THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR

Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.

Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.


Author(s):  
V.A. Kaznazcheev ◽  

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.


Author(s):  
P Korchemniy ◽  
Viktoriya Vahnina ◽  
Valeriya Vasil'eva

The problem of psychological training of employees of law enforcement agencies remains relevant at the present time. The problem of professional training for extreme situations is of particular importance, as the choice of a methodological approach to the implementation of professional and psychological training of law enforcement officers. The most effective is the system-situational approach in combination with the model approach, which are based on the system approach. The authors consider the role of situational, system-situational, model approaches to the psychological training of law enforcement officers in extreme situations of professional activity. In the course of the theoretical analysis and empirical research, the conclusion is formulated about the significance and effectiveness of the system-situational approach, the use of which contributes to the formation of effective psychodiagnostic procedures. In the course of the study, the features of the psychological and managerial potential of employees of law enforcement agencies were identified. In modern conditions, a systematic approach is developing most intensively, which carries out a gradual study of the subject: from the general to the particular, taking into account the significance of the goal, its achievability. The article considers the system-situational approach as one of the most promising, especially in the aspect of empirical research of crisis and anti-crisis situations of operational and service activities. Within the framework of system-situational analysis, professionally significant activity is studied as a dynamic system.


Author(s):  
Victor Shestak ◽  
Vladimir Dubrovin ◽  
Zoya Ilyicheva

Pre-procedural or non-procedural activities for the investigation of economic crimes are the activities to investigate crimes committed in the sphere of economy that are carried out before the initiation of criminal proceedings. In Spain, it is entrusted to the following state bodies: the judicial police, the prosecutor's office, and administrative bodies. The choice of the pre-procedural model of investigating an economic crime in modern Spain is subject to a variety of factors, including the specifics of interpersonal relations that have developed between law enforcement officials. The distinctive features inherent in the Spanish pre-procedural activity in the investigation of economic crimes are its spontaneity and the lack of uniformity in the procedure for its conduct. In particular, there is no legal certainty as to who decides on the commencement of pre-procedural activities to investigate an economic crime, as well as orderliness in who is assigned the main responsibility in the direction of its progress. The non-procedural investigation of economic crimes in Spain is carried out in accordance with the models that were gradually introduced into practice through the generalization of the customs of professional activities of law enforcement agencies that are understandable only to the staff of the bodies considered in the article. In modern times in Spain, four non-procedural models of the investigation of economic crimes with different constituent composition have been formed. In this case, it is impossible not to note the role of the administrative bodies in the investigation of economic crimes. Some Spanish researchers refer it to a separate investigation model, since it has its own order and dynamics. At the same time, the models under consideration are increasingly moving away from the order of investigation established by law, which calls into question legal security and creates a threat to the principle of legality. Within the framework of the projects on the reform of criminal justice in Spain, it is proposed to assign the responsibility for investigating criminal cases, particularly for economic crimes, to the prosecutor and the judge responsible for ensuring procedural guarantees. However, the feasibility of this project, even in the opinion of the Spanish researchers themselves, is questionable. In this regard, the authors in this article consider not only the positive aspects of each non-procedural model for the investigation of economic crimes in Spain, but also their shortcomings.


Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-15
Author(s):  
Olha Ihorivna Bezpalova ◽  
Tatiana Anatoliivna Kobzieva ◽  
Volodymyr Valeriiovych Korniienko ◽  
Ivan Vasylovych Kritsak

Issues of police control and involvement are of great essence when aspects of administrative law are revealed. The issue here is that there is no way or instances where the legitimate protection of individual rights and freedom can be guaranteed without the presence of the police in ensuring that rights are protected through the respect of the rule of law. The only way this protection can be maintained is only through the operation or application of administrative law. When dealing with the concept of police law, emphasis is laid on the responsibilities this law enforcement agencies have when dealing with matters related to state security, protection of individual living in a given society, and to a certain extent, the entire public. There is no doubt that it is the role of the police to maintain peace and security within a given society, but the question we should be posing is whether their functions performed are done within the confines of respecting fundamental human rights, following the due process of the law being the fundamental and imperative basis or essence of administrative law. One thing is to ensure security, and the other one is to ensure that when enforcing this security, fundamental freedoms and rights of individuals will be respected by the supposed called law enforcement officers. It is therefore in this light that one can say, without any questioning, that under no circumstances should police law function without the intervention of administrative law, both most compliment each other, and activities of the police must be done in strict respect and compliance with that of administrative law. 


