scholarly journals International cooperation in the investigation of crimes in the field of employment abroad

Author(s):  
Mykola Pavlyk

The article considers the issues of international cooperation in the investigation of crimes in the field of employment of Ukrainian citizens abroad. An analysis of the main international legal acts ratified by Ukraine on the regulation of the activities of authorized entities in the field of external labor migration. It is emphasized that external labor migration is directly related to aspects of interstate cooperation, as the vast majority of permits for employment of citizens abroad are issued through the relevant foreign diplomatic missions. The legal aspects of the interaction of authorized bodies in the course of international cooperation are studied, attention is paid to certain features of the formation of such requests and the formulation of questions in them. And crimes committed in the employment of Ukrainian citizens abroad often have group characteristics of criminal activity, even transnational in nature and are mostly related to human trafficking and their successful investigation is impossible without proper cooperation and international cooperation of relevant law enforcement agencies. The author has concluded that today in Ukraine there are no theoretical and scientifically substantiated and practically tested methodological developments on the methodology of investigation of crimes committed on employment abroad. It is possible to improve the effectiveness of the investigation of crimes committed in the field of employment abroad, to more successfully counter these phenomena and to protect the citizens of Ukraine from criminal encroachments on external labor migration in the field of employment abroad, provided participants in the provision of such international assistance and authorized entities for the effective implementation of international cooperation, taking into account the specifics of these crimes.

2021 ◽  
Vol 6 ◽  
Author(s):  
David Gilbert ◽  
Georgina Heydon

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.


2019 ◽  
Vol 86 (3) ◽  
pp. 69-79
Author(s):  
В. М. Давидюк

The legislative regulation of using confidants in Ukraine, as well as the moral aspects of confidential cooperation between individuals and law enforcement agencies have been analyzed. Some reasons that contributed to the regulation of confidential cooperation at the legislative level have been revealed in the historical retrospective; the correlation of the terms of “assistance” and “cooperation” used in the operative and search legislation has been demonstrated. It has been substantiated that in the course of studying the activities of special forces of operative and search activity it is advisable to use a narrower term of “cooperation”, which reflects the specifics of the activity of such forces. The norms of not secret normative legal acts have been outlined, which enshrined the conceptual bases of work with confidants. The emphasis has been made on the need to regulate not only the rights of the confidants, but also their obligations. A comparative analysis of the society’s attitude to confidential cooperation in different countries has been conducted. The moral and ethical grounds for involving persons into confidential cooperation have been studied. The author has outlined the essential role of the ideological component in the work of the state apparatus, which influences the attitude of society to confidential cooperation. The interdependence of moral and legal aspects of confidential cooperation has been proved. It has been established that the involvement of persons, from a moral point of view, into confidential cooperation is determined by: the voluntary nature of such involvement; public duty; perception of appropriate cooperation as the assistance to the community for its proper functioning; compulsory use of confidants for the prevention and detection of latent crimes; counteracting aggressive protection of criminal interests; guaranteeing the public interests by saving the costs for law enforcement function, since the use of confidants is more financially effective than attracting additional law enforcement forces and means.


2021 ◽  
Vol 108 ◽  
pp. 03017
Author(s):  
Alexander Ivanovich Melikhov ◽  
Gennady Svyatoslavovich Pratsko ◽  
Victoria Aleksandrovna Chistova ◽  
Olga Dmitrievna Tyutyunik ◽  
Olga Aleksandrovna Nenakhova

The transition to the postmodern stage of development of Russian society, by the subsequent change of the system of civilizational values, required the scientific development of a new attitude to security as a basic human need with regard to changing the nature of traditional threats and interests and the emergence of completely new ones. The process of globalization being developed in the information age weakens traditional state institutions and requires a new look at national security not only as a category of foreign policy and military matters but also as an internal problem solved through operational and intelligence activities. The purpose of the study was to identify the current problems in the theory of national security by means of an analysis of scientific studies of the phenomenon of security in Russia; to consider security as a function and feature of the social system; to consider the Operational and intelligence activities of the law enforcement agencies as a mean for ensuring national security; to identify the conditions and factors of operational and intelligence activities that negatively affect the effectiveness of ensuring national security. In the course of the research, using computer indexing, about 1300 scientific, educational and methodological sources on national security and internal affairs issues have been processed and analyzed in the semantic, philosophical and legal aspects. The study examines modern theoretical and practical problems of ensuring national security as part of operational and intelligence activities of the law enforcement agencies. Operational and intelligence activities is considered in the national security system as a means of its information support, as well as as a tool for combating criminal, military and other threats. For the first time, considered are the conditions and factors of the operational and intelligence activities that negatively affect the effectiveness of ensuring national security.


