scholarly journals THE DEVELOPMENT OF THE METHODOLOGY «CONDUCTING forensic military examinations EVALUATING THE ACTIONS OF OFFICERS (LEADERS, COMMANDERS, CHIEFS) SUBJECTS OF FIGHT AGAINST TERRORISM IN THE COURSE OF ANTI-TERRORIST OPERATION»

2019 ◽  
pp. 837-843
Author(s):  
A. Vlasiuk

The article analyzes the current state of the research techniques for evaluating the actions of officials during an antiterrorist operation during a forensic military examination. The structure of the methodology is outlined, the subject-matter, object, subjects and main tasks of the forensic military expertise are determined, the proposed algorithm of actions of the forensic expert during the relevant studies has been developed. The developed methodology covers the study of a causal violation of the current legislation by officials of the Security Service of Ukraine, the Armed Forces of Ukraine, and other military units established in accordance with the law, law enforcement agencies of the security and defense sectors, with the onset of serious consequences – the loss of people, the cause of material damage to legal entities and individuals and so on. According to the results of research work, it will be proposed to include this methodology in the Register of methodologies for conducting forensic expertises and in the List of scientific, technical and reference literature majoring in 16.1 “Military research”. Key words: anti-terrorist operation, methodology, fight against terrorism, judicial military expertise, official.

2020 ◽  
pp. 707-714
Author(s):  
V. Savechko ◽  
A. Kozlov

The article deals with the main results of the interim report for 2019 of the research work “Development of a methodology for establishing the conformity of actions (inactions) of officials with the requirements of regulatory documents on the organization of storage of missiles and ammunition and other means of destruction at arsenals, bases and warehouses” on the implementation of the activity of the troops (forces) of the Alliance’s military standards, the definition of the subject, object, main tasks and indicative list of issues of military expertise on the study of storage organization of missiles and ammunition. Application of the methodology relates to the research of the following issues: – the formation of arsenals, bases and warehouses; planning and organizing of daily life tasks and official activities; security and defense organization; countering sabotage and terrorist attacks; fire safety; storage of missiles and ammunition; fail safe; – determining the causal link between the actions (inactions) of the officials of the Armed Forces of Ukraine, other forces formed in accordance with the laws of the military forces, law enforcement agencies of the security and defense sector to the current legislation (functional duties, instructions).


2020 ◽  
pp. 715-721
Author(s):  
A. Vlasiuk

The article lays out certain aspects that are being investigated within the framework of the research work “Development of a methodology for conducting military forensic assessments of the actions of officials (leaders, commanders, chiefs) of counter-terrorism entities during an anti-terrorist operation” based on the analysis of the structure of the forensic expert methodology, as well as their differences from the evaluation of the actions of the same persons during the operation of the united forces in repelling armed aggression of the Russian Federation. Thus, research of certain aspects of the evaluation of the actions of officials (leaders, commanders, chiefs, other military personnel) of the anti-terrorist operation and the actions of the same persons during the operation of the united forces, indicates differences in international and national legislative, other regulatory regulation of their activities. In particular, in various state-authorized bodies of the state security and defense sector, forces and means that were used (are used) during the operation, management of the operation, goals, objectives, functions, planning, provision and organization of its implementation, use as directed by personnel military units, the legality of using weapons, etc. At the same time, the conducted studies provide the basis for understanding the need to further improve the legal regulation of operations by forces and means of the Armed Forces of Ukraine, the Security Service of Ukraine, other bodies of the security and defense sector and searching and providing answers to questions that arise in modern conditions administration of justice, including in the course of conducting forensic military examinations.


2018 ◽  
Vol 18 (1) ◽  
pp. 23-30 ◽  
Author(s):  
Yu. Radchenko ◽  
H. Korobeinykov ◽  
A. Chernozub ◽  
H. Danko ◽  
L. Korobeinykova

The research objective is to study the current state of hand-to-hand combat and determine the prospects for its development. Materials and methods. The researchers studied the documents on organizing and holding the competitions that took place in 2014-2016, the number and quality of their participants, coaches, hand-to-hand combat referees. The researchers analyzed training programs and competition rules of the most popular combat sports, constituent documents of public associations engaged in hand-to-hand combat development, normative documents on physical training of law enforcement agencies, the Armed Forces of Ukraine and armies of the world’s leading countries. Results. Hand-to-hand combat is closely related to solving military tasks. Due to its ability to adapt to modern military requirements, it is included in military training programs of various law enforcement agencies, the Armed Forces of Ukraine and armies of many countries of the world. The sports type of hand-to-hand combat is the basis for shaping and improving professional and applied skills and has its peculiarities, namely combat (applied) sections included in its training program and competition rules. The analysis of regulatory documents of hand-to-hand combat competitions of different levels among adults held in Ukraine in 2014-2016 proved that the overwhelming majority of them, 65% (of the total number of competitions held among adults) are competitions among employees of various law enforcement agencies and servicepersons. The analysis of competition rules revealed the peculiarities of organizing and holding competitions in this sport, in particular the possibility to hold competitions demonstrating the techniques used in standard situations of a real combat with an enemy, with and without weapons. This provides an opportunity to control servicepersons’ and law enforcement officers’ proficiency level of the applied section. Conclusions. The modern hand-to-hand combat is a unique sport that combines sports and applied types. Due to its peculiarities, it is currently a significant part of combat and professional training of servicepersons and law enforcement officers.


