scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals FORENSIC ASPECTS OF USING CERTAIN TECHNICAL MEANS OF ACTIVE SELF-DEFENSE

2021 ◽  
pp. 481-492
Author(s):  
V. Bolshakov ◽  
V. Svytenko ◽  
Yu. Maznychenko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Modern Society ◽  
Main Task ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Systematic Analysis ◽  
Forensic Practice ◽  
Preventive Activity

The article is devoted to the forensic aspects of ensuring necessary defense through the use by law enforcement officials of physical pressure of limited influence, special means (including non-lethal action) and firearms of increased efficiency. The authors, based on the results of forensic practice, assessed the effectiveness of the actions of law enforcement officers to prevent the excess of necessary defense during covert investigative (search) activities. A systematic analysis of recent studies and publications on this issue showed that in the modern global world, the main task of forensic support for law enforcement agencies in different countries is to optimize the processes of detecting, disclosing, investigating and preventing crimes and therefore contributes to the establishment of objective truth in criminal proceedings. A sufficiently high level of criminalization of various spheres of life of modern society requires deep transformations in the system of preventive measures carried out by law enforcement agencies, government bodies and public organizations. The use of special forensic knowledge, along with other forms of preventive activity, can significantly enhance the prevention, detection, disclosure and investigation of crimes. The preventive activity of forensic experts is to study and identify the causes and conditions conducive to the commission of socially dangerous acts. It is noted that Hungarian scientists consider the issues of crime prevention and operational-search activity to be the subject of forensic science. The international experience of disclosing, investigating and preventing crimes indicates a significant number of unsuccessful investigative actions due to the incompetent use of firearms and active defense equipment. It is concluded, based on the content of the concepts of disclosure, investigation and prevention of crimes, and taking into account the historical experience of forensic research of means of necessary defense and firearms, that it is necessary to develop forensic recommendations. In order to increase the efficiency of covert investigative (search) actions by law enforcement officers through the use of modern means of necessary defense and means of physical influence of limited action, as well as special types of non-lethal police weapons with improved characteristics.

scholarly journals The features of the ensure the security of people involved in criminal proceedings in Ukraine

2020 ◽  
pp. 68-72
Author(s):  
O.I. Romtsiv
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
Professional Training ◽  
Law Enforcement Officers ◽  
Legal Regulation ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Security Assurance ◽  
Current State ◽  
Legal Mechanism

The article analyzes institute of the security assurance for people involved in criminal proceedings. It is established that despite the significant contribution made to solve important issues of this institute, the legal regulation of the process of security assurance for participants in criminal proceedings, as well as the mechanism of such assurance practically need immediate improvement, modernization, and further comprehensive research. Based on the analysis of the current state of security of participants in criminal proceedings, the reasons that affect the efficiency of such activities and measures to eliminate them, namely: financing of programs to ensure the security for people involved in criminal proceedings (creating a separate state fund through financial penalties for damages caused by crimes and funds that criminals make on bail); organizational support (establishment of appropriate terms of security measures, professional training of law enforcement officers who carry out security measures); establishing proper interaction between entities that protect such persons, etc. By analyzing these problems, we can conclude that they mainly lie in three major areas: legal, economic and organizational. The drawbacks in the legal mechanism for security ensuring for people involved in criminal proceedings in Ukraine are highlighted; the necessity and ways of improvement of the legislation in this area taking into account the world standards are substantiated. In this regard, we propose to at least supplement the CPC of Ukraine with a separate Chapter 10-1, setting it out as follows: “Application of procedural and special measures for the security of people involved in criminal proceedings”. It is also proposed that to ensure the security of people involved in criminal proceedings, it is necessary to create a special structural unit in the law enforcement system of Ukraine.

