scholarly journals PHILOSOPHICAL AND LEGAL FORMATION OF DEONTOLOGICAL PRINCIPLES OF LAW ENFORCEMENT: A RETOSPECTIVE OF THE IDEAS OF JEREMY BENTHAM

2021 ◽  
Vol 12 (2) ◽  
pp. 39-44
Author(s):  
Оlena Savayda ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Main Idea ◽  
Law Enforcement Officers ◽  
Moral Dimension ◽  
Law Enforcement Agencies ◽  
Social Mission ◽  
Professional Activities ◽  
The Right

The article analyzes the historiography of the development of deontological knowledge and examines the main scientific works of the English philosopher and jurist Jeremiah Bentham, which are devoted to the problems of deontology. The main basic criteria set by a scientist for the professional component through the prism of moral requirements and various types of culture are considered, and attention is drawn in particular to the deontological foundations in law enforcement activities. We are talking about the need for law enforcement officers to realize the importance of their social mission as Guardians of law and freedom, who are obliged to risk their own lives in countering crime and offenses, and prevent violations of the rights and freedoms of citizens in their professional activities. This requirement of the deontological foundations of law enforcement has both a legal and moral dimension. Exploring and revealing the content of deontological foundations, attention is focused on the two main social regulators of social relations as morality and law. It is also noted that Ukraine, along with other European countries in its arsenal in the regulation of social relations has common values (meaning democratic, legal values), such as good (according to Je. Bentham), which is equated to natural and legal values. Therefore, in their professional activities and the regulation of public relations (especially conflicts), first of all, law enforcement agencies must adhere to such a specified value as good. The main theory of Je. Bentham – utilitarianism is also mentioned. The main idea of which is what needs to be done for the greatest happiness of the greatest number of people. And therefore, to denote the utilitarian system of ethics Je. Bentham introduces such a new concept as "deontology" – the doctrine of the right, proper (not only in life but also in professional activities).

THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR

2020 ◽  
Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
75Th Anniversary ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Soviet People ◽  
Great Patriotic War ◽  
Principle Of Legality

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.

scholarly journals Essence and significance of legislation systematization in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 101-106
Author(s):  
Nataliya Obushenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Effective Means ◽  
Legal Education ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Effective Implementation ◽  
The Right ◽  
Further Development

The article highlights that the systematization of legislation is an essential measure on the path to European integration of our country, as well as that the systematization allows improving and streamlining legislation for ease of application and effective implementation in practice. The article reveals that the role of systematization of legislation is to create all the necessary conditions for its further development, to get rid of gaps and shortcomings in it and to ensure its internal unity. The article clarifies that the systematization of legislation creates opportunities to quickly find and correctly interpret all the necessary regulations, which provides a purposeful and effective legal education of society. Systematization of legislation becomes important in reviewing the sources of law, orientation in the system of legislation, for the adoption of new regulations by law enforcement agencies in coordination with all regulations, addressing obsolete acts and finding the most effective means of regulatory regulation of public relations. In the article, the systematization of legislation should be understood as a set of organizational and legal actions defined by the current legislation of Ukraine, which is carried out by authorized public authorities to bring existing regulations into a single internally coordinated system that improves overall efficiency. Systematization is a process of organizing individual elements, creating the right conditions for them to cooperate and interact with each other. Systematization is one of the main factors of purposeful and effective legal education (formation of legal awareness) and research in the field of student education.

scholarly journals To the question about the problems of the application of the norms model legislation: foreign experience

2019 ◽  
pp. 61-64
Author(s):  
Dmitrij Domrachev ◽  
Andrey Kirillovyh
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Systems ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Foreign Experience ◽  
Domestic Legislation ◽  
The Right

The article deals with the essence of model legislation acts, as well as their place and role in the regulation of social relations within the legal systems of national legislation. As materials for research normative legal acts, decisions of law enforcement agencies, acts of official interpretation of the right and the doctrinal positions stated in scientific sources are used. The main problems and prospects of development of the mechanism of implementation of model legislation in the domestic legislation of states.

scholarly journals Deviant behavior of employees of internal affairs bodies: experience of dialectical assessment

2021 ◽  
Vol 2021 (1) ◽  
pp. 151-163
Author(s):  
Sergey Milyukov ◽  
Andrey Nikulenko
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Deviant Behavior ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Point Of View ◽  
Practical Implementation ◽  
Law Enforcement Agencies ◽  
The Right

