scholarly journals ADMINISTRATIVE AND LEGAL STATUS OF LAW ENFORCEMENT BODIES AS SUBJECTS OF FORMATION AND IMPLEMENTATION OF STATE POLICY IN THE FIELD OF NATIONAL SECURITY AND DEFENSE

2021 ◽  
Vol 75 (2) ◽  
pp. 35-44
Author(s):  
Vitalii Makarchuk ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
State Policy ◽  
Legal Status ◽  
The State ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Security Service ◽  
Service State ◽  
National Police

The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.

scholarly journals Administrative and Legal Status of the National Police of Ukraine as a Subject of State Policy Implementation in Human Rights and Freedoms

2020 ◽  
Vol 76 (1) ◽  
pp. 32-38
Author(s):  
A. V. Tanko
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Policy Implementation ◽  
Police Officers ◽  
State Policy ◽  
Legal Status ◽  
The State ◽  
Human Rights Protection ◽  
The Law ◽  
National Police

The article is focused on studying the phenomenon of the administrative and legal status of the National Police as a subject of Ukrainian state policy implementation in human rights and freedoms. The author outlines the essence and content of the administrative and legal status of the National Police of Ukraine through the leading categories of "law" and "freedom", which are important for the democratic processes developing in Ukrainian society. The administrative and legal status of the National Police of Ukraine is considered as a set of characteristics and powers entrusted in the state legislation, a set of the following components: target – determined by the mission of the police to promote the state policy implementation in the fight against crime and peacekeeping, enforcement of rights, public and state interests; organizational – characterizes the structure of the National Police, consisting of a central police control facility, which consists of organizationally integrated structural units that ensure the implementation of the police tasks in human rights protection; competent – related to the definition of tasks, functions, rights, and duties, as well as the degree of responsibility of the law enforcement and its units and employees, determining the focus of their activities on the protection of the individual and the guarantee of the legitimacy of counteracting the state on the part of the person to protect their rights and freedoms. In practice, the implementation of the new administrative and legal status enables law enforcement to approve the law, enhance the communication and legal culture of police officers, overcome the traditional politicization and militarization of law enforcement by updating the organizing strategies of human rights activities, strengthen the state and professional discipline, make the police activities transparent, improve the control system and responsibility of police structures and professionals for malpractice.

scholarly journals ADMINISTRATIVE AND LEGAL STATUS LAW ENFORCEMENT AUTHORITIES AS ENTITIES ENSURING THE FINANCIAL SECURITY OF THE STATE

2020 ◽  
pp. 193-204
Author(s):  
В. В. Люх
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Research Area ◽  
Economic Security ◽  
The State ◽  
Financial Security ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
The Concept Of Law ◽  
National Police

The article is devoted to the study of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, in the context of which the author answers three questions: 1) «What is meant by the category» administrative and legal status?»; 2) “Which law enforcement agencies are directly involved in ensuring the financial security of the state?; 3) «What competence do these law enforcement agencies have in the field of financial security and what are their responsibilities?». Having defined the content of such categories as “status”, “legal status”, “administrative-legal status”, the author proposes to understand the administrative-legal status of a law enforcement body as a subject of financial security as an administrative law provision of a law enforcement body, powers and responsibilities in the field of financial security of the state. The definitions of the concept of «law enforcement agencies» are analyzed, the lack of a common vision of the content of their activities at both the legislative and doctrinal levels is stated, their features are formulated. It is determined that law enforcement agencies that are the subjects of financial security of the state can include only the National Police of Ukraine, the Security Service of Ukraine, the tax police of the State Fiscal Service of Ukraine and the National Anti-Corruption Bureau of Ukraine, the Prosecutor’s Office, the State Bureau of Investigation and the State Audit Office. Through the prism of their tasks and functions as categories that concisely and meaningfully express their competence and authority, the main features of their administrative and legal status are identified. It is concluded that the specialized legislation of Ukraine at the level of laws and regulations enshrines elements of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, but overall their administrative and legal status is regulated in some fragments, which requires improvement of Ukrainian legislation. research area and is an additional argument for the creation of a single law enforcement agency the Bureau of Economic Security of Ukraine.

scholarly journals State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Moral Principles

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Key words: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

scholarly journals Security and defense sector of Ukraine in the mechanism of realization of the defense function of the state

2020 ◽  
pp. 78-82
Author(s):  
Viacheslav Alexandrov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
National Guard ◽  
Armed Forces ◽  
Civil Defense ◽  
The State ◽  
Industrial Complex ◽  
Law Enforcement Agencies ◽  
Security Forces ◽  
Defense Function

