scholarly journals Separate Aspects of Development of Confidential Collaboration Institute on the Territory of Ukraine in a Soviet Period

2019 ◽  
Vol 72 (1) ◽  
pp. 58-64
Author(s):  
V. M. Davydiuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Soviet Period ◽  
Soviet Power ◽  
Search Activity ◽  
Time Intervals ◽  
Distinctive Features ◽  
Soviet State ◽  
Experimental Approaches

A retrospective analysis of the organizational and legal provision of the work with confidents on the territory of modern Ukraine in the Soviet period has been carried out. Normative and legal regulation of the work with confidents during the reign of various Soviet leaders has been outlined. The experimental approaches in the work with secret apparatus, which were used in the 20s of the XX century in the Soviet state, have been revealed. The provision of the principle of offensive and conspiracy in the work of the agents of that time has been outlined. Some organizational and tactical methods of the work with confidents in different years have been revealed, their common and distinctive features have been singled out. The classification of secret apparatus by the categories in different periods of time has been provided. The serious influence of the personalities of the leaders of the Soviet state on the development of the system of secret work in general and the work with confidents, in particular, has been noted. The author has emphasized on the normative and methodological basis of the work with confidents during Stalinist times against the opponents of the regime; the author has noted the wide use of political search. The mechanism of ensuring safety of confidents has been revealed. The peculiarities of the work with confidents in the thaw and standstill periods have been studied. The disadvantages and advantages of the work with secret apparatus during certain time intervals have been outlined. The influence of the development of the science of operative and search activity on the system of secret work and its agent component has been also outlined. It has been stated that during the entire period of the existence of Soviet power the work with confidents was exclusively regulated by normative and legal acts of limited access and had a clear ideological basis. Only after Ukraine gained independence there were references in open normative and legal acts about the work with confidents, in particular, in laws and regulations. Some examples have been provided. The influence of the Soviet school of operative and search activity on law enforcement systems of the countries of the Socialist camp has been noted.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals The proportion between covert investigative actions and operative-search activities

2019 ◽  
Vol 2019 (3) ◽  
pp. 144-151
Author(s):  
Ардак Карл ◽  
Ardak Karl
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Main Tool ◽  
Legal Analysis ◽  
Search Activity ◽  
Criminal Cases ◽  
Criminal Process ◽  
Distinctive Features ◽  
Solution Methods ◽  
The Republic

The article deals with a study of the Institute of covert investigative actions, which effectively operates in the legal systems of a number of CIS member States. The author has conducted a comparative legal analysis of the covert investigative actions introduced in the code of Criminal procedure of the Republic of Kazakhstan, with operative investigative measures requiring its assessment. In this regard, the author highlights the essence, values, main identical and distinctive features of covert investigative actions and operative investigative measures, identifies problems of their practical application and offers the author’s opinion on the solution. Methods: The study is based on the fundamental dialectical methods, in particular, on the method of system analysis, as well as on the use of special legal methods, such as formal legal and comparative legal ones. Results: on the basis of a consistent comparison of the regulatory material and existing achievements in law enforcement, the most significant aspects that determine the place of the main tool of the operative-search activity – operative-search measures within and outside the criminal process are identified. It is stated that a reliable platform for a legal involvement and a wide use of forms and methods of operative investigative activity in the process of proving in criminal cases has been created and successfully applied in the criminal process of Kazakhstan.

