scholarly journals FOREIGN NEWS IN THE FIELD OF CRIMINALISTIC TECHNOLOGY

2020 ◽  
pp. 361-371
Author(s):  
O. Yakovlev ◽  
B. Lukianchykov ◽  
O. Svirin ◽  
O. Mykytenko
Keyword(s):  
Law Enforcement ◽  
Biological Fluids ◽  
Law Enforcement Agencies ◽  
Subsequent Work ◽  
Criminal Offenses ◽  
High Level ◽  
National Police ◽  
Explosive Devices ◽  
Material Evidence ◽  
The Revolution

After the Revolution of dignity and the reform of the National Police, the number of criminal offenses committed in our country unfortunately remains at a high level. This is confirmed by the statistics provided on the website of the Office of the Prosecutor General of Ukraine. Therefore, the total number of all registered criminal offenses in Ukraine amounted to 565 182 in 2015, 592 604 in 2016, 523 911 in 2017, 483 133 in 2018, 444 130 in 2019. At present, one of the priority areas of the law enforcement bodies of our state is the investigation of criminal offenses against participants in the Revolution of Dignity, as well as crimes committed in the areas of environmental protection, which is emphasized by the country’s leadership and the directed expectations of ordinary citizens. During the commission of grave and especially grave criminal offenses, law enforcement officers confiscate a variety of material evidence, among which quite often there are used cartridges, bullets, remnants of explosive devices, burned cars, etc. heating (for example, sleeves after a shot). That is why, more and more often, there is a need for constant updating of modern forensic technology and methods for its use and the introduction of the positive experience of law enforcement agencies of foreign countries in the investigation of crimes and subsequent work with material evidence in the framework of forensic examinations. The seizure of such material evidence as fingerprints or biological fluids of the offender’s personality are the most significant evidence in court, subject to the positive conclusions of the examinations carried out on these traces, which will allow to identify the person and prove his involvement in the commission of a criminal offense. The use of forensic technology in the detection and investigation of hidden fingerprints and biological fluids in the investigation of crimes is the subject of the work of such domestic and foreign scientists as V. P. Bakhin, R. S. Belkin, P. D. Bilenchuk, M. S. Bokarius, V. G. Goncharenko, I. V. Mountains, A.V. Ishchenko, E. P. Ishchenko, V. A. Kolesnyk, V. K. Lysychenko, M. M. Lysova, E. D. Lukianchykov, A. V. Oderii, O. A. Parfylo, M. A. Pohoretskyi, M. V. Saltevskyi, T. A. Sedovoi, V. S. Kuzmicheva, M. Ya. Sehai, V. V. Tyshchenko, V. Yu. Shepitko, N. E. Shumylo, M. G. Shcherbakovskyi and other scientists.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

scholarly journals Competences and Authority of the Corps of the Operative-Flash Action

2020 ◽  
Vol 9 (29) ◽  
pp. 156-162
Author(s):  
Volodymyr Hryhorovych Hrytsenko ◽  
Olesia Yanivna Tragniuk ◽  
Volodymyr Mykolaiovych Vasyliev ◽  
Lesia Ihorivna Myskiv
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Public Security ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Special Unit ◽  
The Right ◽  
High Level ◽  
National Police ◽  
Comprehensive Study

The purpose of the article is a comprehensive study of the competences and authority of the Corps of the Operative-Flash Action (KORD), as a special body implementing public security and order. The authors used the following methods of scientific knowledge when writing the article: formal logical; comparative analysis; systemic structural; formal legal; logical and normative. A comprehensive study of the competence and powers of KORD has been conducted in the article. It has been determined that the authority of this unit of the National Police of Ukraine are represented by a set of rights and obligations, and the competence includes its powers. The competence of this unit includes both rights and obligations fixed at the legislative level, and professional knowledge that a policeman must have at a high level and correctly apply it in his official activities. It has been argued that the KORD is provided with competence in order to consolidate the scope of the rights and powers of a police officer, which allows regulating the prohibition of going beyond its borders at the legislative level. The analysis of the existing regulatory framework and existing studies related to the competence of law enforcement agencies has been conducted. Three groups of rights of the KORD have been distinguished: 1) rights that directly contribute to the performance of official duties; 2) rights that have an indirect effect on the performance of the special unit employees’ duties; 3) the right to exercise constitutional rights and freedoms.

