scholarly journals ENSURING SECURITY OF PERSONS CARRYING OUT A SPECIAL TASK

2021 ◽  
Vol 77 (4) ◽  
pp. 157-163
Author(s):  
Victoria Kotova ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Criminal Organization ◽  
Security Measures ◽  
Law Enforcement Agencies ◽  
State Institutions ◽  
Special Knowledge ◽  
Proper Performance

The institute of ensuring the security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization is called to protect these persons, as they may be in danger during the criminal process, and in most cases after its completion. Therefore, it is advisable to find out the definition and main directions of improving the security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization. The effectiveness of security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization should be understood as creating in a minimum time and taking into account human rights and freedoms the necessary safe conditions for proper performance of a special task to document criminal activity of an organized group or a criminal organization. The main directions of improving the effectiveness of security measures to persons carrying out special tasks are: improving the rules of application of security measures to persons carrying out special tasks; improving the content of the grounds and procedural procedure for ensuring the safety of persons carrying out special tasks; reduction of time limits for the application of security measures to persons carrying out special tasks; expanding the types of security measures applied to persons carrying out special tasks; improving the financing and logistics of security measures to persons carrying out special tasks. Methodical and forensic security of the security of criminal justice participants, in our opinion, will include the development of methodological recommendations on issues of such peculiarities of investigating certain types of crimes that are determined by the security of individuals. We believe that these methodical and criminology recommendations will reflect the peculiarities of the interaction of law enforcement agencies in the process of ensuring the safety of participants in criminal justice and the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc. At the same time, criminalistic recommendations may become a structural component of techniques for investigating certain types of crimes, such as corruption, crimes against national security, etc.

scholarly journals Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects

2020 ◽  
Vol 79 (4) ◽  
pp. 73-78
Author(s):  
Т. П. Матюшкова
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Institutions ◽  
Judicial Practice ◽  
Scientific Principles ◽  
Special Knowledge ◽  
Further Development

One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine. Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice. The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.

scholarly journals Translated Transcripts From Covert Recordings Used for Evidence in Court: Issues of Reliability

2021 ◽  
Vol 6 ◽  
Author(s):  
David Gilbert ◽  
Georgina Heydon
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Organised Crime ◽  
Complex Environment ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Nation States ◽  
Australian State ◽  
Using Data

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

USE OF SPECIAL KNOWLEDGE DURING THE PRE-TRIAL INVESTIGATION OF CRIMES THAT ENCROACH ON THE NATIONAL SECURITY OF UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 109-114
Author(s):  
Oleh Batiuk ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Group ◽  
Legal Regulation ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Special Knowledge ◽  
Psychological Knowledge ◽  
Empirical Material

The author aimed to reveal the content and forms of use of special psychological knowledge during the proceeding of interrogation in the pre-trial investigation of crimes that encroach on the nationalsecurity of Ukraine in the provisions of the scientific article. Namely, for fulfilling the intended goal, the author determines in the provisions of the scientific article that the use of special psychological knowledge at the stage of pre-trial investigation, of course, can be the great benefit for establishing the truth in the case and the lack of their wide and effective application in criminal proceedings is caused, first of all, by imperfection of the theory of use of special psychological knowledge and of legal regulation of the activity of experts and other persons with special psychological knowledge. This is resulted from primarily to vague and ambiguous theoretical definitions of the concept of special psychological knowledge, subjects, methods of use and forms of their realization. Based on the analysis of theoretical and empirical material, scientifically substantiated conceptual and categorical apparatus concerning the concept of special psychological knowledge, which are used in pre-trial investigation, is defined; the conclusions and proposals that are aimed at improving the procedural and applied aspects of practical application by law enforcement agencies are formulated by the author in the scientific article. According to the author, this will not only deepen scientific knowledge, but also will give the opportunity to use the obtained data in investigative practice, help law enforcement agencies quickly and efficiently to disclose, investigate and conduct measures to prevent of the committing crimes against national security of Ukraine. The results of the research can also be applied during the criminal proceedings, in the process of proving and evaluating evidence, during the qualifying the committed crime and establishing of circumstances mitigating of punishment. The author explored the features of the use of special psychological knowledge during the investigation of the crimes that encroach on the national security of Ukraine, which are committed by the organized criminal group.

scholarly journals Separate Aspects of Saving the Confidentiality of People Collaboration With Law Enforcement Bodies

2019 ◽  
Vol 85 (2) ◽  
pp. 95-104
Author(s):  
V. M. Davydiuk
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Organization ◽  
Criminal Code ◽  
Security Measures ◽  
Law Enforcement Agencies ◽  
Protective Mechanisms ◽  
Procedural Code ◽  
The One

