scholarly journals THE CONCEPT AND STRUCTURE OF THE IMPLEMENTATION OF PROSECUTOR's SUPERVISION OVER THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES

2021 ◽  
Vol 31 (4) ◽  
pp. 681-689
Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Implementation Process ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Individual ◽  
Supervisory Relations

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.

scholarly journals Regulatory support and legal grounds for the coercion by the law enforcement agencies of Ukraine

2021 ◽  
Vol 2 (2) ◽  
pp. 84-91
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Framework ◽  
Diplomatic Relations ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
Special Means ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Legal Grounds

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

scholarly journals THEORETICAL BASES OF EXPERT PREVENTION: CONCEPT AND TASKS

2019 ◽  
Vol 20 (2) ◽  
pp. 151-162
Author(s):  
N. Filipenko ◽  
O. Uhrovetskyi ◽  
O. Sharapova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Important Place ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Conceptual Foundations ◽  
The Relationship

The article analyzes conceptual foundations, views and ideas concerning the essence of expert prevention. The relationship between the concepts of «prevention» and «prevention», which is in contact with each other, is investigated, because one of the main problems of the criminal investigation of the phenomenon of expert prevention is the ambiguity of both scientific understanding and the practical application of the corresponding conceptual-categorical apparatus. It is emphasized that the essence of expert prevention is the influence of the relevant subjects on crime through the use of special professional knowledge. That is, to the subject of forensic examination, should include studies of circumstances on the basis of which can be and should be developed scientific, organizational and technical measures of preventive nature. Proven that among the tasks of preventive nature, which can be solved by the staff of judicial-expert institutions, the development of aimed at forecasting in criminalistic aspects of circumstances contributing to the commission of crimes, taking into account the possibilities of certain types of expert research, should occupy an important place. It is proved that the preventive activities of forensic institutions of Ukraine should be carried out: in the production of examinations in specific criminal, administrative or civil cases; by summarizing expert, as well as forensic investigative practices; in the process of research on expert prevention; by providing on the basis of special knowledge of scientific and practical assistance to government agencies and public organizations in identifying circumstances conducive to the commission of crimes. In order to improve the quality of expert-preventive activities, the staff of the forensic institutions of Ukraine should pay maximum attention to the promotion of preventive activities among representatives of law enforcement and law enforcement agencies. On the basis of the analysis, the author’s definition of expert prevention is given: the activity of a forensic expert based on the laws and by-laws of normative legal acts, aimed at revealing the circumstances contributing to the commission of a crime, and the development of measures for their elimination with the use of special knowledge.

scholarly journals Genesis of legislation in the field of operational investigative activities in independent Ukraine

2020 ◽  
Vol 3 (3) ◽  
pp. 151-155
Author(s):  
Oleh Yemets ◽  
Olha Zlahoda ◽  
Yevhen Shapovalenko
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Sufficient Information ◽  
Law Enforcement Agencies ◽  
Conceptual Problems ◽  
The Law ◽  
Western Law ◽  
Definition Of ◽  
Time Information ◽  
Subsequent Identification

The purpose of the article is to study the genesis of national legislation in the field of operational investigative activities in independent Ukraine, with the subsequent identification of conceptual problems, as well as the development and publication of proposals to address them taking into account the experience of post-Soviet countries. It is established that the process of formation and becoming of the legal basis for the work of operative subdivisions of authorized state bodies is not complete and it must be continued, as there are problems even with definition of conceptual bases of such activity, in particular related to the requirements of current legislation regarding its grounds. It is a question of whether the operative subdivisions should initiate operative-investigative cases and conduct operational investigative activities or send materials about preparations for a crime to the pre-trial investigation body, except for minor gravity, that is, about crimes being prepared, as well as persons preparing crimes. To solve the problem, we propose to discuss amendments to article 6 of the Law of Ukraine «On operational investigative activities», which would exclude from the list of grounds for conducting for operational investigative activities such as the availability of sufficient information obtained in accordance with the law, requiring verification by means of operational investigative measures, about crimes being prepared, as well as persons preparing crimes. At the same time, information about crimes being prepared, as well as persons who are preparing crimes, should be immediately entered into the Unified Register of Pre-trial Investigations, except for minor ones, and preparation for a crime should be investigated immediately by an investigator. This model is more consistent with the work of Western law enforcement agencies, but, as the study showed, is not typical of post-Soviet countries. These proposals, as well as alternative ones, on the harmonization of operational investigative and Criminal procedure legislation require professional discussion, but changes in one form or another are inevitable. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the conduct of operational investigative activities and crime investigations.

scholarly journals Concept and structure of the special forces of operative-search activity

2019 ◽  
Vol 73 (2) ◽  
pp. 69-74
Author(s):  
В. М. Давидюк
Keyword(s):  
Law Enforcement ◽  
International Experience ◽  
Structural Elements ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Special Forces ◽  
Criminal Process ◽  
Separate Category ◽  
The Law ◽  
Definition Of