2021 ◽  
Vol 12 (2) ◽  
pp. 39-44
Author(s):  
Оlena Savayda ◽  

The article analyzes the historiography of the development of deontological knowledge and examines the main scientific works of the English philosopher and jurist Jeremiah Bentham, which are devoted to the problems of deontology. The main basic criteria set by a scientist for the professional component through the prism of moral requirements and various types of culture are considered, and attention is drawn in particular to the deontological foundations in law enforcement activities. We are talking about the need for law enforcement officers to realize the importance of their social mission as Guardians of law and freedom, who are obliged to risk their own lives in countering crime and offenses, and prevent violations of the rights and freedoms of citizens in their professional activities. This requirement of the deontological foundations of law enforcement has both a legal and moral dimension. Exploring and revealing the content of deontological foundations, attention is focused on the two main social regulators of social relations as morality and law. It is also noted that Ukraine, along with other European countries in its arsenal in the regulation of social relations has common values (meaning democratic, legal values), such as good (according to Je. Bentham), which is equated to natural and legal values. Therefore, in their professional activities and the regulation of public relations (especially conflicts), first of all, law enforcement agencies must adhere to such a specified value as good. The main theory of Je. Bentham – utilitarianism is also mentioned. The main idea of which is what needs to be done for the greatest happiness of the greatest number of people. And therefore, to denote the utilitarian system of ethics Je. Bentham introduces such a new concept as "deontology" – the doctrine of the right, proper (not only in life but also in professional activities).


Author(s):  
Александр Сергеевич Колмаков

В статье приводится авторский взгляд на формирование причин и условий совершения коррупционных правонарушений сотрудниками правоохранительных органов. Анализируется криминологическая характеристика личности лиц, совершивших преступления коррупционной направленности, рассматриваются особенности квалификации составов ст. 290, ч. 3 ст. 159 УК РФ. Выделяются особенности личности коррупционера, детерминанты, присущие работникам правоохранительных органов первых годов службы. Ключевым в настоящей работе видится анализ возможных коррупционных проявлений, сопутствующих профессиональной деятельности сотрудников правоохранительных органов. Автором выделяются основные проявления, предлагается их авторская классификация . Целью работы выступает анализ и выделение авторской позиции типологии личности преступника-коррупционера в правоохранительных органах. Методами исследования являются: сравнительно-правовой, формально-юридический, конкретно-социологический, анализ. Основные результаты, выводы исследовательской работы: обосновывается важность установления факторов, влияющих на формирование личности преступника-коррупционера, причины и условия, способствующие совершению коррупционных деяний на правоохранительной службе; определены основные направления и предложения по формированию научной составляющей криминологической характеристике личности преступника-коррупционера. Данная научная работа может внести вклад в развитие криминологических взглядов на типологию личности преступника-коррупционера для дальнейшего формирования профилактических мер совершения коррупционных правонарушений. The article provides the author's view on the formation of the reasons and conditions for committing corruption offenses committed by law enforcement officials. The criminological characteristics of the personality of persons who have committed corruption-related crimes are analyzed, the peculiarities of the qualifications of the compositions of Art. 290, part 3 of Art. 159 of the Criminal Code of the Russian Federation. The features of the personality of a corrupt official, the determinants inherent in law enforcement officers in the first years of service are highlighted. The key in this work is the analysis of possible corruption manifestations accompanying the professional activities of law enforcement officers. The author highlights the main manifestations, suggests their author's classification. The aim of the work is to analyze and highlight the author's position of the typology of the personality of a corrupt criminal in law enforcement agencies. The research methods are: comparative legal, formal legal, specific sociological analysis. The main results, conclusions of the research work: substantiates the importance of establishing the factors influencing the formation of the personality of a corrupt criminal, the reasons and conditions conducive to the commission of corruption acts in the law enforcement service; the main directions and proposals for the formation of the scientific component of the criminological characterization of the personality of a corrupt criminal are determined. This scientific work can contribute to the development of criminological views on the typology of the personality of a corrupt criminal for the further formation of preventive measures for committing corruption offenses.


