scholarly journals enforcement reform in Ukraine – a one-time phenomenon or a constant process?

2020 ◽  
Vol 5 (5) ◽  
pp. 92-96
Author(s):  
Oleksiy Bochkovyi ◽  
Liusia Mozhechuk
Keyword(s):  
Law Enforcement ◽  
Pension Reform ◽  
Law Enforcement Officers ◽  
Case Law ◽  
Scientific Article ◽  
Law Enforcement Agencies ◽  
The Right ◽  
Key Aspects ◽  
National Police

The scientific article examines the effectiveness and prospects of reforming law enforcement agencies of Ukraine. Issues that arose during the implementation of such a reform, which in turn affected the effectiveness of law enforcement in Ukraine, were highlighted. The issue of introduction of the project «Police detectives» is investigated. The meaning of the concept «police detectives» is revealed, the peculiarities of their work and results are given. Emphasis is placed on the need to make appropriate changes to existing regulations in connection with the reform, as most provisions aren’t consistent with each other or don’t fully regulate certain legal relations. Emphasis is placed on pension reform in Ukraine, highlighting key aspects of such reform. Par-ticular attention was paid, in particular, to the issue of pensions for employees of the National Police in the context of the reform, analyzed the regulations governing legal relations in this area. The problematic aspects of the exercise of the right to a pension by former law enforcement officers, in particular the pay-ment of pensions under the new recalculations, are highlighted. Specific examples from case law on the violation of the right to adequate pension provision are given.

METHODOLOGICAL CONCEPTS OF ENSURING THE PUBLIC SECURITY AND ORDER DURING MASS EVENTS

2017 ◽  
Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  
Keyword(s):  
Law Enforcement ◽  
Public Safety ◽  
Scientific Article ◽  
The European Union ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Relevant Field ◽  
National Police ◽  
Mass Events

The conceptual aspects of ensuring the public safety and order during mass events in accordance with the implemented methodology of the National Police of Ukraine in the field of the realization of citizens’ rights to peaceful assembly have been analyzed in this article. The peculiarities of the organization of the activity of the police bodies and subunits within the limits of the joint performance of tasks concerning the maintenance of law and order have been defined. The main ways and methods of using police forces and means while preventing and stopping the offenses during peaceful assemblies have been analyzed for compliance with the national legislation. The authors have also compared some tactical methods used by the law enforcement agencies of Ukraine and those that are adopted from the European practice of policing and, accordingly, specified in the departmental regulations governing the relevant field of the professional duties. The statements, suggested in this scientific article, are based on the results of the interviews with the leadership of the National Police bodies and subunits that directly implement the tasks of the ensuring public safety and order during mass events and have been trained by the European Union Advisory Mission in Ukraine aiming to form a new model of securing the public order [1].

REGARDING THE REGULATORY REGULATION OF TERMS AND PROCEDURE FOR ADMINISTRATIVE DETENTION OF OFFENSERS FOR DOMESTIC VIOLENCE

2021 ◽  
Vol 2 (2) ◽  
pp. 161-167
Author(s):  
Andrіy Shulha ◽  
◽  
Olha Peresada ◽  
Tetyana Khailova ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Physical Nature ◽  
Law Enforcement Officers ◽  
The One ◽  
Administrative Proceedings ◽  
The Right ◽  
National Police ◽  
Current Code ◽  
Administrative Detention

