scholarly journals Some aspects of police use of extreme coercive measure – firearms

2021 ◽  
Vol 3 (3) ◽  
pp. 118-123
Author(s):  
Yuriy Velykyi
Keyword(s):  
Law Enforcement ◽  
Professional Training ◽  
Coercive Measure ◽  
Effective Mechanism ◽  
Coercive Measures ◽  
High Profile ◽  
Scientific Analysis ◽  
Periodic Testing ◽  
Legitimate Interests ◽  
National Police

Formation and development of the modern law enforcement system of Ukraine presupposes carrying out of the integral and consistent complex of the actions directed on construction of the effective mechanism of protection of the rights, freedoms and legitimate interests of citizens. Like any legal act, the Law of Ukraine “On the National Police” requires some time to fully implement its provisions in practice, to make additional changes to existing regulations. This Law introduced into scientific circulation the concept of «police measures», which are divided into preventive and coercive, defined the legal basis and restrictions on their use. Extreme among coercive measures to stop illegal actions is the use of firearms. It is the misuse of firearms by workers that leads to high-profile high-profile events in a society that negatively affects the trust of ordinary citizens in the police. In order to exercise the powers granted by law, a police officer must not only have an appropriate level of professional training, high responsibility, but also must undergo special training and subsequently undergo annual periodic testing for the ability to take action related to the application of these measures. In this regard, there is a need to conduct a scientific analysis, during which to reveal the grounds and procedure for the application of extreme coercive measures by the National Police, to identify gaps in legislation on these issues, the powers of the police during the application of this measure and responsibility for exceeding these powers.

scholarly journals Areas of improvement of training National police pre-trial investigators

2020 ◽  
Vol 1 (1) ◽  
pp. 158-163
Author(s):  
Oleksandr Kobzar ◽  
Valeriy Darahan
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Professional Training ◽  
Economic Security ◽  
State University ◽  
Law Enforcement Agencies ◽  
Internal Affairs ◽  
Amount Of Knowledge ◽  
National Police ◽  
Training Specialists

The article deals with defining directions for improving the training of specialists for pre-trial investigation bodies of the National Police. Every year, more demanding demands are placed on law enforcement activities of state bodies, in particular the National Police, which in turn requires an increase in the amount of knowledge required by police officers. Increasing the intellectual level of criminals, using offenders more sophisticated methods and means of committing offenses, careful training, masking criminal acts require adequate response of law enforcement agencies, which in turn requires appropriate training of Interior Ministry employees. An analysis of the publications which initiated the solution of this problem showed that today there is a lack of thorough research on the directions of improving the training of specialists for the bodies of pre-trial investigation of the National Police, which determines the relevance of the investigated problems. At present, within the structure of higher education institutions of the Ministry of Internal Affairs of Ukraine, the specialization of training police officers is focused only on the process of training police officers of criminal police (Dnipropetrovsk State University of Internal Affairs - financial and economic security; Odessa State University of Internal Affairs - units of counteraction etc.). In turn, the process of training specialists for pre-trial investigation bodies does not have such an extensive system of training areas. As a result of the conducted research, it is concluded that there is an urgent need to improve the training of specialists for pre-trial investigation bodies of the National Police. The main directions for improving the training of specialists for the pre-trial investigation bodies of the National Police should be: 1) increasing the requirements for the quality of legal education and professional training of future employees of investigative units; 2) introduction of training of experts for pre-trial investigation bodies according to the profiles assigned by the Ministry of Internal Affairs of Ukraine; 3) introduction of an effective model of conducting binary classes with the involvement of experienced staff of pre-trial investigation bodies in the process of training specialists for such bodies.

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.

