scholarly journals LEGAL BASIS OF FUNCTIONING OF LAW ENFORCEMENT BODIES AS SUBJECTS OF FORMATION AND IMPLEMENTATION OF STATE POLICY IN THE SPHERE OF NATIONAL SECURITY AND DEFENSE

Author(s):  
V.V. MAKARCHUK
2021 ◽  
Vol 75 (2) ◽  
pp. 35-44
Author(s):  
Vitalii Makarchuk ◽  

The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.


Author(s):  
Aleksey V. Kutuzov

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.


2018 ◽  
Vol 35 (2) ◽  
pp. 10-17
Author(s):  
A. V. Aldoshkin

Today rates of own production don't meet the increased needs of the population and don't promote saturation of the markets domestic production that threatens food and national security in general. In such conditions extremely important are problems of import substitution, replacement of the imported goods due to revival and development of the domestic production of the food industry which is turning out competitive products. Need of cardinal increase in competitiveness of the Russian enterprises and expansion of domestic production of the food industry impose requirements to serious reorganization of state policy of import substitution. 


Author(s):  
Omer Tene

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.


Vestnik NSUEM ◽  
2022 ◽  
pp. 135-143
Author(s):  
M. V. Karmanov ◽  
O. A. Zolotareva

The maintenance of civil peace and harmony in the Russian state from time immemorial has been defined as a priority that allows maintaining the integrity of both state and territorial. Global processes taking place in the world, epidemic waves of viruses, incessant local wars, diligent attempts to separate people and peoples bring to the fore the need to consolidate society in order to ensure the national security of the country. In this context, the importance of statistics increases, which significantly affects the perception of the dominant values by society, forms the attitude of people to the state policy being pursued. At the same time, the understanding of statistical information (figures, data) in a number of cases does not correspond to reality, making it difficult to adequately assess the existing situation, which is associated with an insufficient level of statistical literacy of the population, officials and specialists in various fields of activity.


2021 ◽  
Vol 23 (1) ◽  
pp. 177-191
Author(s):  
Mohd Andalusia Masri ◽  
Dahlan Ali ◽  
Darmawan Darmawan

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.


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