scholarly journals Organizational and legal framework for the functioning of the National Police investigation units

2021 ◽  
Vol 10 (45) ◽  
pp. 120-130
Author(s):  
Maksym Romanov ◽  
Viktor Vasylynchuk ◽  
Dymytrii Grytsyshen ◽  
Oksana Melnyk ◽  
Denys Denysiuk

The purpose of the article is a scientific interpretation of the concept, essence and general structure of the organizational and legal framework for the functioning of inquiry units of the National Police of Ukraine and their regulatory support. The subject of the study is the organizational and legal basis for the functioning of inquiry units of the National Police of Ukraine. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, logical, normative and dogmatic, logical and semantic, monographic, method of generalization. Research results. The analysis of approaches to understanding the concept and essence of organizational and legal framework for inquiry units of the National Police of Ukraine is carried out. The notion and significance of normative bases, which are focused on providing organizational and legal support for law enforcement agencies in general and inquiry units of the National Police of Ukraine, in particular, are outlined. Practical implication. The significance and elements of organizational and legal framework in the context of sustainable and stable functioning of inquiry units of the National Police of Ukraine are clarified. Value / originality. The problems are outlined and recommendations for their possible solution and improvement of the relevant institution are developed.

Author(s):  
Vladimir Sinichenko ◽  
Dmitriy Kaveckiy

The article aims to study the activities of the police of the Irkutsk province during the Civil War. The object of the study in the article was the units of the people’s (civilian) police, created in early March 1917 and acting on the basis of the Regulation adopted on April 17, 1917 by the Provisional Government. On October 28 (November 10), 1917, the PKIB of the RSFSR issued a new decree «On the Workers’ Police», but after the overthrow of Soviet power in the summer of 1918 in the east of the country, the eastern regions returned to the Regulation of April 17. The functioning of the police in 1918–1919, based on the principles of the Provisional Government and became the object of analysis in this work. The subject of the study is the personnel work carried out during this period in the law enforcement agencies of the Baikal region. Along with general scientific methods (analysis, synthesis, deduction, induction etc.), the work used problem-chronological and comparative methods that revealed the dynamics of historical events in Eastern Siberia, their impact on politics, on decision-making, and revealed similarities and differences in the forms, organization and manifestation of police actions operating in eastern Russia in the indicated historical period of time. It is concluded that the activities of the authorities of the Irkutsk province to recruit police units were unskilled. Of course, leaders at various levels, to the extent of their limited resources, tried to strengthen the public order authorities, but the lack of systemic organization of law enforcement work had a negative impact on the activities of the police. Neither the Omsk government, nor the civilian and military authorities of the Irkutsk province, could provide at the proper level not the material supply of the police, nor its personnel support. As a result, the police of the Irkutsk province not only did not defend the authorities against the Bolsheviks, but also could not cope with the functions of law enforcement. The increase in criminal criminality in 1918 and 1919 is recorded by all printed publications of the Irkutsk province of that time, as well as statistical reports of the provincial police.


2018 ◽  
Vol 2 (3) ◽  
pp. 52-63
Author(s):  
Y. Gerasimenko ◽  
A. Syntin

The subject of the paper is Russian the legal framework and law enforcement practice con-cerning granting subsidies to business entities.The purpose of the paper is to identify the legal problems of state support for small and medium – sized businesses by granting subsidies.The methodology of paper includes the formal logical interpretation of Russian legislation, systematization of the court practice concerning application of art. 15.15.5 (pt. 2) Code of Administrative Offences of the Russian Federation and other regulations.The main results and scope of their application. The legal basis of providing subsidies is characterized. The business support programs in Russia are analyzed. The author's ap-proach to the distinction between the concepts of "terms of granting subsidies”, “terms established when granting subsidies" and the "terms of using subsidies" is substantiated. The valid and invalid conditions for the granting of subsidies as well as the reasons for their return are proven. The results of research may be used as the basis of correction of Russian and foreign legislation concerning granting subsidies to business entities as well as step in future legal research in this sphere.Conclusions. Public authorities and local governments do not take into account differences between the terms "conditions for granting subsidies" and "conditions for the use of subsi-dies", unreasonably apply civil law norms to the rules for granting subsidies. Regional au-thorities do not effectively use the legal opportunities provided to them by the Federal leg-islator, as well as often allow the abuse of power.


