsAbstrakBentuk penegakan hukum terhadap pelanggaran merek di kota Makassar telah diatur didalam UU No. 20 Tahun 2016 yang telah bagus dan sempurna karena telah melalui beberapakali revisi dan dalam prakteknya, penegakan hukum terhadap pelanggaran ini telah dijalankan dengan baik oleh penyidik pegawai negeri sipil kementerian Hukum dan Ham yang berkerja sama dengan penyidik Kepolisian Negara republik Indonesia serta Penuntut Umum. Namun, diperlukan penambahan jumlah penyidik pegawai negeri sipil dilingkup kementrian yang khusus menangani pelanggaran hak merek dan HKI secara keseluruhan agar penegakan dan penerapan UU/20 tahun 2016 lebih maksimal. Penetapan UU tentang merek yang merupakan delik aduan harus diubah menjadi delik biasa sehingga penegakan terhadap pelanggaran Hak Merek dapat segera diproses oleh pihak yang berwajib tanpa menunggu adanya aduan.Kata Kunci: Penegakan Hukum, Hak Merek

scholarly journals Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

scholarly journals Administrative and Legal Status of the National Police of Ukraine as a Subject of State Policy Implementation in Human Rights and Freedoms

2020 ◽  
Vol 76 (1) ◽  
pp. 32-38
Author(s):  
A. V. Tanko
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Policy Implementation ◽  
Police Officers ◽  
State Policy ◽  
Legal Status ◽  
The State ◽  
Human Rights Protection ◽  
The Law ◽  
National Police

The article is focused on studying the phenomenon of the administrative and legal status of the National Police as a subject of Ukrainian state policy implementation in human rights and freedoms. The author outlines the essence and content of the administrative and legal status of the National Police of Ukraine through the leading categories of "law" and "freedom", which are important for the democratic processes developing in Ukrainian society. The administrative and legal status of the National Police of Ukraine is considered as a set of characteristics and powers entrusted in the state legislation, a set of the following components: target – determined by the mission of the police to promote the state policy implementation in the fight against crime and peacekeeping, enforcement of rights, public and state interests; organizational – characterizes the structure of the National Police, consisting of a central police control facility, which consists of organizationally integrated structural units that ensure the implementation of the police tasks in human rights protection; competent – related to the definition of tasks, functions, rights, and duties, as well as the degree of responsibility of the law enforcement and its units and employees, determining the focus of their activities on the protection of the individual and the guarantee of the legitimacy of counteracting the state on the part of the person to protect their rights and freedoms. In practice, the implementation of the new administrative and legal status enables law enforcement to approve the law, enhance the communication and legal culture of police officers, overcome the traditional politicization and militarization of law enforcement by updating the organizing strategies of human rights activities, strengthen the state and professional discipline, make the police activities transparent, improve the control system and responsibility of police structures and professionals for malpractice.

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 TYPES OF MEASURES IMPLEMENTED BY THE NATIONAL POLICE AND THE PLACE OF ADMINISTRATIVE COERCION AMONG THEM

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 79-85
Author(s):  
В. П. Калашнік
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
The State ◽  
General Level ◽  
Public Confidence ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Definition Of ◽  
Justice Restoration ◽  
National Police

The relevance of the article is that the creation of the National Police of Ukraine has become a radically new stage in reforming the law enforcement sector of our state. This central executive body was called not only to ensure the protection and observance of human and civil rights and freedoms, but also to increase the general level of public confidence in the state in general and its law enforcement sector in particular. At the same time, in carrying out their activities, the police implement a number of measures, among which a special place belongs to administrative coercion. The latter, in turn, emphasize the legal relationship between the state and the law enforcement system. Therefore, establishing the place, role and importance of the National Police in the system of law enforcement agencies of the state is of great importance for their proper functioning and efficiency. The article, based on the analysis of scientific views of scientists and the norms of current legislation, identifies the types of measures implemented by the National Police of Ukraine. The content of some measures is revealed. It is stated that in the system of measures implemented by the National Police, one of the key places is given to administrative coercion. The author's definition of the concept of administrative and coercive measures implemented by the National Police of Ukraine is proposed. It is determined that administrative-coercive police measures occupy the main place in the administrative activity of the police, as they provide, in particular: unimpeded preventive measures to prevent offenses; protection of human rights, freedoms and interests, citizens and public order and public safety; cessation of committed offenses; gathering evidence; identification and detention of the offender; bringing perpetrators to justice; restoration of justice in society, etc. Therefore, the more effective the measures of administrative coercion that can be used by the National Police of Ukraine, the better the fight against crime and the more effective the process of crime prevention.