SYSTEM OF FORENSIC INVESTIGATION OF DOCUMENTS: FOREIGN EXPERIENCE

2017 ◽  
Author(s):  
Viktor Sezonov ◽  
◽  
Svitlana Okhrimenko ◽  
Olena Antoniuk ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Similar Data ◽  
Forensic Investigation ◽  
Law Enforcement Agencies ◽  
Significant Information ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The Subject ◽  
Types Of Information ◽  
Material Evidence

This article is devoted to the study of system of forensic investigation of documents as a branch of forensic technology. It is indisputable that illegal actions committed with the use of documents or those in which documents are material evidence constitute a significant percentage of the system of criminal offenses committed in Ukraine. The article uses crime statistics for 2020, summarized by the General Prosecutor's Office of Ukraine. An analysis of similar data for previous periods suggests that over the past five years, crimes with the use of documents have increased. In the paper, we substantiated that such an increase is the result of natural scientific and technological progress, the emergence of new types of information and its carriers. That is why, during the investigation of crimes, not only the document is examined as a material carrier of significant information, but also the information itself, expressed in letters, numbers, symbols or other signs. This article defines the essence of the subject of forensic investigation of documents as the activity of authorized bodies and persons to conduct a comprehensive investigation of documents and information that is important for the investigation of a crime or for its prevention. It is pointed out that in the system of domestic forensic investigation of documents are three parts - forensic authorship, handwriting investigation and technical and forensic investigation of documents. At the same time, it was established that the system for examining documents that have criminalistic significance in foreign countries does not contain any evidence of the existence of a division of this type of examination into separate subspecies. As a rule, in foreign countries, the investigation of documents is covered by the concept of forensic examination, but which is carried out by specialized bodies created precisely for this purpose and which have the appropriate powers throughout the country. Sometimes the investigation of documents and information that they contain is the only functional competence of the created bodies or their structural divisions. The article also identifies the forms of international cooperation in the field of forensic documentation and identifies promising directions for the development of this legal institution of forensic science both for science and for the practical activities of law enforcement agencies.

scholarly journals Specific Features of Interaction between Criminal Police Divisions and Other Subjects within Counteracting Criminal Offenses against Morality

2020 ◽  
Vol 91 (4) ◽  
pp. 282-294
Author(s):  
O. M. Yemets
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Law Enforcement Agencies ◽  
Governmental Organizations ◽  
Educational Literature ◽  
Non Governmental Organizations ◽  
Criminal Offenses ◽  
The Subject ◽  
National Police

The author has defined the peculiarities of the interaction of criminal police units with other entities in counteracting criminal offenses against morality, which should help to solve the problem of scientific provision of the activities of law enforcement agencies in this area. Taking into account the set purpose, the specifics of the object and the subject matter of the research, the author has chosen the methodological tools. During the research the author has used the system of methods of scientific cognition: formal logic (abstraction, analogy, deduction, induction, synthesis) for the detailed clarification of the content of the considered issues; empirical – during the experimental study; method of system analysis – to determine the directions of introduction of innovative approaches to solve the problem; theoretical – during the study of scientific and educational literature; modeling – in the study of certain objects by modeling their individual features. Based on the analysis of the current practice of law enforcement agencies in combating criminal offenses against morality, the author has defined the current features of the interaction of criminal police units with other entities in this area. Besides, the author has formulated own concept of the interaction of criminal police units with other entities in combating criminal offenses against morality; has provided general characteristics of such entities; and has highlighted some recommendations on the use of their capabilities by operative units of the National Police during the detection, documentation and investigation of these criminal offenses. It has been established that criminal police units interact with other entities as part of the National Police. In fact the capabilities of Interpol and Europol are used. Besides, cooperation with other international and non-governmental organizations is envisaged. Certain features of the interaction of criminal police units with other entities in combating criminal offenses against morality can be used by law enforcement officers, as well as scholars in conducting further research in this area.