2021 ◽  
Vol 6 (6) ◽  
pp. 316-325
Author(s):  
Y. A. Radchenko ◽  
◽  
O. V. Nikitenko ◽  

The purpose of the study was to substantiate the effectiveness of hand-to-hand combat as a service-applied sport in the process of physical training of law enforcement officers. Materials and methods. Theoretical analysis of scientific and methodical literature, generalization of scientific data of modern approaches to the organization of the process of special physical training of law enforcement officers, pedagogical observations and pedagogical experiment were used. To determine the operational composition of technical and tactical actions used by law enforcement officers in their professional activities and differences in martial arts on various grounds, an analysis of video materials of competitions among law enforcement agencies in hand-to-hand combat from the section "Demonstrations of applied equipment" of hand-to-hand combat in 2019-2020 was used. Results and discussion. The use of hand-to-hand combat - service-applied sport as an element of special physical training of law enforcement officers is substantiated. It is established that the distinguishing feature of hand-to-hand combat as a sport and part of special physical training of law enforcement officers is the presence of directions of work with weapons (stick, knife, pistol, machine gun), counteraction to several attackers and the use of an element of surprise (unexpected attack). The operational composition of the means used by law enforcement officers in their professional activities and athletes in different types of martial arts and the differences between the types of martial arts by different distinctions are determined. Conclusion. Hand-to-hand combat is a unique service-applied sport, which consists of sections "Demonstration of applied equipment" and "Duels". A distinctive feature of hand-to-hand combat as a sport and part of special physical training of law enforcement officers is the presence of areas of work with weapons (stick, knife, pistol, machine gun), resistance to several attackers and the use of an element of surprise (unexpected attack). The content of competitive activity in the section "Demonstration of applied equipment" of hand-to-hand combat fully corresponds to the specifics of solving operational and service tasks without the use and with the use of weapons by law enforcement officers. The operational composition of the means used by law enforcement officers in their professional activities and athletes in various martial arts (hand-to-hand combat, combat sambo, pankration) are identical, which in turn allows in the process of special physical training of law enforcement officers to conduct classes in these martial arts. According to the main features that distinguish different types of martial arts (clothing, allowed and prohibited by law ways to achieve advantage, the position in which to fight, the size and features of the site, the time allotted for technical and tactical actions) hand-to-hand combat is most suitable for special physical training, training of law enforcement officers. It is proved that hand-to-hand combat is the most suitable type of martial arts for special physical training of law enforcement officers


2020 ◽  
Vol 10 (2) ◽  
pp. 169-173
Author(s):  
VLADIMIR KSENOFONTOV ◽  

The article reveals the essence and specificity of culture as an important component of the spiritual factor of victory. Special attention is paid to the characteristics of fiction. The article substantiates the moral and aesthetic impact on the consciousness of defenders of the Motherland, such works of art as“They fought for the Motherland”,“Leningrad poem”,“Russian character”,“Invasion”, etc. The article describes the significant role of theatrical art, which reveals the moral values of the people and Soviet soldiers. This is reflected in such plays as: “the Front”; “the Guy from our city”; “Once upon a time”, etc. The article substantiates the important role of the spiritual influence of cinema on Soviet people. This influence was realized through artistic images of selfless service to the Motherland, loyalty to military duty. Among these films: “Two fighters”, “Wait for me”, “Front-line friends”. During the war, as the article emphasizes, an important component of the spiritual factor of victory was the musical art. Activities in this area of culture famous musicians:B. Astafiev, S. Prokofiev, D. Shostakovich, A. Alexandrov, V. Soloviev-Sedoy, and others, was implemented in operas, symphonies, cantatas and songs, which by their nature emotional expression differed Patriotic and epic strength. The purpose of the research : to reveal the axiological components, culture of the Russian world, as important components, spiritual factor during the great Patriotic war. Conclusions : the culture of the Russian world at various stages of the great Patriotic War, through a variety of means and forms, actively mobilized all Soviet people to defend the Motherland and defeat Nazi Germany. The spiritual culture of our country and its types, in the course of functioning, during the war, clearly and expressively revealed the idea of patriotism, courage, bravery and heroism, and encouraged the Soviet people, the soldiers of the red Army, to achieve a great Victory.


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