2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.


2019 ◽  
pp. 1-20 ◽  
Author(s):  
Gustavo A. Flores-Macías ◽  
Jessica Zarkin

What are the political consequences of militarizing law enforcement? Across the world, law enforcement has become increasingly militarized over the last three decades, with civilian police operating more like armed forces and soldiers replacing civilian police in law enforcement tasks. Scholarly, policy, and journalistic attention has mostly focused on the first type, but has neglected the study of three main areas toward which we seek to contribute: 1) the constabularization of the military—i.e., when the armed forces take on the responsibilities of civilian law enforcement agencies, 2) the extent to which this process has taken place outside of the United States, and 3) its political consequences. Toward this end, we unpack the concept of militarized law enforcement, develop theoretical expectations about its political consequences, take stock of militarization in Latin America, and evaluate whether expectations have played out in the region. We show that the distinction between civilian and military law enforcement typical of democratic regimes has been severely blurred in the region. Further, we argue that the constabularization of the military has had important consequences for the quality of democracy in the region by undermining citizen security, human rights, police reform, and the legal order.


2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.


Author(s):  
A. N. Khalikov

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 


2021 ◽  
Vol 12 (2) ◽  
pp. 13-47
Author(s):  
Eduardo Frederico Cabral de Oliveira ◽  
José Francisco de Oliveira Júnior ◽  
José Augusto Ferreira da Silva

Weak governance over the Brazilian Amazon is jeopardizing both social and environmental balance. Moreover, the loss of this balance can have severe social, economic, and political consequences at local, national, and global levels. Therefore, we plan to answer how the Brazilian forest is being protected based on the perspective of the environmental military police integrating all states of the so-called Legal Amazon. The study came from a field survey conducted through a questionnaire sent to those police agencies. The research is based on exploratory and descriptive methods of qualitative and quantitative approach with both field research and literature review on the subject. We sought to evaluate publications that satisfactorily described the “state of the art” of the main research on the topic, as we strove for the quality and comprehensiveness of the research, and a field survey through a questionnaire applied to law enforcement agencies. The responses were organized into four groups, allowing an overview of the environmental inspection in the region. Although the Amazon Rainforest is the largest tropical rainforest in the world, it has been found that states in the region devote little human and material resources to its protection. They are insufficient, tactically, and strategically under-employed, poorly distributed, and for the most part, far below the national average, which is already lower than recommended by international bodies which dedicate to the protection of nature.


2021 ◽  
pp. 228-243
Author(s):  
Е. Lukianchykov ◽  
B. Lukianchykov ◽  
S. Petriaiev

The article deals with the problematic issues of the forensics characteristics of crimes as a scientific category of forensic science and tools of cognitive activity in the disclosure and investigation of crimes. Attention is drawn to the fact that the modern stage of development of society is characterized not only by quantitative, but also by qualitative changes in the state of crime. New types of crimes are appearing and traditional methods of their commission and concealment are being improved using the achievements of scientific and technological progress. Significant parts of the crimes remain unsolved, and the persons who committed them are not punished. Law enforcement agencies are faced with the task of quickly disclosing them and protecting the violated rights of victims. Science, primarily forensic science, is called upon to provide assistance in solving such problems. In the historical aspect, the development of the theory of forensic methodology, determining its place in the system of forensic science is considered. It is noted that it is advisable to consider the forensic methodology both as a branch of science, and as a system of knowledge about the technology of investigating crimes, and the technology itself, a kind of algorithm for investigating crimes, which is implemented in the practical activities of investigators, detectives, prosecutors. Attention is drawn to the fact that since the mid-80s of the last century, the concept of criminalistics characteristics of crimes has entered the scientific circulation. Its correlation with the subject of proof and the opinions of scientists and practitioners about the place of forensic characteristics in the structure of private methods of investigation of certain types of crimes are analyzed. Based on the analysis, the author substantiates the conclusion that the forensic characterization of crimes should be considered as a structural element of a private investigation methodology and the basis for the development of such methods. Attention is drawn to the mandatory study of the correlation dependences between its elements, which can serve as a key to disclosing a specific crime.


Author(s):  
Irina Sergeevna Mikhaleva ◽  
Anastasiya Sergeevna Sergunova

The object of this research is the system of socio-legal relations in the sphere of ensuring road traffic safety. The subject of this research is the legal norms that regulate the administrative-legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The goal of this article consists in the analysis of the normative framework that regulates operation of automated vehicle on the road, as well as the administrative-legal status of the driver of such vehicle. Analysis is conducted on the foreign experience, federal legislation, bylaws and departmental acts pertaining to consolidation of the the legal status of the driver of automated vehicle in the instance of committing offense that caused a road traffic accident. The novelty of this work is defined by practical and scientific relevance of the problems of the activity of law enforcement agencies in the area of ensuring road traffic safety, as well as the need for improving the legal framework that regulates the authority of the Russian police. The acquired results can be used in legislative activity of the government branches, activity of the law enforcement agencies, educational institutions, scientific research of the experts dealing with the problems of ensuring road traffic safety, improvement of the branches of Russian legal system.


Sign in / Sign up

Export Citation Format

Share Document