scholarly journals Particular organizational and legal aspects of an external pat-down

Author(s):  
Aleksandr Viktorovich Izinger

  The research subject is the set of laws regulating the grounds for and the procedure of an external pat-down by the police officers. The research object is social relations emerging during an external pat-down carried out by the police officers for the purpose of public order and safety protection. The article deals with the questions of public order protection by the police officers using an external pat-down. The author considers the problems of legal regulation of this type of search using comparative analysis, and defines the organizational aspects of an external pat-down. The author focuses on the legal grounds for the prevention of citizens’ counteraction to police officers performing an external pat-down. The scientific novelty of the research consists in the complex analysis of an external pat-down carried out by police officers for the purpose of personal safety protection. Based on the analysis of laws and law-enforcement practice, the author defines the tactics of police officers carrying out an external pat-down in situations beyond the scope of legal regulation. The author emphasizes the necessity to strictly observe civil and political rights during an external pat-down. In this context, the author draws attention to the peculiarities of carrying out an external pat-down by a police officer of the same gender as a searched person, and the legality of actions in case the objects, potentially dangerous for the police officers but not prohibited for civilian circulation, are found.  

Author(s):  
Vitalii Feliksovich Gol'chevskii ◽  
Ol'ga Vladimirovna Khramtsova

The research object is social relations emerging in the field of road police officers’ personal and collective safety protection while in the execution of their duties. The research object is the formation and improvement of personal safety protection skills of internal affairs officers in the process of their professional training. The topicality of the research is connected with the tasks of professional training quality improvement at the educational institutions of the Ministry of Internal Affairs of Russia, and the necessity to maintain the working efficiency of law enforcement officers which determines the effectiveness of their work. The study contains the analysis of road accidents, determines the types of persons allowing them to happen, and describes the proportion of road accidents caused by drivers in a state of alcoholic intoxication. The authors define the main causes of internal affairs and road police officers traumatization; analyze the probability of conflict situations between road police officers and drivers in a state of alcoholic intoxication. The research methodology is based on the methods of involved observation, the analysis of the practical experience of the internal affairs agencies, and the interdisciplinary analysis of academic works and regulating documents in the field under consideration. The scientific novelty of the research is as follows: a) the authors analyze the offences committed in the recent years; b) the authors raise the problem of the improvement of personal safety protection skills of internal affairs officers; c) the authors analyze the contents and the structure of professional training programs. The conclusions of the research substantiate the necessity to improve the main professional training program and to take particular steps aimed at the protection of personal safety of internal affairs officers while in the execution of their duties. The statistical data described in the article as well as the example of a road police officer traumatization while making up a protocol, proves the importance of research in this field.   


2021 ◽  
Vol 76 (3) ◽  
pp. 62-68
Author(s):  
Albina Batechko ◽  

The article is devoted to the study of the peculiarities of the protection of the honor and dignity of the National Police of Ukraine. The notion of honor and dignity of a police officer is considered and analyzed. The author revealed the meaning of the terms «dignity» and «honor» and provided a definition of honor and dignity of police officers within the independence of these terms and pointed out the main difference between these concepts. The article identifies the current state of national and international legislation on the protection of honor and dignity. The main characteristics and indicators of professional honor and decent behavior of a police officer are given. It is noted that the real protection of the honor and dignity of police officers in practice is virtually ignored and, according to current statistics, offenses against the honor and dignity of police officers are indicators of latent crime. The experience of European countries, namely Poland and France on the mechanism of protection of personal safety and security of police officers is considered. The main provisions of the draft Law of Ukraine «On Amendments to the Code of Administrative Offenses of Ukraine to protect the honor and dignity of employees of the National Police of Ukraine, members of public formations for the protection of public order and the state border and servicemen» № 5050. It has been found that the honor of the police officer is a directly external assessment of the police officer from the society or the relevant social group, which characterizes the moral appearance of the entire personnel of the bodies and units of the National Police of Ukraine. The dignity of the police officer is the internal self-esteem of police officers as a moral personality that is significant for the environment, for society, and determining the significance of the police as a professional based on its achievements, self-esteem. The protection of the honor and dignity of the police as a citizen of Ukraine is carried out on general grounds and does not guarantee a certain level of protection during the execution of police officers.