Stalking: Classification and Typology

Stalking ◽  
2007 ◽  
Author(s):  
Debra A. Pinals
Keyword(s):  
Law Enforcement ◽  
Mental Health Professionals ◽  
Criminal Behavior ◽  
Psychiatric Symptoms ◽  
Legal Regulation ◽  
Classification Schemes ◽  
Treatment Considerations ◽  
Definition Of ◽  
The Given

Stalking, as currently conceptualized, is a complex phenomenon, and individual stalking cases can be quite distinct. Several authors have proposed classification schemes in an effort to discern and understand common themes among cases of stalking. These stalking “typologies” reflect both theoretical considerations and empirical examinations of persons whose behaviors have shaped the definition of stalking. Typologies have been constructed from clinical and law enforcement perspectives. Classification schemes to date have been broadly based on factors such as the motivation of the stalker, psychiatric symptoms among stalkers, the nature of the relationship between the pursuer and the victim, victim characteristics, and harm to the victim. These classifications have been conceptualized to assist with risk assessment, risk management, and treatment considerations in stalking cases. This chapter describes some historical underpinnings of classification categories, compares existing typologies of stalkers, and explicates the typological scheme adopted throughout this book. Over the last 15 years, stalking has become increasingly recognized as a distinctive form of potentially criminal behavior that may come to the attention of mental health professionals. At the same time that the criminal justice system has grappled with defining stalking for legal purposes, clinicians who encounter stalking behavior have attempted to create useful classifications of stalking behaviors. Attempts have also been made to develop taxonomies of stalking types that might guide law enforcement professionals. Taxonomic classifications are common in science and, when they are successful, they help us organize and identify unique aspects of information and refine our understanding of the given phenomenon under study. Setting up a system of classification of stalking, a behavior that is difficult to define and codify, has several advantages. Once established, a useful taxonomy of stalkers could improve communication among professionals and could help them better appreciate aspects of stalking, including the natural course of the behavior and prognosis of particular stalkers. In addition, taxonomic categorization can facilitate case comparisons and improve clinicians’ abilities to assess risks, manage risks, and provide treatment. Stalking typologies may also enlighten decisions about social policy and legal regulation related to the phenomenon.

scholarly journals Subjects and Objects of Town-Planning Legal Relations

2020 ◽  
Vol 1 (12) ◽  
pp. 53-61
Author(s):  
O. A. Romanova
Keyword(s):  
Law Enforcement ◽  
Urban Planning ◽  
System Analysis ◽  
Legal Regulation ◽  
Town Planning ◽  
Planning Activity ◽  
Scientific Analysis ◽  
Scientific Significance ◽  
Further Development

The article substantiates the relevance of scientific analysis of the composition of town-planning relations for further development of legal regulation of town-planning and increase in efficiency of law enforcement activities in the field of urban planning. Based on the study of scientific sources, the author concludes that there is insufficient legal research in the field of legal regulation of urban planning. The paper shows the legal and scientific significance of studying the composition and specifics of town-planning relations for the further development of town-planning legislation and the formation of town-planning law. On the basis of the system analysis of the current town-planning and related legislation, the author provides for the legal characteristics of subjects and objects of town-planning legal relations taking into account the specifics of urban planning activity depending on their particular type, their features, problems of definition and identification, differentiation from related legal relations. The author proposes a possible classification of subjects and objects of town-planning relations depending on the type of town-planning activity and their nature.

scholarly journals Factors influencing national policy in operational-search activities

2020 ◽  
Vol 2 (2) ◽  
pp. 287-294
Author(s):  
Oleksandr Mishchanynets
Keyword(s):  
Law Enforcement ◽  
State Policy ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Search Activity ◽  
New Approach ◽  
Factors Influencing ◽  
Priority Direction ◽  
Further Development

The factors influencing the state policy in the field of operational-search activity have been studied. The author has noted that the reforms taking place in the law enforcement area have laid a new approach to combating crime, as the traditional perception of crime and combating it is changing. Combating crime requires, first of all, modern, perfect regulatory support. And first of all it concerns the sphere of operative-search activity as a priority direction of counteraction to crime. In this regard, the priority area of research is public policy, which takes place in the field of op-erational and investigative activities. Therefore, the purpose of the article is to identify the factors that influence the state policy in the field of operational and investigative activities and highlight the directions of formation of this policy. It is emphasized that this list is not exhaustive and can be supplemented, which, in turn, further determines the need for further in-depth scientific research in this area. Factors influencing the state policy in the field of operational and investigative activities should be taken into account when forming a single Concept of legal policy, which would reflect a holistic system of leading official views on its essence and content, would determine the priorities for further development. The development of the Concept of the state policy in the field of operative-investigative activity will make it possible to ensure the adoption of a system of laws that provide a complex, logically consistent legal regulation of certain phenomena of public life.