In modern Russia, the problem of countering socially dangerous manifestations acts as a national project that proclaims the right of citizens to safe living conditions. Much attention is paid to the ability of law enforcement officers to resist criminal expansion legally, to be able to protect themselves and others by means of legal use of force against persons who commit socially dangerous encroachments. Guided by the concept of deviance, the authors made an attempt to analyze the problem of lawful behavior by law enforcement officers, primarily police officers. The researchers came to a reasonable conclusion about the need to adjust the current state of affairs. The legislation and the practice of its application cannot satisfy the interests of representatives of law enforcement agencies engaged in official activities for the protection of public order and ensuring of public safety. Imperfect legislation is the main reason of deviant behavior of police officers who are in permanent stress situations. Their abundance also provokes deviant behavior of police officers, which sometimes manifests itself in extreme brutality towards lawbreakers. From our point of view, the current norms of the Criminal Code of the Russian Federation, primarily the norms of Chapter 8, are not clear enough. Moreover, their legislative wording is far from being perfect and gives the opportunity to shift the blame for causing harm to persons who do it in circumstances that exclude the criminality of the act. The proposed careful adjustment of the norms of criminal legislation will significantly increase the effectiveness of their practical implementation, instill confidence in the consciousness of police officers about the importance and possibility of offensive legitimate steps to influence crime, as well as to increase their legal protection.

scholarly journals enforcement reform in Ukraine – a one-time phenomenon or a constant process?

2020 ◽  
Vol 5 (5) ◽  
pp. 92-96
Author(s):  
Oleksiy Bochkovyi ◽  
Liusia Mozhechuk
Keyword(s):  
Law Enforcement ◽  
Pension Reform ◽  
Law Enforcement Officers ◽  
Case Law ◽  
Scientific Article ◽  
Law Enforcement Agencies ◽  
The Right ◽  
Key Aspects ◽  
National Police

The scientific article examines the effectiveness and prospects of reforming law enforcement agencies of Ukraine. Issues that arose during the implementation of such a reform, which in turn affected the effectiveness of law enforcement in Ukraine, were highlighted. The issue of introduction of the project «Police detectives» is investigated. The meaning of the concept «police detectives» is revealed, the peculiarities of their work and results are given. Emphasis is placed on the need to make appropriate changes to existing regulations in connection with the reform, as most provisions aren’t consistent with each other or don’t fully regulate certain legal relations. Emphasis is placed on pension reform in Ukraine, highlighting key aspects of such reform. Par-ticular attention was paid, in particular, to the issue of pensions for employees of the National Police in the context of the reform, analyzed the regulations governing legal relations in this area. The problematic aspects of the exercise of the right to a pension by former law enforcement officers, in particular the pay-ment of pensions under the new recalculations, are highlighted. Specific examples from case law on the violation of the right to adequate pension provision are given.

scholarly journals Illegal crossing of the State Border of Ukraine: some aspects of elements of crime

1970 ◽  
pp. 315-320
Author(s):  
Yurii Kuryliuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Precise Determination ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public

The article analyzes elements of the crime covered by the Article 332-2 of the Criminal Code of Ukraine, establishing criminal liability for illegal crossing of the State Border of Ukraine, and also discloses peculiarities of the criminal legal qualification of this action. It is determined that as the patrimonial object of the crime under the Article 332-2 of the Criminal Code of Ukraine should be considered homogeneous social relations, covering a certain sphere of the public life that is the border security of Ukraine, violation of which causes socially dangerous harm to the components of this sphere that is defense of the State and its border protection, sovereignty, territorial integrity and inviolability. The direct object of this crime is the public relations, which provide for the normatively established and regulated procedure for crossing the State Border of Ukraine. It has been established that the procedure for crossing the State Border of Ukraine may manifest itself in several forms: 1) by any means (by foot, by auto transport, by swimming etc.) outside the checkpoints across the State Border of Ukraine; 2) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine without the relevant documents; 3) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine with the documents, containing inaccurate information. Should not be underestimated the blanket nature of the disposition of the mentioned article that requires precise determination of the relevant regulatory acts, determining the list of documents that are necessary for crossing the State Border of Ukraine by a certain category of people, and also confirm the fact of opening a specific checkpoint across the State Border of Ukraine. The disposition of the Article 332-2 of the Criminal Code of Ukraine defines several groups of subjects, in particular: 1) a person who is prohibited from entering the territory of Ukraine; 2) a representative of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor; 3) a person with the aim to illegally cross the State Border of Ukraine for harming the interests of the State. Moreover, it was established that the aim for “harming the interests of the State” is not necessary for the illegal crossing of the State Border of Ukraine by persons who are prohibited from entering the territory of Ukraine, or by representatives of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor. The criminalization of the illegal crossing of the State Border of Ukraine is an important aspect of creating conditions for the proper protection of the vital interests of an individual, the society and the State from real and potential external and internal threats in the border space of Ukraine.