Author(s):  
V. Shulhin ◽  

The article analyzes organizational and legal (theoretical and legal, organizational and technical), comparative and applied and terminological and conceptual aspects of codification of legislation in the field of defense of Ukraine, which has important theoretical, legal, practical and applied significance for the effective operation of national defense forces. Security and defense in a special period of conducting a joint operation and on the way to the Euro-Atlantic integration of our country, interoperability with the armed forces of NATO member states are also within the focus of the paper. In order to determine the system-scientific approach to the implementation of this national-strategic task, the subject of which is the regulation of military-legal social relations in the field of defense forces of the security and defense sector of Ukraine, an attempt was made to explore organizational and legal, defense-institutional national features and capabilities, quality and degree of readiness of separate acts (legal norms) of the current legislation in the field of defense to their codification. The legal nature of codification of legislation is established and substantiated; its general and special concept is clarified taking into account existing problems and features of modern process of defense normative-legal regulation, military law enforcement, improvement of nationaldefense and military-legal relations; proposals for process algorithms codification of legislation in the field of defense of Ukraine are formulated.


2018 ◽  
Vol 1 (2(14)) ◽  
pp. 93-97
Author(s):  
Olena Viktorivna Hafurova ◽  
Volodymyr Mykhailovych Yermolenko ◽  
Lyudmila Mikhailovna Stepasyuk

Urgency of the research. Guaranteeing unhindered economic access to high-quality and safe food products is one of the main goals of the state agricultural policy of Ukraine. Therefore, it is particularly important to ascertain the status of social relations in this area. Target setting. Legal regulation is the most effective instrument of state influence on any type of social relations, including agrarian ones. Accordingly, it is necessary to pay attention to the issues of the legal mediation of relations that arise, change and cease in the food security field. Actual scientific researches and issues analysis. Such well-known domestic economists as O. G. Bilorus, V. I. Vlasov, O. I. Goychuk, B. Y. Paskhaver, P. T. Sabluk, O. M. Schpichak and others put sufficient attention to the various aspects of the formation of an economic mechanism for ensuring food security. Uninvestigated parts of general matters defining. At the same time, all legal scholarly works are devoted exclusively to the legal issues of food security, without taking into account the economic directions of its provision. The research objective. Clarification of the current state of the legal support of food security in Ukraine taking into account the economic indicators of its formation. The statement of basic materials. The article examines the legal status of food security in Ukraine. The relations in the sphere of ensuring food self-sufficiency, economic availability, food quality and safety have been analyzed. Conclusions. It is necessary: to completely prohibit any import and use of palm oil for the food; to specify the annual state support for the production and circulation of organic products. It is worth adopting the Law of Ukraine «On Food Security», the content of which should take into account as far as possible the achievements of the agrarian and law doctrine.


Author(s):  
Olim Khomamatovich Narzullaev ◽  

This article provides suggestions and comments on the development of new legislation on the basis of new definitions, improvement of normative and legal documents and their analysis related to the protection and rational use of wildlife. The aim of the research work is to develop, on the basis of a complex analysis of legal relations connected with legal regulation of biological resources in Uzbekistan, a scientific and practical proposals and recommendations for improving environmental legislation, as well as ensuring the effectiveness of law enforcement practice. The object of the research is a system of social relations connected with the protection and legal regulation of using biological resources.


Author(s):  
Y. V. Kapranova ◽  
G. M. Ovsepyan

The article discusses the main approaches to understanding the essence of the rule of law in general, and in public places in particular, and also reveals its features as a field of activity of the police. The positions of scientists studying the rule of law and other categories related to it in the context of police activities are analyzed. The relationship between law and order and public order is demonstrated. It is concluded that the scope of police activity extends mainly to groups of public relations that make up the essence of public order in a narrow (“police”) sense. Attention is focused on the relationship of the «public» of the rule of law with the place where the actions of the subjects of the relevant legal relations are carried out. The groups of legal relations that make up the essence of the rule of law are identified, the protection of which is provided by the police. The content of the rule of law as a field of police activity has been clarified. Attention is drawn to the primacy of public order and the need for legal regulation of social relations, where civil society cannot or should not self-organize to achieve the goals of social development, create a safe environment for life, and also recognize the police as the main subject of law enforcement in public places.


