scholarly journals NON-STATE FORMS OF LAW ENFORCEMENT IN UKRAINE: CONSTITUTIONAL AND LEGAL DIMENSION

2021 ◽  
Vol 1 (1) ◽  
pp. 107-115
Author(s):  
Viktor Orlov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Problem Definition ◽  
Law And Order ◽  
Modern Problem ◽  
Security Engineering ◽  
The Public ◽  
Existing Problems ◽  
Private Security Companies ◽  
Definition Of

The article is devoted to the study of the constitutional and legal essence of non-state forms of law enforcement in Ukraine. The author emphasizes that in Ukraine law enforcement has always been associated with the activities of state bodies, but these bodies today under various circumstances are not able to fully ensure the security of all systems operating in society. The development of the European vector of Ukraine, the processes of decentralization and deconcentration of power, the urgent need to create a safe environment have led to the development of non-state forms of law enforcement. The relevance of the study is due to the existing problems of determining the constitutional and legal content of existing non-state forms of law enforcement in Ukraine. The author reveals the problematic issues of defining the term «law and order» and «protection of law and order» in the Constitution of Ukraine and legislation. It is determined that the format of modern problem definition requires the search for opportunities for the development of security engineering with the involvement of non-governmental elements of law enforcement. The author believes that the function of law enforcement is implemented in two forms: state and non-state, respectively, under the form of law enforcement we mean the external manifestation of specific actions carried out by state and non-state elements of law enforcement to protect human rights and freedoms, law enforcement. The opinion that it is necessary to distinguish between private, municipal and public forms of law enforcement is substantiated. Private forms of law enforcement should include the activities of: private security companies; private detectives. The municipal forms of law enforcement include the activities of: the municipal guard; municipal parking inspectors; municipal officials performing law enforcement functions. The public forms of law enforcement include the activities of: public formations for the protection of public order; security coordination offices; public assistants of a district police officer on a voluntary basis. It is concluded that the constitutional and legal design of the definition of law and order with the involvement of non-state forms of its protection is an important form of security engineering and an effective institution for ensuring human and civil rights and freedoms in Ukraine.

scholarly journals Pengaruh Pendapatan Asli Daerah (PAD) dan Karakteristik Pemerintah Daerah terhadap Kinerja Keuangan Pemerintah Daerah Kabupaten/Kota Propinsi Papua

2020 ◽  
Vol 5 (1) ◽  
pp. 26-42
Author(s):  
Mercy Irene Christine Siregar
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Public Law ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Existing Problems ◽  
Definition Of ◽  
The Impact ◽  
Insight Into

This study aims (1) to identify and analyze the definition of corruption, (2) to identify and analyze the causes of corruption, (3) to the impact of corruption, (4) to prevent and eradicate corruption. The benefits of research are (1) the theoretical use of developing and expressing objectively in overcoming existing problems, especially those related to aspects of corruption, (2) providing insight into information for the public, law enforcement agencies and other parties on the performance of the local government of the regency / city of Jayapura.

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

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

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

scholarly journals International experience of ensuring discipline and legality in law enforcement bodies

2020 ◽  
Vol 4 (4) ◽  
pp. 24-29
Author(s):  
Oleksandr Kobzar ◽  
Serhiy Tkachenko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
International Experience ◽  
Positive Experience ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
National Space ◽  
Proper Functioning ◽  
The World ◽  
National Police

The article analyzes the international experience of functioning of bodies and institutions ensuring observance of discipline and law and order in law enforcement bodies, the corresponding data are compared with functioning of inspections on personnel of department of personnel of National police of Ukraine and, on the basis of the received information. In different countries of the world, control bodies are called differently, and in the system of the National Police of Ukraine, there are several such bodies, one of which is the inspection of personnel, but, in turn, the author proposes to investigate the functioning of disciplinary bodies and legality in law enforcement agencies in the world, as this positive experience can make it possible to optimize the functioning of the institution in the national space. International experience of the relevant processes is characterized by various features that set out the essence and importance of discipline and legality in the activities of law enforcement agencies. The issue of using international experience in improving the functioning of institutions that ensure discipline and legality in law enforcement is one of the most important. From the proper functioning of law enforcement agencies, first of all, depends on the level of human and civil rights and freedoms in each state where they exist. Based on a survey of the concept of discipline and legality, as well as determining its importance in the law enforcement system, analyzing the international experience of ensuring discipline and legality by relevant bodies in law enforcement agencies, namely the police and identifying, based on analysis, the main methods of achieving appropriate bodies set goals, the authors identified the relevant conclusions.

