scholarly journals PRACTICAL AND LEGAL FEATURES OF USE LAW ENFORCEMENT OFFICERS PHYSICAL FORCE

Author(s):  
V.A. Kaznazcheev ◽  

The presented research is devoted to the practical and legal features of the use of physical force by employees of law enforcement agencies. The work contains a legal analysis of these issues. The article examines the legal nature of this special coercion measure and outlines the legal significance of observing the principle of legality in its application. The scientific study provides examples of domestic and foreign practices concerning the consequences of violation of the requirements of the law by officials. The paper analyzes the statistical information on the state of crime for the first half of 2020 presented on the official portal of the Judicial Department at the Supreme Court of the Russian Federation, and notes that issues related to abuse of authority by employees of power structures are of particular public and legal interest. Practice shows that the abuse of power by law enforcement officers in the use of physical force can lead to the emergence of public protests, reaching a wide scale. This fact necessitates a thorough study of the issues that arise in the course of the use of physical force by powerful subjects. The author outlines his own position on this topic, outlines the problems of legal regulation of the considered area of legal relations and suggests possible ways to resolve them.

Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova

In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.


2020 ◽  
pp. 189-209
Author(s):  
Nataliia Voitovych

The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, content and principles of surveillance as a measure and a method of OSA and covert investigative activities in combating and preventing crime actions. Mutual enrichment with historical and legal methods provided systemity of the research. Historical study of surveillance in combination with the study of regulatory legal acts created new opportunities for interdisciplinary research. The application of general scientific methods, namely systematization, generalization, problem-chronological, comparative-historical, historical-legal methods allowed to trace the influence of the legal component on the history of introduction and development of surveillance in the "long" XIX century and peculiarities of its usage in the conditions of the newly formed states and political systems in the interwar period.The scientific novelty lies in a detailed historical and legal analysis of the content of regulatory legal acts concerning legal grounds for surveillance, a comprehensive study of its content, gaps and peculiarities of usage in non-democratic political regimes.Conclusions. The article provides historical analysis of evolution and usage of surveillance, which has experienced several stages connected with improving the performance of security functions, in preventing crimes. The attention is focused on the most characteristic features of  implementing surveillance as a universal measure of obtaining information and distributing tasks between the states' law enforcement agencies and a means of combating representatives of political forces and structures constituting a real and hypothetical threat to the state / regime. The similarity of performing functions by law enforcement agencies (and the role of surveillance) in the conditions of different state formations, despite fundamental differences in the forms of government and the nature of political systems, is proved.


Author(s):  
Anton Fedyunin ◽  
Natalya Peretyatko

We consider procedural and legal problems of ensuring the rights and legitimate interests of the rehabilitated person in criminal proceedings. The purpose of the work is to study the problems of industry affiliation of the rehabilitation institute, the grounds for rehabilitation, and analyze the phi-losophical and ethical categories that make up the legal basis of the rehabili-tation institution. We analyze the legislative regulation of the rehabilitation institution and identify contradictions in the current legislation in the studied sphere of legal relations, as well as focus on the possibility of violating the rights and legitimate interests of rehabilitated person stipulated by law. The methodological basis of the study consists in the use of traditional general logical and special legal methods – logical, formal and legal, analysis and generalization of law enforcement practice. We propose the author’s concept about the nature and legal nature of the rehabilitation institution as an inter-disciplinary institution, which consists in the fact that rehabilitation consists in the idea of complete innocence. A literal (adequate) interpretation of the concept of rehabilitation in this case means the presence of three key ele-ments: 1) the criminal prosecution of a person was unfair (illegal, un-founded); 2) the application of measures of criminal procedural coercion and (or) criminal punishment to him was illegal (unreasonable); 3) there were no grounds for prosecuting him, or there were grounds for excluding him. The study allows us to conclude that the rehabilitation institution of innocent needs further improvement, based on its thorough legal regulation, since, be-ing an interdisciplinary institution, it can ensure the observance and respect of the rights and freedoms of individuals and citizen only if the contradictions in the current legislation are eliminated.


2021 ◽  
Vol 16 (4) ◽  
pp. 174-183
Author(s):  
L. V. Mikhaylova

The paper deals with the problems of control over crime in the sea, contradictions and gaps in regulations that determine the procedure for considering reports of crimes, conducting operational-search measures when committing criminal acts outside the Russian Federation. The existing legal regimes in the sea do not take into account the specifics of operational search activities and, therefore, are not applicable for detecting, suppressing and solving crimes, as well as making decisions on received messages and statements. The author formulates recommendations for law enforcement officers, as well as makes proposals for improving international tools and departmental regulations aimed at solving the problem associated with ensuring compliance with the rules of law in the sea. It is important to note that the improvement and expansion of law enforcement capabilities can be achieved through the adoption of effective measures that combine the introduction of relevant provisions into national legislation, as well as international cooperation of many states.


