scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

scholarly journals SOME ISSUES OF PENSION PROVISION FOR POLICE OFFICERS

2020 ◽  
Vol 73 (4) ◽  
pp. 44-52
Author(s):  
Liubov Knyazkova ◽  
◽  
Ivan Ivanov ◽  
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Executive Branch ◽  
Legal Regulation ◽  
The State ◽  
Law Enforcement Agencies ◽  
Length Of Service ◽  
The Law ◽  
Legal Security ◽  
National Police

The article deals with the research of the issues of pension provision for police officers as a component of their social security. Since the category of police employees is new to Ukraine, its significance for labour law and, accordingly, the value of the police for the society, whose citizens they protect, has been characterized. An analysis of statutory acts regulating the pension provision for law enforcement bodies' employees has been carried out. The concept of a seniority pension for police officers has been defined as a monthly payment from the Pension Fund of Ukraine intended to compensate for lost pay and allowances and granted upon resignation for the purpose of maintaining living standards of citizens having the seniority of a specified duration in law enforcement bodies, the National Police, the Court Protection Service, the State Fire Protection Service, the State Service of Ukraine for Special Communications and Information Protection, bodies and divisions of the Civil Protection Service, the Tax Police or the State Penitentiary Service of Ukraine, whose occupational incapacity is presumed to set in before they reach the retirement age established by law for awarding an old-age pension. The author proposes the adoption of a new law on pensions precisely for police officers. For in contrast to the definition of Militia (the name the police were called in the Soviet Ukraine and during a number of the post-Soviet years) as an armed body of the executive branch, the Law of Ukraine "On the National Police" defines the police as a central body of the executive branch that serves the society by ensuring the protection of human rights and freedoms, combating crime, maintaining public security and order. According to the author, the legal regulation of the pension provision for servicemen and police employees by a single statutory act (law) does not correspond to the realities of today. Conclusions have been formulated on supplementing the Law of Ukraine "On the National Police" with the provision that restrictions of guarantees of social and legal security of the law enforcement bodies' employees shall not be allowed when adopting laws and bylaws, as well as when making decisions by law enforcement agencies of the state. Special attention has been paid to calculating the amount of police officers' seniority pension. The procedure for determining the amount of pension depending on the length of service has been analysed. The author believes that lowering the limit of the seniority pension for law enforcement bodies' employees, including police employees, initially from 90 down to 80 per cent and then from 80 down to 70 per cent of their pay and allowances is a violation of the Constitution of Ukraine. Constitutional rights and freedoms are guaranteed by the state and cannot be revoked when adopting new laws or amending existing ones. No narrowing of the content and scope of existing rights shall be allowed. The author proposes to work out a new Procedure for recalculating pensions granted to police officers. Outdated statutory acts governing the procedure for recalculating pensions granted to law enforcement bodies' employees contain controversial provisions, have conflicting points, do not comply with the Constitution of Ukraine and the realities of today, and are therefore subject to repeal.

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 Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

scholarly journals UKRAINIAN LEGISLATION ON PREVENTION AND COMBATING CORRUPTION OFFENSES

2019 ◽  
pp. 14-22
Author(s):  
O.I. Nikitenko ◽  
A.A. Samoylovych
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Ongoing Research ◽  
Modern Development ◽  
Illegal Acts ◽  
The Government

The article considers the evolutionary progress of the adoption of legislation in Ukraine on anti-corruption, starting with the Declaration of independence of the state, defined the essence of the state policy in combating analyzed the chronology of the stages of the legislative anticorruption acts-the conduct of ongoing research, observations of anti-corruption activities of law enforcement agencies is very important in the context of the modern development of Ukraine. During the years of independence of Ukraine was formed anti-corruption legislation, including normative legal acts in this sphere with the purpose of administrative and legal counteraction of corruption. The development of anti-corruption legislation in the period from 1991 to 1996, i.e. prior to the adoption of the Constitution of Ukraine of 1996 to 2004, a period which can be called the constitutional stage, and from 2004 to the present as a period of reform to counter corruption. This indicates that continuous changes in the administrative-legal regulation in the sphere of counteraction of corruption in Ukraine, the implementation of reform processes in law enforcement depends on the nature of government tasks and functions to ensure internal security of Ukraine, forms and methods of the professional activity of the bodies which carry out law enforcement or law enforcement function the article Also paid attention to how the state of corruption is influenced by organized groups and how the government is trying to counteract them. Specified on the weakness of preventive (preventive) measures regarding corruption and illegal acts. The Constitution does not specify what illegal acts are such, but some standards testify the protection of the rights and freedoms of natural and legal persons from such acts, but dedicated circle of individuals who have limitations with the passage of the civil service and local government. On the basis of the conducted research the conclusion about the need for effective legal mechanisms for fighting corruption and improving relevant legislation. Keywords: Сonstitution, anti-corruption policy, anti-corruption legislation, corruption, anticorruption.