scholarly journals Constitutional legal mechanism of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen in Russian Federation

2016 ◽  
Vol 3 (2) ◽  
pp. 106-111
Author(s):  
I A Alzheev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Point Of View ◽  
Law And Order ◽  
Social Tension ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Legal Mechanism ◽  
Coordination Activity

In article questions of realization of constitutional and legal bases of bodies of prosecutor’s office of the Russian Federation for law enforcement and a law and order, protection of the rights and freedoms of the person and citizen are considered. According to the author there was now an unsatisfactory situation in the sphere of the rights and freedoms of the person and citizen, increases the number of violations of the rights and freedoms that leads to increase in social tension and loss of trust of the population to all structures of the government. In this connection in article improvement of mechanisms of ensuring with bodies of prosecutor’s office of the rights and freedoms of the person and citizen is proved by need of definition of coordination activity of prosecutor’s office, from the point of view of her potential and a role in fight against crime also.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals Legal status of officials and officials: the problem of definition of concepts

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yara Olena ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Relations ◽  
Legal Status ◽  
Civil Service ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Leading Position ◽  
Definition Of ◽  
Law And Legislation

The article examines the problem of delimitation of legal status: official and official. The category of legal status is an important component for every participant in public relations, because such a status will depend on the scope of his civil rights and responsibilities, which is especially relevant for an official or official. It was found that today the issues of the studied categories, namely «legal status of an official» and «legal status of an official» still remain relevant because there is no unanimous position for their delimitation. It is clear that the categories of «official», «official» occupy a leading position in the field of public administration, criminal law, litigation, other areas of law and legislation. These categories should be key in the preparation of regulations relating to the civil service, regulation of law enforcement agencies, determining the legal responsibility of persons holding certain positions in the civil service. Conclusions are made where, given that at the legislative level there is no single definition of «official» and «official», and the proposed definitions in legal science are mainly sectoral in nature, the priority is: first, the definition in the Law «On basics of civil service», which must be adopted, the concepts of «official» and «official» and their features. The task of today's legislator is the need to differentiate them. Therefore, when determining the grounds for assigning persons to the categories of officials or officials should be guided by the relevant legislation governing certain relations. Regarding the legal status of officials and officials, the conclusion was that a significant factor in distinguishing these categories, unfortunately, is not legal status, because without a clear distinction between the basic concepts of «official» and «official», we can not fully describe the differences in this status. Keywords: service, position, legal status, civil service, official, employee, official

scholarly journals Regarding the Problem of Defining the Concept of «Administrative and Legal Provision of Citizens’ Rights»

2020 ◽  
Vol 9 (26) ◽  
pp. 473-478
Author(s):  
Hanna Ivanova ◽  
Vasyl Felyk ◽  
Iryna Shopina ◽  
Konstantin Bieliakov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Literature ◽  
The State ◽  
Modern World ◽  
Structural Components ◽  
General Sense ◽  
Legal Provision ◽  
Legitimate Interests ◽  
Definition Of

The purpose authors of this article aim to analyze the scientific literature on understanding the concept of “administrative and legal provision of civil rights”, its structural components and on this basis to offer our own view in regard to this administrative and legal category. To achieve this goal, such methods of scientific knowledge were used as: formal-logical; comparative analysis; logical and legal. Different scientific approaches and concepts to defining the notion of citizens’ rights have been analyzed in the article. On this basis the understanding of the category of “administrative and legal provision of citizens’ rights” has been improved. It includes two interrelated components – “administrative and legal” and “provision”. It has been determined that the term provision in the general sense means the creation of conditions, security, protection of something from danger. The rights of citizens as a subject matter of administrative provision have been analyzed. The features of human and civil rights have been outlined. It has been stated that human and civil rights, freedoms and legitimate interests in the modern world must be both declared in regulatory acts, and must be really guaranteed and secured by the state. It has been emphasized that officials of the state authorities, including law enforcement system, play a crucial role in the development of interaction between society, government and citizens. The main directions of ensuring the rights, freedoms and legitimate interests of citizens by the norms of administrative legislation, as well as the mechanism of their implementation have been determined. The authors have offered own definition of the concept of “administrative and legal provision of citizens’ rights”.

scholarly journals THE CONCEPT AND SIGNS OF METHODS OF IMPLEMENTATION OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF FORMATION AND IMPLEMENTATION OF THE STATE WEAPONS POLICIES IN UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 175-182
Author(s):  
Т. А. Шумейко
Keyword(s):  
Law Enforcement ◽  
State Policy ◽  
Public Law ◽  
The State ◽  
Scientific Article ◽  
Mechanism Of Formation ◽  
The Public ◽  
Modern Methods ◽  
Definition Of ◽  
Legal Mechanism

