WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

scholarly journals Concept and structure of the special forces of operative-search activity

2019 ◽  
Vol 73 (2) ◽  
pp. 69-74
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
International Experience ◽  
Structural Elements ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Special Forces ◽  
Criminal Process ◽  
Separate Category ◽  
The Law ◽  
Definition Of

Some essential aspects of the concept of “special forces of operative and search activity” have been revealed, as well as their structural elements have been outlined. Information to clarify the content of the concept of “special forces of operative and search activity” and its certain components has been systematized. The author has studied the interpretation of the relevant components of this term in the literature, as well as taking into account the practical aspects of the organization of operative and search activities. The relevant international experience has been analyzed. Attention has been paid to the fact that only those persons, who cooperate with law enforcement agencies on a confidential basis are logically treated as special forces of operative and search activity. Some aspects of the application of special forces of operative and search activity have been revealed. Emphasis has been placed on ensuring secrecy and confidentiality in the use of special forces of operative and search activity. It has been emphasized that in case of the fulfillment of the tasks of operative and search activity such forces get a special attitude from the law enforcement agencies. The author has attempted to classify such forces, and has defined the attributes relevant to them. Based on the research, the definition of special forces of operative and search activity has been provided – it is a separate category of forces of operative and search activity, which does not belong to the subjects of operative and search activity, but indirectly and on a confidential basis promotes the fulfillment of tasks of operative and search activity and criminal process. The author has substantiated that disclosing party and anonymous author, who provide information on a confidential basis, belong to special forces of operative and search activity.

scholarly journals Interaction of the human-rights ombudsman in the Russian Federation with human rights law enforcement (on the example of the prosecutor’s office and the investigative committee)

2021 ◽  
Vol 118 ◽  
pp. 03023
Author(s):  
Elizaveta Petrovna Demina ◽  
Nikita Vladimirovich Babich
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Legal Status ◽  
Law Enforcement Agencies ◽  
Second Stage ◽  
Quality Of Protection ◽  
Democratic State ◽  
Systemic Problems

The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.

scholarly journals Practical Problems Of Implementation Of Arrests

2021 ◽  
Vol 03 (04) ◽  
pp. 194-199
Author(s):  
Ulmas Sharipov ◽  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Rights And Interests

The purpose of writing this article is to show that in practice the law enforcement agencies conducting pre-trial investigation and preliminary investigation do not strictly follow the detention procedure established by the Code of Criminal Procedure, although the grounds for detaining detainees are not sufficient. by deciding to detain the accused and allegedly facilitating the preliminary investigation through this "method", ie the violation of the rights and interests of the suspects and accused persons involved in the criminal proceedings as a result of the discovery of the crime and the use of suspects as a means of proving guilt being put. The main purpose of writing this article is to prevent these cases and to amend the legislation.

scholarly journals FORENSIC ASPECTS OF USING CERTAIN TECHNICAL MEANS OF ACTIVE SELF-DEFENSE

2021 ◽  
pp. 481-492
Author(s):  
V. Bolshakov ◽  
V. Svytenko ◽  
Yu. Maznychenko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Modern Society ◽  
Main Task ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
Forensic Practice ◽  
Preventive Activity

The article is devoted to the forensic aspects of ensuring necessary defense through the use by law enforcement officials of physical pressure of limited influence, special means (including non-lethal action) and firearms of increased efficiency. The authors, based on the results of forensic practice, assessed the effectiveness of the actions of law enforcement officers to prevent the excess of necessary defense during covert investigative (search) activities. A systematic analysis of recent studies and publications on this issue showed that in the modern global world, the main task of forensic support for law enforcement agencies in different countries is to optimize the processes of detecting, disclosing, investigating and preventing crimes and therefore contributes to the establishment of objective truth in criminal proceedings. A sufficiently high level of criminalization of various spheres of life of modern society requires deep transformations in the system of preventive measures carried out by law enforcement agencies, government bodies and public organizations. The use of special forensic knowledge, along with other forms of preventive activity, can significantly enhance the prevention, detection, disclosure and investigation of crimes. The preventive activity of forensic experts is to study and identify the causes and conditions conducive to the commission of socially dangerous acts. It is noted that Hungarian scientists consider the issues of crime prevention and operational-search activity to be the subject of forensic science. The international experience of disclosing, investigating and preventing crimes indicates a significant number of unsuccessful investigative actions due to the incompetent use of firearms and active defense equipment. It is concluded, based on the content of the concepts of disclosure, investigation and prevention of crimes, and taking into account the historical experience of forensic research of means of necessary defense and firearms, that it is necessary to develop forensic recommendations. In order to increase the efficiency of covert investigative (search) actions by law enforcement officers through the use of modern means of necessary defense and means of physical influence of limited action, as well as special types of non-lethal police weapons with improved characteristics.

