WAYS TO IMPROVE LEGAL STANDARDS TO COUNTER TRAFFICKING IN HUMAN BEINGS

Legal Standards ◽

Trafficking In Human Beings ◽

The relevance of the article is that the construction of a democratic legal system of Ukraine primarily involves reforming existing legislation, which would really guarantee the inviolability of rights, freedoms and legitimate interests of society and citizens from unlawful encroachments. Implementation of these tasks by law enforcement agencies, which are obliged to use available forces, means and take effective measures to combat human trafficking. The effectiveness of such measures largely depends on the professional knowledge and skills of investigators and operatives who conduct operational and investigative activities and are involved in covert investigative (investigative) activities, especially those committed by members of organized groups and criminal organizations during the pre-trial investigation. misdemeanors and criminal offenses. At the same time, improving the effectiveness of law enforcement agencies in combating trafficking in human beings requires, first of all, a significant improvement of legal norms, first of all, criminal and criminal procedure law, aimed at improving preventive measures of police and investigation and preventive responsibility for these crimes. The purpose of the study is the theoretical development and implementation of effective rules of criminal law in order to successfully prevent and investigate trafficking. It was found that a person who has been granted the status of a victim of trafficking in human beings has the right to personal security, respect, as well as free access to: information about their rights and opportunities, expressed in the language of such a person; medical, psychological, social, legal and other necessary assistance; temporary placement, at the request of the victim and in the absence of housing, in institutions for victims of trafficking, for up to three months, which if necessary may be extended by decision of the local state administration, in particular in connection with participation of a person as a victim or witness in criminal proceedings; compensation for moral and material damage at the expense of the persons who caused it, in the manner prescribed by the Civil Code of Ukraine; one-time financial assistance in the manner prescribed by the Cabinet of Ministers of Ukraine; assistance in employment, realization of the right to education and professional training.

Cuestiones Políticas - Conflictividad política, pandemia de COVID-19 y nuevos paradigmasConflictividad política, pandemia de COVID-19 y nuevos paradigmas ◽

Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

10.46398/cuestpol.3969.03 ◽

2021 ◽

Vol 39 (69) ◽

pp. 60-73

Author(s):

Dmytro Mirkovets ◽

Volodymyr Atamanchuk ◽

Sergii Marko ◽

Irina Dubivka ◽

Antonina Matsola

Keyword(s):

Law Enforcement ◽

Criminal Proceedings ◽

Criminal Offenses ◽

General Scientific ◽

Points Of View ◽

Conceptual Problems ◽

Systemic Problems ◽

The Right ◽

Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

Trafficking in Human Beings: Training and Services among US Law Enforcement Agencies

Police Practice and Research ◽

10.1080/15614260600676833 ◽

2006 ◽

Vol 7 (2) ◽

pp. 149-160 ◽

Cited By ~ 41

Author(s):

Deborah G. Wilson ◽

William F. Walsh ◽

Sherilyn Kleuber

Keyword(s):

Law Enforcement ◽

Human Beings ◽

Trafficking In Human Beings

The European Court of Human Rights as Part of Criminal Procedural Legislation of Ukraine

Bulletin of Kharkiv National University of Internal Affairs ◽

10.32631/v.2020.3.23 ◽

2020 ◽

Vol 90 (3) ◽

pp. 235-244

Author(s):

О. С. Розумовський ◽

О. О. Кочура

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Supreme Court ◽

Practical Implementation ◽

Criminal Proceedings ◽

European Court ◽

The Supreme Court ◽

Grand Chamber ◽

The author has studied the issue of the origin and formation of the European Court of Human Rights after the Second World War, steps in the establishment and development of this Court, as well as the actions of the Member States to consolidate the development of the European Court of Human Rights at specialized conferences with the support of the Committee of Ministers. The list of regulatory and legislative acts adopted by the Verkhovna Rada of Ukraine for the establishment of the rule of law in regard to the understanding of human rights in the activities of Ukrainian courts has been researched. Since the Convention for the Protection of Human Rights and Fundamental Freedoms has become part of national legislation after its ratification by the Verkhovna Rada of Ukraine, more detailed study should be conducted regarding the urgent task of fully understanding the content of this international treaty and the main mechanisms for implementing its norms. The author has analyzed the implementation of the case law of the European Court of Human Rights on the example of its specific decisions into criminal procedural legislation of Ukraine by applying the decisions of the European Court of Human Rights by the Grand Chamber of the Supreme Court in its activities and problematic aspects of their practical implementation. Particular attention has been paid to the study of problematic aspects of the use of these decisions in practice by highlighting the rulings of the Grand Chamber of the Supreme Court issued in 2019. The author has analyzed the decisions of the European Court of Human Rights in regard to the conducted secret (search) actions by law enforcement agencies with further disclosure ob obtained evidence to the defense party; it has been also pointed out that the right to disclose evidence contained in criminal proceedings is not absolute to the defense and may be limited only in cases when there are the interests of national security, information protection or witness protection concerning the methods and forms of law enforcement agencies’ activity. The author has made propositions to resolve certain situations related to the implementation of the decisions of the European Court of Human Rights in Ukraine.

