scholarly journals FEATURES OF THE USE OF PHYSICAL FORCE, SPECIAL MEANS AND WEAPONS BY LAW ENFORCEMENT AGENCIES OF THE COUNTRIES OF THE WORLD

Author(s):  
O.V. Rosliakov ◽  
D.V. Prokhorenkov ◽  
O.V. Tykhonchuk
2021 ◽  
pp. 76-78
Author(s):  
С.А. Лукашев

В статье рассматривается такой вид специальных средств, как служебные собаки, которые используются сотрудниками правоохранительных органов зарубежных стран при охране общественного порядка. This article addresses the type of special means such as service dogs, which are used by law enforcement officers of foreign countries in public order. There were analyzed cases of their use by various law enforcement agencies in consideration of this topic.


2020 ◽  
Vol 3 (8) ◽  
pp. 35-44
Author(s):  
Sergejs Talapins ◽  
Eduards Agafonovs

Currently, the use of firearms and special devices by law enforcement agencies in civilised democracies is strictly determined in accordance with the current legislation on the use of firearms and special devices. Their illegitimate or unauthorised application causes censure and sparks public outcry. Nevertheless, sometimes situations arise in which it is difficult and problematic for a law enforcement officer to make the right decision on the use of firearms, physical force, special devices and military working dogs. At the moment, the officers of the Latvian Border Guard are often simply unable to resist the illegal actions of offenders, since the current legislation is not always capable of justifying the lawful actions of the border guard. Also, sometimes the specific character of duty performance (a large crowd of people, the proximity of the state border) makes it impossible to use firearms. At the same time, the lack of regular training on the practical use of special devices (stack, handcuffs and others) significantly reduces the chances of their successful use by the Latvian Border Guard officers. Bearing and using electroshock weapons, and specifically stun guns of the TASER type, will significantly increase the level of security of the Latvian Border Guard staff, and will also allow the use of stun guns to ensure public order without risk to others and with minimal risk to the offender. The stun guns will allow you to blur the lines between physical abilities and the degree of physical fitness of the border guard and the offender, as a result of which a fragile girl - border guard can easily neutralise a raging athlete who is trying to disrupt public order and border control order with minimal harm.  


2019 ◽  
Vol 5 (1) ◽  
pp. 405-418
Author(s):  
Galina Myskiv ◽  
Olesya Irshak

Cybercrime is clearly linked with financial relations: for some, it is profit, for others – expenses or big losses. The article contains the research of the essence, causes, conse-quences and counteraction to computer fraud in Ukraine and countries of the world, as well as research of financial flows that accompany these processes. However, the authors tried to analyze quantitatively and qualitatively the dynamics of cybercrimes. It also focus-es on bodies that provide cybersecurity and normative legal documents in this area. The authors concluded that cybersecurity in Ukraine has not been sufficiently developed yet, which requires adopting the experience of cybercrime prevention in the advanced countries of the world and enhanced cooperation between international law enforcement agencies.


Author(s):  
V.A. Kaznazcheev ◽  

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.


This is a case of Adermatoglyphia or simply a loss of fingerprints in a young female patient in her 20s having a condition of hyperhidrosis and atopic dermatitis. At a young age, this condition can be very frustrating and give the patient a red flag in his/her carrier and during international travel. The patient faces problems in unlocking smartphones and electronic devices. The patient has to keep a medical certificate from a certified Dermatologist all the time for proof of this condition. Adermatoglyphia is not recognized as a problem in society and law enforcement agencies are not aware of this condition in detail, all over the world.


Author(s):  
Oleksandr Kobzar ◽  
Serhiy Tkachenko

The article analyzes the international experience of functioning of bodies and institutions ensuring observance of discipline and law and order in law enforcement bodies, the corresponding data are compared with functioning of inspections on personnel of department of personnel of National police of Ukraine and, on the basis of the received information. In different countries of the world, control bodies are called differently, and in the system of the National Police of Ukraine, there are several such bodies, one of which is the inspection of personnel, but, in turn, the author proposes to investigate the functioning of disciplinary bodies and legality in law enforcement agencies in the world, as this positive experience can make it possible to optimize the functioning of the institution in the national space. International experience of the relevant processes is characterized by various features that set out the essence and importance of discipline and legality in the activities of law enforcement agencies. The issue of using international experience in improving the functioning of institutions that ensure discipline and legality in law enforcement is one of the most important. From the proper functioning of law enforcement agencies, first of all, depends on the level of human and civil rights and freedoms in each state where they exist. Based on a survey of the concept of discipline and legality, as well as determining its importance in the law enforcement system, analyzing the international experience of ensuring discipline and legality by relevant bodies in law enforcement agencies, namely the police and identifying, based on analysis, the main methods of achieving appropriate bodies set goals, the authors identified the relevant conclusions.


