scholarly journals Some questions of the history of the formation of the system of criminalistic knowledge

2021 ◽  
pp. 218-225
Author(s):  
V. O. V. O.

The article discusses the problematic issues of the historical preconditions for the formation of the system of criminalistics knowledge. Analyzed the scientific works of scientists and practitioners of law enforcement agencies regarding the system of criminalistics knowledge and criminalistics science. The importance of taking into account the historical period regarding the formation of the structure and system of criminalistics knowledge is emphasized. Systematization of criminalistics knowledge took place in several stages. Thus, one of the first to summarize and classify criminalistics knowledge was Hans Gross. Similarly, SM Tregubov and RA Reiss attempted to form a system of criminalistics knowledge in their scientific works. A. I. Vinberg and B. M. Shaver in their work argued for the need to distinguish in criminalistics science of the general and special part. In certain historical periods, different views were proposed on the formation of a system of criminalistics knowledge, which is associated with the historical development of society at that time, the state of scientific research on the detection, detection and investigation of criminal offenses. Depending on the historical stages, practitioners and scientists offered their own system of criminalistics knowledge and criminalistic science.

2021 ◽  
Vol 1 (12) ◽  
pp. 103-114
Author(s):  
Puzyrov M. S. ◽  

The article analyzes criminality in the Armed Forces of Ukraine as an object of criminological research. The expediency of studying criminality in the Armed Forces of Ukraine in both broad and narrow senses is found. In the first case, the analyzed type of criminality has its general criminal nature and is represented by a set of criminal offenses, the commission of which is possible both by servicemen of the Armed Forces of Ukraine and other entities. This is the so-called general criminality represented by such criminal offenses as injuries of varying severity, murders, theft, etc. In a narrow sense, criminality in the Armed Forces of Ukraine is considered as a set of relevant criminal offenses, the commission of which is possible only through the person’s presence in the status of a special entity, which in this context is a serviceman of the Armed Forces of Ukraine. In this case, it’s about criminal offenses against the established procedure for military service (military criminal offenses), provided in Section XIX of the Special Part of the Criminal Code of Ukraine. The concept of “crime prevention in the Armed Forces of Ukraine” is scientifically substantiated and defines as a set of special organizational, administrative, criminal law, criminal procedural, criminal-executive and operative-search measures of specially authorized units of the Armed Forces of Ukraine in cooperation with law enforcement agencies on prevention and cessation of criminal-illegal encroachments regarding the established order of military service, economic, violent, mercenary-violent (etc) orientation in the Armed Forces of Ukraine, which are carried out on the basis of constitutional and special-branch norms and principles concerning defined groups or individually defined persons, methods and means provided by the current legislation. Key words: Armed Forces of Ukraine, military servicemen, criminological research, criminality, determinants, prevention.


Author(s):  
Olexandr Berezhnyi ◽  
◽  
Bogdan Klimchuk ◽  
Arthur Litvinenko ◽  
◽  
...  

The article examines the organizational and functional problems of the State Bureau of Investigation and suggests ways to solve them. The article analyzes the works of scientists who are devoted to the analysis of the law enforcement system of Ukraine. The paper also proposes the structure of a new law enforcement agency. The paper provides a comparative analysis of the structure and functions of the State Bureau of Investigation with other bodies of pre-trial investigation and operational-search activities of Ukraine. The experience of creation and functioning of similar law enforcement agencies in other countries of the world is considered. Attention is focused on the history of the implementation of a specialized law enforcement agency. The article proposes to improve the subject and subject jurisdiction of the State Bureau of Investigation. The author has formulated his own vision of solving the problems of the organization and functioning of the State Bureau of Investigation, taking into account international experience in organizing such law enforcement agencies and on the basis of constitutional principles according to which other pre-trial investigation bodies operate. It is proposed to amend the provisions of clause 1 of part 1 of article 5 of the Law of Ukraine "On the State Bureau of Investigation" so that those crimes that are committed by officials directly during the performance of their official duties are under investigation and it is concluded that the following improvement of the organizational and functional aspects of the activities of the State Bureau investigations based on the principles of legality, fairness, reasonableness and the rule of law will guarantee a stable law enforcement system, and hence a stable investment climate and a stable economic situation in the country.


2018 ◽  
Vol 68 (1) ◽  
pp. 17-24 ◽  
Author(s):  
V. A. Grechenko ◽  
V. I. Moskovets

The subject matter of the study is the main aspects of the militia activity of Ukraine on combating crime in the mid-1930s. The novelty of the work is that this problem has not been researched in the historical and legal literature yet. The authors of the research have used historical, statistical, formal and logical methods. The facts about different directions of militia activities have been generalized. It has been noted that the criminal situation in Ukraine in the 1930s intensified, which became the consequence of the processes of industrialization, solid collectivization, mass dispossession of the kulaks and the Holodomor. Robberies, thefts, bodily harm and murders were widespread in the Republic. The main damage to the state was caused not by the gangs that carried out robberies and attacks on trains, warehouses and shops, but “offenses at the place of work” – large theft of money and goods carried out by the administration, and petty thefts by ordinary workers. Therefore, the fight against crime remained the most important direction of the activities of law enforcement agencies of Ukraine. The attitude towards juvenile delinquency and methods of combating it changed. Penalty policy has shifted from preventive and educational measures to repressive actions against juvenile offenders, who committed crimes. In order to improve the activities of militia, certain attention was paid to improving the work of investigators and district inspectors, covert intelligence and information work, public involvement into countering crime. As a result, it was possible to achieve a certain reduction in the overall level of crime. However, the number of cases of some types of crime (hooliganism) even increased, and new types of crimes (passport forgery) appeared. There was also a politicization of crime, which was a manifestation of the strengthening of the totalitarian regime in the Republic. The materials of the article can be used for teaching the discipline “History of the State and Law of Ukraine” and the special course “History of Law Enforcement Agencies of Ukraine”.


