scholarly journals CONCEPT AND CONTENT OF ADMINISTRATIVE AND LEGAL REGULATION OF MANAGEMENT IN THE NATIONAL POLICE OF UKRAINE

2020 ◽  
pp. 110-117
Author(s):  
Serhii Lelet ◽  
Keyword(s):  
Legal Regulation ◽  
National Police

scholarly journals Legal regulation of practices of the police as an entity in charge of preventing and combating corruption in Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 735-755
Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina
Keyword(s):  
Regression Analysis ◽  
National Security ◽  
Legal Status ◽  
Legal Regulation ◽  
Analysis Method ◽  
The World ◽  
Comprehensive Development ◽  
Definition Of ◽  
National Police ◽  
Police Practices

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

scholarly journals Nature financial and legal regulation of medical service of National Police employees

2020 ◽  
pp. 167-170
Author(s):  
Oksana Strelchenko ◽  
Alexey Bukhtiyarov ◽  
Iryna Bulyk
Keyword(s):  
Health Care ◽  
Police Officers ◽  
Social Protection ◽  
Legal Regulation ◽  
Health Care Facilities ◽  
The State ◽  
Social Orientation ◽  
Medical Support ◽  
Internal Affairs ◽  
National Police

Health is the greatest social and individual value, a priority criterion of socio-economic development of the country, and alsolargely determines the state of social well-being of citizens. The creation of departmental medicine in the system of the Ministry ofInternal Affairs was due to the need to perform a number of special tasks, including: medical and psychophysiological examination,medical support of operational and service activities of employees of the Ministry of Internal Affairs of Ukraine. It should also be notedthat medical relations exist not only in the sphere of activity of health care institutions subordinated to the Ministry of Health ofUkraine, but also departmental ones, in particular those within the sphere of management of the Ministry of Internal Affairs of Ukraine.Such facilities provide medical services to the appropriate categories of persons who have the right to be served in them, including thepolice. The activities of bodies and units of the National Police to generate their own revenues are not only a socially oriented way toattract additional financial resources to ensure the effective implementation of these units of state functions, but also solves a numberof current issues of social protection of police: the state must create conditions providing police. At the present stage of state formation,according to the current legislation, there is a network of departmental health care facilities, which are maintained at the expense ofbudget funds. Such a network includes, along with clinics and hospitals, and health facilities (boarding houses, medical rehabilitationcenters, recreation centers, etc.), cultural and sports organizations. In this context, the social protection of police officers should be consideredin a broad sense, including a number of important components that are directly related to the provision of money. The issue ofthe widespread perception of social protection includes health care, as the provision of the latter undoubtedly allows to obtain a pronouncedsocial effect. Medical support of police officers has a clear social orientation, this is what the functioning of departmentalmedi cine of the Ministry of Internal Affairs of Ukraine is aimed at.

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 Legal regulation and grounds for theuse of coercive measures by law enforcement bodies of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 98-105
Author(s):  
Denys Sfvchuk
Keyword(s):  
Law Enforcement ◽  
National Guard ◽  
Law Enforcement Officers ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Basis ◽  
Coercive Measures ◽  
Two Factors ◽  
The Right ◽  
National Police

The issue of regulatory and legal support for the use of coercion by authorized entities, as well as the grounds for the application of coercive measures by such bodies have been studied. According to the results of the study, it is concluded that the legal regulation of law enforcement agencies to apply coercive measures is carried out by a certain system of legislation, consisting of a large number of regulations that differ from each other in many ways and is a hierarchical system based primarily on the Constitution of Ukraine. At the same time, the legal grounds for the use of coercion by law enforcement officers are enshrined in the hypotheses of the norms of only certain regulations - the Laws of Ukraine "On the National Police", "On the National Guard", "On Pre-trial Detention", "On the Military Law Enforcement Service in Armed Forces of Ukraine ”as well as the Criminal Executive Code of Ukraine. The rest of the laws, although giving law enforcement officers the right to apply force, contain blanket rules that refer to the above three regulations to clarify the legal basis for their application, mainly to the Law on the National Police. It is also determined that the limits of harm caused by a law enforcement officer during the appli-cation of coercive measures must be commensurate with two factors: first, with the potential for danger to law enforcement interests (legal basis), and secondly, with the situation in which turned out to be the subject of coercion during the elimination of the specified non-security (factual basis). These two factors, combined, are nothing more than a complex basis of harm to the offender. And the actions of law enforcement officers will only be morally justified and permitted by law if the damage they caused is commensurate with both factors of the cause that caused it, ie the reason for the damage. The article expresses the opinion that the researched issues reflect the opposition of public and private interest, which is solved using the universal principle of proportionality. It is in this way that the legal regulation is carried out, where the legislator approaches the infliction of harm as a result of the use of force in a differentiated manner.

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