Some essential aspects of the concept of “special forces of operative and search activity” have been revealed, as well as their structural elements have been outlined. Information to clarify the content of the concept of “special forces of operative and search activity” and its certain components has been systematized. The author has studied the interpretation of the relevant components of this term in the literature, as well as taking into account the practical aspects of the organization of operative and search activities. The relevant international experience has been analyzed. Attention has been paid to the fact that only those persons, who cooperate with law enforcement agencies on a confidential basis are logically treated as special forces of operative and search activity. Some aspects of the application of special forces of operative and search activity have been revealed. Emphasis has been placed on ensuring secrecy and confidentiality in the use of special forces of operative and search activity. It has been emphasized that in case of the fulfillment of the tasks of operative and search activity such forces get a special attitude from the law enforcement agencies. The author has attempted to classify such forces, and has defined the attributes relevant to them. Based on the research, the definition of special forces of operative and search activity has been provided – it is a separate category of forces of operative and search activity, which does not belong to the subjects of operative and search activity, but indirectly and on a confidential basis promotes the fulfillment of tasks of operative and search activity and criminal process. The author has substantiated that disclosing party and anonymous author, who provide information on a confidential basis, belong to special forces of operative and search activity.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

scholarly journals Legal status of officials and officials: the problem of definition of concepts

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yara Olena ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Relations ◽  
Legal Status ◽  
Civil Service ◽  
Legal Responsibility ◽  
Law Enforcement Agencies ◽  
Leading Position ◽  
Definition Of ◽  
Law And Legislation

The article examines the problem of delimitation of legal status: official and official. The category of legal status is an important component for every participant in public relations, because such a status will depend on the scope of his civil rights and responsibilities, which is especially relevant for an official or official. It was found that today the issues of the studied categories, namely «legal status of an official» and «legal status of an official» still remain relevant because there is no unanimous position for their delimitation. It is clear that the categories of «official», «official» occupy a leading position in the field of public administration, criminal law, litigation, other areas of law and legislation. These categories should be key in the preparation of regulations relating to the civil service, regulation of law enforcement agencies, determining the legal responsibility of persons holding certain positions in the civil service. Conclusions are made where, given that at the legislative level there is no single definition of «official» and «official», and the proposed definitions in legal science are mainly sectoral in nature, the priority is: first, the definition in the Law «On basics of civil service», which must be adopted, the concepts of «official» and «official» and their features. The task of today's legislator is the need to differentiate them. Therefore, when determining the grounds for assigning persons to the categories of officials or officials should be guided by the relevant legislation governing certain relations. Regarding the legal status of officials and officials, the conclusion was that a significant factor in distinguishing these categories, unfortunately, is not legal status, because without a clear distinction between the basic concepts of «official» and «official», we can not fully describe the differences in this status. Keywords: service, position, legal status, civil service, official, employee, official

scholarly journals Peculiarities associated with police inquiry into administrative violations committed on the Internet

2020 ◽  
pp. 21-26
Author(s):  
Dmitrii Novgorodov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Police Officers ◽  
Case Law ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Proceedings

The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.

scholarly journals Crime detection – russian and foreign experience

2020 ◽  
Vol 6 (Extra-C) ◽  
pp. 271-275
Author(s):  
Pavel Nikolaevich Mazurenko ◽  
Ramil Rashitovich Rahmatullin ◽  
Nail Failevich Fayzrakhmanov
Keyword(s):  
Law Enforcement ◽  
Effective Means ◽  
Law Enforcement Agencies ◽  
Foreign Experience ◽  
Close Relationship ◽  
Crime Detection ◽  
The Law ◽  
Definition Of ◽  
High Level ◽  
Modern Technologies

The article discusses the issues of crime detection as one of the criteria for the effectiveness of the law enforcement agencies. Every year the number of undetected crimes remains at a consistently high level. This confirms the relevance of the problem under consideration and indicates the need for further developments in this direction. The authors managed to conclude that the full definition of the term “crime detection” is not presented in any legislative act, i.e. this scientific category has actually always been outside the legal field, which led to its arbitrary interpretation by individual scientists and practitioners. Also, the authors concluded that there is a close relationship between the concepts of "crime detection" and "countering detection", which was the basis of this article. The article was prepared considering foreign experience. In general, this approach allows using the effective means and methods in the fight against crime, as well as modern technologies in crime detection.    

Environmental activity of law enforcement agenciesenvironmental activity of law enforcement agencies

2021 ◽  
Author(s):  
A.S. Blankov ◽  
O. B. Vinogradova ◽  
Orlova Y. R. Orlova Y. R.
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Natural Object ◽  
Law Enforcement Agencies ◽  
General Law ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Law ◽  
Environmental Activity

The article defines the legal nature of the environmental protection activities of law enforcement agencies. The bodies carrying out activities for the protection of the environment within the framework of the implementation of the law enforcement function are systematized according to their own functionality into four groups: the general law enforcement bodies (internal affairs of the Russian Federation); the law enforcement agencies that resolve issues related to encroachment on public relations in relation to a specific natural object (specialized agencies); the bodies implementing control and supervisory activities in this area (prosecutorial bodies of Russia); and, finally, the judicial authorities.

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