scholarly journals Principles of Interaction between the State Border Guard Service of Ukraine and Other Law Enforcement Agencies

2019 ◽  
Vol 87 (4) ◽  
pp. 62-70
Author(s):  
I. I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Personal Responsibility ◽  
The State ◽  
Law Enforcement Agencies ◽  
Main Method ◽  
The Rule Of Law ◽  
Scientific Nature ◽  
Definition Of ◽  
Scientific Doctrine

The author has studied the essence of the principles of interaction of the State Border Service with other law enforcement agencies, which is conditioned by the importance of ensuring proper protection of the state border in the current conditions of the state development. The main method of the research was the method of critical analysis, which made it possible to analyze the provisions of the current national legislation and the approaches in the scientific doctrine to understanding the principles of interaction of the State Border Service of Ukraine with other law enforcement agencies. The content of the concept of “principles of interaction” has been clarified. The definition of the concept of “principles of interaction of the State Border Guard Service with other law enforcement agencies” has been formulated. The author has revealed the content of such principles of interaction of the Border Guard Service with other law enforcement agencies as: the rule of law, legality, respect and observance of human and citizen rights and freedoms, equality of the subjects of interaction, scientific nature, planning, personal responsibility of the management and employees of the subjects of interaction for its results, combination of open, secret and conspiratorial forms and methods of activity, promptness and professionalism of the employees of the subjects of interaction, coherence of actions of the subjects of interaction and independence of each of them within their powers. The author has offered to classify the principles of interaction of the Border Guard Service with other law enforcement agencies, by dividing them into general and special ones.

scholarly journals CONCEPT AND SYSTEM OF IMPACT MUNITIONS USED IN LAW ENFORCEMENT

2021 ◽  
Vol 3 ◽  
pp. 89-101
Author(s):  
I. Haraberiush
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Officers ◽  
Protective Equipment ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Special Means ◽  
Definition Of ◽  
Technical Features ◽  
Enforcement Activity

This article examines importance of impact munition based on new conceptual ideas related to humanization of forms and methods of law enforcement. It is emphasized that in implementation of public safety and the order of law enforcement agencies should meet requirements of the rule of law whereby human, his rights and freedoms are recognized as the highest values and determine the content and direction of the state and its legal institutions. It is emphasized that use of specific means contributes to implementation of this principle by creating opportunities to avoid injuries and casualties by law enforcement officers, ordinary citizens and among offenders directly. It is noted that specific means should be considered as protection means and separated from non-lethal weapons. Definition of specific protection means is given. The system of specialized protective equipment is considered because of a conceptual position: specialized protective equipment of law enforcement agencies is a basic concept and consists of subsystems that have their own structure. Place of specialized protective equipment in the system of specialized machinery of law enforcement agencies is determined. System of specialized protective equipment of and branches of these means are structured considering purpose of special means and tactical and technical features of their application in law enforcement activity.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

scholarly journals The Concept of Four "Bio" in Law and Legislation

2020 ◽  
Vol 15 (8) ◽  
pp. 146-154
Author(s):  
A. A. Mokhov
Keyword(s):  
Law Enforcement ◽  
Strategic Planning ◽  
Public Relations ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Positive Effects ◽  
Social Sphere ◽  
Innovative Economy ◽  
Law And Legislation

Developing biotechnologies have an impact not only on technical, technological and other economic processes, but also on industries and sectors of the economy, public relations, and change the prevailing stereotypes of behavior and habits. In this regard, new sprouts of an innovative economy, and the changing social sphere, the psychology of individual groups and communities determine the need for a unified balanced biopolitics. This policy manifests itself in the provisions of the rule of law and legislation, strategic planning documents, and in law enforcement. Due to the nontriviality of technologies, their great potential opportunities, as well as challenges, risks and threats for the population, society, biopolitics is becoming an important factor in the policy pursued in general. The author proves the need for systemic and comprehensive regulation of biotechnologies allowed for use, taking into account their biological and other types of safety, contribution (positive effects) to the developing bioeconomy and development of society. In connection with the above, the concept of the four "bio" (biotechnology — biosafety — bioeconomics — biopolitics) is proposed, which requires the development of law and legislation based on modern trends in the development of technology, economy, society and the state.

scholarly journals Features of Coordination Activities of Prosecuting Authorities of Ukraine in the Field of Combating Crime and Corruption

2021 ◽  
Vol 7 (5) ◽  
pp. 4001-4010
Author(s):  
Anton Voitenko ◽  
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
And Control ◽  
Practical Recommendations