Tax Policy as a Function of the Russian State

2020 ◽  
pp. 106-112
Author(s):  
D. A. Shvets
Keyword(s):  
Law Enforcement ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Judicial Practice ◽  
Russian State ◽  
Legal Nature

In the article the main problems of the system of fiscal payment as part of the functions of the state in terms of tax policy related to the lack at legislative level accurately built system of fiscal charges, in connection with which law enforcement and judicial practice, there are ambiguities in the resolution of problems related to the choice of the mode of legal regulation of the said payments. There are also some problems with the classification of fiscal charges. The existing procedure for regulating fiscal fees should be changed through the incorporation of fiscal fees in the tax code, which is primarily due to the need to apply in the legal regulation of payments identical in their legal nature of uniform rules, as well as the requirements of paragraph 5 of article 3 of the tax code.

Classification of copyrighted objects

2021 ◽  
pp. 126-132
Author(s):  
Iryna Malinovska
Keyword(s):  
Law Enforcement ◽  
Original Work ◽  
Systematic Approach ◽  
Three Dimensional ◽  
Main Body ◽  
Distinctive Features ◽  
Creative Contribution ◽  
Definition Of ◽  
At Will

Formulation of the problem. The article is devoted to the classification of copyright objects. Researchers' views on the division of different works into relevant types and groups are analyzed. It is emphasized that copyright objects are in constant dynamics, due to globalization, development of scientific and technological progress, social networks. Recent research on the topic. The characteristics of copyright objects were addressed by the same researchers as O.E. Abramov, I.I. Vishchynets, O.V. Zhilinkova. O.O. Odintsova. O.O. Shtefan, R.B. Shishka, N.E. Yarkina. M.M. Yasharova, etc. Despite their contribution to the development of the concept of the object of copyright, an updated study of the classification of copyrighted objects by them is not offered in full. The purpose. To investigate and analyse the characteristics and features of copyrighted objects, to distinguish their common and distinctive features that are important for the classification of copyrighted objects. Article’s main body. It was established that for the objects of copyright remains unchanged what they are: should be the result of human creative activity; have novelty, originality, as inherent properties of creativity; characterized by fixation, which at the same time should be static, which complicates further changes to the object; free from the structure of the content, which can be varied in its content; objects regardless of the fact of publication. It is noted that there are changes in the legislation of Ukraine on expanding the list of copyright objects. Separately, the issue of original and derivative works was investigated. Certain feature of composite works. It is noted that the definition of the original work and its inherent features in the Law is important in terms of ensuring a unified systematic approach to law enforcement activities for both derivative works and part (title) of the work. On the basis of the above proposed the following classification of copyright objects: depending on the creative nature of the work, copyright objects may be divided into: original (created exclusively in the form of personal creative contribution of the author) and derivative works (creativity consists in searching, combining the creative achievements of other authors); in the objective form of expression: oral, written, electronic, three-dimensional; according to the criterion of the internal content of the work: simple (covering structurally one object) and complex (may consist of different objects of copyright); depending on the characteristics of the processing of the original work: objects of holistic processing of works and objects of partial processing (processing of excerpts of various works); depending on the nature of financial support, copyright objects may be divided into: objects created on the basis of state order, created on the basis of private orders or financed personally by the author at will; depending on the possibility of distinguishing homogeneous elements of the work into: dividing and indivisible works.