Author(s):  
Nataliya Obushenko

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.


2021 ◽  
Vol 109 ◽  
pp. 01013
Author(s):  
Pavel Fantrov ◽  
Vladimir Shinkaruk ◽  
Wilhelm Guhl ◽  
Natalya Solovyeva

The fight against the manifestation of extremism among young people is an urgent problem that goes beyond law enforcement and requires a comprehensive socio-political solution. At the same time, preventive measures and technologies for the prevention of this negative phenomenon of public life play a significant role in countering extremism. The effective implementation of crowdsourcing network technologies unites national security entities for a coordinated solution of an urgent problem and helps to level the extremist threat. Their effectiveness should be measured based on the number of identified facts of an extremist orientation, and also the quality of leveling the negative consequences caused by extremist activity. To achieve the goal and objectives of the study, a system of scientific methods based on the systemic principle, the institutional approach, and the sociological method was used. All these methods made it possible to identify the importance of network crowdsourcing technologies for the prevention of extremism among the youth in the context of interaction between the state and citizens. When determining the effectiveness of crowdsourcing network technologies, the study evaluated the projects “Cibersquad”, “MediaGuard” and “STOPTERROR”, which participated in the prevention of extremism among young people. Largely due to their promotion, the level of extremist crime in 2019-2020 was reduced (compared to 2018). The article substantiates the effectiveness of crowdsourcing network technologies and concludes that their widespread adoption can “socialize” the system of preventing extremism among the youth, provided that not only government agencies, but also constructively-minded citizens’ associations are its most important actors.


Legal Concept ◽  
2021 ◽  
pp. 26-32
Author(s):  
Ekaterina Azarova ◽  
Vyacheslav Vnukov

Introduction: in modern Russian society, the fight against crime requires the legislative regulation. Crime is a multifaceted phenomenon that is becoming more complex in parallel with the development of society. Its growth makes it necessary to research the fundamentals of the theory and practice of coordinating the activities of the law enforcement agencies in the fight against crime. The important factors from the point of view of the state of coordination activities are their proper organizational support, the development of the right strategies and tactics when performing the necessary actions, as well as their effective use by the law enforcement agencies to curb criminal activity. The authors of the paper set the goal of the study, which is to analyze the coordination activities of the law enforcement agencies in the fight against crime. Methods: the methodological framework for the research is the dialectical-materialistic method of cognition, which includes the elements of system analysis, and the specific scientific methods, such as the logical and legal one. Results: based on the legal analysis, the content of coordination activities as the effective coordinated actions in the fight against crime is revealed. Conclusions: it is revealed that there is a need to adopt a special law aimed at improving the status of prosecutors in the framework of these coordination activities.


2018 ◽  
Vol 14 (2) ◽  
pp. 493-511
Author(s):  
Laura Pajón ◽  
Dave Walsh

Abstract Human Trafficking (HT) is considered as one of the most complex crimes to investigate. However, to date, little research has been conducted concerning what occurs during criminal investigations of HT. The present study, through interviewing 21 highly experienced and senior professionals from law enforcement agencies and governmental bodies in the UK, conceptualizes HT investigations under a common framework that underpins a model for the investigation of these crimes. Data from these narratives reveals that a total number of 22 investigative actions are commonly taken throughout the investigative process, following an apparent sequential route. While participants disagreed as to when/how to initiate and conclude an investigation, absolute agreement existed when considering multi-agency collaboration, tactical advice and support, and intelligence sharing (as core elements in HT criminal investigations). Such data enables both academic and practitioner communities to better identify what are effective investigation actions when these crimes are investigated.


Author(s):  
S. V. Matveev ◽  
S. M. Kolotova

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 


Author(s):  
Oleg Kurdes

The system of forensic expert training in Ukraine has been considered in detail. Particular attention is devoted to the need to bring the training of state forensic experts and forensic experts who are not employees of state forensic science institution to uniform administrative and legal standards, as well as to existence of outdated norms on training forensic experts, and gaps in legislation that leads to insufficient meeting of the needs of law enforcement agencies and court in objective and high-quality forensic expert conclusions. Analysis of administrative legislation of Ukraine in terms of forensic expert training has allowed to formulate proposals to improve the activity. The focus is the need for further administrative and legal settlement of the issue of international cooperation of state specialised forensic science institution in terms of exchange of trainees with forensic science institutions of other states.


2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.


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