The organizational and legal provision of security of confidential cooperation in Ukraine has been analyzed. The information on modern problems of ensuring security of the Institution of confidential cooperation has been systematized. The risks arising during the confidential cooperation have been outlined. The author has raised the issue of keeping the balance in ensuring security of a confidant’s personality on the one hand and the need of procedural recording of the information obtained from the confidant on the other hand. Normative and legal regulation of protecting confidants in Ukraine and abroad has been compared. The problematic issues of guarantees for the protection of confidants in the Ukrainian legislation have been revealed; the ways to solve them have been offered. The protective mechanisms that in one form or another should be applied to the confidants have been analyzed: guarantees of social and legal protection, restrictions on the use of certain categories of persons as confidants, etc. The issue of ensuring the safety of the confidants after the cooperation with law enforcement agencies has been raised. The author has offered to establish appropriate security measures for such confidants, to determine the reasons and grounds for the application of such measures, and to outline the mechanism of the implementation of such measures at the regulatory level. The limits of permissible behavior of confidants during the fulfillment of crime counteraction tasks have been studied. It has been offered to supplement the Art. 43 of the Criminal Code of Ukraine with the norm that would extend the rights of persons who under the law, perform a special task by participating in an organized group or criminal organization, to confidants, who assist law enforcement agencies in preventing and/or investigating a serious or particularly serious crime. In the context of involving a confidant in accomplishing the tasks of criminal investigation, the author has offered to provide a separate, secret investigative (search) action, which, by analogy with the norm of the Art. 272 of the Criminal Procedural Code of Ukraine should be conducted according to the resolution of an investigator, agreed with the head of the pre-trial investigation agency, and the decision of a prosecutor.

scholarly journals Criminological profile of a perpetrator of a high treason

2020 ◽  
Vol 9 (28) ◽  
pp. 176-189
Author(s):  
Vadym Polovnikov ◽  
Viacheslav Biletskyi ◽  
Viktor Tyshchuk ◽  
Yurii Overchenko
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Behavior ◽  
Criminal Activity ◽  
The State ◽  
Criminal Record ◽  
Court Decisions ◽  
Law Enforcement Agencies ◽  
State Register ◽  
Activity Duration

The article presents the analysis of specific criminological features of the persons who have committed high treason in order to know their typical criminological profile. For the purpose of that, 39 court decisions of the Unified State Register of Judgments (hereinafter: USRJ) of Ukraine, which were made against persons who committed this type of crime, were examined. Socio-demographic (gender, age, education, nationality) and criminal-law (motivation of the criminal behavior, single or group criminal character of criminal activity, duration of criminal activity, presence or absence of criminal record, etc.) were estimated in investigation. Generalization and interpretation of the results of court decisions made it possible to simulate a typical criminological profile of the perpetrator of the state treason and to identify certain specific characteristics of the subjects of this crime. It is concluded that knowledge of the criminological profile of the state traitor is of great importance for the profile of criminals by law enforcement agencies, which are empowered to prevent crime in the field of national security.

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

scholarly journals Enacting an Improved Response to Sexual Assault: A Criminal Justice Practitioner’s Guide

2020 ◽  
Author(s):  
Patricia A. Melton
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Sexual Assault ◽  
Best Practices ◽  
Violent Crime ◽  
Sexual Assaults ◽  
Law Enforcement Agencies ◽  
Violent Crimes ◽  
Serial Offenders

Sexual assault is a violent crime that traumatizes individual victims and endangers entire communities. Every victim of sexual assault deserves an opportunity for justice and access to the resources they need to recover from this trauma. In addition, many perpetrators of sexual assaults are serial offenders who also commit other violent crimes, including armed robberies, aggravated assaults, burglary, domestic violence, and homicides, against strangers and acquaintances. Criminal justice agencies have the power to create a strategic, sustainable plan for an improved response to sexual assault that aligns with current best practices and national recommendations. In this document, we define an “improved response” as an approach that supports effective investigation and prosecution of sexual assault cases, holds perpetrators accountable, and promotes healing and recovery for victims of sexual assault. This guide will help prosecutor and law enforcement agencies create a process with milestones, goals, and suggested actions, all designed to support a successful and sustainable approach for addressing sexual assault cases. Improving the criminal justice system’s response to sexual assault ultimately improves public safety and promotes trust between criminal justice agencies and the communities they serve.

scholarly journals THE USE OF SPECIAL KNOWLEDGE IN DETECTING AND FIXING DIGITAL TRACES: ANALYSIS OF MODERN PRACTICE

2019 ◽  
pp. 178-185
Author(s):  
A. I. Semikalenova ◽  
I. A. Ryadovskiy
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Computer Technology ◽  
Information Technologies ◽  
Current Practice ◽  
Information And Computer Technology ◽  
Private And Public ◽  
Law Enforcement Officials ◽  
Special Knowledge ◽  
The Russian Federation

