scholarly journals To the issue of improving the mechanism of drug criminality counteraction

2021 ◽  
pp. 295-301
Author(s):  
Y.V. Stupnyk ◽  
A.O. Gromovy ◽  
V.V. Petryk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Separation Of Powers ◽  
Personal Responsibility ◽  
Executive Branch ◽  
Social Needs ◽  
Operational Environment ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
Drug Crime

The article deals with the problematic issues of improving the functioning of the mechanism of combating drug crime and on this basis formulated recommendations aimed at improving the legal basis and practice of crimino-logical impact on drug crime. It is concluded that the search for directions of rationalization of the mechanism of combating drug crime can and should be conducted by revealing the degree of influence of the whole management mechanism, its individual elements on the objects of criminological influence in the sphere of combating drug crime, in particular, on the state of law, ensuring public safety, combating crime. The first direction of improvement of the mechanism of combating drug crime is the necessity of a scientifically grounded approach in determining the objective activity for combating drug crime on the basis of objective social needs. The formation of the subject competence of the subjects of combating drug crime must be laid down in three important conditions: first, the prin-ciple of separation of powers, according to which law enforcement agencies are assigned to the executive branch of power; secondly, the protection of only the part of the public relations which the offender encroaches upon by committing a criminal offense can be attributed to the substantive activity of law enforcement agencies; third, law enforcement agencies may be subject only to those relationships that objectively require coercive measures. Another important direction of improving the mechanism of combating drug crime is to bring the crime management system in line with the requirements of scientifically sound principles. These are the principles of balance of rights and re-sponsibilities, personal responsibility of the official for the actions or decisions taken, differentiation of competences of different bodies, divisions and officials, fixing them in the normative legal acts, conformity of the position, deter-mining the main executive level, proportional application coercive measures, etc. It is emphasized that the structural and organizational improvement of the mechanism of combating drug crime necessitates the need to determine the structure - the leader of state policy in this field, as well as the subjects of direct counteraction to drug crime. In view of these circumstances, it is important to create an organizational model of the mechanism for combating drug crime, which would include, first, the enhancement of the status of coordination bodies under the Cabinet of Ministers of Ukraine; secondly, the organizational units in the structure of the executive power of the regional level, which would provide at this level the organization of anti-narcotic activities, especially outside the sphere of law enforcement agencies; third, coordination units providing structurally (by directions): operational-search activities, external intelligence, pre-trial investigation, administrative activities in the field of control over legal drug traffick-ing, providing a single information base on drug trafficking and combating drug crime, other areas counteraction, due to the nature of the complex operational environment.

scholarly journals Criminal Liability for Provoking Bribery

2021 ◽  
Vol 39 (69) ◽  
pp. 492-512
Author(s):  
Oksana Stepanenko ◽  
Andriy Stepanenko ◽  
Maryna Shepotko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Analytical Method ◽  
Criminal Liability ◽  
Law Enforcement Agencies ◽  
Distinctive Features ◽  
Historical Method ◽  
Legal Documents ◽  
New Challenges ◽  
Quantitative Indicators

In modern conditions of development of public relations complication of activity of law enforcement agencies is observed. This is due to new challenges in the law enforcement system, including the fight against high levels of the organization and the criminal professionalism of corrupt individuals. Because of this, it is challenging for operational units to identify specific facts of illegal actions with the help of operational and investigative measures. At the same time, the fight against crime by establishing high quantitative indicators of disclosure remains one of the principles of law enforcement in Ukraine, including sometimes deviating from those means established by law. Therefore, the problem of provoking bribery is relevant for scholars of the legislator and law enforcement. The object of the study is criminal liability for provoking bribery. The research methodology consists of such methods as the dialectical method, analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling method. The authors identified the features of such liability to clarify the problematic issues of qualification of provoking bribery, and to distinguish the distinctive features of prosecution from other types of crimes.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Mapping method in research of drug crime regional criminological features (Ukraine taken as an example)

2019 ◽  
Vol 68 ◽  
pp. 01011
Author(s):  
Andriy Babenko ◽  
Ruslan Tarasenko ◽  
Oleksandr Ostrohliadov
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Illicit Drug ◽  
Mapping Method ◽  
Theory And Practice ◽  
Criminological Theory ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Drug Crime ◽  
Illicit Drug Trafficking

General national average drug crime rates on which the contemporary criminological theory and practice is based do not adequately reflect regional peculiarities in the field of illicit drug trafficking as they level high quality/quantity parameters in some areas and their lower values in others. Still, consideration of only national totals in organization of crime counteraction leads to incomplete information, neglecting its negative trends in certain areas, thus, causing aberration of the actual drug crime situation and using improper countermeasures. Under such circumstances the state law enforcement agencies do not operate preemptively against the illicit drug trafficking, do not contain in due time outbreaks of drug crime in certain areas- crime donors, and, as a result, the efficiency of steps aimed at drug addiction prevention as well as crime limitation in total becomes substantively deteriorated. Criminological mapping method enables the territorial police divisions to monitor existing criminological situation, inform the public and other law enforcement agencies on trends and locations of drug crime expansion, and reveal the most affected areas to be able to react promptly to crime pattern changes in regions. The application of this method enabled the evident demonstration of the fact that in Ukraine the Eastern and Southern areas were most affected by drug crime, wherein the affection factor in this part is twice higher than general national value.

scholarly journals Justification of the Necessity to Adjust Law Enforcement Agencies to Digital Transformation of Criminality

Lex Russica ◽  
2021 ◽  
pp. 63-70
Author(s):  
M. A. Zheludkov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Public Relations ◽  
Criminal Behavior ◽  
Industrial Revolution ◽  
Digital Technologies ◽  
High Tech ◽  
Social Changes ◽  
Law Enforcement Agencies ◽  
Use Of Technology