The article presents the substantiation of theoretical provisions and the development of practical recommendations for improving the coordination of prosecuting bodies of Ukraine in the field of combating crime and corruption based on studying the features of such coordination. It is proposed to understand the coordinative activity of prosecuting bodies as the direct activities of prosecutors to the organization of interaction between public authorities and the prospect of achieving the goal based on compliance with the rule of law. It is established that coordination of law enforcement agencies, including prosecuting authorities, in the context of combating crime and corruption should be based on the principles of the rule of law, legality, independence and equality of the subjects which carry out coordination activities, the obligation to implement measures to combat crime and control the implementation, systematic and complete use of various forms of coordination activities, publicity and openness in implementation of coordination measures, independence of bodies involved in decision-making, based on the results of coordination activities, the responsibility of heads of prosecuting bodies for the results of high-quality and timely coordination of measures to combat crime and corruption. It is proved that properly organized relations between the prosecuting bodies give grounds for increasing the effectiveness of the implemented measures in combating crime and corruption. It is suggested that the prospects for further research improve the administrative legislation governing the activities of the prosecuting authorities of Ukraine in combating corruption.

scholarly journals Towards a Single Government Approach via Further Consolidation of Law and Order in Estonia, with Domestic Violence as an Example

2018 ◽  
Vol 27 ◽  
pp. 104-116
Author(s):  
Raul Narits ◽  
Silvia Kaugia ◽  
Iris Pettai
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Social Problems ◽  
Legal Practice ◽  
Law And Order ◽  
Special Interests ◽  
Law Enforcement Agencies ◽  
Extensive Experience ◽  
The Rule Of Law ◽  
Positive Nature

An appropriate ‘solution pattern’ for social problems in a state based on the rule of law entails the existence of corresponding legislative regulations. The solution should be approved at the level of a law as a legislative act of supreme juridical power. A solution created at that level would fully correspond to the principle of rule of law and also minimise the possibility of socalled departmental special interests prevailing, in recognition that this danger accompanies efforts toward the solution of every multifaceted problem. The authors find that, since Estonia already possesses relatively extensive experience in legislative consolidation for various aspects of the society’s reality, with most of this experience being of a positive nature, it would be a most welcome development if the issue of DV were to be included in the current process of consolidation under the auspices of the project Towards the Development of Better Legislation. Legislative drafting is stimulated by the perception of acute social problems and of a need to regulate them by legislative means. Results from 2014 and 2017 surveys show that Estonia’s legal practitioners perceive DV as a problem the causes of which demand research and whose victims require help. Most legal practitioners surveyed encountered DV in their day-to-day work, with prosecutors and police detectives bearing the heaviest burden: it consumed nearly one third of their work hours. A serious problem was identified in prejudice and stereotypes, which yield an oversimplified and distorted image of the actual causes of DV, in which the victim frequently is considered responsible. Both the general population and legal practitioners widely share the erroneous impression that the victims could avoid violence through ‘appropriate conduct’. Such stereotypic attitudes wherein victims are considered partially to blame for violence can obstruct the work of law-enforcement agencies. While the idea of a special law on DV found support and scepticism in roughly equal measure, support for it increased significantly when respondents judged the concrete opportunities and solutions offered by such a law. These legal practitioners perceived numerous bottlenecks and unsolved problems in relation to the existing legislative regulation and legal practice, which one would expect to be overcome through a special law on DV. The authors conclude from the survey-based findings that Estonia’s legal practitioners demonstrate considerable anticipation for a law on DV. The participants in the surveys also perceived an increasing need for co-operation with law-enforcement agencies in this regard – i.e., for concentrating on collaboration within this domain. However, the authors consider it undoubtedly important also to increase the involvement of specialists in the DV field: victim support services, staff of women’s shelters, and municipal social workers. 

scholarly journals Theoretical fundamentals of interaction of law enforcement authorities in counteraction of crimes committed by organized groups or criminal organizations formed by an ethnic basis

2021 ◽  
pp. 39-47
Author(s):  
Volodymyr Sevruk
Keyword(s):  
Law Enforcement ◽  
Effective Interaction ◽  
The State ◽  
Law Enforcement Agencies ◽  
Effective Factor ◽  
Long Run ◽  
Criminal Organizations ◽  
Criminal Groups ◽  
Definition Of ◽  
Legal Concepts

