scholarly journals Concept and classification of powers of the Cyberpolice Department of the National Police of Ukraine

2018 ◽  
Vol 82 (3) ◽  
pp. 30-39
Author(s):  
V. V. Bereza
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Organizational Control ◽  
Legal Rights ◽  
Legal Obligations ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
And Task

The author of the article has outlined the etymology of the legal category of “powers”. Special attention has been focused on the fact that, revealing the essence of the powers of the Cyberpolice Department as a subject of counteraction to cybercrime, such concepts as “right” and “duty” can not be evaded. The author has made the conclusion about the interdependence of the terms of “powers” and “task”. It has been noted that the term of “powers of the Cyberpolice Department of Ukraine” did not receive its legislative consolidation. The author has formulated own definition of the term of “powers of the Cyberpolice Department of the National Police”, which is offered to understand as the system of legal rights (measures of possible behavior) and legal obligations (measures of the necessary behavior) determined at the regulatory level, which the Department has in order to implement the law enforcement functions. The key regulatory acts have been researched through the prism of the main powers of the Cyberpolice Department of the National Police. The classification of powers of the Cyberpolice Department of the National Police of Ukraine has been provided, taking into account the main areas of activity of the researched state authority. Among the main types of powers of the Cyberpolice Department the author has offered to distinguish the following: main (direct) and additional (derivatives); organizational, control and supervisory. The emphasis has been paid to the fact that non-fulfillment or improper performance of their duties or abuse of the law entails legal liability that can be applied to the subjects of the relevant legal relations, including the Cyberpolice Department of the National Police of Ukraine.

scholarly journals PERTANGGUNGJAWABAN PIDANA ANGGOTA POLISI LALU LINTAS YANG MELAKUKAN PENGANIAYAAN PADA SAAT BERTUGAS

2021 ◽  
Vol 3 (2) ◽  
pp. 101-107
Author(s):  
Andi Sumange Alam ◽  
Marwan Mas ◽  
Ruslan Renggong
Keyword(s):  
Law Enforcement ◽  
Code Of Ethics ◽  
Criminal Liability ◽  
Criminal Code ◽  
Disciplinary Action ◽  
Police Station ◽  
Traffic Policemen ◽  
The Law ◽  
National Police ◽  
And Task

Penganiayaan diartikan dengan sengaja menyebabkan perasaan tidak enak, rasa sakit, atau luka. Penganiayaan yang dilakukan anggota Polisi Lalu lintas atas dasar-dasar tertentu. Anggota Polri yang melakukan penganiayaan terhadap pengendara motor pada dasarnya tunduk pada Peradilan umum. Temuan yang diperoleh dari penelitian ini antara lain : (1) Penerapan hukum terhadap tindak pidana penganiayaan dengan pemberatan yang dilakukan  oleh Anggota Polisi lalu lintas yang sedang ditangani oleh Propam Polrestabes Makassar yaitu melanggar Pasal 351 ayat 1 ke-3 dan 5 KUHP. (2) berdasarkan alat-alat bukti yakni keterangan saksi dan keterangan pelaku, pertanggungjawaban tindak pidana sebagai penegakan hukum, mencakup pengertian mengenai subjek dan objek dalam proses tegaknya hukum itu sendiri. Dalam penegakan hukum terhadap anggota Polri yang melakukan pelanggaran disiplin, Polri melalui Propam (Profesi dan Pengamanan) memiliki tanggungjawab dan tugas struktur organisasi di Polres. Hukuman Tindakan Disiplin, Kode Etik, dan Peradilan Umum merupakan bentuk pertanggungjawaban pidana. Penelitian ini dilaksanakan di Propam Polrestabes Makassar dengan melakukan wawancara langsung dan menganalisis proses hukum Tindak Pidana Penganiayaan yang di lakukan anggota Polisi Lalu lintas. Financial S Persecution is defined as causing unpleasant feelings, pain, or injury intentionally. Persecution committed by Traffic Policemen is based on certain principles. Indonesian policemen who abuse motorcyclists are basically subject to the general court. The findings obtained from this research include: (1) The implementation of the law against the persecution criminal act by aggravating the traffic policemen handled by Profession and Security (Propam) of Makassar Police is violating Article 351 verses 1 to 3 and 5 of the Criminal Code. (2) based on evidence from testimony of witnesses and statements of perpetrators, liability for criminal acts as law enforcement includes the notion of subjects and objects in the process of upholding the law itself. In enforcing the law against Indonesian Policemen who commit disciplinary violations, Indonesia National Police through Propam (Profession and Security) has the responsibility and task of the organizational structure at Police Stations. Disciplinary Action Punishment, Code of Ethics, and General Courts are forms of criminal liability. This research was conducted at Propam of Makassar Police Station by conducting direct interviews and deciding on the Criminal Act of Persecution by the Traffic Policemen.

