scholarly journals INDIVIDUAL ARREST TECHNIQUES THAT CAN BE USED BY POLICE OFFICERS ACCORDING TO THE SCANDINAVIAN MODEL OF PUBLIC ORDER AND SECURITY DURING A PUBLIC EVENT VIOLATION

2021 ◽  
Vol 12 (2) ◽  
pp. 107-112
Author(s):  
Nazarii Tuz ◽  
◽  
Mykhailo Shevtsiv ◽  

The article examines the issues of detention of individuals who can be used in their professional activities by police officers following the Scandinavian model of public order and security during violations of the order of mass events. Sometimes, during violations of the relevant mass events, police officers must counteract such conduct which violates certain rights and freedoms of others, which behave peacefully, calmly, in accordance with the clear rules provided for by national and international law. In some places, in order to stop the above-mentioned acts, the police are forced to apply, on legal grounds, coercive measures, which are provided by the Law of Ukraine “On the National Police”. However, it must always be borne in mind that the right to peaceful assembly is a fundamental human right and the use of force must be kept to a minimum so as not to harm human life or health and to restore public order and safety. Dialogue and conversation between police officers are important in detaining people who violate public order and security, as well as for those who are nearby during various types of gatherings. Here we need to understand the message, the reasons or motives for the detention, and, in general, the attempt to communicate and talk to the detainee. Detention of persons, quite often, is an effective way to ensure the order of peaceful assemblies, to ensure the realization of citizens' rights to peaceful assemblies. Detention can be carried out by personnel - police officers in uniform, and officers who perform their duties in ordinary, casual clothes. Police officers often detain people for various types of offenses. The difference between ordinary detention and detention during demonstrations is in the presence of certain factors that need to be addressed.

Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  

The article deals with the features of public order and security during mass events in terms of foreign experience, which is implemented in the activities of bodies and units of the National Police of Ukraine in the framework of its reform. There has been analyzed the basic principles that determine the strategy and methods of policing with mass gatherings under the best European practices (Scandinavian model) to ensure law and order. In particular, the key principles of European law enforcement practice in ensuring the human right to a peaceful assembly about the range of regulations that define the activities of the National Police in this area of ​​activity have been studied. There has been investigated the main criteria that affect the effectiveness of the study model of public order protection in the work of the National Police of Ukraine. The scientific research is based on the concept of the introduction of the Scandinavian model of public safety and order in the activities of bodies and subdivisions of the National Police of Ukraine during mass events, through the prism of the provisions enshrined in it. The presented conclusions and proposals in the scientific article are based on the interview of persons from the leadership of the bodies and units of the National Police, who were trained by the Advisory Mission of the European Union in Ukraine on public order during mass events [1].


Author(s):  
Oleksiy Ulianov ◽  
◽  
Oleksandr Nikolayev ◽  
Yevhen Bakhchevan ◽  
◽  
...  

The article reveals the features and advantages of the Scandinavian model of public order and security during mass events. One of the key elements of the new concept of public order protection is the introduction of «dialogue police». There are four points of view of this approach – first, get as much knowledge as possible about the composition of any crowd, second, learn to distinguish between different parts of the crowd and identify the possible risks, third, constant dialogue and communication with event organizers and crowd members and finally, assistance. The concept of public order is revealed. The legal basis for holding mass events in Ukraine is analyzed. It is established that the lack of a special law on holding mass events is one of the problems of realization of the Scandinavian model. According to the Article 39 of the Constitution of Ukraine, citizens have the right to assemble peacefully, without weapons and to hold meetings, rallies, marches and demonstrations, the holding of which is notified in advance to the executive authorities or local governments. Restrictions on the exercise of this right may be imposed by a court in accordance with the law and only in the interests of national security and public order – in order to prevent riots or crimes, to protect public health or to protect the rights and freedoms of others. According to the Decision of the Constitutional Court of Ukraine, relations in the field of holding mass events can only be regulated by law. To implement the basic principle of the «dialogue policing», which provides communication between the police and the organizers of mass events, it is important to establish a clear procedure for notification of such events. The necessity of adopting a special law on public events in Ukraine, as well as determining the procedure for notification of public events that must be submitted to the national police, has been substantiated.