PROBLEMS OF THE LEGAL REGULATION OF SPECIAL KNOWLEDGE USE OPERATIVE UNITS OF SECURITY SERVICE OF UKRAINE

2017 ◽  
Vol 17 ◽  
pp. 69-76
Author(s):  
V. A. Fastovets
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Knowledge Use ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Legal Proceedings ◽  
Long Time ◽  
Scientific Technical ◽  
Special Knowledge ◽  
Operative Activity

The problematic issues of using scientific, technical, natural and other special knowledge in criminal proceedings for the purpose of revealing, disclosure and investigation of crimes for a long time were always paid with considerable attention as from practical employees, and scientific workers. The actuality of this thematic range is conditioned by constant technical progress, updating ofa technical number ofscientific, criminalistic and other means which are used during revealing, formalizing and seizure of crime traces, by appearance of new types of expert researches, change of special knowledge forms use in criminal legal proceedings and by many other factors. There was pointed out to the lacks ofa legal regulation in the applicable legislation regarding participation of knowledgeable persons in operative-search activity. According to the results of the analysis performed, the author ascertains the absence of such regulation at the level of normative-legal acts defining legal bases for the separate law enforcement bodies activity (except for the National anticorruption bureau of Ukraine), and the normative-legal acts regulating separate kinds of activity of their operative units. In its turn, the similar state of matters can call into question legality of use of the received results ofsuch activity as proofs in the criminal proceedings. The research of scientific works ofprocessionalists established the absence of the uniform approach to the decision of the specified problematic questions. The paper also studies the level of legal regulation of special knowledge use for achievement of the operative activity goals in the post-Soviet territory countries, in particular, in Republic of Kazakhstan, Republic of Turkmenistan, Republic of Belarus, the Kyrghyz Republic and some other, and there is drawn a conclusion about the presence of the corresponding norms in the legislation of these countries. Taking into account stated, the author proves necessity of formalizing similar provisions in the corresponding normative-legal acts of Ukraine.

scholarly journals Directions of improvement of legal regulation of carrying out by the National Police units of operational-search measure «Getting acquainted with financial and economic activity of enterprises»

2020 ◽  
Vol 1 (1) ◽  
pp. 210-215
Author(s):  
Volovymyr Kapustnyk
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
Legal Grounds ◽  
Investigative Activity

The article is devoted to the definition of directions of improvement of legal regulation of carrying out operative-search measure "familiarization with financial and economic activity of enterprises" by units of the National police. It is established that today there is a lack of thorough research on the directions of improving the legal grounds for conducting an operative-search event "familiarization with the financial and economic activity of enterprises" by units of the National Police. It is established that familiarization with the financial and economic activity of enterprises is one of the main and effective mechanisms for obtaining and verifying primary information about abuse in the economic and official sphere, which is used by many law enforcement and controlling bodies of the state. However, to date, the said operative-search measure cannot be used to the full extent by the units of the National Police, since the provisions of the Law of Ukraine “On Operational-Investigative Activity” contain separate legislative conflicts and contradictions. It is proved that the interpretation of the existing rule governing the introduction of financial and economic activity of enterprises leads to legal conflict, since it is not clear how the said measure will be carried out for suspected of committing a crime, since in this case criminal proceedings should already be opened, and after its opening, the search operations are terminated. It is established that today the legislator has sufficiently enshrined the issue of familiarization with the financial and economic activity of enterprises, however, in the normative legal acts, insufficient attention is paid to the interpretation of the law regarding familiarization with the financial and economic activity of enterprises. It has been proposed to adopt the Instruction on the Organization and Conduct of Familiarity with Financial and Economic Activities of Enterprises, as well as to introduce responsibility for non-compliance with the legal requirements of officials of the National Police of Ukraine.

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.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals Modern state of the judicial finance-credit examination and the prospects of its development

2020 ◽  
pp. 1-8
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Interdisciplinary Approach ◽  
Law Enforcement Officers ◽  
Modern State ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Judicial Practice ◽  
General Scientific ◽  
Substantive Law ◽  
Court Expert

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Public Life ◽  
Law Enforcement Officers ◽  
The State ◽  
Key Issues ◽  
Internal Affairs ◽  
National Police ◽  
Economic Crimes

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

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.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

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