2019 ◽  
pp. 90-93
Author(s):  
S. A. Komissarov

The article deals with the codification of administrative legislation. The basic concepts are considered, approaches to a problem are revealed, directions of improvement of the current legislation are analyzed. The main attention is paid to the issue of codification as a legal category and codification of administrative law, since it is a form of lawmaking, and its main purpose is to providing the most complete legal regulation of a certain sphere of social relations by adopting logically complete normative acts of complex and generalizing nature. It is suggested that public law should perform the function of public order, which is provided with appropriate means of influence in case of violation of relations in this field. It is emphasized that the list of remedies of public order includes the rules of public law, but those with a protective orientation, public-legal relations that arise in cases of committing offenses in the sphere of public order, and acts of implementation of these rules. As for administrative law, its main function should be to protect the rights and freedoms of a citizen from illicit acts or inction of state bodies (officials). On the basis of a critical analysis of the foundations of post-Soviet jurisprudence, a modern understanding of the role and content of norms of administrative law is offered, as well as a comprehensive, balanced and consistent revision of the legislation, and its adjustment with modern European standards. In particular, there is an urgent need to reform the administrative law of Ukraine, the basis for defining the purpose of which is an approach formed in Soviet times, which should be based on a substantially updated, more democratic understanding of the public purpose of public law, which will replace Soviet administrative law. It is concluded that a qualitatively new ideology of legal thinking must be created and practically introduced in Ukraine.


2021 ◽  
Vol 12 (2) ◽  
pp. 107-112
Author(s):  
Nazarii Tuz ◽  
◽  
Mykhailo Shevtsiv ◽  

The article examines the issues of detention of individuals who can be used in their professional activities by police officers following the Scandinavian model of public order and security during violations of the order of mass events. Sometimes, during violations of the relevant mass events, police officers must counteract such conduct which violates certain rights and freedoms of others, which behave peacefully, calmly, in accordance with the clear rules provided for by national and international law. In some places, in order to stop the above-mentioned acts, the police are forced to apply, on legal grounds, coercive measures, which are provided by the Law of Ukraine “On the National Police”. However, it must always be borne in mind that the right to peaceful assembly is a fundamental human right and the use of force must be kept to a minimum so as not to harm human life or health and to restore public order and safety. Dialogue and conversation between police officers are important in detaining people who violate public order and security, as well as for those who are nearby during various types of gatherings. Here we need to understand the message, the reasons or motives for the detention, and, in general, the attempt to communicate and talk to the detainee. Detention of persons, quite often, is an effective way to ensure the order of peaceful assemblies, to ensure the realization of citizens' rights to peaceful assemblies. Detention can be carried out by personnel - police officers in uniform, and officers who perform their duties in ordinary, casual clothes. Police officers often detain people for various types of offenses. The difference between ordinary detention and detention during demonstrations is in the presence of certain factors that need to be addressed.


Author(s):  
Mark Vladimirovich Shugurov

The subject of the study is the legal aspects of the development of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector aimed at ensuring import substitution and going global through reinforcement of export potential. The goal of this article lies in elaboration of the conceptual model of legal regulation of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector. The author explores the global challenges faced by the pharmaceutical sector of the EAEU countries, framework regulation of its technological modernization on the national level, questions of formation of the system of strategic and legal grounds of industrial and technological modernization of the sector within EAEU, as well as the mechanisms which legal regulation would contribute to building the technological and industrial capacity. The conclusion is made that the legal model of industrial and technological integration in pharmaceutical sector is represented by the structured system of legal grounds that reflects the structure of the legal structure of EAEU and is similar to the legal models of other vectors of industrial and technological integration. It implies the combination of international treaty framework and provisions contained the legislative acts of the EAEU. The novelty of this work lies in comprehensive analysis of legal issues of theoretical and applied nature that emerge in the process of this vector of integration. The author’s special contribution consists in modeling the legal space of sectoral integration and forecasting the trajectory of its further development.


2018 ◽  
Vol XIX (1) ◽  
pp. 524-530
Author(s):  
Bazaitu Razvan

Social relations regarding economic transport activity in maritime ports require a clear, concise and coherent body of legislation to support the transport community and the representatives of related industries, so that they can pursue their proposed business objectives, a fair, competitive and safe public order environment. We believe that piloting and sea towing must be circumscribed by this desideratum, a poor legal regulation making it difficult for ships to enter and exit from and to the Port of Constanta and, moreover, be able to cause a real economic or environmental disaster. In this respect, we have proposed in the present paper to analyze from the perspective of legal regulations, as a case study, the most important piloting accident that occurred in the Romanian ports on November 1st 2015 between two commercial ships flag Malta and Turkey, showing the consequences, as well as the potential dangers that could have occurred.


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