Underestimation of the importance of solving problems in law enforcement agencies in the context of the use of new digital technologies by criminals may lead to the situation when high-tech crime does not replace traditional forms of theft, but may result in a sharp hypoxia of preventive activities, which will lack the planned law enforcement resources and means of responding to emerging threats. The relevance of the paper lies in the fact that when assessing the use of modern digital technologies in scientific literature and regulatory support, special emphasis is placed on specific data functions of technologies to automatically analyze a set of data and with the help of a set of algorithms to make decisions on optimization of processes and activities, that is, the ability to simplify human relationships. However, the experience of law enforcement has shown that the lack of law enforcement support for protecting the society from negative use of technology leads to the fact that the response now follows the criminal consequences of their use of technologies. The creation of artificial intelligence (AI) systems has led to serious social changes, there is a kind of transformation of public relations under the influence of the digital economy, which inevitably creates the prerequisites for the emergence of specific criminal behavior. The paper provides for a brief analysis of information from open sources about the possibilities of criminal use of artificial intelligence. The author aims to analyze the various possibilities of creating a new model of protection against cybercrime under the control of law enforcement agencies in the context of new threats caused by criminal use of AI technology and the new industrial revolution.

scholarly journals Regulatory support and legal grounds for the coercion by the law enforcement agencies of Ukraine

2021 ◽  
Vol 2 (2) ◽  
pp. 84-91
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Framework ◽  
Diplomatic Relations ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
Special Means ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Legal Grounds

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws

scholarly journals Essence and significance of legislation systematization in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 101-106
Author(s):  
Nataliya Obushenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Effective Means ◽  
Legal Education ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Effective Implementation ◽  
The Right ◽  
Further Development

The article highlights that the systematization of legislation is an essential measure on the path to European integration of our country, as well as that the systematization allows improving and streamlining legislation for ease of application and effective implementation in practice. The article reveals that the role of systematization of legislation is to create all the necessary conditions for its further development, to get rid of gaps and shortcomings in it and to ensure its internal unity. The article clarifies that the systematization of legislation creates opportunities to quickly find and correctly interpret all the necessary regulations, which provides a purposeful and effective legal education of society. Systematization of legislation becomes important in reviewing the sources of law, orientation in the system of legislation, for the adoption of new regulations by law enforcement agencies in coordination with all regulations, addressing obsolete acts and finding the most effective means of regulatory regulation of public relations. In the article, the systematization of legislation should be understood as a set of organizational and legal actions defined by the current legislation of Ukraine, which is carried out by authorized public authorities to bring existing regulations into a single internally coordinated system that improves overall efficiency. Systematization is a process of organizing individual elements, creating the right conditions for them to cooperate and interact with each other. Systematization is one of the main factors of purposeful and effective legal education (formation of legal awareness) and research in the field of student education.

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

scholarly journals Protection of public relations in the field of amber mining in Ukraine: legal aspect

2021 ◽  
pp. 124-128
Author(s):  
Y.A Kholod ◽  
I.M Pogrebnoy ◽  
K.O Chyshko ◽  
D.S Heta ◽  
O.P Shaituro
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Protection Legislation ◽  
Legal Concepts

Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.

Sports criminology

2017 ◽  
Author(s):  
Anna Alekseeva
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Large Scale ◽  
Criminological Theory ◽  
Sports Management ◽  
Law Schools ◽  
Law Enforcement Agencies ◽  
Prevention Of Crime ◽  
First Time ◽  
Sports Activities

For the first time in Russian criminological science, a scientific justification of the private criminological theory of cognition and prevention of crime in the field of sports, designated in the author's interpretation as sports criminology, is proposed. This particular theory is based on the author's own developed theoretical and applied concept of criminological assessment of crimes and their determination, United by a common sphere of public relations, which is formed around the organization of large-scale state and public sports activities and direct participation in it, provided with appropriate ideological, legal, economic, financial, pedagogical, technical and, in part, proper criminological resources. The publication is intended for teachers, postgraduates, adjuncts, students, cadets of law schools and faculties with criminal law specialization, practitioners of sports management and law enforcement agencies.

scholarly journals Legal status of officials and officials: the problem of definition of concepts

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yara Olena ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Relations ◽  
Legal Status ◽  
Civil Service ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Leading Position ◽  
Definition Of ◽  
Law And Legislation

The article examines the problem of delimitation of legal status: official and official. The category of legal status is an important component for every participant in public relations, because such a status will depend on the scope of his civil rights and responsibilities, which is especially relevant for an official or official. It was found that today the issues of the studied categories, namely «legal status of an official» and «legal status of an official» still remain relevant because there is no unanimous position for their delimitation. It is clear that the categories of «official», «official» occupy a leading position in the field of public administration, criminal law, litigation, other areas of law and legislation. These categories should be key in the preparation of regulations relating to the civil service, regulation of law enforcement agencies, determining the legal responsibility of persons holding certain positions in the civil service. Conclusions are made where, given that at the legislative level there is no single definition of «official» and «official», and the proposed definitions in legal science are mainly sectoral in nature, the priority is: first, the definition in the Law «On basics of civil service», which must be adopted, the concepts of «official» and «official» and their features. The task of today's legislator is the need to differentiate them. Therefore, when determining the grounds for assigning persons to the categories of officials or officials should be guided by the relevant legislation governing certain relations. Regarding the legal status of officials and officials, the conclusion was that a significant factor in distinguishing these categories, unfortunately, is not legal status, because without a clear distinction between the basic concepts of «official» and «official», we can not fully describe the differences in this status. Keywords: service, position, legal status, civil service, official, employee, official

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