scholarly journals Regulatory support and legal grounds for the coercion by the law enforcement agencies of Ukraine

2021 ◽  
Vol 2 (2) ◽  
pp. 84-91
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Framework ◽  
Diplomatic Relations ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
Special Means ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Legal Grounds

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws

scholarly journals CONCEPT AND SYSTEM OF IMPACT MUNITIONS USED IN LAW ENFORCEMENT

2021 ◽  
Vol 3 ◽  
pp. 89-101
Author(s):  
I. Haraberiush
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Officers ◽  
Protective Equipment ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Special Means ◽  
Definition Of ◽  
Technical Features ◽  
Enforcement Activity

This article examines importance of impact munition based on new conceptual ideas related to humanization of forms and methods of law enforcement. It is emphasized that in implementation of public safety and the order of law enforcement agencies should meet requirements of the rule of law whereby human, his rights and freedoms are recognized as the highest values and determine the content and direction of the state and its legal institutions. It is emphasized that use of specific means contributes to implementation of this principle by creating opportunities to avoid injuries and casualties by law enforcement officers, ordinary citizens and among offenders directly. It is noted that specific means should be considered as protection means and separated from non-lethal weapons. Definition of specific protection means is given. The system of specialized protective equipment is considered because of a conceptual position: specialized protective equipment of law enforcement agencies is a basic concept and consists of subsystems that have their own structure. Place of specialized protective equipment in the system of specialized machinery of law enforcement agencies is determined. System of specialized protective equipment of and branches of these means are structured considering purpose of special means and tactical and technical features of their application in law enforcement activity.

EXPERIENCE OF FOREIGN COUNTRIES IN THE FIELD OF ORGANIZING ACTIVITIES FOR THE PROTECTION OF PUBLIC ORDER WITH SERVICE DOGS

2021 ◽  
pp. 76-78
Author(s):  
С.А. Лукашев
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Public Order ◽  
Service Dogs ◽  
Law Enforcement Agencies ◽  
Foreign Countries ◽  
Special Means

В статье рассматривается такой вид специальных средств, как служебные собаки, которые используются сотрудниками правоохранительных органов зарубежных стран при охране общественного порядка. This article addresses the type of special means such as service dogs, which are used by law enforcement officers of foreign countries in public order. There were analyzed cases of their use by various law enforcement agencies in consideration of this topic.

scholarly journals Genesis of legislation in the field of operational investigative activities in independent Ukraine

2020 ◽  
Vol 3 (3) ◽  
pp. 151-155
Author(s):  
Oleh Yemets ◽  
Olha Zlahoda ◽  
Yevhen Shapovalenko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Sufficient Information ◽  
Law Enforcement Agencies ◽  
Conceptual Problems ◽  
The Law ◽  
Western Law ◽  
Definition Of ◽  
Time Information ◽  
Subsequent Identification

The purpose of the article is to study the genesis of national legislation in the field of operational investigative activities in independent Ukraine, with the subsequent identification of conceptual problems, as well as the development and publication of proposals to address them taking into account the experience of post-Soviet countries. It is established that the process of formation and becoming of the legal basis for the work of operative subdivisions of authorized state bodies is not complete and it must be continued, as there are problems even with definition of conceptual bases of such activity, in particular related to the requirements of current legislation regarding its grounds. It is a question of whether the operative subdivisions should initiate operative-investigative cases and conduct operational investigative activities or send materials about preparations for a crime to the pre-trial investigation body, except for minor gravity, that is, about crimes being prepared, as well as persons preparing crimes. To solve the problem, we propose to discuss amendments to article 6 of the Law of Ukraine «On operational investigative activities», which would exclude from the list of grounds for conducting for operational investigative activities such as the availability of sufficient information obtained in accordance with the law, requiring verification by means of operational investigative measures, about crimes being prepared, as well as persons preparing crimes. At the same time, information about crimes being prepared, as well as persons who are preparing crimes, should be immediately entered into the Unified Register of Pre-trial Investigations, except for minor ones, and preparation for a crime should be investigated immediately by an investigator. This model is more consistent with the work of Western law enforcement agencies, but, as the study showed, is not typical of post-Soviet countries. These proposals, as well as alternative ones, on the harmonization of operational investigative and Criminal procedure legislation require professional discussion, but changes in one form or another are inevitable. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the conduct of operational investigative activities and crime investigations.

scholarly journals Use of coercion by Ukrainian law enforcement authorities: certain aspects.