STATE PROTECTION AND SECURITY OF PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS, ACCORDING TO THE LEGISLATION OF UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
Pavlo Harasym ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Member States ◽  
Criminal Offense ◽  
Legal Proceedings ◽  
The Law ◽  
State Protection

The article reveals the features of state protection and security of persons participating in criminal proceedings, according to the legislation of Ukraine. It was found that the legal foundations of state protection and security of persons involved in criminal proceedings, in Ukraine are governed by the provisions of regulatory documents, in particular, such as: a) the Law of Ukraine «On ensuring the safety of persons participating in criminal proceedings»; b) the Law of Ukraine «On State Protection of Employees of the Court and Law Enforcement Agencies»; c) Resolution of the Plenum of the Supreme Court of Ukraine «On the application of legislation, which provides for state protection of judges, employees of the court and law enforcement agencies and persons involved in legal proceedings»; d) Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of judges and persons who participate in the implementation of legal proceedings»; e) Recommendation No. R(97) 13 of the Committee of Ministers of the Council of Europe to Member States Concerning Intimidation of Witnesses and the Rights of the Defence, adopted by the Committee of Ministers on 10 September 1997 at the 600th meeting of the Ministers' Deputies; f) Recommendation Rec (2005) 9 of the Committee of Ministers of the Council of Europe to member states on the protection of witnesses and collaborators of justice, adopted by the Committee of Ministers of the Council of Europe on 20 April 2005 at the 924th meeting of the Ministers' Deputies. It has been established that the right to protection and security through the use of special measures has the persons who made a statement to the relevant law enforcement agency about a criminal offense, persons who otherwise participated in criminal proceedings, the victim (victims) or his representative (representatives) in criminal proceedings, an accused, a suspect, legal representatives and defenders, a civil plaintiff and a civil defendant, as well as their representatives in a case for compensation for damage caused as a result of a criminal offense, a representative of a legal entity in respect of which the proceedings are being carried out, employees of the probation body, witness, accuser, specialist, expert, attesting witness and translator, family members and close relatives of the above persons, in order to prevent influence on the actions and testimonies of participants in criminal proceedings. It has been determined that the authorities responsible for ensuring the safety of persons involved in legal proceedings, in particular in criminal proceedings, are the state bodies of Ukraine, which make appropriate decisions on the application of security measures, as well as directly implement security measures. It is noted that the prospects for further research in this direction are the study of the features of the witness protection program in Ukraine and its improvement, taking into account foreign experience, in particular the USA experience in this direction.

scholarly journals Transformation of the mechanisms functioning of law enforcement in the conditions of digitalization

2020 ◽  
Vol 6 (3) ◽  
pp. 174-178
Author(s):  
Eugenia N. Prokhorova
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Security Threats ◽  
Law Enforcement Agencies ◽  
Potential Threat ◽  
Enforcement Policy ◽  
Stage Of Development ◽  
The Law ◽  
Kaliningrad Region

This article is devoted to the study of the problems of interaction of law enforcement agencies in the field of countering modern security threats. In this connection, it justifies the need to create a mechanism for the joint operation of security and security elements of the law enforcement system through the prism of the main trends of law enforcement policy, allowing to draw conclusions about how the features of this process affect the quality of law enforcement. At the same time, the influence of the features of the law enforcement mechanism is connected with the minimization of its costs on the effectiveness of the activities of security agencies at the expense of provisional funds. It is noted that the current stage of development of society is characterized by the transformation of many legal relations, including and law enforcement. However, the use of information technologies by terrorists causes, perhaps, most of all the issues for the resolution of which the forms of interaction of law enforcement agencies that ensure the integration of their activities are proposed. By the example of the problem of countering telephone terrorism with the use of modern technical achievements, the importance of the integrated interaction of law enforcement units, which the author regards as a tool to increase the effectiveness of law enforcement, is shown. It was noted that objectively existing needs for the integration of the actions of states in the suppression, prevention and punishment of such crimes, lead to the intensification of international cooperation in the designated area. Special attention is paid to the Kaliningrad region because of its autonomy and vulnerability due to its remoteness from the main territory of the country and its environment to states that pose a potential threat to the security of the Russian Federation. The author formulates conclusions on the results of the study.

STRENGTHENING LEGALITY IN THE LAW ENFORCEMENT AGENCIES FUNCTIONING AT THE STAGE OF INSTITUTING CRIMINAL PROCEEDINGS AS A MEANS OF PROTECTING THE RIGHTS OF CITIZENS

2021 ◽  
pp. 60-65
Author(s):  
Ramil T. Rafikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Drug Crime ◽  
The Russian Federation ◽  
The Law ◽  
The One

In the article the author examines the issues related to the improvement of legislation in the functioning of law enforcement agencies, in particular that on their counteraction to organized drug crime. We are talking about the amendment to Article 146 of the Criminal Procedure Code of the Russian Federation, according to which criminal proceedings on crimes under Articles 228.1 and 228.4 of the Criminal Code of the Russian Federation on the fact of illegal drugs dealing cannot be initiated in the absence of data on the type, weight and name of drugs, as well as sufficient evidence indicating their transfer to other persons. The law-in-draft is aimed, on the one hand, at protecting citizens, on the other – at increasing the exactingness to law enforcement agencies at the initial stage of criminal – proceedings related to drug crime. The grounds for instituting a criminal proceeding for illegal drug dealing should be the facts of drug transfer to another person, as well as an expert opinion determining their mass, type and name.