The article deals with the issue of normative regulation of the terms and procedure of administrative detention of offenders committed domestic violence in order to justify increasing the detention period for domestic brawlers for more than three hours. It is proposed to supplement Article 263 of the Code of Ukraine on Administrative Offenses with the fourth part of the following content: “Persons who have committed domestic violence, i.e. the intentional commission of any act of a physical nature (use of violence that did not cause bodily harm; threats; insults or persecution; deprivation of housing, food, clothing, other property or funds that belongs to the victim, who has the right on it guaranteed by law, et.) must be detained for up to 72 hours for referral to trial if the physical or mental health of the victim was damaged or could be damaged. This applies to cases if the urgent injunction was not executed by the person in respect of whom the order was issued or if person did not notify the authorized units of the National Police of Ukraine of the place of his/her temporary stay”. It was proposed to detain domestic rowdies after administrative detention in special rooms for arrestees. The proposal of legal scholars and law enforcement officers regarding the possibility of administrative proceedings without the obligatory presence of a person who was brought to administrative responsibility for committing domestic violence has been also supported. This provision of the current Code of Ukraine on Administrative Offenses already in its content has certain precedents for increasing the term of compulsory detention of a detained person for committing certain administrative offenses. Thus, there is a certain procedural precedent, which makes it possible to increase the terms of administrative detention for other administrative offenses, which in their content have more significant harmful consequences for society, such as Article 10 of this Code. Thus, among the administrative offenses, such as those listed in paragraph 1 of part 2 of Article 262 of the Code of Administrative Offenses of Ukraine, for which administrative detention is provided for no more than three hours, domestic violence is the one that, on our opinion, has the most serious harmful consequences for society.

scholarly journals Legal regulation and grounds for theuse of coercive measures by law enforcement bodies of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 98-105
Author(s):  
Denys Sfvchuk
Keyword(s):  
Law Enforcement ◽  
National Guard ◽  
Law Enforcement Officers ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Basis ◽  
Coercive Measures ◽  
Two Factors ◽  
The Right ◽  
National Police

The issue of regulatory and legal support for the use of coercion by authorized entities, as well as the grounds for the application of coercive measures by such bodies have been studied. According to the results of the study, it is concluded that the legal regulation of law enforcement agencies to apply coercive measures is carried out by a certain system of legislation, consisting of a large number of regulations that differ from each other in many ways and is a hierarchical system based primarily on the Constitution of Ukraine. At the same time, the legal grounds for the use of coercion by law enforcement officers are enshrined in the hypotheses of the norms of only certain regulations - the Laws of Ukraine "On the National Police", "On the National Guard", "On Pre-trial Detention", "On the Military Law Enforcement Service in Armed Forces of Ukraine ”as well as the Criminal Executive Code of Ukraine. The rest of the laws, although giving law enforcement officers the right to apply force, contain blanket rules that refer to the above three regulations to clarify the legal basis for their application, mainly to the Law on the National Police. It is also determined that the limits of harm caused by a law enforcement officer during the appli-cation of coercive measures must be commensurate with two factors: first, with the potential for danger to law enforcement interests (legal basis), and secondly, with the situation in which turned out to be the subject of coercion during the elimination of the specified non-security (factual basis). These two factors, combined, are nothing more than a complex basis of harm to the offender. And the actions of law enforcement officers will only be morally justified and permitted by law if the damage they caused is commensurate with both factors of the cause that caused it, ie the reason for the damage. The article expresses the opinion that the researched issues reflect the opposition of public and private interest, which is solved using the universal principle of proportionality. It is in this way that the legal regulation is carried out, where the legislator approaches the infliction of harm as a result of the use of force in a differentiated manner.

scholarly journals Competences and Authority of the Corps of the Operative-Flash Action

2020 ◽  
Vol 9 (29) ◽  
pp. 156-162
Author(s):  
Volodymyr Hryhorovych Hrytsenko ◽  
Olesia Yanivna Tragniuk ◽  
Volodymyr Mykolaiovych Vasyliev ◽  
Lesia Ihorivna Myskiv
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Public Security ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Special Unit ◽  
The Right ◽  
High Level ◽  
National Police ◽  
Comprehensive Study

The purpose of the article is a comprehensive study of the competences and authority of the Corps of the Operative-Flash Action (KORD), as a special body implementing public security and order. The authors used the following methods of scientific knowledge when writing the article: formal logical; comparative analysis; systemic structural; formal legal; logical and normative. A comprehensive study of the competence and powers of KORD has been conducted in the article. It has been determined that the authority of this unit of the National Police of Ukraine are represented by a set of rights and obligations, and the competence includes its powers. The competence of this unit includes both rights and obligations fixed at the legislative level, and professional knowledge that a policeman must have at a high level and correctly apply it in his official activities. It has been argued that the KORD is provided with competence in order to consolidate the scope of the rights and powers of a police officer, which allows regulating the prohibition of going beyond its borders at the legislative level. The analysis of the existing regulatory framework and existing studies related to the competence of law enforcement agencies has been conducted. Three groups of rights of the KORD have been distinguished: 1) rights that directly contribute to the performance of official duties; 2) rights that have an indirect effect on the performance of the special unit employees’ duties; 3) the right to exercise constitutional rights and freedoms.