2019 ◽  
Vol 75 (4) ◽  
pp. 38-42
Author(s):  
І. І. Baidyuk

The article is focused on the research of historical aspects of interaction between the State Border Service of Ukraine with other law enforcement agencies of Ukraine, which is conditioned by the importance of the tasks assigned to the State Border Service of Ukraine on the security and protection of the state borders, especially in the current conditions of integration of the state into the European space, by reforming a number of law enforcement agencies of Ukraine, the creation of new law enforcement structures and, accordingly, the need to improve existing or establish new cooperation mechanisms of interaction between the above entities. Both general scientific and special methods of scientific cognition made possible to achieveg the set goal and objectives of the study. The central method of the research was the historical and legal method, which allowed to reveal both the historical aspects and the legal basis of interaction of the State Border Service of Ukraine with other law enforcement agencies at different stages. The peculiarities of the interaction of the state border protection agencies with other state entities have been clarified since the V century, when the need for the protection of state borders was first realized and the relevant agencies were created. The author has determined law enforcement agencies that interact with the State Border Service of Ukraine nowadays and the legal basis of such interaction. Particular attention has been paid to the specifics of carrying out interaction of the State Border Service of Ukraine with other law enforcement agencies within the framework of the special border operation “Border”, as well as on the territory of the operation of the joint forces.


Author(s):  
Evgen Zozulya ◽  

The article is devoted to the study of topical issues of essence and mechanisms for implementing the principle of interaction with the population on the basis of partnership in the activities of the National Police in the conditions of state-building of modern Ukraine. The genesis of the establishment, formation and development of law enforcement agencies interaction with the population and territorial communities in the field of law enforcement in the conditions of state-building in independent Ukraine has been traced. An analysis of the legal framework has been carried out, which has laid the foundations for the interaction between police and public in policing and combating crime in an independent state. Organizational and managerial measures of the leadership of the Ministry of Internal Affairs of Ukraine aimed at fortifications of those units that directly work with people are described. Based on the historical and legal comparative analysis of the effectiveness of the legal framework and organizational and managerial activities of the Ministry of Internal Affairs, a number of forms and methods of work are identified, the application of which would significantly strengthen the effectiveness of mutual cooperation between the police and citizens (society) in order to counter crime effectively, protect the rights, freedoms and legitimate interests of citizens at the present stage of the National Police of Ukraine. The possibilities of establishing effective cooperation with international partners of Ukraine on the introduction of effective mechanisms for implementing the principle of interaction with the population on the basis of partnership in the activities of the National Police of Ukraine are described. A conclusion was drawn of the need for further systematic activities in the formation of the common strategy and tactics at the level of State authorities and local self-government bodies, the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine, which would make it possible to effectively implement the principle of interaction with the population on the basis of partnership in the activities of the police. It is emphasized that modern mechanisms of implementation in the field of partnership between the police and the population should be built taking into account the forms and methods of this work that have proved their effectiveness during the functioning of the police of independent Ukraine.


Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.


2021 ◽  
Vol 77 (4) ◽  
pp. 110-115
Author(s):  
Kyrylo Anisimov ◽  

The article analyzes the administrative and legal support of interaction between the police and local communities. It is stated that the creation of partnerships between the police and civil society is a priority area of policing in the implementation of law enforcement. The administrative and legal support for the establishment of partnerships between these institutions is described as having a dynamic character, and is aimed at improving the organizational and legal framework for cooperation between the police and the community. The priority role of the Constitution of Ukraine in the process of forming the administrative and legal status of the National Police of Ukraine has been determined, as the constitutional and legal conditionality of the content and normative-legal content of policing is related to the reproduction in the legislation on the National Police of Ukraine of values of man and citizen. The priority areas of the police are formulated in the process of interaction with the population, in particular: analysis of security problems that can be solved in interaction with the population; determination of social populations and priorities in working with these groups; development of programs (directions of work) of interaction with the population, where the interests of various social groups will be taken into account; procedures for determining the need and priority to implement these programs in specific communities; determination of the most effective methods, methods and forms of solving security issues in cooperation with the population; determination of the circle of partners among state and local institutions for the implementation of initiatives; joint development of an action plan with the involvement of partners; development of procedures for analyzing the effectiveness of implemented projects, in particular, assessing their compliance with the requests of specific communities in the field of security. In addition, the partner model provides not only the direct active participation of the population in law enforcement agencies to ensure public order, but also timely informing the police to the population on all the facts of committing criminal and administrative offenses.


