scholarly journals THEORETICAL QUESTIONS OF FORMATION OF PRINCIPLES OF LAW ENFORCEMENT ACTIVITY OF JUDICIAL AUTHORITIES IN UKRAINE

2019 ◽  
Vol 5 (1) ◽  
pp. 39-45
Author(s):  
V. Yu. KLIUCHKOVYCH ◽  
Keyword(s):  
Law Enforcement ◽  
Enforcement Activity

THEORETICAL AND PRACTICAL UNDERSTANDING OF ANTI-CORRUPTION POLICY OF UKRAINE: THE EUROPEAN INTEGRATION ASPECT

2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
European Integration ◽  
International Standards ◽  
The Rule Of Law ◽  
Third World Country ◽  
Broad Interpretation ◽  
Enforcement Activity ◽  
Cross Border Cooperation ◽  
The Eu

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

DIRECTIONS OF IMPROVEMENT OF MECHANISMS OF INFLUENCE OF CIVIL SOCIETY ON STATE REGULATION OF LAW ENFORCEMENT ACTIVITY

2017 ◽  
Author(s):  
Irina Zhukova ◽  
◽  
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
State Regulation ◽  
The State ◽  
Maximum Efficiency ◽  
Law Enforcement Agencies ◽  
Protection Of Human Rights ◽  
Key Aspects ◽  
Enforcement Activity ◽  
Regulation Of Law

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.

MONITORING OF LEGISLATION AND LAW ENFORCEMENT IN RULE MAKING: EXPERIENCE OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Наталья Полящук ◽  
Natalya Polyashchuk
Keyword(s):  
Law Enforcement ◽  
Regulatory Framework ◽  
Conceptual Content ◽  
Integral Component ◽  
The Republic ◽  
Executive Officers ◽  
Rule Making ◽  
Enforcement Activity ◽  
Law Making

The article provides general characteristics of legal acts regulating the rule making process in the Republic of Belarus and reveals drawbacks that are subject to rectification as part of further improvement of rule-making. The author justifies the position that monitoring of legislation and law enforcement is an integral component of law making that permits to assess efficiency of legal and regulatory framework and optimize both rule making and law enforcement activity. Nevertheless, among the sources regulating certain stages of rule-making process in the Republic of Belarus, there are no regulatory legal acts that would envisage the necessity to carry out legal monitoring (monitoring of legislation and law enforcement) and set forth its procedure. At the same time the Republic of Belarus has enough potential to form an appropriate system to monitor legislation and law enforcement and enshrine it at the regulatory level. Taking these circumstances into account, the author outlines proposals relating to conceptual content (meaning) of regulatory legal acts on the basis of which the author intends to introduce the institute of legal monitoring into the practice of rule-making authorities (executive officers) in the Republic of Belarus.

scholarly journals Criminality Countermeasures Through Attainment Scientific Truth and Its Practical Implementation in Works and Law Enforcement of Professor V.S. Ishigeyev

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Tatyana Sudakova ◽  
Irina Kravchenko ◽  
Svetlana Koryagina
Keyword(s):  
Law Enforcement ◽  
Criminal Behavior ◽  
Theory And Practice ◽  
Practical Implementation ◽  
State University ◽  
Successful Work ◽  
Advocacy Activity ◽  
The Russian Federation ◽  
Scientific Truth ◽  
Enforcement Activity

The sphere of scientific interests of Doctor habil. in Law, Professor V.S. Ishigeyev is a reflection of multiversity and remarkability of his personality and is determined both by the previous and currently implemented experience of practical law enforcement activity. Criminal behavior countermeasure as an aggregate of multi-aspect measures of criminal and criminological, in particular, policy is regarded by him through the measures of penitentiary prevention, criminalistics and criminal-legal support of their efficiency. Establishment of the professors scientific sphere was connected with criminalistic works and thesis research which became a deflection of his successful work in the interior affairs bodies and his academic activity in the Chair of Criminal and Legal Disciplines of Irkutsk Branch of Khabarovsk Law Enforcement Academy (now East-Siberian Institute of Ministry of Interior Affairs of the Russian Federation). The further scientific studies were connected with problems of penitentiary criminality and measures of it prevention. The thesis research, prepared in the Chair of Criminal Law and Criminology of Baikal State University and devoted to these problems, allowed to develop understanding of the criminal-penitentiary prevention and criminal-penitentiary legislation. V.S. Ishigeyev is an active advocate of developing the teaching of professional criminality and its topical manifestations, the theory and practice of qualification of separate types of crimes and criminal punishment. Being the author of seven monographs, eight study letters, and more than 50 scientific articles of the criminal and legal cycle, Professor Ishigeyev is successfully lending his knowledge and experience, including his practical activities, to his followers, 16 Ph.D. theses were defended under his scientific supervision. At the same time, the Professor is an author of two literary works tht reflect the experience of his advocacy activity.

scholarly journals Perspectives for Using the Programmatic Approach within the Activities of Law Enforcement Agencies of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 170-178
Author(s):  
O. O. Khan
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
National Guard ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Emergency Situations ◽  
Course Of Action ◽  
State Of Research ◽  
Enforcement Activity ◽  
Investigative Activity

