The legal regulation of service and combat activities of the security and defense sector of Ukraine in crisis situations

2021 ◽  
Vol 28 (2) ◽  
pp. 76-85
Author(s):  
Serhii V. Bielai ◽  
Oleksandr F. Kobzar ◽  
Ihor V. Yevtushenko ◽  
Vasyl Korniienko ◽  
Oleksandr V. Koba
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Law Enforcement Agencies ◽  
Special Operations ◽  
Legal Norms ◽  
Joint Forces ◽  
State Governance ◽  
Definition Of ◽  
Military Activity ◽  
Crisis Situations

The article states that nowadays situations in Ukraine shows that the theory of military activity of law enforcement forces needs a new development in the terms of settlement of armed confrontation in separate areas of Donetsk and Luhansk areas. Therefore, the issues of regulatory and legal support of law enforcement agencies in responding to crisis situations come to the fore. The analysis of normative legal acts shows that legal norms are not formulated clearly enough and ambiguously interpreted by law enforcement agencies. Therefore, it is necessary to refine the legislative mechanism for preventing and responding to crisis situations that threaten the national security of Ukraine. Therefore, the purpose of the research is to comprehensively reveal the essence and features of the legal regulations of combat operations of the security and defense sector of Ukraine in crisis situations and to develop specific practical recommendations, scientifically sound proposals for improving State governance in this field. In order to research the best practices of Ukraine on the functioning of Public mechanisms of response of the security and defense sector of Ukraine to crisis situations during the Anti-Terrorist Operation and the Joint Forces Operation in some districts of Donetsk and Luhansk regions, an expert survey of anti-terrorist security experts was conducted. The results of the survey provided an opportunity to identify the main problematic issues in the functioning of the anti-terrorist security system and provide appropriate development proposals. The State authorities today need to focus on improving the organization of management, establishing interagency cooperation between government agencies, increasing the level of pre-training of personnel, a clear definition of tasks for law enforcement units during special operations. Areas of further research will be aimed at developing State mechanisms of responding by the components of the security and defense sector of Ukraine to crisis situations

PECULIARITIES OF THE PROCEDURAL STATUS OF SUBJECTS WHICH HAVE THE OBLIGATION OF PROOF DURING THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

2017 ◽  
Author(s):  
Andrii Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Judicial Investigation ◽  
Definition Of

The article considers the peculiarities of the procedural status of the subjects who are obliged to prove criminal offenses during the pre-trial investigation, taking into account the latest changes in the current criminal procedure legislation made in connection with the adoption of the Law of Ukraine n Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses". The author notes that this issue is little studied in the scientific literature and relevant from a practical point of view. The peculiarities of the procedural status of the head of the inquiry body are studied, a number of problematic issues of legal regulation of the powers of the specified subject of evidence are indicated and it is proposed to amend the current version of Article 391 of the Criminal Procedure Code of Ukraine to eliminate contradictions. The procedural status of the interrogator and the person authorized to carry out pre- trial investigation of criminal offenses is analyzed, offers on modification of item 401 of the Criminal procedure code of Ukraine are presented. It is also proposed that the bylaws of the relevant law enforcement agencies provide for qualification requirements for persons authorized to investigate criminal offenses in the form of higher legal education in the specialty "Law", as the lack of qualification requirements may adversely affect the quality of pre-trial investigation of criminal offenses. The content of Articles 84, 92 and 94 of the Code of Criminal Procedure of Ukraine is analyzed, proposals are made to supplement these legal norms after the word "investigator" with the word "interrogator". The specific circle of subjects on which the duty of proof during the pre-judicial investigation in the form of inquiry is assigned is defined. According to the author of the article, further areas of research of certain problematic issues are a comprehensive doctrinal study of the legal status of such subjects of evidence as the interrogator and head of the inquiry body, determination of legal guarantees of their activities and procedural independence, definition of functions and tasks assigned to these subjects.

Russian Anti-Extremism Legislation and Internet Censorship

2019 ◽  
Vol 46 (2) ◽  
pp. 158-186 ◽  
Author(s):  
Maria Kravchenko
Keyword(s):  
Law Enforcement ◽  
Hate Speech ◽  
Steady Increase ◽  
Federal Law ◽  
Web Content ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Russian Law ◽  
Internet Censorship ◽  
Definition Of

This article is focused on the enforcement of Russian anti-extremist legislation through web regulation. Russian law enforcement has shifted from a focus on preventing terrorist violence to a focus on prosecuting online hate speech and anti-authority rhetoric under current anti-extremist and anti-terrorist laws. The vague definition of extremist activity in federal law has been broadly interpreted by law enforcement agencies. Through the idea of public security, Russian law enforcement agencies have overestimated the threat of online content without regard for the context, audience, and impact of online statements. The result has been a steady increase in blocked access to web pages and sanctions on web users and providers. The article analyzes the legal norms pertaining to web content control, and details law enforcement practice and major trends. It also identifies the most common publications, people, and organizations targeted by Russian law enforcement for sanctions based on online statements.

scholarly journals FORMS AND PROCEDURES FOR PERSONNEL PROVISION OF PUBLIC SERVICE IN THE LAW ENFORCEMENT SPHERE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 86-101
Author(s):  
П. О. Комірчий
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Public Service ◽  
Legal Regulation ◽  
Regulatory Requirements ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Real Increase ◽  
The Law ◽  
Definition Of