scholarly journals FOREIGN NEWS IN THE FIELD OF CRIMINALISTIC TECHNOLOGY

2020 ◽  
pp. 361-371
Author(s):  
O. Yakovlev ◽  
B. Lukianchykov ◽  
O. Svirin ◽  
O. Mykytenko
Keyword(s):  
Law Enforcement ◽  
Biological Fluids ◽  
Law Enforcement Agencies ◽  
Subsequent Work ◽  
Criminal Offenses ◽  
High Level ◽  
National Police ◽  
Explosive Devices ◽  
Material Evidence ◽  
The Revolution

After the Revolution of dignity and the reform of the National Police, the number of criminal offenses committed in our country unfortunately remains at a high level. This is confirmed by the statistics provided on the website of the Office of the Prosecutor General of Ukraine. Therefore, the total number of all registered criminal offenses in Ukraine amounted to 565 182 in 2015, 592 604 in 2016, 523 911 in 2017, 483 133 in 2018, 444 130 in 2019. At present, one of the priority areas of the law enforcement bodies of our state is the investigation of criminal offenses against participants in the Revolution of Dignity, as well as crimes committed in the areas of environmental protection, which is emphasized by the country’s leadership and the directed expectations of ordinary citizens. During the commission of grave and especially grave criminal offenses, law enforcement officers confiscate a variety of material evidence, among which quite often there are used cartridges, bullets, remnants of explosive devices, burned cars, etc. heating (for example, sleeves after a shot). That is why, more and more often, there is a need for constant updating of modern forensic technology and methods for its use and the introduction of the positive experience of law enforcement agencies of foreign countries in the investigation of crimes and subsequent work with material evidence in the framework of forensic examinations. The seizure of such material evidence as fingerprints or biological fluids of the offender’s personality are the most significant evidence in court, subject to the positive conclusions of the examinations carried out on these traces, which will allow to identify the person and prove his involvement in the commission of a criminal offense. The use of forensic technology in the detection and investigation of hidden fingerprints and biological fluids in the investigation of crimes is the subject of the work of such domestic and foreign scientists as V. P. Bakhin, R. S. Belkin, P. D. Bilenchuk, M. S. Bokarius, V. G. Goncharenko, I. V. Mountains, A.V. Ishchenko, E. P. Ishchenko, V. A. Kolesnyk, V. K. Lysychenko, M. M. Lysova, E. D. Lukianchykov, A. V. Oderii, O. A. Parfylo, M. A. Pohoretskyi, M. V. Saltevskyi, T. A. Sedovoi, V. S. Kuzmicheva, M. Ya. Sehai, V. V. Tyshchenko, V. Yu. Shepitko, N. E. Shumylo, M. G. Shcherbakovskyi and other scientists.

scholarly journals Peculiarities of the tactics of commissioning forensic tax audit

2020 ◽  
pp. 1-12
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Economic Entity ◽  
Interdisciplinary Approaches ◽  
Tax Audit ◽  
The Government ◽  
Structural Methods

The subject of this article is the scientific and organizational-methodical patterns of forensic audit in conducting research on the objects of accounting processes of an economic entity, which describe records on the due and listed tax obligations seized by the Federal Tax Service to the government and (or) municipal formations. Special attention is given to the tactics of assigning such research in the criminal proceedings. In the course of this study, the author applied the comparative-analytical and system-structural methods of scientific cognition, as well as interdisciplinary approaches, since the study required knowledge of procedural and substantive law, forensic science, theory of forensic audit, economics and normative legal regulation regulation of the accounting processes of economic entities, which determined comprehensive character of this research. The author attempted to examine the forensic tax audit as an independent type of economic audit, which includes subject, object, goals and scientific-methodical recommendations for law enforcement agencies in commissioning such audits. The article describes the fundamental principles of private theory of forensic tax audit, which did not receive due attention within the scientific literature. The proposed recommendations are aimed at unification of investigative and judicial practices on commissioning and assessment of application of the results of forensic tax audit.  A comprehensive perspective upon the forensic tax audit and its current status is essential for its implementation by investigators, courts or investigating officers in criminal proceedings. The result of this work lies in formulation of recommendations for law enforcement agencies on the peculiarities of tactics used in commissioning forensic tax audit to state and non-state forensic audit institutions relating to peculiarities of preparing the objects of investigation, specificity of questions submitted to resolution by a forensic expert. A list of questions for forensic tax audit is presented.

scholarly journals Administrative Supervision of the National Police of Ukraine

2021 ◽  
Vol 81 (2) ◽  
pp. 72-78
Author(s):  
I. M. Kovalov ◽  
V. A. Yevtushok
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Legal Regulation ◽  
Educational Process ◽  
Scientific Article ◽  
Administrative Supervision ◽  
The Law ◽  
Compliance With The Law ◽  
National Police