THE PRINCIPLE OF COOPERATION WITH THE POPULATION ON THE BASIS OF PARTNERSHIP IN THE ACTIVITIES OF THE NATIONAL POLICE: GENESIS OF FORMATION AND DIRECTIONS OF IMPLEMENTATION

2021 ◽  
Vol 2 (2) ◽  
pp. 29-38
Author(s):  
Evgen Zozulya ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
State Building ◽  
Law Enforcement Agencies ◽  
Independent State ◽  
Mutual Cooperation ◽  
Common Strategy ◽  
Legitimate Interests ◽  
Internal Affairs ◽  
National Police

The article is devoted to the study of topical issues of essence and mechanisms for implementing the principle of interaction with the population on the basis of partnership in the activities of the National Police in the conditions of state-building of modern Ukraine. The genesis of the establishment, formation and development of law enforcement agencies interaction with the population and territorial communities in the field of law enforcement in the conditions of state-building in independent Ukraine has been traced. An analysis of the legal framework has been carried out, which has laid the foundations for the interaction between police and public in policing and combating crime in an independent state. Organizational and managerial measures of the leadership of the Ministry of Internal Affairs of Ukraine aimed at fortifications of those units that directly work with people are described. Based on the historical and legal comparative analysis of the effectiveness of the legal framework and organizational and managerial activities of the Ministry of Internal Affairs, a number of forms and methods of work are identified, the application of which would significantly strengthen the effectiveness of mutual cooperation between the police and citizens (society) in order to counter crime effectively, protect the rights, freedoms and legitimate interests of citizens at the present stage of the National Police of Ukraine. The possibilities of establishing effective cooperation with international partners of Ukraine on the introduction of effective mechanisms for implementing the principle of interaction with the population on the basis of partnership in the activities of the National Police of Ukraine are described. A conclusion was drawn of the need for further systematic activities in the formation of the common strategy and tactics at the level of State authorities and local self-government bodies, the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine, which would make it possible to effectively implement the principle of interaction with the population on the basis of partnership in the activities of the police. It is emphasized that modern mechanisms of implementation in the field of partnership between the police and the population should be built taking into account the forms and methods of this work that have proved their effectiveness during the functioning of the police of independent Ukraine.

scholarly journals Tactical training of law enforcement officers in the context of a new concept of the National Police of Ukraine

2020 ◽  
pp. 56-62
Author(s):  
Y.I. Davygora
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Professional Training ◽  
Police Training ◽  
Law Enforcement Officers ◽  
Normative Documents ◽  
Existing Problems ◽  
Psychological Behavior ◽  
Tactical Training ◽  
National Police

The analysis of the peculiarities of the official activity of the employees of the National Police of Ukraine and the normative documents that regulate the organization of tactical training in the system of primary professional training and professional training of police officers is carried out. It was stated that the performance of official duties by police officers is associated with constant contact with various segments of the population. There are many cases of encounters with aggressive people who are intoxicated, mentally unbalanced, etc. When confronted with government officials, citizens are often emotionally agitated and may not always respond adequately to law enforcement. In such situations, the tactical training of police officers is important, which is seen as the formation of special motor skills and abilities aimed at ensuring personal safety in the performance of official duties related to contact with the offender. A thorough study of the situations of practical activity of patrol police officers testifies to the existing problems in the tactical training of law enforcement officers. Erroneous actions of employees are partly explained by insufficient knowledge of external manifestations of threats from the offender, psychological behavior, low level of skills of effective communication with "problem people", the ability to control their own mental state in the performance of official duties related to communication with emotionally aroused individuals, the ability to control the situation and the actions of others without escalating conflict Such conditions increase the requirements for tactical training of personnel. It is established that in the context of the service function of the National Police of Ukraine, tactical training needs to be improved. Based on the elaboration of normative documents and scientific literature, the specifics of tactical training of police officers at different stages of professional training are highlighted. The need to improve the system of police training through further practical orientation was stated. Prospects for further research are the need to substantiate, develop and fill the content of situational tasks, which are used during training sessions on tactical training in the system of police training.