scholarly journals Deviant behavior of employees of internal affairs bodies: experience of dialectical assessment

2021 ◽  
Vol 2021 (1) ◽  
pp. 151-163
Author(s):  
Sergey Milyukov ◽  
Andrey Nikulenko
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Deviant Behavior ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Point Of View ◽  
Practical Implementation ◽  
Law Enforcement Agencies ◽  
The Right

In modern Russia, the problem of countering socially dangerous manifestations acts as a national project that proclaims the right of citizens to safe living conditions. Much attention is paid to the ability of law enforcement officers to resist criminal expansion legally, to be able to protect themselves and others by means of legal use of force against persons who commit socially dangerous encroachments. Guided by the concept of deviance, the authors made an attempt to analyze the problem of lawful behavior by law enforcement officers, primarily police officers. The researchers came to a reasonable conclusion about the need to adjust the current state of affairs. The legislation and the practice of its application cannot satisfy the interests of representatives of law enforcement agencies engaged in official activities for the protection of public order and ensuring of public safety. Imperfect legislation is the main reason of deviant behavior of police officers who are in permanent stress situations. Their abundance also provokes deviant behavior of police officers, which sometimes manifests itself in extreme brutality towards lawbreakers. From our point of view, the current norms of the Criminal Code of the Russian Federation, primarily the norms of Chapter 8, are not clear enough. Moreover, their legislative wording is far from being perfect and gives the opportunity to shift the blame for causing harm to persons who do it in circumstances that exclude the criminality of the act. The proposed careful adjustment of the norms of criminal legislation will significantly increase the effectiveness of their practical implementation, instill confidence in the consciousness of police officers about the importance and possibility of offensive legitimate steps to influence crime, as well as to increase their legal protection.

scholarly journals MODERN TECHNOLOGIES FOR TRAINING AND ADVANCED TRAINING OF POLICE OFFICERS

2021 ◽  
Vol 1 (1) ◽  
pp. 182-188
Author(s):  
Iryna Lopatynska ◽  
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Professional Activity ◽  
Professional Experience ◽  
Advanced Training ◽  
Law Enforcement Agencies ◽  
National Police ◽  
Modern Technologies

The article is devoted to the study of high effectiveness of active forms, methods and technologies of training police officers during educational process. The system of training police officers combines psychological, theoretical and practical aspects It is noted the important tool for the professional activity of law enforcement officers of Ukraine is the study of advanced professional experience of law enforcement agencies in Europe. As the employee of the National Police is focused on effective solving the tasks facing him, but constant psychological support and awareness of the possibility of professional development.

scholarly journals KAJIAN HUKUM KEWENANGAN PENYELIDIKAN ANTARA KEPOLISIAN, KPK DALAM PEMBERANTASAN PIDANA KORUPSI DARI KELEMBAGAAN NEGARA

2020 ◽  
Vol 17 (1) ◽  
Author(s):  
Sumiaty Adelina Hutabarat
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
National Police ◽  
The Relationship

<p>There are two law enforcement agencies combating corruption, namely the Corruption Eradication Commission (KPK) and the Police, having the same authority, but in implementing authority there are differences, for example in the application of laws that govern the two institutions.The problem that becomes the study of this research is how the problem of the existence of the KPK as an institution to eradicate corruption has the authority regulated in RI Law No. 30 of 2002 concerning the Corruption Eradication Commission, whose authority lies with the Police regulated in RI Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia which refers to the Criminal Code The results of the study showed that the resolution of the dispute between the Police and the Corruption Eradication Commission in the investigation of corruption was carried out by coordinating the Corruption Eradication Commission and the Police in Corruption Criminal Investigations. Law number 30 of 2002 concerning the Corruption Eradication Commission regulates the relationship between the performance of the KPK and the Police regarding investigations, investigations and prosecutions.Settlement of authority disputes between the Police and the KPK should be the authority of the Supreme Court, due to judicial review under the Supreme Court Law. The right to test the law is the application of a balanced and balanced government. The Corruption Eradication Commission was formed by the Law 30/2002 whereas the Indonesian Police was formed by the 1945 Constitution, article 30 paragraph 4.</p><p><strong>Keywords : <em>Authority, investigation, KPK</em></strong></p><p><strong> </strong></p>