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.

scholarly journals CURRENT ISSUES OF INFORMATION SECURITY IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

2020 ◽  
pp. 183-190
Author(s):  
І. Є. Іванов
Keyword(s):  
Information Systems ◽  
Law Enforcement ◽  
Information Security ◽  
Information Technologies ◽  
Public Information ◽  
Information Protection ◽  
The Law ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

The article considers topical issues of information security in the activities of the National Police of Ukraine. It is determined that the main problem of information security in the law enforcement sphere arose due to the global contradiction between the possibilities of information technologies and the threats of their use. The settlement of the existing public information relations alone is insufficient, as the legislation does not keep pace with technical progress. The definition of "information security" is considered and the author's definition of this concept is offered. The main normative legal acts regulating the activity of the National Police in this direction are analyzed. It is stated that information security of the National Police of Ukraine is provided in two forms: organizational (related to the circulation, collection, processing, storage, use and protection of information); legal (preparation and approval of regulations (orders, instructions), development of regulations, instructions, algorithms, plans, etc.). The key to information protection is the administration of information systems. The European experience of information protection in the law enforcement sphere is considered. Attention is drawn to the need to implement a system of modern international information security standards ISO / IES series 27000, which is constantly updated. It is theoretically substantiated that: increasing the efficiency of the National Police of Ukraine can be solved through the introduction of a reliable information security system; to achieve the highest level of information security of law enforcement agencies it is necessary not only to improve the current legislation, but also to have a mechanism for its implementation; Security and protection in the information systems of the National Police should be based on a comprehensive approach to building a protection system, which provides for the integration into a single set of necessary measures and means of information protection at all levels of the information system.

scholarly journals Directions of improvement of legal regulation of carrying out by the National Police units of operational-search measure «Getting acquainted with financial and economic activity of enterprises»

2020 ◽  
Vol 1 (1) ◽  
pp. 210-215
Author(s):  
Volovymyr Kapustnyk
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
Legal Grounds ◽  
Investigative Activity

The article is devoted to the definition of directions of improvement of legal regulation of carrying out operative-search measure "familiarization with financial and economic activity of enterprises" by units of the National police. It is established that today there is a lack of thorough research on the directions of improving the legal grounds for conducting an operative-search event "familiarization with the financial and economic activity of enterprises" by units of the National Police. It is established that familiarization with the financial and economic activity of enterprises is one of the main and effective mechanisms for obtaining and verifying primary information about abuse in the economic and official sphere, which is used by many law enforcement and controlling bodies of the state. However, to date, the said operative-search measure cannot be used to the full extent by the units of the National Police, since the provisions of the Law of Ukraine “On Operational-Investigative Activity” contain separate legislative conflicts and contradictions. It is proved that the interpretation of the existing rule governing the introduction of financial and economic activity of enterprises leads to legal conflict, since it is not clear how the said measure will be carried out for suspected of committing a crime, since in this case criminal proceedings should already be opened, and after its opening, the search operations are terminated. It is established that today the legislator has sufficiently enshrined the issue of familiarization with the financial and economic activity of enterprises, however, in the normative legal acts, insufficient attention is paid to the interpretation of the law regarding familiarization with the financial and economic activity of enterprises. It has been proposed to adopt the Instruction on the Organization and Conduct of Familiarity with Financial and Economic Activities of Enterprises, as well as to introduce responsibility for non-compliance with the legal requirements of officials of the National Police of Ukraine.

scholarly journals IMPLEMENTATION OF LEGAL RESPONSIBILITY I N THE LAW ENFORCEMENT BLOCK OF THE MECHANISM OF LEGAL REGULATION

2020 ◽  
pp. 101-114
Author(s):  
И.А. Кузьмин
Keyword(s):  
Theoretical Model ◽  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Remedies ◽  
The Law ◽  
Problematic Situations

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

scholarly journals The National Police of Ukraine as a component of the domestic law enforcement system

2019 ◽  
pp. 61-65
Author(s):  
Yu.V. Harust ◽  
S.Yu. Kalyta
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
Public Confidence ◽  
Scientific Article ◽  
Emergency Situations ◽  
Law Enforcement Agency ◽  
The Law ◽  
National Police ◽  
Domestic Law