2020 ◽  
Vol 21 ◽  
pp. 50-60
Author(s):  
U. Vanaisak

Background: According to the current Estonian Law Enforcement Act (hereinafter LEA), only competent law enforcement institutions may apply measures of state supervision. Law enforcement institution’s supervision duties are stated in different special acts of law. According to LEA, physical force, special means or a weapon can be used (there-fore direct coercion may be applied) by the police as a general law enforcement institution. The special means that are allowed are handcuffs, shackles, binding means, service animal, technical barrier, means to force a vehicle to stop, water cannon etc. Police service weapons are a firearm, a gas, a pneumatic, a cut-and-thrust and an electric shock weapon. Other law enforcement institutions may apply direct coercion only if allowed in special laws. According to the Rescue Act (hereinafter RA), Rescue Board’s explosive ordnance disposal (hereinafter EOD) technicians may apply direct coercion. However, from amongst the means of direct coercion, EOD technicians may only use handcuffs. Using a firearm is allowed only when performing self-defence. Aim: The aim of the study is to analyse the exhaustive regulation of EOD technician’s tasks and allowed means of direct coercion in the RA. In addition to that, the training programme is looked into to determine whether it is suffi-cient for achieving the desired knowledge and skills. Method: Legal provisions are studied to determine the content of the EOD technicians’ supervisory tasks, al-lowed special measures and the means of direct coercion (comparative analysis of legal provisions). To find out the real needs to apply measures and means of direct coercion, EOD commanders of the Western region were interviewed (questionnaire). Thirdly, EOD technicians’ curricula are analysed to give an overview of the sufficiency of their training (document review). Results: The analysis reveals that all EOD technicians’ supervisory tasks have not been legally regulated. The number of state supervision measures and means of direct coercion is not sufficient to fulfil the tasks stated by the legislator. The curricula do not provide sufficient training for the application of the means of direct coercion.Conclusions: EOD technicians’ supervisory tasks need to be specified in the RA; at the moment, most of them have been regulated only in the statute. The RA must be added the right to conduct security check and examine persons and the list of allowed means of direct coercion must be more versatile (e.g. to add the right to use a gas weapon, hand-cuffs and means to force a vehicle to stop). If EOD technicians are entitled to more rights, curricula must be amended by adding the training for applying the means of direct coercion, incl. the time needed for the practice of the application of physical force must be increased.


Author(s):  
Yuriy Paida

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws


2019 ◽  
Vol 7 (11) ◽  
pp. 79-84
Author(s):  
Аюб Канан

Models of formation and development of anti-corruption institutions are analyzed in thearticle. The modern anti-corruption bodies of state power that exist in Germany, Hungary, Finland,Albania, Romania, Lithuania and Latvia are considered.It has been found that in most European countries specialized anti-corruption bodies have beenestablished as an important element of the anti-corruption strategy. The author analyzes the experienceof developing anti-corruption institutions in Lithuania, Romania, Finland, Norway, Germany, Albaniaand others. and found that in Europe there is no one universal model of the anti-corruption body. Theanalysis showed that there are similar law enforcement agencies, corruption prevention services, anticorruptionstrategy management, and multi-purpose organizations. In some countries, several anticorruptionagencies have been set up, and several such institutions can deal with both corruption andother issues. Romania's experience with the implementation of the National Anti-Corruption Directorate,which includes not only exposing corruption but also investigating corruption offenses, is effective.Based on the analysis of the system of anti-corruption institutions in European countries,it should be noted that there are three models of formation and development of anti-corruptioninstitutions, in particular:1) there are no specially created anti-corruption institutions, and the functions of preventingand combating corruption are delegated to law enforcement and / or judicial bodies;2) which established a single anti-corruption institution;3) in which the system of anti-corruption bodies of state power operates.Ukraine belongs to the third model, because in our country a system of state authorities isestablished and operates, which implement state policy in the sphere of combating corruption.


2019 ◽  
Vol 19 (1) ◽  
pp. 464-472
Author(s):  
V. Olkhovskyi ◽  
P. Kaplunovskiy ◽  
M. Gubin ◽  
V. Balanovskyi

Detainees often complain about the unlawful use of force when special means and methods of detention were used, which they take as beatings and torture. Victims with such injuries commonly become the object of forensic medical examination of alive persons which is carried out during the trial and pre-trial investigation. There is a need to systematize and classify many types of mechanical and other types of injury: specific, typical or atypical for the well-known classical methods of hand-to-hand combat that law enforcement officers use. The purpose of this work was to characterize injuries in victims received during their detention by law enforcement agencies and provide their morphological and clinical analysis in order to identify ways to improve the effectiveness of these injuries’ forensic assessment in the examination of alive persons. Based on a retrospective morphological and clinical analysis of archival materials of the Kharkiv Regional Bureau of Forensic Medical Examination, the frequency and types of injuries, that were detected during the examination, of suspects injured in the course of their arrest by law enforcement agencies were determined. The features of forensic medical expert assessment in determining the mechanism, the severity of injuries associated with the detention of suspects by law enforcement agencies were defined. In the forensic medical expert practice, in the examination of alive persons when determining severity of injuries to suspects detained by law enforcement agencies, slight injuries and, in certain cases, injuries of moderate severity prevailed. The localization and the mechanism of bodily injuries formation in detained victims, in some cases, allows to qualify such injuries as specific for detention by law enforcement agencies. A further prospect of this study is the identification and justification of clear diagnostic indications for the forensic assessment of bodily injuries received by suspects when detained by law enforcement agencies that arise from the action of blunt solid, sharp objects, gunshot wounds.


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