scholarly journals PHILOSOPHICAL AND LEGAL FORMATION OF DEONTOLOGICAL PRINCIPLES OF LAW ENFORCEMENT: A RETOSPECTIVE OF THE IDEAS OF JEREMY BENTHAM

2021 ◽  
Vol 12 (2) ◽  
pp. 39-44
Author(s):  
Оlena Savayda ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Main Idea ◽  
Law Enforcement Officers ◽  
Moral Dimension ◽  
Law Enforcement Agencies ◽  
Social Mission ◽  
Professional Activities ◽  
The Right

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).

Criteria for distinguishing vandalism from a minor act

2021 ◽  
pp. 486-499
Author(s):  
Yuri D. Nalimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Points Of View ◽  
The Right ◽  
A Minor ◽  
Dialectical Analysis

When qualifying vandalism, law enforcement officers often experience difficulties in distinguishing a criminal act from a minor one, which formally contains signs of a crime, but does not pose a public danger. Due to the evaluation of the signs of both vandalism and the insignificance of the act, there is a high probability of qualification errors in which insignificant acts are recognized as criminal, or on the contrary, the actions of persons who committed vandalism are recognized as unapproachable. To date, there is no single doctrinal opinion defining the criteria of insignificance, a similar situation is observed in judicial and investigative practice. For these reasons, the topic is relevant and requires a comprehensive analysis. The purpose of the study is to consider the points of view of researchers of interest to the science of criminal law and law enforcement officers. The tasks are to establish rules for the qualification of criminal and insignificant vandalism, which contribute to the adoption of the right decision by law enforcement subjects, to make scientifically based proposals for the application of Article 14, Part 2 of the Criminal Code of the Russian Federation, in relation to acts that formally fall under the signs of a crime under Article 214 of the Criminal Code of the Russian Federation. During the research, the following methods are used: dialectical, analysis, synthesis and sociological. As a result of the analysis, the most common mistakes made by the law enforcement officer are identified, the points of view of scientists on the qualification of vandalism are considered. Signs of insignificance were also investigated, taking into account practical and doctrinal positions. As conclusions, the signs of insignificance are proposed, which are subject to establishment by law enforcement agencies, in order to correctly qualify vandal actions.

scholarly journals ON THE CONSTRUCTION OF CRIMINAL CHARACTERISTICS OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 200-206
Author(s):  
О. А. Антонюк
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Internal Properties ◽  
The Individual ◽  
Effective Use

The relevance of the article is that the construction of any system depends on probable connections that will stably and logically reflect its internal properties. This statement can also take place in the construction of a forensic characterization of criminal offenses against public order. After all, it is the correlations that exist between the individual elements of the studied category that are the basis of its most effective use by law enforcement officers. At the same time, it is necessary to determine the content of the relevant components of the forensic characteristics of the investigated group of illegal acts. After all, there are a large number of works of criminologists in this regard. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the filling of forensic characteristics of criminal offenses against public order must meet the needs of law enforcement agencies. That is, to be optimal and informative enough to be able to use information about specific elements of the studied category to achieve the objectives of the investigation. Based on the study of scientific sources, analysis of materials of criminal proceedings and questionnaires of law enforcement officers, we outlined the filling of the forensic characteristics of offenses against public order with the following components: the method of committing a crime; the subject of criminal encroachment; the circumstances of the crime; trace picture; the identity of the offender; the victim's identity. It is determined that the separation of these elements in addition to all of the above is also determined by their necessary search direction: the selection of typical components formulates the real possibilities of individual investigative versions during the investigation and allows more efficient various procedural actions.

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