scholarly journals Legal Regulation of Police Work Incentives

2020 ◽  
Vol 91 (4) ◽  
pp. 59-68
Author(s):  
K. V. Kovalenko

Based on the analysis of scientific views of scholars, the author has established that the legal regulation of incentives for police work is the regulation of public relations by law means in regard to external incentives for police officers to highly professional, conscientious and dedicated performance of professional and official tasks, functions and powers, as well as their encouragement to achieve positive results in this work. It has been emphasized that the need for legal regulation of incentives for police work is due to the fact that, first of all, employees must know and understand what they can expect in case of successful, dedicated, high-quality and effective performance of their duties and responsibilities, as well as what they can expect in case of improper (not effective, in terms of the violation of law, official discipline, norms of public morality, professional ethics, etc.) perfomance of their powers; secondly, work incentives are provided not only through positive motivation and encouragement, i.e. in the form of receiving appropriate remuneration by a police officer or public recognition of his or her merits, but also through the possibility of prosecuting a police officer for improper performance of official duties. The author has proved that it would be appropriate to provide the right of other subjects, such as members of the public, to raise the issue of encouraging a police officer in order to reduce the dependence of police officers on their immediate superiors in terms of incentives for conscientious work and special merits to society, since police officers serve not the superior officer, but to the people of Ukraine. It has been clarified that the normative principles of implementing the incentive measures within the system of police agencies cause certain remarks that do not allow to consider incentives as an unequivocally effective tool for influencing the efficiency and quality of police officers’ performance of their professional tasks, functions and responsibilities; a tool that really encourages them to selfless and conscientious work in the interests and for the benefit of the people of our state.

2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.


2019 ◽  
Vol 10 (7) ◽  
pp. 2002
Author(s):  
Kairat KAPSALYAMOV ◽  
Saule KAPSALYAMOVA ◽  
Dinara OSMANOVA ◽  
Baurzhan ZHUZBAEV ◽  
Bakhyt ZHUSIPOVA

This research discusses the urgent problems of regulating children’s rights at the global level. The goal is a comprehensive theoretical analysis of the children’s rights and their normative consolidation in international law; studying the effectiveness of protection mechanisms and the development of theoretical and practical proposals directed to improving the measures taken by Kazakhstan in this direction. The methodological basis of the study forms historical and comparative legal methods, which involved the analysis of scientific works on the issues of sociology, psychology, economics and law. At the same time, research methods include logical and systematic analyzes. The primary sources of information were laws and regulations defining the development aspects of the institution responsible for protecting the rights of children. Analyzing the situation in Kazakhstan showed that there are sufficient issues to be addressed. For instance, it is necessary to ensure that all children have the right to receiving high-quality educational services such as preschool organizations. Moreover, the existing ones should be modernized, and their total number should be increased. In villages, it is necessary to establish ungraded schools according to the desire of the people. The research results can be applied in the legal education system in studying the children’s rights; as well as in professional legal and pedagogical educational institutions, in the study of subjects such as ‘Human Rights’ and ‘Children's Rights’.


2020 ◽  
pp. 44-54
Author(s):  
Liudmyla Golovko ◽  
◽  
Viktor Ladychenko ◽  
Olena Gulaс ◽  
◽  
...  

The purpose of the article is to investigate the effectiveness of Ukrainian legislation in the fieldof combating domestic violence, as well as the implementation of the right to a fair trial in casesinvolving domestic violence. The following methods were used in the study: analysis and synthesis,system-functional method, comparative method. Results. The article analyzes the legislation ofUkraine in the field of prevention and counteraction to domestic violence, lists both its advantagesand disadvantages, reveals measures in the field of prevention and counteraction to domesticviolence, responsibility for domestic violence, the main directions of state policy in the field ofprevention and counteraction to domestic violence, types of domestic violence. Legal regulation of judicial protection for victims of domestic violence has been studied. Judicial practice in casesrelated to domestic violence was considered. Problems of exercising the right to a fair trial inUkraine in cases related to domestic violence were revealed. Conclusions. Undoubtedly, theadoption of the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, theintroduction of criminal liability for domestic violence and amendments to a number of regulationsto address domestic violence is a positive step in combating such a negative phenomenon asdomestic violence. At the same time, a significant number of issues remain unresolved. This isespecially true for the resolution of cases of domestic violence and the exercise of the right to afair trial in cases of domestic violence, as well as for the enforcement of court decisions on theissuance of restrictive orders. The need to develop a form for assessing the risks of recurrenceof domestic violence has been demonstrated, as has been done for police officers during theessessment of the need to issue an emergency injunction. The need to enshrine at the legislativelevel what is the preventive work of police officers with the offender and how it is carried outwas proved, because without proper regulation of this issue, this type of special measure tocombat domestic violence is declarative and not applied in practice. In addition, the problem ofrefusal of public and private executive services to enforce court decisions on the establishmentof restrictive measures is pointed out, which also requires legislative regulation. The need tostrengthen the position of the victim of domestic violence by giving her/him the opportunity toclaim compensation for non-pecuniary damage in criminal proceedings was noted.