The use of basic methodological concepts in the process of vocational training of persons, first recruited into the service of internal affaires bodies under conditions of departmental university of the Ministry of Internal Affaires of Russia

2020 ◽  
pp. 60-65
Author(s):  
A.S. Petrakova ◽  
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Vocational Training ◽  
Professional Training ◽  
Point Of View ◽  
Educational Organizations ◽  
Internal Organs ◽  
Legitimate Interests ◽  
Internal Affairs ◽  
First Time

Researched is the problem of professional training of persons, recruited for the first time in the internal affairs bodies as prerequisite for provision of the law enforcement system with competent personnel, who qualitatively fulfill their duties to ensure protection of rights, freedoms and legitimate interests of citizens. That’s why the training of persons, recruited for the first time in the internal affairs bodies, is of paramount importance for the state. At the same time, the process of training police officers in departmental university has a number of specific features that distinguish it from training in educational organizations of civilian profile, incl. indivisibility of teaching and service, as well as orientation towards diligence and discipline. The purpose of this study was to analyze the process of vocational training of persons first recruited into service of internal organs, from the point of view of using elements of basic methodological concepts known to pedagogical science. As a result of the analysis, it can be argued, that methodological basis for training law enforcement specialists is largely eclectic and combines, to one degree or another, features of all the basic concepts. And although the system of vocational training for persons first recruited into service of internal affairs bodies is built quite clearly and in many ways effective, it still lacks flexibility and adaptability to dynamic changes in external environment.

The Al-Qaeda Revival in Pakistan: Challenges and Prospects

1970 ◽  
Author(s):  
Farhan Zahid
Keyword(s):  
Law Enforcement ◽  
Terrorist Group ◽  
Al Qaeda ◽  
Vital Importance ◽  
High Profile ◽  
Current State ◽  
The Us ◽  
Terrorist Organization ◽  
State Of Affairs ◽  
Tribal Areas

Pakistan remains a country of vital importance for Al-Qaeda. It is primarily because of Al-Qaeda’s advent, rise and shelter and not to mention the support the terrorist organization found at the landscape of Pakistan during the last two decades. The emergence of in Pakistan can be traced back to the Afghan War (1979-89), with a brief sabbatical in Sudan the Islamist terrorist group rose to gain prominence after shifting back to Afghanistan. It then became a global ‘Islamist’ terrorist entity while based in neighboring Afghanistan and found safe havens in the erstwhile tribal areas of Pakistan in the aftermath of the US invasion of Afghanistan in 2001. Prior to its formation in 1988 in Peshawar (Pakistan), it had worked as Maktab al-Khidmat (Services Bureau) during the Afghan War.2 It had its roots in Pakistan, which had become a transit point of extremists en route to Afghanistan during the War. All high profile Al-Qaeda leaders, later becoming high-value targets, and members of its central Shura had lived in Pakistan at one point in their lives. That is the very reason the Al-Qaeda in Pakistan is termed as Al-Qaeda Core or Central among law enforcement practitioners and intelligence communities. Without going into details of Al-Qaeda’s past in Pakistan the aim of this article is to focus on its current state of affairs and what future lies ahead of it in Pakistan.

scholarly journals Variables Associated with the Use of Coercive Measures on Psychiatric Patients in Spanish Penitentiary Centers

2014 ◽  
Vol 2014 ◽  
pp. 1-7 ◽  
Author(s):  
E. Girela ◽  
A. López ◽  
L. Ortega ◽  
J. De-Juan ◽  
F. Ruiz ◽  
...  
Keyword(s):  
Mentally Ill ◽  
Psychiatric Patients ◽  
Psychiatric Inpatient ◽  
Psychiatric Hospitals ◽  
Coercive Measure ◽  
Coercive Measures ◽  
External Assessment ◽  
Mechanical Restraint ◽  
The Family ◽  
Inpatient Units