In Ukraine, there are qualitative changes in the reform of law enforcement agencies in order to more effectively ensure the rule of law in the country, protect human rights and freedoms and increase public confidence in these bodies. Undoubtedly, it is important to create a National Police, which plays an important role in the domestic law enforcement system. Since the first days of its operation, the police have received support from citizens, who argue with various sociological surveys, because this law enforcement agency is open enough in its activity, there is contact with the population. The article is devoted to the activity of a component of the domestic law enforcement system – the National Police. The National Police of Ukraine (police) is a central executive body that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order. This topic is very relevant, as the police are a relatively new subject in the law enforcement system and are on their way. The scientific article investigates which regulatory acts regulate the activity of this law enforcement agency, the structure, main tasks of the police are found out on the basis of the current legislation. The structure of the National Police is quite complex and due to the shortcomings in the legislation, there are problems concerning the interaction between the units. The publication examines the procedure for appointing persons to the post of a police officer and identifies the main problems of selecting candidates to the ranks of the National Police. The importance of introducing in the Law of Ukraine “On National Police” the task of the police is emphasized – to provide within the limits specified by the law services for assistance to persons who, for personal, economic, social reasons or due to emergency situations, need such assistance. Some of the shortcomings of the Law of Ukraine “On the National Police” have been identified and suggestions for improvement of this legal action have been proposed. Keywords: law enforcement system, National Police of Ukraine, police tasks, police structure, police officer.

scholarly journals Forms of Interaction of the National Police with the Public in the Field of Ensuring Public Safety and Order

2020 ◽  
Vol 90 (3) ◽  
pp. 135-143
Author(s):  
А. В. Комзюк
Keyword(s):  
Law Enforcement ◽  
Public Safety ◽  
Effective Interaction ◽  
Public Order ◽  
Legal Principles ◽  
The Public ◽  
Joint Activities ◽  
Effective Implementation ◽  
National Police

Interaction is a necessary and important part of the work of the National Police, including in the field of public safety and order. Due to the interaction we achieve the coordination of actions and joint activities of the National Police with other entities. Existing forms and methods of the interaction between the National Police and the public do not meet the current requirements and need to be refined or finding new forms and methods. Therefore, there is the need to conduct a thorough study of the problems of the interaction of the National Police with other entities of ensuring public safety and order. The author of the article has analyzed the importance and legal principles of the interaction of citizens with the police in the field of public order protection and combating crime. The concepts and forms’ types of the specified interaction have been defined. It has been concluded that there is a lack of scientific research focused on the problems of the interaction of the National Police with the public in the field of public safety and order, in particular on finding its new forms. To achieve this purpose, the author has revealed the essence of the interaction of the National Police with the public in the field of public safety and order, their relations, as well as has defined the classification of forms of the interaction of the National Police with citizens and their associations in the field of public safety and order. The scientific novelty of the study is that it improves the understanding of the nature and types of forms of the interaction between the National Police and the public in the field of public safety and order. Summarizing the above, we can conclude that the effective implementation of the authorities in the field of public safety and order by the National Police of Ukraine requires the establishment of effective interaction with citizens and public associations. The author has offered some new forms of the interaction between the National Police and the public for the implementation, the use of which can improve the state of law enforcement and the fight against crime.

scholarly journals Preventive Transcendental Of Mass Violence Crimes

2019 ◽  
Vol 1 (2) ◽  
pp. 92-103
Author(s):  
Purwadi Wahyu Anggoro
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Social Engineering ◽  
Mass Violence ◽  
Literature Reviews ◽  
The Law ◽  
The Masses ◽  
National Police ◽  
Human Awareness ◽  
Preventive Law

ABSTRACT Objectives: This article aims to explain the causes of criminal acts of violence that occur in cases of violence involving the masses and explicate the concept of preventing violent crimes involving masses who have a transcendental paradigm. Methodology: This research was qualitative nondoctrinal research. The strategy of applying Preventive Law with a Transcendental paradigm as a concept of preventing criminal acts of mass violence with religious nuances is as a way to reduce the emotions of the masses and eliminate the intention of the masses to commit acts of violence. The sources of data were in the form of research and interviews of cases of mass violence. The data analysis used interpretation techniques based on the (premise) stage of mass violence, according to Niel Smelser and transcendental preventive patterns in accordance with the literature reviews of books and scientific journals. Results: The results showed that violence is an act against the law (onrechtmatige daad), where it is the human state of nature. In the crowd, people will imitate other people's actions, lose control, and take aggressive actions. The law is a tool for social engineering to prevent crime, maintain an orderly society, and provide protection for citizens. Law enforcement is prioritized using soft methods (the soft hand of society) to prevent violence from happening with a transcendental paradigm approach to restoring human nature, according to Surah Ali Imran (3) paragraph 110, namely amar ma'ruf, which contains transcendental ethical values. Functions: This research is useful in the implementation of the Transcendental Preventive Law for law enforcement officers, in this case, the National Police, as an effort to break the 4th stage, namely the stage before triggering incidents occur. It is intended that at the time of mass violence, the Preventive Transcendental Law can cool down the emotions of the masses while at the same time restore human awareness that peace, compassion, and the world and its contents are a gift that must be accountable to God Almighty. Originality/Novelty: Transcendental Preventive Law is an effort to prevent violent crime in mass violence that is based on transcendental principles, by giving a religious touch to remind the masses that violence is a sinful act and to remind the existence of God Almighty. 

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