The article notes that in modern conditions, the place of staffing of the public service in the law enforcement sphere is of fundamental importance, which is studied through the prism of recent changes in the administrative legislation of Ukraine as a new stage in the reform of the law enforcement system of our state. It has been substantiated that the organization of public service in modern conditions presupposes a significant number of interrelated forms and procedures of staffing. The appropriate forms include: the definition of a strategy for organizational and staff work; educational and preparatory work; selection and selection of personnel; appointment and replacement of posts, placement of personnel; ensuring the passage of service. It has been established that the forms of staffing determine the boundaries of the corresponding staffing procedures. The specifics of staffing procedures implemented within the framework of the specified forms of staffing (for example, within the framework of strategic organizational and staff work, procedures for calculating the staffing of the public service, positive incentives for this service, etc.) are established and characterized. It has been theoretically proved that the correct combination of available forms and procedures for staffing contributes to a real increase in the efficiency of the functioning of law enforcement agencies based on the qualitative use of the potential of employees without increasing the time and resources spent on their maintenance. It was determined that the staffing of the public service in the law enforcement sphere of Ukraine is an element of personnel management of public service bodies in the field of order protection, which is a normatively ordered system of interrelated elements that are in stable administrative and legal relations with each other in relation to staffing, within which their functioning as a whole. It is concluded that the forms and procedures for staffing the public service in the law enforcement sphere of Ukraine, in fact, like any other complex social and legal phenomenon in the plane of the functioning of public administration entities, is subject to careful administrative and legal regulation, within which legislators determine special legal requirements for the implementation of staffing of the public service in the relevant field. That is, a large number of requirements are put forward for the existence of staffing in the public service in the law enforcement sphere in a static and dynamic form at the normative level, aimed at properly staffing the subject of public administration with high-quality personnel, making effective and rational staffing management and increasing the level of uniqueness of this phenomenon. A special place among these regulatory requirements is occupied by the regulatory requirements for the organizational structure of the staffing of the public service in the law enforcement sphere.

The purposes and problems of legal regulation of education in Russia

2014 ◽  
Vol 2 (5) ◽  
pp. 189-202
Author(s):  
Милена Братановская ◽  
Milena Bratanovskaya ◽  
Сергей Братановский ◽  
Sergey Bratanovsky ◽  
Светлана Кочерга ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Education System ◽  
Management System ◽  
Legal Regulation ◽  
Education Management ◽  
National Education ◽  
Legal Norms ◽  
Existing Problems ◽  
Definition Of ◽  
The Right

The article explores the questions related to the formation of the purposes of an education system in Russia and investigates the tasks fixed in the legislation which are aimed at the realization of the right of citizens to education. The authors analyze the legal norms, law-enforcement practice and positions of the leading legal scholars related to the definition of primary purposes and tasks which are facing subjects and objects of national education management system. The authors also suggest solutions of the existing problems in this area.

scholarly journals OBJECTS OF СONCESSION AGREEMENT: LAW ENFORCEMENT PROBLEMS AND WAYS TO OVERCOME THEM

2020 ◽  
pp. 146-152
Author(s):  
Т. P. Akhrem
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Norms ◽  
Brief Assessment ◽  
Judicial Practice ◽  
Definition Of ◽  
State Registration

The article offers an analysis of the legal norms of the current legislation regarding the definition of the objects of concession agreements. A brief assessment of the amendments to the Federal Law No. 115-FZ “On Concession Agreements” dated July 21, 2005, regarding the inclusion of information technology objects in the list of objects of concession agreements is given. The correlation of general and special norms at the conclusion of concession agreements in respect of several objects is considered. The position on the presence of a gap in legal regulation and the need to establish a list of cases at the level of a sub-legislative regulatory act giving reasons to evaluate the conclusion of a concession agreement for several types of objects for possible prevention, limitation or elimination of competition is substantiated. Peculiarities during the transfer of communal facilities by concession agreement regarding state registration of ownership of these facilities and the term for putting them into operation were revealed. On all issues considered, the author gives examples from judicial practice.

Selected issues related to the use of firearms for unlawful killing of animals

2018 ◽  
Vol 301 ◽  
pp. 53-59
Author(s):  
Daniel Markiewicz ◽  
◽  
Bartłomiej J. Bartyzel ◽  
Michał Borusiński ◽  
Grzegorz Bogiel ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Imaging Techniques ◽  
Gunshot Wounds ◽  
Legal Regulation ◽  
Post Mortem ◽  
Large Mammals ◽  
Law Enforcement Agencies ◽  
Scientific Institutions ◽  
Starting Point ◽  
Penal Sanctions

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.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Methods of interaction of the state border service of Ukraine with other law enforcement authorities

2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Universal Method ◽  
Coordination Control ◽  
Illegal Migration ◽  
Law Enforcement Agencies ◽  
Economic Methods ◽  
Forecasting Method

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.

scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Administrative Law ◽  
Practical Implementation ◽  
Scientific Article ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Public ◽  
Legal Documents

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

scholarly journals Юридизация области дисциплинарных отношений в рядах российской милиции (1917-1919 гг.)

2021 ◽  
Vol 70 (6) ◽  
pp. 90-93
Author(s):  
С.Ю. Чимаров ◽  
В.С. Бялт
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Law Enforcement Agencies

The article presents an analysis of the legal regulation of the disciplinary responsibility of Russian militia employees during the period of the change in government models from the tsarist era to the era of democratic transformations and the transition to the Soviet-style government regime. Focusing on the desire of the new government to strictly systematize the issues of disciplinary responsibility of domestic police officers in the specified period of time, the authors substantiate the need to strengthen the police ranks on the basis of disciplining the personnel of the updated law enforcement agencies.

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