On the basis of the analysis of the state of research of algorithms and programming of investigative activity in criminalistics, the author has grounded the expediency of applying a programmatic approach to solving typical tactical problems in other areas of law enforcement activities. Theoretical prerequisites for the development of procedural action programs by law enforcement entities in Ukraine (criminal and procedural, operative and search, administrative and jurisdictional) have been determined. The necessity of intensifying scientific researches in the direction of development of branch concepts of tactics of different types of law enforcement activities and their constituent elements (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques and their situational predetermination) has been determined. In particular, the author has determined that the investigator is not the only possible subject of being armed with tactical recommendations in the form of algorithms and programs. The subject matter of the research of criminalistic tactics is not only investigative activity, but also operative and search, judicial and prosecutorial activity in criminal proceedings. Equally important is the tactical completion of administrative activities of law enforcement agencies and, on this basis, the establishment of programs of action by police officers, border guards, National Guard, customs service, etc. in exercising their administrative powers for the protection of public order and state border, actions in emergency situations, administrative cases, etc. The justification of the possibility of applying a programmatic approach within administrative activities of law enforcement agencies is the uniformity of administrative and jurisdictional, criminal and procedural activities, which are covered by a single concept of “law enforcement activity”. It has been established that the programmatic approach can be applied in any sphere of law enforcement activity, if: 1) such activity is situational in nature, and it is possible to perform the tasks arising during the implementation of this activity through consistent implementation of certain actions; 2) there is the need to streamline these activities by providing tactical recommendations in the modern form with the use of computer technologies and the ability to use them directly in the course of action, in “field conditions”; 3) the level of elaboration of theoretical bases of tactics of a specific type of law enforcement activity is sufficient (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques has been elaborated).

scholarly journals CURRENT PROBLEMS OF FORENSIC INNOVATIONS RESEARCH: CONCEPT, ATTRIBUTES AND SIGNIFICANT FEATURES

2020 ◽  
Vol 21 (1) ◽  
pp. 25-45
Author(s):  
V. Shevchyuk
Keyword(s):  
Law Enforcement ◽  
Production Technology ◽  
New Product ◽  
Methodological Basis ◽  
Methodological Foundation ◽  
Technology Service ◽  
Complex Approach ◽  
Research Concept ◽  
Basic Concepts ◽  
Enforcement Activity

The article is devoted to relevant problems of the reaserch on forensic innovations concept, its significant features, attributes, theoretical problems of development and their implementation into law enforcement activity. The analysis of scientific approaches to forensic innovations understanding is carried out, its definition is offered, significant features and attributes are singled out, its relation to the concept of innovative forensic product is analyzed. The main features of forensic innovations are considered: innovativeness (novelty), objectivism, subjectivism, purposefulness, demand, practical applicability, efficiency. It is substantiated that innovation should be understood as developed, implemented and applied in practice the latest technical-, tactical-, methodicalforensic means that are the result of research or development activities, embodied in the form of a new product (production), technology, service, solutions, used by special qualified entities in practice and aimed at effectively solving forensic tasks and ensuring optimization, improving the quality and effectiveness of law enforcement practice. It’s noted that in modern realities an important course for improving the conceptual apparatus of forensic innovation is the clarification and unification of terms. The main categories of the studied theory are the concepts of “innovative forensic product” and “forensic innovation”. The analysis of the essence of these concepts gives grounds to assert that the innovative forensic product and forensic innovation are separate types of means of forensic innovation. The methodological basis for the development and implementation of forensic innovations into law enforcement are activity-based, system-structural and technological approaches, the use of which is promising for the formation of a separate forensic theory − forensic innovation. It’s substantiated that the complex approach in the development and formation of forensic innovation basic concepts is a methodological foundation for further research on this issue. It’s noted that in current realities criminalistics and each of its sections face important problems intending to study and take into consideration modern innovative achievements of science and technology, which can be effectively used while combating crime and successfully ensure urgent needs with forensic innovations in practice. New scientific approaches and proposals for solving the researched discussion problems are justified, perspective directions of research in this field of knowledge are defined.

scholarly journals ABOUT THE SYSTEM OF ORGANIZATIONAL AND TACTICAL RECOMMENDATIONS FOR THE IDENTIFICATION OF A PERSON WHO DISAPPEARED FROM THE SCENE OF A ROAD ACCIDENT

2021 ◽  
Vol 31 (3) ◽  
pp. 445-449
Author(s):  
A.M. Kaminsky ◽  
P. S. Shinyaeva
Keyword(s):  
Law Enforcement ◽  
Road Accident ◽  
Positive Experience ◽  
Road Accidents ◽  
Effective Use ◽  
Enforcement Activity

The analysis of materials on crimes and offenses in the field of road accidents allows us to state that the number of cases of abandonment of the scene of a road accident or crime by its participants is steadily increasing, as evidenced by the data provided in the article. In this regard, their identification and search are urgent practical tasks that need to be addressed. However, the authors failed to find a targeted comprehensive forensic system of recommendations of the methodological and organizational-tactical plan for actions in situations of establishing the identity of a fugitive offender and his detention. Law enforcement practice in this area has accumulated some positive experience, and recently created technical tools and tactics open up opportunities for their effective use in the search, identification and detention of the offender. But all these aspects require systematization and generalization within the framework of a system of recommendations focused on practical activities. The formulation of such recommendations requires, first of all, the identification of criminally significant grounds for the typification or classification of situations that develop in the course of this activity, and the structuring of its stages. Then, logically, the organizational and tactical schemes and methodological recommendations typical for this type of law enforcement activity should follow. From this position, the authors made some suggestions for creating a system of such recommendations.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

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.

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