2021 ◽  
Vol 7 (3) ◽  
pp. 225-254
Author(s):  
Rainer Keil

When, within the framework of a highly controversial debate of the early 1990s in Germany on the right to asylum, Winfrid Brugger argued, a human right to asylum could not be based on sound reason, he referred to the supposed impossibility of an imputation of the plight of refugees to certain foreign states. In more recent debates, similar arguments have been brought forward and formulated as a problem of imperfect or perfect duties and rights. Much earlier, in 1758, Emer de Vattel already had discussed the right to asylum as a right that has aspects of both an imperfect right and a perfect right. This has mostly been ignored in the recent debate. In this article, I try to show how de Vattel reasoned. His argumentation limited the otherwise strong sovereignty of states by referring to the reasons of the moral legitimacy of their powers. This led him to the result that the per se perfect right to asylum, imperfect in relation to specific states, can, if states collectively fail to admit a refugee in urgent danger, become a claim against a specific country in the shape of a perfect right to self-help. I will briefly try to reconstruct some of de Vattel‘s ideas with concepts of Ronald Dworkin and Robert Alexy. The difference between Dworkin’s rule and Alexy’s Regel becomes relevant for understanding de Vattel’s perfect and human right to asylum. In the end, I will briefly investigate how much of de Vattel’s thought depends on assumptions a XXIst century thinker would probably not be ready to suppose any more. It will become clear that de Vattel’s thought on asylum is mostly independent from rather controversial assumptions of his work; it fits rather well to some recent approaches limiting sovereignty by human rights and concepts of territorial justice.


2021 ◽  
Vol 76 (3) ◽  
pp. 62-68
Author(s):  
Albina Batechko ◽  

The article is devoted to the study of the peculiarities of the protection of the honor and dignity of the National Police of Ukraine. The notion of honor and dignity of a police officer is considered and analyzed. The author revealed the meaning of the terms «dignity» and «honor» and provided a definition of honor and dignity of police officers within the independence of these terms and pointed out the main difference between these concepts. The article identifies the current state of national and international legislation on the protection of honor and dignity. The main characteristics and indicators of professional honor and decent behavior of a police officer are given. It is noted that the real protection of the honor and dignity of police officers in practice is virtually ignored and, according to current statistics, offenses against the honor and dignity of police officers are indicators of latent crime. The experience of European countries, namely Poland and France on the mechanism of protection of personal safety and security of police officers is considered. The main provisions of the draft Law of Ukraine «On Amendments to the Code of Administrative Offenses of Ukraine to protect the honor and dignity of employees of the National Police of Ukraine, members of public formations for the protection of public order and the state border and servicemen» № 5050. It has been found that the honor of the police officer is a directly external assessment of the police officer from the society or the relevant social group, which characterizes the moral appearance of the entire personnel of the bodies and units of the National Police of Ukraine. The dignity of the police officer is the internal self-esteem of police officers as a moral personality that is significant for the environment, for society, and determining the significance of the police as a professional based on its achievements, self-esteem. The protection of the honor and dignity of the police as a citizen of Ukraine is carried out on general grounds and does not guarantee a certain level of protection during the execution of police officers.


2020 ◽  
Vol 76 (1) ◽  
pp. 13-18
Author(s):  
O. I. Bezpalova

The author has emphasized on the importance of strengthening the institutional capacity of local self-government agencies to address their challenges, including in the field of public safety, in particular by strengthening local security infrastructure. It has been stated that the urgent issue of the present time is to update the tools of interaction between the local population and the police to achieve a common goal – to ensure public order and safety at the regional level focused on the needs of citizens. It has been emphasized that it is currently important to use the positive foreign experience of organizing the work of the police agencies and units. On the basis of studying this experience it is advisable to implement pilot projects aimed at creating a safe environment for citizens, which should implement effective local security infrastructure. To this end, the project “Community Police Officer” was launched in 2019 as part of the reform of the National Police in Ukraine. Particular attention has been paid to the fact that the main purpose of the project “Community Police Officer” is to ensure close cooperation between police officers and amalgamated community, where police activities are primarily focused on the needs of the community. It has been argued that a characteristic feature of the project “Community Police Officer” is the focus on the introduction of a qualitatively and meaningfully new format of policing, where the needs of the community, local population should be in priority, which should be studied and ensured by keeping constant contacts between police officers and local population. The main innovations of this project have been analyzed. The powers of the community police officer and the district police officer have been differentiated. The key stages of the project “Community Police Officer” have been outlined. Specific features of training community police officers have been characterized, since it directly affects the effectiveness of their duties and the state of public order and safety within a particular amalgamated community. The peculiarities of evaluating the effectiveness of the community police officer’s work have been revealed. The author has emphasized on the importance of developing Regulations on the organization of community police officers’ work and developing an effective mechanism for elaborating the training programs for community police officers.