Author(s):  
Oleksandr Kosychenko ◽  
Marharyta Maksymova

The main ways of protection of identity documents when crossing the state border of Ukraine are highlighted. It is determined that law enforcement agencies are increasingly detecting forged documents when crossing the state border. Document forgery is linked to an increase in the level of public danger, as it relates to different ways of investigating criminal offenses in Ukraine and abroad. This is facilitated not only by economic and political instability in the country, but also by the presence in circulation of passport docu-ments of old specimens in which the degree of protection against counterfeiting is not too high, as in the documents of the new specimen. It is impossible to investigate criminal offenses related to the use of fake passport documents without knowledge of the means of their forgery, the procedure of inspection and the peculiarities of conducting the relevant examinations. It should be noted that document forgery is constantly being improved, so law enforcement agencies need to use state-of-the-art technical devices to respond to the challenges of time. Not only insufficient funding from the state, but also inadequate professional training of employees who deal with identification of fake passport documents, the scraps do not have the proper level of use of technologies that enable identification of passport technologies, which complicates the implementation of the latest technologies in the activities of law enforcement agencies. In order to expose criminals falsifying passport documents, one must not only be thoroughly aware of criminal procedural law, but also be able to put it into practice. For detailed examination of passport documents at the border crossing, it is necessary to rely on both legislative acts and departmental instructions, which specifically explain certain aspects of detecting counterfeits. Exposing criminals, who use false documents will, in the future, counteract transnational crime, which poses a great deal of damage both nationally and internationally. In Ukraine, technical support for expert units remains a major problem, which is more outdated, but this does not prevent the main tasks from being fulfilled. It can be concluded that the modern document security instruments, as a whole, perform the function of protecting such documents from fraud, but there is a continuous improvement of security mechanisms through the introduction of the latest technologies and borrowing of international experience to improve the quality of Ukrainian documents. The law enforcement agency of Ukraine needs to modernize its technical means in accordance with the current realities and tasks of expert examination of documents.


Author(s):  
Elena N. Strukova

There are highlighted the topical issues discussed at the Round table “Work of Libraries with the ‘Federal List of Extremist Materials’: Interaction with the Executive Authorities and the Law Enforcement Agencies”, which took place on 15 September, 2015 at the Centre for Social and Political History of the State Public Historic Library of Russia.


2021 ◽  
Vol 7 ◽  
pp. 76-83
Author(s):  
Anatoliy M. Tarasov ◽  

The article, written in connection with the 70th anniversary of Professor V. V. Chernikov, notes the influence that he had on the choice of my scientific research on the problems of state control. The relevance of the topic at the current stage of the development of society is emphasized. The article substantiates the thesis that the state control bodies (subjects of state control) are faced with the tasks not only to identify and fix violations in the work of the controlled bodies, but also to develop and adopt management decisions and measures to eliminate and prevent them in the future, including in relation to the activities of law enforcement agencies of the executive power.


2021 ◽  
Vol 80 (1) ◽  
pp. 86-92
Author(s):  
В. А. Греченко ◽  
О. М. Гончарук

There was a significant crime growth in the Russian Empire In 1880s in general and in particular on Ukrainian territory that was part of the Empire at that time. It was influenced by a set of reasons of political, social, organizational, economic and psychological nature, including the disintegration of the peasant community, the proletarianization of the peasants and their influx into the cities. The authors of this topic have considered two aspects of the problem: the history of crime prevention in the late XIX century, whose experience always remains relevant, and the history of Kharkiv of the same period, which is also interesting from a scientific point of view. The topic is insufficiently researched; the authors did not find publications where it would be specially researched. The researchers set out to reveal the main aspects of crime in Kharkiv in 1880s and some measures to combat it. This purpose is specified in the following tasks: to identify the main general factors in the crime growth in the country during this period; to consider some aspects of crime in Kharkiv that have not been studied so far: a) abuse at customs; b) the fight against alcoholism; c) combating prostitution. The authors for the first time in the historical and legal literature have studied the main aspects of crime in Kharkiv in 1880s, have highlighted the prehistory and the course of the resonant Kharkiv trial of 1885 on abuses at customs. The main directions of the fight against alcoholism have been revealed. The state of counteraction to prostitution in the city has been studied. The issue of the main reasons for the rapid growth of crime during that period has been supplemented. The authors have used the historical principle of research while writing of the article; processes, events and facts were studied in chronological order taking into account the socio-political situation of that time. The principle of objectivity, which the authors tried to adhere to, meant relying on the facts in their true meaning. Each historical and social phenomenon has been considered in its diversity and contradiction, in the aggregate of both positive and negative manifestations. The Kharkiv trial of 1885 demonstrated the shortcomings of the Judicial Reform of 1864, the activities of lawyers and the jury. Counteracting alcoholism and prostitution in the city was formal and ineffective. The operation of whorehouses was regulated by the state, which understood its task only in combating the spread of sexually transmitted diseases and combating mischief in the locations of whorehouses. The materials of the article can be used while teaching the disciplines “History of State and Law of Ukraine”, “History and Culture of Ukraine”, special course “History of Law Enforcement Agencies of Ukraine”, for writing monographs on the history of law enforcement agencies, the history of Kharkiv.


2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.


2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk

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.


Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.


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