scholarly journals Wewenang Pelaksanaan Diskresi Kepolisian Dalam Upaya Penegakan Hukum (Tinjauan Dari Perspektif Yuridis Normatif)

2020 ◽  
Vol 3 (2) ◽  
pp. 52-70
Author(s):  
I Wayan Wisadnya
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Interest ◽  
Code Of Ethics ◽  
Police Discretion ◽  
Self Assessment ◽  
Professional Code ◽  
The Public ◽  
The Law ◽  
National Police

Problems regarding Law infoscment (law enforcement), especially in the police discretion, this is not just an option for the police, but is an important and inevitable part of carrying out law enforcement tasks, with the aim of reducing the crime rate, in order to create a safe situation. and orderly in the midst of society and conducive conditions. In the book Black Law Dictionary comes from the Dutch Discretionary language which means Wisdom in terms of deciding an action not based on the provisions of regulations, laws or applicable law, but on the basis of wisdom, consideration or justice. The authority of the National Police in exercising police discretion in law enforcement efforts is carried out by acting in the public interest based on self-assessment and only in very necessary circumstances, with due observance of laws and regulations, such as Law No.2 of 2002 concerning the Indonesian National Police, the Book of Law In addition, the Criminal Procedure Code (KUHAP) and Perkap No.1 / 2009 must also uphold human rights and the Police Professional Code of Ethics. Therefore, problems in the field can be identified, namely: what is the authority of the Police in implementing discretion? and what is the law enforcement effort?, then this study uses the Normative juridical approach, namely an approach based on statutory regulations, as well as legal materials that apply as positive law in Indonesia. So the conclusion is that the authority of the police in implementing police discretion in the effort to enforce the law is carried out by acting alone in the public interest based on self-assessment and only in very urgent situations by taking into account statutory regulations, such as the Police Law, KUHAP and Perkap (Praturan Kapolri No.1 2009), and Upholding Human Rights and the Professional Code of Ethics for the Indonesian National Police.

scholarly journals A Critical Analysis on Violation of Human Rights Caused by Extra-Judicial Killings with Special Reference to the Role of Police: Bangladesh Perspective

2020 ◽  
pp. 11-32
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Actual Situation ◽  
Police Administration ◽  
Law Enforcement Agency ◽  
Negative Role ◽  
The Law ◽  
The Relationship

This paper mostly dwells on certain examples of violation of human rights extremely committed by the law enforcement agency i.e., the police emphasizing the human rights situation in Bangladesh. The utmost negative role of Police has been highlighted here considering the state of human rights regarding the violations especially caused by Extra-Judicial Killings. Furthermore, the Human Rights situation demanded its due concepts with the present justice system. In this study, the police administration has been taken under close scrutiny. In addition to this, an attempt has been made to unveil the relationship between Human Rights and Police Administration. Most importantly, there is a further attempt to uphold the facts of human rights violations, especially in extra-judicial killings mentioning and studying sensational cases too. Finally, in this paper, the researcher has endeavored to bring out the actual situation of violations analyzing the extra-judicial facts in different perspectives in connection with the activities of the law enforcing agencies i.e., the police where this agencies are always on action having the responsibilities to protect and ensure the human rights of the citizens in a democratic and developing country like Bangladesh.

scholarly journals Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Privacy Rights ◽  
The Law ◽  
The Government ◽  
Investigation Process ◽  
Do So

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.

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