System guarantees of OSINT in the sphere of anti-corruption activities in law enforcement agencies

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.4.2019.23 ◽

1970 ◽

pp. 137-141

Author(s):

Viacheslav Shcherban

Keyword(s):

Law Enforcement ◽

Public Information ◽

Free Access ◽

State Budget ◽

Financial Status ◽

Communal Property ◽

Other Information ◽

Right To Information ◽

In the article the specific of OSINT guarantees functioning in the field of anti-corruption activities in law enforcement agencies are analyzed. The author classified the system of such legal guarantees. The legal nature of each of the guarantees has been investigated. Their relationship, nature and role have been clarified. Their content and importance for the proper functioning of OSINT in the field of anticorruption activities in law enforcement agencies are described. It is proved that the system of guarantees of OSINT functioning in the field of anti-corruption activity in law enforcement agencies is the following guarantees: 1) guarantee of the right of law enforcement agencies to collect, store, use information freely, if it does not violate the secrecy of correspondence, telephone conversations, telegraph and other correspondence, and does not consist in the collection, storage, use of confidential information; 2) guaranteeing the creation of mechanisms for the exercise of the right to information by law enforcement agencies in the process of conducting open-source intelligence; 3) guarantee of free access of law enforcement authorities to statistical data, archival, library and museum funds, other information banks, databases, information resources and receipt of necessary information from all state authorities, enterprises, organizations and institutions, including banks, regardless of form property, including information from automated information and reference systems, databases, property information, income, expenses, financial liabilities of persons who declare them in the prescribed the law of the order, information about the use of funds of the State Budget of Ukraine, disposal of state or communal property; 4) guarantee of openness of information on the financial status of the subject of authority; 5) guarantee of receiving information from its managers; 6) guarantee of maximum simplification of the procedure for obtaining public information.

The exchange of self-incriminating information of athletes between sports organisations and law enforcement

The International Sports Law Journal ◽

10.1007/s40318-021-00194-y ◽

2021 ◽

Author(s):

Björn Hessert

Keyword(s):

Law Enforcement ◽

Role Model ◽

Social Impact ◽

Professional Sports ◽

Criminal Proceedings ◽

Intelligence Gathering ◽

As Doping ◽

The Social ◽

Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

THEORETICAL AND PRACTICAL ASPECTS OF USE OF ELECTROSHOCK WEAPON

BORDER SECURITY AND MANAGEMENT ◽

10.17770/bsm.v3i8.5357 ◽

2020 ◽

Vol 3 (8) ◽

pp. 35-44

Author(s):

Sergejs Talapins ◽

Eduards Agafonovs

Keyword(s):

Law Enforcement ◽

Public Order ◽

Minimal Risk ◽

Physical Force ◽

Working Dogs ◽

Physical Abilities ◽

Control Order ◽

The Moment ◽

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.

The Protection of the Rights to Life and Health in Emergencies: An Examination of the Handling of Covid-19 Pandemic in Nigeria

KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques ◽

10.5771/2363-6262-2021-2-259 ◽

2021 ◽

Vol 8 (2) ◽

pp. 259-279

Author(s):

BONTUR LUGARD Sunday

Keyword(s):