scholarly journals DETERMINATION OF PREMEDITATED MURDER FROM SUICIDE AND ACCIDENT: THEORETICAL AND METHODOLOGICAL APPROACHES

2021 ◽  
Vol 75 (2) ◽  
pp. 88-95
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Distinctive Features ◽  
The Subject ◽  
Methodological Approaches ◽  
Legal Fact ◽  
Subjective Side ◽  
Incorrect Classification

The article considers topical issues of definition and qualification of premeditated murder. Intentional homicide has been shown to be distinguished from related and externally similar events, such as suicide and accident. This issue is especially relevant given the fact that a person who committed premeditated murder may knowingly seek to create an environment for incorrect classification of the act. Therefore, it is not possible and not necessary to draw unambiguous conclusions about the legal qualification of such an event solely due to objective circumstances, despite the sometimes obvious nature of the event. The author identified a number of common and distinctive features that should be taken into account by law enforcement agencies during the qualification of an event involving a violent death. An example is the presence and clarity of the reasons for which a person may have committed a probable suicide. However, it is stated that a person's subjective attitude to the act and external signs should be considered only in conjunction with other circumstances. The author also considers certain features of the object, subject, objective and subjective side of premeditated murder, which will be key in resolving the issue of qualification. It was found that the essential features of premeditated murder are its illegality and the intention to take the life of another person, is only in the presence of both of these factors can a legal fact be interpreted as premeditated murder. There are certain signs of an accident that distinguish such an event from premeditated murder. The key is the absence of any form of guilt on the part of the perpetrator. The author also identified a number of features in the presence of which the qualification of the act as premeditated murder should be excluded, for example, the case when the subject of the act and the victim are one and the same person.

scholarly journals Certain problems of legal regulation of the activities of operational police units

2020 ◽  
Vol 2020 (2) ◽  
pp. 165-171
Author(s):  
Igor' Skokov
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Point Of View ◽  
Federal Law ◽  
Search Activity ◽  
Legal Method ◽  
History Of ◽  
The Law ◽  
The Right

Introduction. The article deals with the history of the law enforcement and alteration to certain provisions of the Federal law «On police» from 07.02.2011 № 3-FZ. Goal. The purpose of the work was to evaluate certain provisions of the Federal law «On police» and the Federal law «On operational and investigative activities» from the point of view of operational search activity and on the basis of a comparative legal method of cognition of normative acts regulating the process of law enforcement and operational search activity. To identify the problems of the interaction of these laws. The article presents inconsistencies between the provisions of the Federal law «On police» and the Federal law «On operational and investigative activities». Results. As a result of the work, the author identified and attributed to the number of problematic provisions concerning the right of police officers to conduct operational search activities, the right to enter the homes of citizens, and some others. The author’s suggestions for amendments to the law «On police» are given, and the need for further research aimed at eliminating the identified shortcomings and solving the problems under consideration is determined. The author comes to the conclusion that the timely elimination of the shortcomings of the legal relationship between the Federal law «On police» and the Federal law «On operational and investigative activities» in the context of regulating the activities of operational police units will only increase the efficiency of the organization of operational and investigative activities of the internal affairs bodies.

scholarly journals Problems of Legal Regulation of the Use of Service Dogs by Federal Executive Bodies in the Fight against Crime and Terrorism

2021 ◽  
Vol 4 ◽  
pp. 7-11
Author(s):  
Oleg O. Kovalenko ◽  
◽  
Igor V. Shulgin ◽  
Keyword(s):  
Law Enforcement ◽  
Professional Competence ◽  
Legal Regulation ◽  
Service Dogs ◽  
Law Enforcement Agencies ◽  
Special Services ◽  
The Status

The problems of legal regulation of the use of service dogs in the fight against crime and terrorism are considered, their role and importance in solving operational and combat tasks by law enforcement agencies and special services. There are suggestions on the need to expand the professional competence of specialist cynologists, clearly define the status and classification of service dogs by type of activity.

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