Author(s):  
Yuriy Velykyy

The article attempts to substantiate the expediency of changing the principles and methods of protection of public order by the police of Ukraine during mass events on the basis of European experience. The activities of the police to ensure public safety are considered in line with the application of three main practices (models): a) classical; b) an improved model of crowd behavior; c) models of «good practice». A detailed review of the models allowed us to trace the evolution of approaches to policing to ensure public order and security. The paper analyzes the research of scientists who have studied the «psychology of the crowd», analyzes the experience of the police of European countries during mass events and riots. The necessity of changes in the principles of work of the National Police of Ukraine on protection of public order has been determined. The concept of public safety and policing should be based on four key principles: 1) knowledge – possession of verified information about different groups of participants, their in-tentions, purpose, values and means of achieving the goal, as well as information about persons who may be considered as a source of risk; 2) assistance – a strategy of the police, aimed primarily at assisting the organizers and participants of the peaceful assembly in achieving their legal goal in a lawful manner; 3) communication – communication between the police and the organizers and participants of the peaceful assembly at all stages of its preparation and conduct to prevent conflicts, as well as the occurrence of possible offenses; 4) differentiation – consideration of participants in a peaceful assembly not as a crowd, but as a set of individuals who may have different views, objectives, goals and ways to achieve them.


Author(s):  
O. Kosilova

The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared. The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence. It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework. In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.


2020 ◽  
Vol 76 (1) ◽  
pp. 167-171
Author(s):  
O. Y. Shlomin

One of the modern technologies for training and developing individuals is a variety of trainings, including professionally-oriented ones. Since the training of modern police officers in higher educational institutions with specific learning conditions should focus on professional self-development of personality, formation and development of professional identity and other necessary personal and professional qualities, the aim of the study was to identify the effectiveness of training procedures on the dynamics of professional identity. Modern concepts of professional genesis, psychological theory of activity and the concept of genetic development of personality became the methodological basis of the study. It is noted that the developed and worked out program of comprehensive training to optimize the professional genesis of the employees of preventive units of the National Police consists of three modules and allows participants to solve problems (professional and life) situations during training exercises. It was found out that the training expands the knowledge of cadets on the professional identity of police officers, helps to deepen their knowledge of the prerequisites for professional formation and development, outlines their priorities in professional activities. It is established that after the training there is a positive dynamics of growth of both the level of professional identity of cadets in the whole and its individual components. In particular, the design-behavioral and motivational-value components of professional identity have been changed, which indicates about a clearer assessment of cadets’ professional plans, as well as clarity, independence in the process of building them, the desire to remain in the profession and to be successful there. The author has noted the cadets’ need for self-realization, the conformity of their personal and life values to the values of the profession and the professional community, the value of the chosen profession for them, the established emotional attitude of cadets to the chosen police profession and to themselves as its representative. It is expedient to use the received results of the research for drawing up the programs of psychological support of police officers at various stages of the professional genesis.


2020 ◽  
Vol 1 (2) ◽  
pp. 48-58
Author(s):  
Priya Tandirerung Pasapan

Attention to environmental issues is not only limited to local or national problems but also as an international problem. Protection of the environment has become a main agenda of the international community. This program based on the reality of various environmental pollution and damage events that have had a profound impact on human life. This article analyzes the relationship between the environment and human rights and the Indonesian government's policy to protect the environment. The purposes of this paper are to find out the correlation between human rights and the environment, and find out the policies of the Indonesian government in this regard. Through this article, it can be seen that the environment is an inherent part of human rights, which the right to a good and healthy environment is a human right. Furthermore, the Indonesian government has also taken steps and efforts in ensuring environmental protection, one of which is through legal instruments of the law.


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