2021 ◽  
Vol 3 (3) ◽  
pp. 94-101
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Sufficient Conditions ◽  
Labor Law ◽  
Law Enforcement Officers ◽  
Legal Basis ◽  
Objective Reality ◽  
Coercive Measures ◽  
Process Event ◽  
Necessary And Sufficient ◽  
Legal Grounds

The need for scientific research of the grounds for the use of coercion by law enforcement authorities, and especially its component such as physical coercion, is extremely important, as it is possible only if there are sufficient conditions provided by law. The author analyzes the legal and factual grounds for the use of coercion by law enforcement authorities in the field of causal interdependence and interdependence. Police coercive measures, measures to maintain the regime in places of imprisonment and pre-trial detention are revealed. They are applied only in cases when all other forms of pre-trial detention of offenders have been used and have not ensured the fulfillment of duties imposed on law enforcement officers. Emphasis is placed on the fact that each specific case of the use of coercion must have a comprehensive basis (legal and factual). The first component of this set is a dangerous encroachment (act, process, event of objective reality) that threatens harm, or that already harms law enforcement interests (legal basis). The second component is the situation that indicates the impossibility of eliminating, preventing or stopping the specified encroachment in other ways and indicates the need (compulsion) and justification for the use of coercion (factual basis). The author pays special attention to the analysis of Ukrainian legislation in order to study the legal grounds for the use of coercive measures by various law enforcement authorities. These legal relations are regulated by the norms of administrative, criminal procedure and correctional labor law. They clearly outline the desire of the legislator to limit the infliction of harm only to the minimum that is really necessary and sufficient to achieve the socially useful goals provided by law. Causing damage that exceeds this minimum is considered illegal.

scholarly journals THE CONCEPT AND STRUCTURE OF THE IMPLEMENTATION OF PROSECUTOR's SUPERVISION OVER THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES

2021 ◽  
Vol 31 (4) ◽  
pp. 681-689
Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Implementation Process ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Individual ◽  
Supervisory Relations

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.

FEATURES OF THE IMPLEMENTATION AND DIRECTIONS OF DEVELOPMENT OF THE SYSTEM OF PATRIOTIC EDUCATION BY MEANS OF MILITARY AND PATRONAGE WORK

2021 ◽  
Vol 55 (3) ◽  
pp. 99-105
Author(s):  
V.S. Petrov ◽  
Keyword(s):  
Law Enforcement ◽  
Military Service ◽  
Legal Framework ◽  
Technical Training ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Patriotic Education ◽  
The Russian Federation ◽  
Definition Of ◽  
Key Aspects

The article is devoted to the problem of the implementation of patriotic education system in the Russian Federation and the main directions of its development. The author gives a definition of military and patronage work and draws readers' attention to the fact that it serves as the most effective tool in conducting patriotic activities. The article presents the main directions of military and patronage work and reveals the key aspects of their content. The article highlights promising trends in the development of the system of patriotic education aimed at improving the regulatory and legal framework of military and patronage work, the optimization of public authorities in this direction, strengthening the connection between civil institutions and law enforcement agencies. The article also considers the problematic issues encountered in the implementation of the system of patriotic education. The most acute of them are: the weak level of preparation of young people for military service due to the general deterioration of health and growth of pernicious habits; difficulties associated with the involvement of reserve servicemen in the organization and conduct of military-patriotic events; poor financing and insufficient normative provision of military-sponsorship work. However, the author points out the possibility of eliminating the above-mentioned problems in case of focusing efforts on the development of military-technical training of pre-conscription youth as well as active work on the popularization and propaganda of the glorious military traditions and heroic deeds of the older generations. Thus, the implementation of the key provisions of the system of patriotic education will ensure the increase of spirituality and patriotism level, reduce the number of negative social manifestations and allow us to strengthen the national security of the country as a whole. The article serves to deepen theoretical ideas about military and patronage work and its role in the system of patriotic upbringing, it is a reflection of practice and pedagogical experience of the author.