The paper analyzes the results of studying the current practice of identifying, fixing, preserving and anticipating the forensic examination of the study of digital traces of crime. As a toolkit for monitoring investigative and operational investigative activities in this area, there were applied personal conversations and surveys of employees of the Investigative Committee of the Russian Federation, investigative and operational search units of the Ministry of the Interior of Russia, employees of other services and departments, students of the relevant specialization. In addition, experts in the field of computer information technologies from both the private and public sector, involved in investigative actions and operational search activities were interviewed.The paper presents the results of this study, identifying current problems of criminal justice, faced by law enforcement officials investigating crimes involving information and computer technology, while seizing and recording computer information.

scholarly journals CHARACTERISTICS OF THE PERSON OF THE CRIMINAL COMMITTING CRIMINAL OFFENSES IN THE FIELD OF ECONOMIC ACTIVITY

2020 ◽  
pp. 40-49
Author(s):  
В. В. Мойсеєнко
Keyword(s):  
Economic Activity ◽  
Criminal Activity ◽  
Law Enforcement Agencies ◽  
Security Guards ◽  
Official Position ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Technical Functions ◽  
Criminal Groups ◽  
Financial Transactions

The article systematizes persons who commit criminal offenses in the sphere of economic activity, namely: persons with experience in various spheres of economic activity (as a rule, they are organizers, create criminal groups, distribute responsibilities among their participants, dispose of funds received) ; persons who, abusing their official position, commit legally significant actions or provide public services that are important for the preparation, commission and concealment of criminal offenses (notaries, appraisers, auditors, bank employees); employees (officials) of the sphere of economic activity (accountants, managers, secretaries, security guards), who perform certain technical functions, not directly participating in the criminal scheme; specialists who are involved in the use of special knowledge in the field of psychology, financial transactions, organization of mass events, as well as for the purpose of falsification of documents, interference in the work of computer networks; officials of local authorities, control and law enforcement agencies, which provide corrupt cover for criminal activity.

THE PLACE AND ROLE OF SECURITY PROCEDURES IN THE INVESTIGATION OF PENITENTIARY CRIMES

2021 ◽  
pp. 9-13
Author(s):  
Сергей Владиславович Владимиров
Keyword(s):  
Criminal Justice ◽  
Criminal Activity ◽  
Correctional Institutions ◽  
Security Measures ◽  
Security Procedures

В статье раскрывается актуальность борьбы с пенитенциарными преступлениями силами и средствами сотрудников уголовно-исполнительной системы, обеспечивающих режим в исправительных учреждениях. Большое значение в повышении эффективности противодействия пенитенциарной преступности имеют результаты проведения досмотра и обыска как режимных мероприятий. Проведено сравнение режимных досмотра и обыска со следственными осмотром и обыском. Указано на значительное сходство в сущности, тактике, порядке оформления и уведомления контролирующих должностных лиц рассматриваемых следственных и режимных мероприятий. Установлено, что для раскрытия и дальнейшего расследования пенитенциарных преступлений важное значение имеет возможность обнаружения, фиксации и изъятия в ходе обыска и досмотра следов преступления. В этом случае акты режимных мероприятий выступают полноценными источниками доказательств при условии составления их в соответствии с нормативно-правовыми актами, в том числе ограниченного пользования. Обоснована необходимость осматривать, фиксировать и изымать следы преступной деятельности в ходе режимных мероприятий в соответствии с криминалистическими требованиями к следственным действиям, поскольку в этом случае доказательственное значение получаемых сведений в ходе режимных мероприятий существенно возрастает. Предложено разработать нормативный акт, регламентирующий порядок предоставления результатов режимных мероприятий в органы уголовной юстиции, что, несомненно, повысит эффективность доказывания пенитенциарных преступлений. The article reveals the relevance of the fight against penitentiary crimes by the forces and means of the employees of the penitentiary system who ensure the regime in correctional institutions. An important role in the effectiveness of countering criminality is played by the results of conducting searches and searches as security measures. A comparison of routine inspections and searches with investigative inspections and searches is made. It is pointed out that there are significant similarities in the nature, tactics, procedure for registration and notification of controlling officials of the investigative and regime measures under consideration. It is established that for the disclosure and further investigation of penitentiary crimes, the possibility of detecting, fixing and removing traces of the crime during the search and inspection is of great importance. In this case, the acts of regime measures act as full-fledged sources of evidence, provided that they are compiled in accordance with regulatory legal acts, including those of limited use. The necessity to examine, record and remove traces of criminal activity during security procedures in accordance with the forensic requirements for investigative actions is justified, since in this case the evidentiary value of the information obtained during security procedures increases significantly. It is proposed to develop a normative act regulating the procedure for submitting the results of security procedures to the criminal justice authorities, which will undoubtedly increase the effectiveness of proving penitentiary crimes.

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