The purpose of the scientific article is to clarify the essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. This goal can be achieved by performing the following tasks: 1) to clarify the approaches of lawyers-administrators to understand the concept of "methods"; 2) outline the special features of the studied methods; 3) to formulate the definition of the concept "methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine"; 4) summarize the results of the study. The article is devoted to clarifying the complex essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. The studied methods are interpreted as provided by law a set of volitional techniques (methods, means) used within the forms of implementation of the specified administrative and legal mechanism by its subjects (within their powers) to solve a set of tasks and achieve state policy of formation and implementation of state policies in the field of arms circulation in Ukraine. The opinion is substantiated, according to which the methods of realization of the administrative-legal mechanism of formation and realization of the state policy in the sphere of arms circulation are characterized by the fact that they: are special conscious ways (receptions, means) of achievement of the purpose, the decision of tasks and realization of functions of the administrative-legal mechanism. implementation of state policy in the field of arms circulation; are manifested in the forms of implementation of this administrative and legal mechanism through the subjects, objects of such a mechanism; reflect the public interest in the field of arms trafficking; apply to all participants (potential participants) of public-law relations on the formation and implementation of state policy in the field of arms circulation in the state, as well as to the personnel of the subjects of power; in essence, cover the methods of law enforcement and management methods (methods of persuasion, coercion, control and supervision). The conclusions to the article summarize the results of the study.

scholarly journals Law Enforcement Agencies in the System of Entities of Protection and Defense of Human Rights

2020 ◽  
Vol 9 (30) ◽  
pp. 77-83
Author(s):  
Oksana Aleksandrovna Panova ◽  
Andrii Tanko ◽  
Vladyslav Volodymyrovych Povydysh ◽  
Olha Vasylivna Alieksieieva
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Work ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Root Cause ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Definition Of

The purpose of this article is to define the role of law enforcement agencies in the system of protection of human rights and freedoms. The legal relations that arise during the activities of law enforcement agencies regarding the protection of human rights and freedoms were the subject of the study. Such methods of scientific cognition as dialectical, logical-semantical, formal-legal and analytical were used during the writing of the article. Through a series of research analyzes and comparisons, the definition of "law enforcement agencies" was provided. During the writing of this scientific work, the level of impact of effectively functioning law enforcement agencies on the entire system of protection of fundamental human and civil rights and freedoms was traced. It is stated that due to the multisectoral nature of activity of law enforcement agencies, their extensive system, etc., it is impossible to group them in one legislative act. The root cause for this is that all law enforcement agencies have different functions, different tasks, they do not have the same powers, and so on. It is emphasized that, regardless of the state in which they are located, law enforcement agencies (and especially their activities to ensure inalienable protected rights) will always be a model for a society as a whole. Hence the foundation of the widespread scientific thesis that the quality of law enforcement work in the field of protection and observance of constitutional rights, freedoms and legitimate interests of individuals is a direct reflection of the level of success and competence of all actors in society.

Public libraries, public access computing, FOSS and CI: There are alternatives to private philanthropy

First Monday ◽  
2007 ◽  
Author(s):  
Siobhan Stevenson
Keyword(s):  
Digital Divide ◽  
Public Libraries ◽  
Public Library ◽  
Problem Definition ◽  
Public Access ◽  
The Public ◽  
Bill Gates ◽  
Gates Foundation ◽  
Definition Of ◽  
Technology Grant

In January 2007, The Bill and Melinda Gates Foundation (BMGF) announced its second multi–year technology grant program for America’s public libraries. The purpose of Phase II, Keeping communities connected: The next step is to help public libraries sustain the public access computing infrastructure laid down during Phase I. Now, as then, the goal of the program is to bridge the digital divide. But it is a digital divide as defined by Bill Gates and not the public library community. Situating Gates’ philanthropy within a critical policy frame, this paper considers two alternatives to Gates’ problem definition of the digital divide, and how knowledge of these might benefit those communities served by public access computing (PAC) services as found in public libraries. The two specific alternatives considered come from the Free Software Foundation (FSF), and Community Informatics (CI). Significantly, both social movements promote the potential of free and open software as an important part of any solution. Finally, the public library literature is reviewed for patterns in the community’s use of FOSS, and the argument is made for its use in the delivery of PAC services.

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