scholarly journals Forensic researches at National Academy of Internal Affairs: heritage of scientific schools (Review Article)

2021 ◽  
Vol 23 (1) ◽  
pp. 24-44
Author(s):  
S. Cherniavskyi ◽  
V. Yusupov
Keyword(s):  
Law Enforcement ◽  
Scientific Activity ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Main Research ◽  
Scientific Schools ◽  
Legal Science ◽  
Science And Education ◽  
Internal Affairs ◽  
High Level

The Article purpose is to disclose the process of the formation of forensic scientific schools in the National Academy of Internal Affairs on the basis of the study of its historical development; to emphasize the role of heads of departments and leading professors of the National Academy of Internal Affairs in formation of forensic scientific schools, identify the main research directions of forensic scientific schools of the National Academy of Internal Affairs, highlight their contribution in training of highly qualified scientific and pedagogical staff; to emphasize achievements of forensic scientific schools of the National Academy of Internal Affairs and their significance for advancement of legal science and education in Ukraine. When covering the article content, historical, historiographic, terminological, systemic-structural, formal-logical, comparative-legal and statistical methods have been applied.  It is substantiated that the center for the development of forensic scientific schools in the National Academy of Internal Affairs is the Department of Criminalistics. Main directions of research of forensic scientific schools in the National Academy of Internal Affairs have been systematized and shown. It has been proved that forensic scientific schools of the National Academy of Internal Affairs are developing according to two scientific directions: innovative research of non-traditional traces of crime (the school of Professor M. V. Saltevskij); advancement of investigative activities and methods of investigating criminal offenses based on studying tactics applied by criminals, current achievements in science and technology (school of Professor V. P. Bahin). Scientific links between forensic schools of the National Academy of Internal Affairs and other forensic schools and centers of research institutions, higher educational institutions, law enforcement agencies have been demonstrated. Forensic scientific schools of the National Academy of Internal Affairs play a crucial role in the development of legal science and education, contribute to the formation of the high level of professionalism in law enforcement agencies and lawyers, ensure the unity of law enforcement practice and educational-scientific activity in higher education institutions.

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

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

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 ◽  
Law Enforcement Agencies ◽  
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.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

METHODOLOGICAL CONCEPTS OF ENSURING THE PUBLIC SECURITY AND ORDER DURING MASS EVENTS

2017 ◽  
Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  
Keyword(s):  
Law Enforcement ◽  
Public Safety ◽  
Scientific Article ◽  
The European Union ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Relevant Field ◽  
National Police ◽  
Mass Events

The conceptual aspects of ensuring the public safety and order during mass events in accordance with the implemented methodology of the National Police of Ukraine in the field of the realization of citizens’ rights to peaceful assembly have been analyzed in this article. The peculiarities of the organization of the activity of the police bodies and subunits within the limits of the joint performance of tasks concerning the maintenance of law and order have been defined. The main ways and methods of using police forces and means while preventing and stopping the offenses during peaceful assemblies have been analyzed for compliance with the national legislation. The authors have also compared some tactical methods used by the law enforcement agencies of Ukraine and those that are adopted from the European practice of policing and, accordingly, specified in the departmental regulations governing the relevant field of the professional duties. The statements, suggested in this scientific article, are based on the results of the interviews with the leadership of the National Police bodies and subunits that directly implement the tasks of the ensuring public safety and order during mass events and have been trained by the European Union Advisory Mission in Ukraine aiming to form a new model of securing the public order [1].

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

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.

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