2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system


2021 ◽  
Vol 311 ◽  
pp. 10003
Author(s):  
Denis Matytsin ◽  
Olesya Kazachenok ◽  
Agnessa Inshakova

This chapter justifies the conclusion that GMO technologies as a form of biotechnology are the greatest technological breakthrough of our time. With the help of GMOs, it is possible to increase the yield, which al-lows not only to solve the problems of world food security, but also to pre-serve untouched lands from human impact (including through the creation of national parks or other types and forms of specially protected natural areas there). The use of GMO technologies reduces the use of pesticides and agrochemicals in agriculture. However, in conditions where the harm from GMO technologies and products not convincingly proven, the search for an optimal model for their use should continue. The authors note that the concept of sustainable development implies a balance of environmental, economic and social interests. Deviation from this balance in any direction entails a number of negative consequences for the entire society, both in terms of problems with the realization of the right to food, as well as in terms of environmental protection. In this situation, it seems appropriate not to ban GMOs absolutely (as in Russia), which means the uselessness of the law of the relevant state as a regulator of public relations. Considering the measures of state regulation of the use of GMO technologies and products, the authors focus on the prospects for the use of certification and labeling of GMO products, which in a number of BRICS and EAEU countries has already had a positive effect.


Author(s):  
Volodymyr Shekhovtsov

Purpose. The purpose of this paper is to highlight the religious and ideological paradigms in the context of human attitude to the animal world, to identify the main positions of this influence and to find ways to change the existing paradigm. Methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research the following methods of scientific cognition were used: historical, historical-legal, dialectical, systemic-structural, hermeneutic. Results. The research revealed that the only way to change the legal paradigm, the principles of legal regulation of both environmental and faunistic sphere, should be a comprehensive approach to improve the organizational and legal mechanisms, in connection with the spiritual revival of the nation, consolidation in the mentality and justice of the people careful treatment of wild fauna, awareness of the value of animals and their rights, including the right to life. Originality. The study found that the moral and ethical responsibilities of each person exerted a primary influence on the formation of the outlook of each nation in relation to the faunistic world. This is what society needs, first and foremost, and today, the transition from the domination of the ideology of anthropological concepts to the concept of biocentrism by changing the value orientations in the aspect of human attitude to animals, is a modern necessity in restoring the natural rights of animals and achieving their joint harmonious development. It is emphasized the need for new worldview concepts and the revival of the spiritual culture of man, which would not contradict the moral and ethical principles of man's attitude to fauna. Practical significance. The results of the study can be used in law-making and enforcement activities in the development and implementation of updated environmental legislation.


2004 ◽  
Vol 95 (2) ◽  
pp. 514-516 ◽  
Author(s):  
Ronald J. Burke ◽  
Aslaug Mikkelsen

This exploratory study of police officers examined potential effects of having a spouse or partner who is also in police work on levels of work-family conflict and spouse or partner concerns. Data were collected from 776 police officers in Norway using anonymously completed questionnaires. Police officers having spouses or partners also in police work reported significantly lower spouse or partner concerns but the same levels of work-family conflict. Possible explanations for these findings are offered.


2021 ◽  
Vol 106 (2) ◽  
pp. 128-155
Author(s):  
Lene Wacher Lentz

AbstractIn the physical wodd, police 'infiltration' traditionally refers to investigations in which incognito police officers blend in with, for example, guests in bars and restaurants for the purpose of eavesdropping. So far, traditional infiltration has not been subject to regulation in Denmark as this has not been deemed legally necessary. A number of novel legal problems present themselves, however, in relation to police infiltration of the digital world. In this context, undercover police officers gain access to closed, private forums on the Internet. The current article argues that police infiltration of digital platforms risks violating the right to private life and private communication under Article 8 of the European Convention on Human Rights, and argues that a tighter legal regulation be enacted in this area. These considerations on infiltration may also be relevant to matters of criminalprocedure in, inter alia, Norway and Sweden, as police infiltrations in these neighboring countries also take place without specific statutory regulation.


2019 ◽  
Vol 87 (4) ◽  
pp. 42-53
Author(s):  
O. V. Veklіyk

The author has researched one of the directions of the modern formation and development of the rule of law state related to the improvement of various branches of law and the relevant legislation in the field of labor law. Among the most important features of applying the rest time is the correct definition and use of its legal regulation in respect to the employees of the National Police of Ukraine, which will allow the police officers to fully fulfill the tasks assigned to them by the state and society. The subject of the right to rest is everyone who works, and therefore everyone who has the right to work. The labor legislation of Ukraine does not define the concept of the rest time. It is opposed to the concept of “working time”. All the time beyond of working hours is considered to be the rest time. Having analyzed the current labor legislation of Ukraine, we state that labor law norms in regard to the types of rest are also applied to the police officers, taking into account the specificity of their activity, which is regulated by a special law. While analyzing scientific literature, regulatory base and international legal acts the author has established and revealed the types of rest time of the employees of the National Police of Ukraine. Based on the views of certain authors, the nature and content of the types of rest time of the employees of the National Police of Ukraine have been revealed. The author has determined the use of the types of rest time and its legal regulation concerning the employees of the National Police of Ukraine.


Author(s):  
Darina Viktorovna Kocheva

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.


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