scholarly journals HISTORICAL FEATURES OF FORMATION AND DEVELOPMENT OF MECHANISMS OF INFLUENCE OF A CIVIL SOCIETY ON THE STATE REGULATION OF LAW ENFORCEMENT ACTIVITY

Author(s):  
I.V. Kyva
Author(s):  
Irina Zhukova ◽  
◽  

The role and significance of the influence of civil society on the processes of state regulation of law enforcement activities are revealed. The key aspects of state regulation of law enforcement activity under the condition of active influence of civil society representatives on it are revealed. The main factors of the influence of civil society on the activity of law enforcement bodies, which play an important role in the processes of ensuring the proper functioning of the system of state regulation of law enforcement activities in Ukraine, are substantiated. It is substantiated that in order to effectively perform the tasks assigned to law enforcement agencies, these structures interact with representatives of the public sector. It is proved that interaction with civil society of the law enforcement system is an important aspect to increase the effectiveness of these bodies in ensuring the protection of human rights and freedoms, public order and security, the interests of society and the state, as well as combating crime. Conclusions are formed regarding the content of new approaches to the organization of law enforcement agencies' work with the population, public organizations and local self-government bodies in the field of law enforcement. The complex of the existing administrative measures for achievement of the maximum efficiency of functioning of system of the state regulation of law enforcement activity in a foreshortening of influence of representatives of civil society on it is considered. Current trends and priority areas for improving the mechanisms of civil society influence on state regulation of law enforcement, in particular, the administrative and legal direction on a partnership basis, are outlined.


Author(s):  
Irina Zhukova ◽  
◽  

The peculiarities of the influence of civil society on the state regulation of law enforcement activities within the member states of the European Union are considered. A thorough analysis of regulatory and legal support and mechanisms for the practical implementation of active cooperation between civil society and law enforcement agencies of the European Union (Belgium, Great Britain, Germany, Poland, Finland, France, Hungary). Possibilities of wide involvement of civil society representatives in law enforcement activities using various forms and methods within the member states of the European Union are considered. It has been proven that the opinion of civil society on the functioning of the law enforcement system is one of the key factors in strengthening ties and improving the interaction of the above structures with representatives of the public sector, including individual citizens or NGOs. It is substantiated that using the most successful forms and methods of law enforcement, provided they adapt to the conditions of our country, it is possible to ensure more effective implementation of law enforcement. It is emphasized that important factors in the development of cooperation between law enforcement agencies and civil society on the basis of cooperation should be the formation of motivation and a functioning system of incentives for civil society. It is noted that, in order to fully implement the functions of law enforcement and crime prevention, it is necessary to directly influence the representatives of civil society on law enforcement activities by increasing the level of public, social and legal activity.


2018 ◽  
Vol 6 (3) ◽  
pp. 26-30
Author(s):  
Тимур Чукаев ◽  
Timur Chukaev

The Article is devoted to the theoretical and legal heritage of the prominent Russian lawyer Vasily Nikolaevich Leshkov (1810–1881), his ideas about society as a subject of public administration, about the interaction of civil society and the police as subjects of the implementation of the law enforcement function. The methodological basis of the research is general scientific (historical, systemic, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. A theoretical legacy, V. N. Leshkov, which contemporaries did not understand, and the descendants of the forgotten, to comprehend the researchers in the twenty-first century.


2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.


Author(s):  
K. V. Trifonova

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.


Author(s):  
Ilya Kiva ◽  

The article considers the peculiarities of the introduction of high moral aspects of the political and social system of the European Union in the national system of public influence on the activities of law enforcement agencies. It is established that the implementation of legislative norms and provisions of the European Union in the legal system of Ukraine is the basis of the European course and further effective application of the principles of state regulation of law enforcement. It is substantiated that the activity of the police is subject to clear regulation both in the member states of the European Union and in Ukraine. Therefore, the organizational and legal support of public authorities in determining the procedure for recruitment, dismissal, receiving incentives for professional tasks corresponds to the principles of civil society. The public and its influence on law enforcement are correlated with law-centrism. It is noted that the influence of the community on the activities of law enforcement agencies is identified with respect for legal norms and regulatory framework. It is emphasized that decentralization, which is being introduced in the member states of the European Union, aims at equal distribution of powers between police bodies and, as a consequence, improvement of public law enforcement communication. In Ukraine, on the other hand, there are similar transformations in the legal framework of civil society cooperation with the police: the idea of decentralization corresponds to the Euro-Atlantic course, which is the guiding one, in the context of shaping state policy for Ukraine. It is pointed out that the process of perception by the police and structural units of law enforcement agencies of the European Union member states of the influence of civil society on the style of their functioning is a process of democratization of the socio-political system.


2020 ◽  
Vol 1 (4(106)) ◽  
pp. 14-22
Author(s):  
Ю. О. Єрмаков

The relevance of the article is that state regulation is a form of activity that is expressed in the establishment by the state of general rules of conduct (activity) of participants in public relations. It is the state, as an apparatus of political power, through its bodies carries out law-making, law enforcement and law enforcement activities. Therefore, the activity of state bodies is a necessary condition for the functioning of the mechanism of legal regulation of public relations. In the functioning of the mechanism of legal regulation, a significant role is played by the law enforcement activity of state bodies, which embodies its activity in the exercise of the relevant powers. The need for active participation of the state in the regulation of subsoil use is connected on the one hand with the active participation of Ukraine in world integration processes, and on the other hand due to the duality of the legal nature of the subsoil. The article considers the peculiarities of the implementation of state control functions in the field of subsoil use and protection. It is noted that the state system of subsoil use control consists of certain elements, the isolation of which, the analysis of their criminogenicity and effectiveness of implementation of their functions by control subjects, provides an opportunity to assess their use by operational units in detecting and documenting criminal offenses. . The efficiency of the functioning of this system is studied, its main parameters influencing the operational situation in the field of subsoil use and protection are determined, namely: the effectiveness of measures at each stage of control over the use and protection of subsoil (preliminary; preparatory; current; those being implemented). in case of violations (by business entities that have permits or by persons engaged in illegal mining)). It is noted: inefficiency of subsoil and environment monitoring; uncoordinated work of controlling bodies; imperfect division of powers between regulatory and law enforcement agencies, their inability to resolve the issue of termination of offenses on their own; dispersion of control powers between Gosgeonadra and Derzhhirnychpromnahlyad; significant corruption component in the activity of permitting bodies.


2002 ◽  
Vol 3 (2) ◽  
pp. 195-215 ◽  
Author(s):  
Frank Schwartz

When defined broadly, we can proceed on the assumption that in all but the most totalitarian of modern contexts, there is some kind of civil society that can be identified and compared cross-nationally. Although Japan may not strike the casual observer as the most fertile ground for such an investigation, setting bounds to the state and freeing space for plurality – the foci of a civil society approach – have long been key issues for that country. Japan may be the strictest of all advanced industrial democracies in regulating the incorporation of nongovernmental organizations, but the 1990s represented a watershed in this regard, and the passage of new legislation in 1998 will enable many thousands of organizations to win legal status without subjecting themselves to stifling state regulation.


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