FEATURES OF INITIATION OF CRIMINAL CASES RELATED TO THE JURISDICTION OF THE COURT WITH THE PARTICIPATION OF JURORS

2021 ◽  
pp. 57-61
Author(s):  
Алексей Александрович ИЛЬЮХОВ
Keyword(s):  
Law Enforcement ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Law

В статье исследуются актуальные для уголовного судопроизводства с участием присяжных заседателей вопросы возбуждения уголовного дела. Анализируя правоприменительную практику, мнения ученых-процессуалистов, автор отмечает, что, как правило, основанием отмены прокурором решений, принимаемых следователем по результатам проведения доследственной проверки, выступает неполнота ее проведения. Раскрываются условия, при которых доследственная проверка признается неполной, а также вносятся предложения, направленные на повышение качества проведения проверочных мероприятий на стадии возбуждения уголовного дела. The article examines the issues of initiation of a criminal case that are relevant for criminal proceedings with the participation of jurors. Analyzing the law enforcement practice and the opinions of procedural scholars, the author notes that, as a rule, the reason for the cancellation by the prosecutor of the decisions taken by the investigator based on the results of the pre-investigation check is the incompleteness of its conduct. The conditions under which the pre-investigation check is considered incomplete are disclosed, as well as proposals are made aimed at improving the quality of verification measures at the stage of initiating a criminal case.

scholarly journals Problematic issues and practice of using string operations based on the rulings of the European Court of Human Rights (on the example of case law on corruption)

2020 ◽  
pp. 52-63
Author(s):  
Alla Leonidovna Kalinina
Keyword(s):  
Law Enforcement ◽  
Case Law ◽  
Legal Aid ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
European Court ◽  
Sting Operation ◽  
Definition Of

Usage of sting operation in law enforcement for documenting the facts of bribery and commercial bribery faces practical issues substantiated by imperfection of the current federal legislation on operational search activity. There is no legislatively secured definition of string operations along with regulation of the procedure for its conduct. The indicated gaps generate contradictory situations pertaining to the assessment of lawful actions of law enforcement agencies during string operationss. The departmental procedure for conducting operational search activity is insufficient for verification and assessment of performance of operational units by investigators, prosecutors, judges, and lawyers. Work on further amendments to the Federal Law “On Operational Search Activity” is relevant and reasonable. Currently, case law on this issue is quite ambiguous due to such formulations as the defense failed to prove the instance of provocation, and that there were no substantial violations or misuse in during conduct of operational search activity. For ensuring legal guarantees for persons against whom is conducted the string operations, it is essential to address the question of availability and quality of professional legal aid during the conduct of operational search activity, due to the fact that all evidence obtained by the operatives in the absence of lawyer and strictly regulated procedures of the conduct of operational search activity, often become key evidence in a case, which are hard to argue in court.

scholarly journals Study of the legal category "official" as a factor in improving the quality of law in the field of operational investigation.

2019 ◽  
Vol 2019 (3) ◽  
pp. 152-157
Author(s):  
Андрей Куртяк ◽  
Andrey Kurtyak
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Sociological Research ◽  
Search Activity ◽  
Legal Norms ◽  
Survey Results ◽  
Internal Affairs

The scientific article presents the results of sociological research, the purpose of which is to identify the legal status of an official carrying out operational investigative activities in the internal Affairs bodies. The empirical base of the study was the results of the survey on specially designed questionnaires of 307 respondents, including employees of operational units (156 people) and employees of structural units (94 people) authorized to carry out operational investigative activities, cadets of the 5th course of specialization of the St. Petersburg University of the Ministry of internal Affairs of Russia, trained in the direction of training «40.02.02-law Enforcement (Profile: Operational investigative activities of the Internal Affairs bodies)» (57 people), as well as analytical reports, reviews, materials operatively-search activity, 2018. The obtained information is processed using the methods of sociology, theory of state and law and other branches of law. Objective information is classified and divided into six conditional factors based on the methodology developed by the author. In the course of quantitative and qualitative analysis of empirical material (survey results and interviewing of practitioners), graphs, tables, charts were compiled. The study is aimed at determining the legal status of a single entity as an official, identifying the features of the formation of the conceptual apparatus of the official, his functions, powers and legal responsibility, as well as to substantiate the relevance of the criteria for law enforcement in the field of operational and investigative activities, the Specification of the legal category «official» contributes to the development of recommendations for law-making bodies in order to improve the quality of legal norms of law in the field of operational and investigative activities of internal Affairs bodies.

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