The analysis of the researched scientific problems on counteraction to crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis, now necessitates further research of ethnic crime in Ukraine and the world in general. Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations, formed on an ethnic basis, is impossible without understanding the essence of this problem, relevant legal concepts and classification and identification of features of organized ethnic crime that are important for law enforcement and the state. The main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. Thus, for the effective interaction of law enforcement agencies in combating crimes, committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and realization of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. Theoretical principles of law enforcement interaction in combating crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis by generalizing, analyzing and systematizing the concept of interaction, its forms, methods and types, are analyzed. An author's definition of the concept of interaction among police during counteraction to crimes, committed by organized groups and criminal organizations, formed on ethnic basi, is given

scholarly journals Criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions on combating money laundering

2020 ◽  
pp. 76-81
Author(s):  
A.V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Financial Institutions ◽  
The State ◽  
Economic Crime ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Definition Of ◽  
Work Done ◽  
Quantitative Indicators

The article is devoted to the definition of criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds. The urgency of the problem described in the article is due to the need to increase the effectiveness of counteracting the facts of money laundering, given the state of economic crime and the losses from its existence. The article clarifies the essence of such concepts as «criterion», «evaluation» and «efficiency». Attention is drawn to the fact that the effectiveness of the interaction can be judged based on the purpose of the interaction itself. It is stated that in evaluating efficiency, qualitative and quantitative indicators should be taken into account, while the latter in the form of statistics should be considered mainly as a source of information on the state of crime, the amount of work done, and not its results. The criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds are: 1) reducing the proportion of latent crime; 2) state of information support; 3) the speed of response of financial institutions to the request of law enforcement agencies to provide certain information; 4) state of cooperation with other entities of the system of counteraction to the legalization (laundering) of proceeds from crime; 5) the number of indictments drawn up; 6) public opinion. It is concluded that the evaluation of the effectiveness of the interaction of these entities on the basis of the criteria we define will only be relevant if it is objective, of public importance, relevant to the purpose of the interacting entities.

scholarly journals “ANTI-CORRUPTION” RESTRICTIONS FOR PERSONS AUTHORIZED TO PERFORM THE FUNCTIONS OF THE STATE OR LOCAL SELF-GOVERNMENT: THE REALITIES OF THE USE OF THE “FILTER” OF LEGAL CERTAINTY IN UKRAINE AND FOREIGN COUNTRIES

2019 ◽  
pp. 84-89
Author(s):  
T. O. Kolomoiets
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Foreign Experience ◽  
Legal Standards ◽  
Foreign Countries ◽  
Broad Approach

The article substantiates the expediency of considering “anti-corruption restrictions” in relation to persons authorized to perform the functions of the state or local self-government in the aspect of compliance with the requirements of legal certainty in the use of their resource. Legal certainty (juridical security) is considered as an integral component of the rule of law, which combines the “substantive” (“quality” of the regulatory framework for using the resource of “anti-corruption” restrictions) and “procedural” (“quality” of law enforcement with respect to relevant restrictions) components that only collectively shape the phenomenon of legal certainty of “anti-corruption” restrictions. We consider appropriate to use a “broad” approach to understanding the legal certainty of “anti-corruption” restrictions, which combines the “substantive” and “procedural” legal certainty of corresponding restrictions, and enhancing the “quality” of anti-corruption legislation in terms of defining “anti-corruption” restrictions and the “quality” of its application practice makes it possible to increase the effectiveness of these restrictions as an anti-corruption “tool”. The “defects” of the “substantive” and “procedural” legal certainty of domestic “anti-corruption” restrictions are distinguished and compared with the “quality” of the corresponding components of the legal certainty of “anti-corruption” restrictions in foreign countries. Specific proposals are formulated to improve the “quality” of anti-corruption legislation in terms of fixing “anti-corruption” restrictions, the “quality” of anti-corruption enforcement practices (in terms of the terminological framework, the use of valuation concepts, techniques and technologies of anti-corruption rulemaking in the part of “anti-corruption” restrictions, law enforcement unification). The article substantiates the expediency of prudent borrowing of positive, tested by time and practice foreign experience of anti-corruption rulemaking and anti-corruption enforcement in the use of the resource of “anti-corruption” restrictions (minimization of evaluation provisions, extended conceptual series, duplication of criteria for determining limits of restrictions, minimization of blanket and referral standards, clarity and transparency of regulations, thematic generalizations of law enforcement practices) by which it is possible to ensure compliance of the “quality” of legal certainty of “anti-corruption” restrictions in Ukraine with international legal standards, consistency with foreign analogues as an effective anti-corruption “tool”.

scholarly journals Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

2019 ◽  
Vol 75 (4) ◽  
pp. 59-64
Author(s):  
A. V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Legal Status ◽  
Criminal Liability ◽  
The State ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
Definition Of

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science. The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved. The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

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