Legal Concept ◽  
2021 ◽  
pp. 100-106
Author(s):  
Vitaly Vasyukov ◽  
Alexey Shemetov

Introduction: in the scientific and methodological literature, a significant number of publications deal with the professional training of various specialists. Most of the works of this kind pay attention to the continuous improvement of the skills of teaching staff. However, there is an acute shortage of the works that reveal the problems of training and growth of specialists in other areas, including the formation and improvement of the official qualities of law enforcement officers. To date, the specialized higher education institutions have been established and are functioning in all the law enforcement agencies, and the professional development programs are successfully operating. However, the experience of organizing activities for the formation and development of the professional qualities of the investigative workers should be generalized, systematized and serve as a basis for further improvement of activities in this direction. Purpose: to generalize and systematize the experience of organizing the professional development of the investigative law enforcement officers, to highlight the features of this process. Methods: during the research, various methods of scientific knowledge were used, including a systematic approach to the study subject, as well as the method of modeling and comparative legal analysis. Results: the paper attempts to identify the features of the process of formation of the personality of a young investigator, the formation and development of the professional qualities of a specialist at various stages, as well as the directions for improving his knowledge, skills and abilities using the specific methods and training tools. Conclusions: summing up the research, the authors come to the conclusion that the system of professional development of the investigative law enforcement officers in its organization should take into account the peculiarities of the formation and development of the professional qualities of specialists in this field, as well as the specifics of the training process, be carried out on an ongoing basis, use the modern tools and methods, as well as the educational technologies.


2021 ◽  
pp. 76-78
Author(s):  
С.А. Лукашев

В статье рассматривается такой вид специальных средств, как служебные собаки, которые используются сотрудниками правоохранительных органов зарубежных стран при охране общественного порядка. This article addresses the type of special means such as service dogs, which are used by law enforcement officers of foreign countries in public order. There were analyzed cases of their use by various law enforcement agencies in consideration of this topic.


2018 ◽  
Vol 301 ◽  
pp. 53-59
Author(s):  
Daniel Markiewicz ◽  
◽  
Bartłomiej J. Bartyzel ◽  
Michał Borusiński ◽  
Grzegorz Bogiel ◽  
...  

The issue of post-mortem examination of animals, whose death occurred as a result of suffered gunshot wounds, is very rarely discussed in literature, most often on the occasion of researching into and describing other problems. This article presents an attempt to bring together the achievements of veterinary forensics in this area. As a starting point, the current legal regulation was adopted, pointing to penal sanctions resulting from the illegal use of weapons in relation to animals. Subsequently, the possibilities of using modern imaging techniques in post-mortem examinations carried out by veterinarians at the request of law enforcement agencies were presented. The scientific reports discussed herein have been supplemented by examples of sectional examinations carried out at the request of law enforcement agencies in Polish scientific institutions. The article indicates that the results of examination of gunshot wounds suffered by people in various circumstances may be used for the purpose of issuing forensic veterinary opinions, just as the results of examination of gunshot wounds of large mammals may be helpful in examining the effects of gunshot injuries in humans.


Author(s):  
Сергей Александрович Грязнов

Несколько лет назад об идее обучения сотрудников правоохранительных органов посредством виртуальной реальности (VR) не могло быть и речи, прежде всего, из-за высокой стоимости данной технологии. Сегодня виртуальная реальность стала технически зрелой, затраты снизились, а технологии широко распространились по многим профессиям. Можно уверенно сказать, что правоохранительным органам нужны лидеры, обладающие навыками и компетенциями XXI в., выходящими за рамки традиционного обучения. Целью данной статьи является рассмотрение (на зарубежном примере) важности применения технологии виртуальной реальности для обучения сотрудников правоохранительных органов. Автором сделан вывод о том, что использование виртуальной реальности в обучении - это наиболее эффективный способ передачи информации. Данные технологии обучения можно использовать для безопасного повышения квалификации, чтобы в будущем избежать реальных рисков. A few years ago, the idea of training law enforcement officers through virtual reality (VR) was out of the question, primarily because of the high cost of this technology. Today, virtual reality has become technically mature, costs have decreased, and technology has spread widely across many professions. We can confidently say that law enforcement agencies need leaders with skills and competencies of the 21st-century that go beyond traditional training. The purpose of this article is to consider (on a foreign example) the importance of using virtual reality technology for training law enforcement officers. The author concluded that the use of virtual reality in training is the most effective way of transmitting information. These training technologies can be used for safe professional development in order to avoid real risks in the future.


2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.


Author(s):  
Volodymyr Ivantsov

It is emphasized that the current legislation uses the terms "law enforcement agency", "law enforcement officer", which is directly correlated with law enforcement activities, which in turn indicates the unconditional relevance of the current study. This article analyzes the current legislation in order to separate law enforcement agencies from other government agencies, in order to assign certain positions of government agencies to law enforcement officers. As a result, the imperfections of the definitions of Ukrainian legislation for unambiguous identification of both law enforcement activities and the list of law enforcement agencies have been established. Theoretical and legal bases for establishing the affiliation of a state body to the list of law enforcement agencies in terms of practical implementation of current regulations are obtained by assessing the status of the Civil Service of Ukraine for Emergencies, namely: the assignment of a body to law enforcement should be carried out separately , taking into account the legal position (status) of such body defined in normative legal acts; if the endowment of a certain entity with the status of a law enforcement body has not occurred normatively, it is necessary to proceed from the analysis of the purpose (tasks) and basic functions assigned to a particular body and, accordingly, the powers vested in such a body It has been proved that SES bodies do not belong to law enforcement bodies, as they belong to the unified state system of civil protection (SES bodies are not assigned law enforcement tasks and / or functions; they are not endowed with law enforcement powers), and their officials cannot be recognized as law enforcement officers. body. It is emphasized that the legal approach proposed by the author to establish the affiliation of a state body to the list of "law enforcement agencies" may be fully applicable to other subjects of power, which in the future will provide an opportunity to outline the comprehensive range of law enforcement agencies in Ukraine.


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