The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.

scholarly journals Law Enforcement Activity of the National Guard of Ukraine on Ensuring Public Security and Order: Problems and Ways of Their Solution

2019 ◽  
Vol 73 (2) ◽  
pp. 58-62
Author(s):  
К. О. Чишко
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
National Guard ◽  
Public Security ◽  
Law Enforcement Agencies ◽  
Organizational Issues ◽  
The Law ◽  
Single Standard ◽  
National Police ◽  
Enforcement Activity

The author has studied the content of normative and legal acts regulating public relations in the field of ensuring public security and order by the National Guard of Ukraine (NGU). The author has paid direct attention to theoretical bases of the concept of “public security” and “public order”. Relevant problems of ensuring public security and order by the NGU have been described; specific ways of eliminating legal and organizational problems of such provision have been suggested. It has been established that the problems of ensuring public security and order by the NGU have normative and legal and organizational nature. According to the author, the elimination of the described problems can be ensured by: the formation of a single standard for ensuring public security and order, in particular by means of a unified approach to assignment and, accordingly, implementation of measures in the field of ensuring public security and order (in the present circumstances, it is quite justified to consider the provisions of the Law of Ukraine “On the National Police” as the basis for the activities of law enforcement agencies in the field of keeping public security and order). The consequences should be the delineation of the NGU’s area of competence for ensuring public security and order, and eliminating contradictions between the laws of Ukraine “On the National Guard of Ukraine” and “On the National Police” and amending administrative and tort legislation and the Law of Ukraine “On the National Guard of Ukraine”. To address organizational issues, it is advisable to strengthen the legal training of the NGU military personnel, in particular in the field of administrative law and procedure, tactical and communicative training; to provide the necessary logistics, including the equipment of the NGU employees, with the means of external identification (badges indicating the special token number).

Legal Devices, Law Enforcement, Facilities and Infrastructure

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Mia Lasmi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Litigation ◽  
Main Task ◽  
Law Enforcement Agencies ◽  
Procedural Law ◽  
The Law ◽  
Law And Justice

Abstract The importance of law enforcement agencies or the judiciary that can help enforce the law to resolve the problems its faces. Therefore, the main task of the court is to maintain the law, both in the form of criminal law and civil law. In the case of civil procedural law, it is a legal regulation that regulates how a person processes civil litigation in front of a court session and how the court processes in accepting, examining, adjudicating and deciding cases and how the process of implementation is in order to maintain the existence of material civil law. Generally, in the enforcement of law and justice, there are several elements, namely: elements of law enforcement, elements of justice seekers, elements of legal instruments (legal / regulatory material), and elements of infrastructure all of which become an integrated unit. The four elements have the same opportunity to be a support and obstacle in the implementation of law enforcement and justice in the field of Shari'ah economy

scholarly journals TYPES OF MEASURES IMPLEMENTED BY THE NATIONAL POLICE AND THE PLACE OF ADMINISTRATIVE COERCION AMONG THEM

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 79-85
Author(s):  
В. П. Калашнік
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
The State ◽  
General Level ◽  
Public Confidence ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Definition Of ◽  
Justice Restoration ◽  
National Police

The relevance of the article is that the creation of the National Police of Ukraine has become a radically new stage in reforming the law enforcement sector of our state. This central executive body was called not only to ensure the protection and observance of human and civil rights and freedoms, but also to increase the general level of public confidence in the state in general and its law enforcement sector in particular. At the same time, in carrying out their activities, the police implement a number of measures, among which a special place belongs to administrative coercion. The latter, in turn, emphasize the legal relationship between the state and the law enforcement system. Therefore, establishing the place, role and importance of the National Police in the system of law enforcement agencies of the state is of great importance for their proper functioning and efficiency. The article, based on the analysis of scientific views of scientists and the norms of current legislation, identifies the types of measures implemented by the National Police of Ukraine. The content of some measures is revealed. It is stated that in the system of measures implemented by the National Police, one of the key places is given to administrative coercion. The author's definition of the concept of administrative and coercive measures implemented by the National Police of Ukraine is proposed. It is determined that administrative-coercive police measures occupy the main place in the administrative activity of the police, as they provide, in particular: unimpeded preventive measures to prevent offenses; protection of human rights, freedoms and interests, citizens and public order and public safety; cessation of committed offenses; gathering evidence; identification and detention of the offender; bringing perpetrators to justice; restoration of justice in society, etc. Therefore, the more effective the measures of administrative coercion that can be used by the National Police of Ukraine, the better the fight against crime and the more effective the process of crime prevention.

Sign in / Sign up

Export Citation Format

Share Document