2021 ◽  
Vol 9 (02) ◽  
pp. 842-847
Author(s):  
M.U. Juraev ◽  

The article analyzes the legal framework for the management system of law enforcement agencies on the example of documents of the President of the Republic of Uzbekistan. The acts of the President of the Republic of Uzbekistan are disclosed, which constitute the legal basis of the management system of internal affairs bodies, which directly regulate relations with the management system, regulate the activities of the relevant industry services, provide leadership and organization of management in regional law enforcement agencies.


2021 ◽  
pp. 44-55
Author(s):  
Vitaliy Vladimirovich Zotov ◽  
Irina Nikolaevna Vasilyeva

The subject of this research is the ethno-confessional space of public communications as an assemblage of media channels and stakeholders engaged in the process of making socially important decisions aimed at harmonization of interethnic and inter-confessional relations and prevention of conflicts thereof. The goal consists in substantiation of the need for involvement of law enforcement agencies in arrangement of a dialogue and partnership in the ethno-confessional space of public communications as its stakeholder. In theoretical aspect, the research methodology leans on the concept of management of public values and managerial concept of stakeholders; in the empirical aspect – it is based on the results of expert poll and analysis of normative legal documentation, which regulates the activity of law enforcement agencies. Substantiation is made that the problems of interethnic and Inter-confessional relations should be resolved not only from administrative perspective, but also within the space of public communications through engaging the representatives of interested parties. The analysis of expert opinion demonstrates that law enforcement structures have a considerable influence upon the process of problem settlement in the ethno-confessional sphere, but do not play a noticeable role in arrangement of a dialogue and partnership in the ethno-confessional space of public communications. It is underlined that in order to improve performance of law enforcement agencies on harmonization of relations and conflict prevention in the ethno-confessional sphere, requires creating the corresponding legal framework for cooperation and partnership of the law enforcement agencies and other interested parties in the space of public communications.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Heni Siswanto

The criminal law enforcement policy (PHP), currently associated, corporations as subject’s perpetrators of corruption (TPK) include PHP in the formulation stage, the application stage and the execution stage. PHP formulation stage (in abstracto) is based on Article 20 of Law on Corruption which should be a strong legal basis to hold corporations as subjects of TPK, TPK equivalent to the subject of TPK doers of civil servants and individuals. PHP application stage (in concreto) indicates that the corporation as the subject TPK doers very rarely applied / applied to account for the corporation as a principal TPK arguing that criminal sanctions can be imposed is limited; the difficulty of proving corporation fault; the difficulty of law enforcement officers discovered the theory / doctrine and legal basis of corporate errors. Development of PHP policy streamline   corporation as the subject doers of TPK in the future related to the renewal of substance, structure and legal culture of corruption and streamline the corporation as a subject the perpetrator TPK. Renewal terms of substance related to the formulation of criminal crime, fault / criminal liability as well as criminal and punishment (strafsoort, strafmat and strafmodus / modaliteit); Renewal in terms of the legal structure of corruption related to the need for law enforcement agencies that further enhance the insight to streamline the corporation as a subject TPK; the need to retain the presence of the Corruption Eradication Commission (KPK); corporate case handling is done by a special team; maximizing the expert testimony; maintain the Police Commission, the Prosecutorial Commission and the Judicial Commission of the role to supervise the conduct of law enforcement. Renewal in terms of legal culture of corruption, which need to be considered more attention to the educational curriculum of character education (mental reform); understanding to the public that corporations as well as TPK subject that needs to be optimized in PHP; anticipation of an attempt to thwart PHP with the corporation as TPK subject to foul play; the issue of jurisdiction, both to those who do and those who receive bribes / gratuities, because they both do TPK. Keywords: Development, The criminal law enforcement Policies, Corporations, Subject’s Perpetrators of Corruption.


2020 ◽  
Vol 91 (4) ◽  
pp. 282-294
Author(s):  
O. M. Yemets

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.


Sign in / Sign up

Export Citation Format

Share Document