Human Rights ◽

World War Ii ◽

Law Enforcement ◽

Video Camera ◽

Continuous Training ◽

Moral Duties ◽

Entire Society ◽

The Right ◽

The Impact

The Coronavirus Disease (COVID-19) is inarguably the most disrupting occurrence in human affairs since the World War II. This virus left governments, communities and systems with the legal, social and moral duties to protect from its impacts. However, some of the approaches adopted towards protecting the victims, potential victims, and the entire society, especially in Nigeria, caused more harm than the disease itself. This work reviews the impact of the curtailment measures adopted by governments in Nigeria and their adverse bearing on human rights, especially the right to life as a sacrosanct and universal right. It further examines how law enforcement agencies’ operations - within the confines of the institutional and international best practices - their non-adherence to the rules of engagement or principles of ethical operations have resulted in the violation of human rights, rather than protecting them. It also analyses the impact of the virus on the right to health and access to medical facilities in times of emergencies in Nigeria and concludes that both rights were either violated or not realized within the context of the ‘war’ against the COVID-19 pandemic. This work advocates for the continuous training on human rights responsibilities of law enforcement agents, a more rigorous recruitment process with a minimum qualification from school certificate to ordinary national diploma, the use of video camera in the course of operations, among others that would help safeguard the rights of citizens in times of emergencies like the COVID-19.

TOPICAL ISSUES OF PROFESSIONAL AND PSYCHOLOGICAL SUITABILY IN THE SYSTEM OF THE MIA OF THE REPUBLIC OF TAJIKISTAN

Applied psychology and pedagogy ◽

10.12737/2500-0543-2021-6-3-211-218 ◽

2021 ◽

pp. 211-218

Author(s):

Somon Latifzoda

Keyword(s):

Law Enforcement ◽

Police Officers ◽

Professional Training ◽

Scientific Literature ◽

Decisive Role ◽

Psychological Characteristics ◽

Internal Affairs ◽

The Republic ◽

Psychological Diagnostics

This article discusses the main problems and issues of professional and psychological suitability in the system of the Ministry of Internal Affairs of the Republic of Tajikistan. The analysis of the existing scientific literature was carried out, and also the author's recommendations were formulated to improve the professional training and professional suitability of the employees of the Ministry of Internal Affairs. Along with the professional training of police officers, their psychological qualities also play a decisive role in ensuring efficiency in operational-search activities. The quality and effectiveness of the implementation of operational-search activities, then its level directly depends on the psychological characteristics of the operative and his professional training. It should be noted that scientifically grounded conclusions about the professional and psychological suitability of employees can only be achieved with the help of high-quality and correct psychological diagnostics, that is, using psychometric methods. The basis for the survey of professional and psychological suitability, the procedure, procedure, conditions and terms of the survey, cases of re-examination are determined by regulatory legal acts. Consequently, the research and scientifically grounded measures to determine professional suitability in the internal affairs bodies of the Republic of Tajikistan are relevant, and the scientifically grounded results obtained as a result of our research can be used to further improve the professional and psychological selection to the law enforcement agencies of the country.

Research on soils, stone products and rocks – selected cases of opinions issued by the Central Forensic Laboratory of the Police in Warsaw

Issues of Forensic Science ◽

10.34836/pk.2021.311.3 ◽

2021 ◽

Vol 311 ◽

pp. 57-70

Author(s):

Robert Bachliński ◽

Keyword(s):

Law Enforcement ◽

Scientific Discipline ◽

Soil Samples ◽

Concrete Slabs ◽

Chemistry Department ◽

Agricultural Machinery ◽

Criminal Proceedings ◽

Law Enforcement Agencies

Research on soils, stone products and rocks is part of a scientific discipline known as forensic geology. Among the police forensic laboratories, this type of studies are performed only at the Chemistry Department of the Central Forensic Laboratory of the Police (CFLP) in Warsaw and comprise approximately 2% of all opinions issued annually. Despite a relatively low workload in recent years, the interest of law enforcement agencies in the use of this type of analyses in the criminal proceedings is on the rise. This article presents three exemplary opinions issued in recent years at the CFLP. The first opinion relates to murder, whereby concrete slabs were used to commit the criminal act. The second is related to an agricultural machinery fire, whereby evidence included soil samples recovered at the scene and from the suspect’s clothing. The last opinion concerns the falsification of semi-finished products used for amber jewelry craftsmanship.

Specifics of some anti-corruption measures in Russia within the framework of public and state security

Current Issues of the State and Law ◽

10.20310/2587-9340-2020-4-16-541-547 ◽

2020 ◽

pp. 541-547

Author(s):

Tatyana Plotnikova ◽

Andrey Paramonov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Procedure ◽

Presumption Of Innocence ◽

Criminal Proceedings ◽

State Security ◽

Procedure Code ◽

Illegal Acts ◽

The Russian Federation

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.