Criteria for distinguishing vandalism from a minor act

2021 ◽  
pp. 486-499
Author(s):  
Yuri D. Nalimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Points Of View ◽  
The Right ◽  
A Minor ◽  
Dialectical Analysis

When qualifying vandalism, law enforcement officers often experience difficulties in distinguishing a criminal act from a minor one, which formally contains signs of a crime, but does not pose a public danger. Due to the evaluation of the signs of both vandalism and the insignificance of the act, there is a high probability of qualification errors in which insignificant acts are recognized as criminal, or on the contrary, the actions of persons who committed vandalism are recognized as unapproachable. To date, there is no single doctrinal opinion defining the criteria of insignificance, a similar situation is observed in judicial and investigative practice. For these reasons, the topic is relevant and requires a comprehensive analysis. The purpose of the study is to consider the points of view of researchers of interest to the science of criminal law and law enforcement officers. The tasks are to establish rules for the qualification of criminal and insignificant vandalism, which contribute to the adoption of the right decision by law enforcement subjects, to make scientifically based proposals for the application of Article 14, Part 2 of the Criminal Code of the Russian Federation, in relation to acts that formally fall under the signs of a crime under Article 214 of the Criminal Code of the Russian Federation. During the research, the following methods are used: dialectical, analysis, synthesis and sociological. As a result of the analysis, the most common mistakes made by the law enforcement officer are identified, the points of view of scientists on the qualification of vandalism are considered. Signs of insignificance were also investigated, taking into account practical and doctrinal positions. As conclusions, the signs of insignificance are proposed, which are subject to establishment by law enforcement agencies, in order to correctly qualify vandal actions.

ABOUT THE MEANING OF THE PERSONAL TYPOLOGIES OF A CORRUPT OFFICIAL

2021 ◽  
pp. 35-40
Author(s):  
Александр Сергеевич Колмаков
Keyword(s):  
Law Enforcement ◽  
Research Work ◽  
Law Enforcement Officers ◽  
Scientific Work ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Corrupt Official ◽  
Professional Activities ◽  
Law Enforcement Officials

В статье приводится авторский взгляд на формирование причин и условий совершения коррупционных правонарушений сотрудниками правоохранительных органов. Анализируется криминологическая характеристика личности лиц, совершивших преступления коррупционной направленности, рассматриваются особенности квалификации составов ст. 290, ч. 3 ст. 159 УК РФ. Выделяются особенности личности коррупционера, детерминанты, присущие работникам правоохранительных органов первых годов службы. Ключевым в настоящей работе видится анализ возможных коррупционных проявлений, сопутствующих профессиональной деятельности сотрудников правоохранительных органов. Автором выделяются основные проявления, предлагается их авторская классификация . Целью работы выступает анализ и выделение авторской позиции типологии личности преступника-коррупционера в правоохранительных органах. Методами исследования являются: сравнительно-правовой, формально-юридический, конкретно-социологический, анализ. Основные результаты, выводы исследовательской работы: обосновывается важность установления факторов, влияющих на формирование личности преступника-коррупционера, причины и условия, способствующие совершению коррупционных деяний на правоохранительной службе; определены основные направления и предложения по формированию научной составляющей криминологической характеристике личности преступника-коррупционера. Данная научная работа может внести вклад в развитие криминологических взглядов на типологию личности преступника-коррупционера для дальнейшего формирования профилактических мер совершения коррупционных правонарушений. The article provides the author's view on the formation of the reasons and conditions for committing corruption offenses committed by law enforcement officials. The criminological characteristics of the personality of persons who have committed corruption-related crimes are analyzed, the peculiarities of the qualifications of the compositions of Art. 290, part 3 of Art. 159 of the Criminal Code of the Russian Federation. The features of the personality of a corrupt official, the determinants inherent in law enforcement officers in the first years of service are highlighted. The key in this work is the analysis of possible corruption manifestations accompanying the professional activities of law enforcement officers. The author highlights the main manifestations, suggests their author's classification. The aim of the work is to analyze and highlight the author's position of the typology of the personality of a corrupt criminal in law enforcement agencies. The research methods are: comparative legal, formal legal, specific sociological analysis. The main results, conclusions of the research work: substantiates the importance of establishing the factors influencing the formation of the personality of a corrupt criminal, the reasons and conditions conducive to the commission of corruption acts in the law enforcement service; the main directions and proposals for the formation of the scientific component of the criminological characterization of the personality of a corrupt criminal are determined. This scientific work can contribute to the development of criminological views on the typology of the personality of a corrupt criminal for the further formation of preventive measures for committing corruption offenses.