We have studied the use of coercive medical measures (forced medication, isolation, and mechanical restraint) in mentally ill inmates within two secure psychiatric hospitals (SPH) and three regular prisons (RP) in Spain. Variables related to adopted coercive measures were analyzed, such as type of measure, causes of indication, opinion of patient inmate, opinion of medical staff, and more frequent morbidity. A total of 209 patients (108 from SPH and 101 from RP) were studied. Isolation (41.35%) was the most frequent coercive measure, followed by mechanical restraint (33.17%) and forced medication (25.48%). The type of center has some influence; specifically in RP there is less risk of isolation and restraint than in SPH. Not having had any previous imprisonment reduces isolation and restraint risk while increases the risk of forced medication, as well as previous admissions to psychiatric inpatient units does. Finally, the fact of having lived with a partner before imprisonment reduces the risk of forced medication and communication with the family decreases the risk of isolation. Patients subjected to a coercive measure exhibited a pronounced psychopathology and most of them had been subjected to such measures on previous occasions. The mere fact of external assessment of compliance with human rights slows down the incidence of coercive measures.

Constitutional bases of the procedure for the formation and activity of representative bodies in the Russian Federation

2021 ◽  
Author(s):  
Mariya Varlen ◽  
Konstantin Mazurevskiy
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Scientific Research ◽  
Representative Democracy ◽  
Controversial Issues ◽  
Scientific Analysis ◽  
Postgraduate Studies ◽  
The Russian Federation ◽  
Points Of View

The textbook provides an in-depth comprehensive scientific analysis of the legal status of representative bodies at the federal, regional, and municipal levels, taking into account the results of the ongoing reform of constitutional legislation and law enforcement practice, various points of view on controversial issues. Special attention is paid to the problems of the implementation of the powers and the procedure for the formation of representative bodies; the legal status of a deputy of a representative body is studied in detail, the forms of activity of deputies are characterized. For students of master's and postgraduate studies in the field of "Jurisprudence". It can be useful for undergraduate and specialist students, as well as for studying the problems of representative democracy and conducting relevant theoretical and applied scientific research.

scholarly journals Some legal issues of counteraction to the functioning of conversion centers

Legal Ukraine ◽  
2019 ◽  
pp. 31-35
Author(s):  
Alice Osadko
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Real Economy ◽  
Criminal Organizations ◽  
Legislative Changes ◽  
Set Up ◽  
Financial Transactions ◽  
National Police ◽  
Economic Crimes ◽  
Cover Up

This article describes conversion centers, examines the specific issues of counteracting their operations as one of the most effective mechanisms for shading money out of the real economy, and identifies some of the weaknesses that exist in eliminating these centers, and suggests ways to address them. Due to the political and legislative changes that are taking place in our country, the authorities' desire to stabilize the country's anti-corruption economy, and unlawful mechanisms in this field are undergoing significant changes. Yes, criminal organizations have recently been set up in Ukraine, existing as large conversion centers designed to cover up economic crimes by illegally converting cash into cash or vice versa. The Conversion Center article is a carefully structured and well-structured stable crime group that exists with a commercial bank or in close collaboration. The purpose of the article is to investigate the activities of conversion centers and to counteract their functioning in the context of the fight against corruption and economic crime. An analysis of current law and practice shows that the functions of counteracting crime in the financial sector, namely the operation of conversion centers, are unjustifiably divided into departments and often duplicated. In particular, such powers are vested in the units of the National Police), the Security Service of Ukraine, the Tax Police (DFS). According to the National Institute for Strategic Studies under the President of Ukraine, in Europe there are two options for the full integration of law enforcement in the fight against economic crime: within the Ministry of the Interior and the Ministry of Finance. All this requires the formation of the concept of strategic construction and determining the location of the tax police or financial investigation service (DFS or FIU) in the fight against economic (tax) crime. This concept should define the basic directions and principles of improvement of managerial, organizational and personnel work, legal, personnel, resource and other law enforcement activity in the specified field on the basis of analysis and assessment of tax security of the person, society and the state. Key words: fictitious enterprise, conversion centers, financial transactions, legalization of income, liability, decriminalization, fraud.

Sign in / Sign up

Export Citation Format

Share Document