The article highlights the aspects of the Security and Defense Sector’s defense function. Based on the analysis of the legislationof Ukraine, the specifics of the normative regulation of the content of the category “defense”, as well as the diversity of doctrinal understandingof this category are highlighted. It is noted that the defense function of the state is realized, in fact, by all elements of the powermechanism. In this way, the state of readiness of the state “defense forces” necessary for the flow of armed aggression is achieved.Along with this, it was noted that within the framework of the state mechanism, it is expedient to single out those structures whosecompetence directly provides for the implementation of the defense function.The structure of the security and defense sector contains four components, which are differentiated according to their functionalpurpose and legal nature. In particular, these are: 1) security forces; 2) defense forces; 3) defense-industrial complex; 4) public associationsthat voluntarily participate in ensuring national security. It is also worth noting that the institutional components of Ukraine’ssecurity and defense sector belong to both the state apparatus and civil society institutions.The content of the categories “security forces” and “defense forces” is distinguished. Security forces are law enforcement andintelligence agencies, state bodies of special purpose with law enforcement functions, civil defense forces, as well as other bodiesentrusted by the Constitution and laws of Ukraine with functions to ensure the national security of Ukraine. In turn, the defense forcesinclude the Armed Forces of Ukraine, as well as other military formations, law enforcement agencies and intelligence agencies formedin accordance with the laws of Ukraine, as well as special purpose bodies with law enforcement functions, which are assigned by theConstitution and laws of Ukraine. The main institutional element of the Security and Defense Sector is the Armed Forces of Ukraine.It is the Armed Forces that protect the sovereignty of the state and territorial integrity, as well as ensure the inviolability of state borders.Emphasis is placed on the function of the National Guard of Ukraine and the State Border Guard Service of Ukraine as important componentsof the security and defense sector.It is noted that today the subordination of military institutions and law enforcement agencies to various ministries and authoritiesis a factor that may negatively affect their interaction in the process of performing the tasks provided by law. Therefore, we consider itexpedient for the President of Ukraine, as the Head of State and the Supreme Commander-in-Chief of the Armed Forces of Ukraine, toadopt a normative act on cooperation between the Security and Defense Sector in the process of armed defense of Ukraine’s territorialintegrity and state sovereignty.

ACTIVITIES OF THE MILITARY PROSECUTOR’S OFFICE IN THE CONDITIONS OF CHANGES IN LEGISLATION

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Justice ◽  
Law Enforcement Agency ◽  
Military Security ◽  
Military Law ◽  
The Military

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

scholarly journals Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

scholarly journals Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

2019 ◽  
Vol 75 (4) ◽  
pp. 59-64
Author(s):  
A. V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Legal Status ◽  
Criminal Liability ◽  
The State ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
Definition Of

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science. The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved. The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

scholarly journals Public and Service Activity of the Ministry of Internal Affairs of Ukraine: Current Issues

2020 ◽  
Vol 89 (2) ◽  
pp. 143-152
Author(s):  
O. V. Dzhafarova ◽  
O. O. Mozhovyi
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
State Institution ◽  
The State ◽  
Law Enforcement Agencies ◽  
Administrative Services ◽  
Service Activity ◽  
Service Oriented ◽  
Internal Affairs ◽  
Service State

The author has studied scientific concepts on the introduction of service-oriented activities of public administration authorities aimed at meeting the needs and interests of society through the provision of quality public services to the population, coordinated with long-term goals of society and state’s development. It has been proved that public and service activity of public administration authorities is really possible and actually feasible under the condition of creation and functioning of optimal normative, material and resource, organizational base for its guaranteeing (availability of legislative and other normative and legal documents, functioning of specialized service centers for providing administrative services with the staff of qualified civil servants and electronic databases, etc.). It has been emphasized that the content of public and service activity of the Ministry of Internal Affairs of Ukraine is: a) a separate function of the service state, the content of which is to change the ideology, forms and methods in the work of law enforcement agencies; b) one of the externally-oriented functions of a specially created state institution along with such functions as regulatory, supervisory and law enforcement, c) the basis for the authorized entity to implement the tasks and functions of the state to ensure human rights and freedoms, as well as the interests of society and the state, keeping public order and security, combating crime, d) high-quality and affordable provision of administrative services to specific individuals in the form of licensing, registration and other similar actions in the law enforcement sphere.

scholarly journals Security in Company Management

2021 ◽  
pp. 67-75
Author(s):  
Ramaz Otinashvili ◽  
Keyword(s):  
Law Enforcement ◽  
Business Management ◽  
Fee For Service ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Security Service ◽  
Main Challenge ◽  
Private Detective ◽  
News Agencies ◽  
Service Basis

To neutralize the danger associated with business management there is a special security service in the management system of successful companies the structure of which depends on the nature and scale of the business. A medium-sized security service consists of four structural divisions: 1. Security; 2. Operative; 3. Analytical; 4. Technical. In each, depending on the specifics of the activity , up to 1 or 10 employees can be employed. Every business has its general and specific challenges. The main challenge still comes from direct competitors. Rivalry often transcends civilized boundaries and escalates into physical or other confrontation, especially if there is a new "player" in the segment. In the advanced countries of the West, in addition to state security institutions, there are private detective and detective organizations, news agencies, studying scientific and consulting centers, which provide various services on a fee-for-service basis. Coordination of state law enforcement agencies and private security structures is sophisticated. There is created a special body, if necessary and it harmonizes their activities. It would be nice to transfer this practice to Georgian conditions.

Federal Security Service in the national security system

2020 ◽  
pp. 399-406
Author(s):  
Laura Turkaeva
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
National Security ◽  
Public Law ◽  
Practical Significance ◽  
Executive Power ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Security Service

In the context of the current political situation in the country, the relevance of scientific research is due to its extreme importance, seen through the prism of the theoretical and practical significance of law enforcement activities of the Federal security service at various historical stages, and its provision of national security. The scientific novelty of this work is formed from a complex of analytical characteristics of the Federal Security Service activi-ties and comes down to the fact that it presents the special aspects of the professional work of the Federal Security Service, in addition, a comparative assessment of legal norms is carried out. Due to the democratization of Russian society, significant changes are taking place in the law enforcement agencies system. The constitutional consolidation of human and civil rights and freedoms as basic values determines their supremacy in relation to public law values. We emphasize that the Federal Security Service is the leading central body in the system of executive power, whose activities to ensure national security are built taking into account the fundamental principles of legality, respect, observance of human and civil rights and freedoms, conspiracy, in a combination of overt and covert methods and means. We indicate our own position in understanding the essence and characteristics of national security.

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