scholarly journals Justification of Hand-to-Hand Combat – a Service-Applied Sport as an Element of Special Physical Training of Law Enforcement Officers

2021 ◽  
Vol 6 (6) ◽  
pp. 316-325
Author(s):  
Y. A. Radchenko ◽  
◽  
O. V. Nikitenko ◽  
Keyword(s):  
Law Enforcement ◽  
Theoretical Analysis ◽  
Physical Training ◽  
Martial Arts ◽  
Law Enforcement Officers ◽  
Scientific Data ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Competitive Activity ◽  
Different Types

The purpose of the study was to substantiate the effectiveness of hand-to-hand combat as a service-applied sport in the process of physical training of law enforcement officers. Materials and methods. Theoretical analysis of scientific and methodical literature, generalization of scientific data of modern approaches to the organization of the process of special physical training of law enforcement officers, pedagogical observations and pedagogical experiment were used. To determine the operational composition of technical and tactical actions used by law enforcement officers in their professional activities and differences in martial arts on various grounds, an analysis of video materials of competitions among law enforcement agencies in hand-to-hand combat from the section "Demonstrations of applied equipment" of hand-to-hand combat in 2019-2020 was used. Results and discussion. The use of hand-to-hand combat - service-applied sport as an element of special physical training of law enforcement officers is substantiated. It is established that the distinguishing feature of hand-to-hand combat as a sport and part of special physical training of law enforcement officers is the presence of directions of work with weapons (stick, knife, pistol, machine gun), counteraction to several attackers and the use of an element of surprise (unexpected attack). The operational composition of the means used by law enforcement officers in their professional activities and athletes in different types of martial arts and the differences between the types of martial arts by different distinctions are determined. Conclusion. Hand-to-hand combat is a unique service-applied sport, which consists of sections "Demonstration of applied equipment" and "Duels". A distinctive feature of hand-to-hand combat as a sport and part of special physical training of law enforcement officers is the presence of areas of work with weapons (stick, knife, pistol, machine gun), resistance to several attackers and the use of an element of surprise (unexpected attack). The content of competitive activity in the section "Demonstration of applied equipment" of hand-to-hand combat fully corresponds to the specifics of solving operational and service tasks without the use and with the use of weapons by law enforcement officers. The operational composition of the means used by law enforcement officers in their professional activities and athletes in various martial arts (hand-to-hand combat, combat sambo, pankration) are identical, which in turn allows in the process of special physical training of law enforcement officers to conduct classes in these martial arts. According to the main features that distinguish different types of martial arts (clothing, allowed and prohibited by law ways to achieve advantage, the position in which to fight, the size and features of the site, the time allotted for technical and tactical actions) hand-to-hand combat is most suitable for special physical training, training of law enforcement officers. It is proved that hand-to-hand combat is the most suitable type of martial arts for special physical training of law enforcement officers

EXPERIENCE OF FOREIGN COUNTRIES IN THE FIELD OF ORGANIZING ACTIVITIES FOR THE PROTECTION OF PUBLIC ORDER WITH SERVICE DOGS

2021 ◽  
pp. 76-78
Author(s):  
С.А. Лукашев
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Public Order ◽  
Service Dogs ◽  
Law Enforcement Agencies ◽  
Foreign Countries ◽  
Special Means

В статье рассматривается такой вид специальных средств, как служебные собаки, которые используются сотрудниками правоохранительных органов зарубежных стран при охране общественного порядка. This article addresses the type of special means such as service dogs, which are used by law enforcement officers of foreign countries in public order. There were analyzed cases of their use by various law enforcement agencies in consideration of this topic.

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