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

2020 ◽  
Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
75Th Anniversary ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Soviet People ◽  
Great Patriotic War ◽  
Principle Of Legality

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.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

THE USE OF VIRTUAL REALITY TECHNOLOGY IN THE TRAINING OF LAW ENFORCEMENT OFFICERS

2021 ◽  
pp. 101-105
Author(s):  
Сергей Александрович Грязнов
Keyword(s):  
Professional Development ◽  
Virtual Reality ◽  
Law Enforcement ◽  
21St Century ◽  
Law Enforcement Officers ◽  
Law Enforcement Agencies ◽  
Virtual Reality Technology ◽  
Traditional Training ◽  
The Future

Несколько лет назад об идее обучения сотрудников правоохранительных органов посредством виртуальной реальности (VR) не могло быть и речи, прежде всего, из-за высокой стоимости данной технологии. Сегодня виртуальная реальность стала технически зрелой, затраты снизились, а технологии широко распространились по многим профессиям. Можно уверенно сказать, что правоохранительным органам нужны лидеры, обладающие навыками и компетенциями XXI в., выходящими за рамки традиционного обучения. Целью данной статьи является рассмотрение (на зарубежном примере) важности применения технологии виртуальной реальности для обучения сотрудников правоохранительных органов. Автором сделан вывод о том, что использование виртуальной реальности в обучении - это наиболее эффективный способ передачи информации. Данные технологии обучения можно использовать для безопасного повышения квалификации, чтобы в будущем избежать реальных рисков. A few years ago, the idea of training law enforcement officers through virtual reality (VR) was out of the question, primarily because of the high cost of this technology. Today, virtual reality has become technically mature, costs have decreased, and technology has spread widely across many professions. We can confidently say that law enforcement agencies need leaders with skills and competencies of the 21st-century that go beyond traditional training. The purpose of this article is to consider (on a foreign example) the importance of using virtual reality technology for training law enforcement officers. The author concluded that the use of virtual reality in training is the most effective way of transmitting information. These training technologies can be used for safe professional development in order to avoid real risks in the future.

scholarly journals Current problems of outlining the list of law enforcement agencies of Ukraine: theoretical and legal principles and significance for law-enforcement practice (on the example of the State Emergency Service of Ukraine)

2020 ◽  
Vol 3 (3) ◽  
pp. 83-89
Author(s):  
Volodymyr Ivantsov
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Practical Implementation ◽  
Government Agencies ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
The Status ◽  
Basic Functions ◽  
Legal Position ◽  
State Body

It is emphasized that the current legislation uses the terms "law enforcement agency", "law enforcement officer", which is directly correlated with law enforcement activities, which in turn indicates the unconditional relevance of the current study. This article analyzes the current legislation in order to separate law enforcement agencies from other government agencies, in order to assign certain positions of government agencies to law enforcement officers. As a result, the imperfections of the definitions of Ukrainian legislation for unambiguous identification of both law enforcement activities and the list of law enforcement agencies have been established. Theoretical and legal bases for establishing the affiliation of a state body to the list of law enforcement agencies in terms of practical implementation of current regulations are obtained by assessing the status of the Civil Service of Ukraine for Emergencies, namely: the assignment of a body to law enforcement should be carried out separately , taking into account the legal position (status) of such body defined in normative legal acts; if the endowment of a certain entity with the status of a law enforcement body has not occurred normatively, it is necessary to proceed from the analysis of the purpose (tasks) and basic functions assigned to a particular body and, accordingly, the powers vested in such a body It has been proved that SES bodies do not belong to law enforcement bodies, as they belong to the unified state system of civil protection (SES bodies are not assigned law enforcement tasks and / or functions; they are not endowed with law enforcement powers), and their officials cannot be recognized as law enforcement officers. body. It is emphasized that the legal approach proposed by the author to establish the affiliation of a state body to the list of "law enforcement agencies" may be fully applicable to other subjects of power, which in the future will provide an opportunity to outline the comprehensive range of law enforcement agencies in Ukraine.

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