Centralization of administrative influence on the bodies of internal affairs of Ukraine

2020 ◽  
pp. 99-105
Author(s):  
Roman Shapoval ◽  
Khrystyna Solntseva
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Separation Of Powers ◽  
Central Executive ◽  
Management Style ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Internal Affairs ◽  
The Baltic ◽  
Centralized Model

Problem setting. In the article the authors analyse the essence and legal nature of control and supervision activities of the internal affairs bodies of Ukraine. Emphasis is placed on fundamentally important aspects of control and supervisory powers of the Ministry of Internal Affairs of Ukraine, a parallel is drawn between their regulation in European countries. The necessity of strengthening the administrative influence on the activity of law enforcement bodies and their officials is substantiated. Target of research. The purpose of the study is determining the features of the legal status of bodies and their officials who are called to exercise administrative and supervisory powers in the system of internal affairs of Ukraine, outlining the possibilities of implementing legal norms in the system of national legislation. Analysis of recent researches and publications. Many foreign and domestic scholars, including Stalman J. I., Lovatcharin J., Kohei S., Simanuk A., Gorbova N. A., Parubchak I. O., Sopilnyk R. L. and others made a significant contribution to the study of the issue of administrative and supervisory powers in the system of internal affairs. The authors personally have studied some problematic aspects of the functioning of the mechanism of supervisory powers of public authorities in the field of political and territorial organization of the country at the international level. Article’s main body. The new model of building a law enforcement system, which is a consequence of the reform of internal affairs, requires the search for qualitatively new principles and methods in the field of public administration by law enforcement agencies. Today there are the following models of law enforcement system in foreign countries: centralized (model with a leading role of the Ministry of Internal Affairs, directive management style and clear vertical subordination of lower levels to central authorities; decentralized model (lack of a single national body, number of police forces, the predominant concentration of police control levers in the hands of regional authorities and local governments); semi-centralized model (provides for the presence of a ministry responsible for internal security, etc.). We agree with the views of scientists who emphasize the need for a combined police department, which combines the features of a centralized and decentralized management system. As for determining the administrative influence of the Ministry, the latter is implemented through such measures to ensure legality as supervision and control. There are several approaches to distinguishing these categories in the legal literature. The first group of researchers emphasizes the absence of a difference between control and supervision, arguing that supervision characterizes the presence of control powers, and hence identification. The legislator is also ambiguous in this aspect, because in some cases these concepts are identified. In turn, there are regulations where the disputed categories are the basis for the separation of powers between central executive bodies. Conclusions and prospects for the development. The introduction of a combined model of the law enforcement system will solve many personnel issues, as well as increase the efficiency of and public confidence in law enforcement agencies, create conditions for further decentralization of the law enforcement system. The experience of the Baltic states shows that in Ukraine, compared to others, the level of administrative influence of the Ministry of Internal Affairs on the controlled bodies is extremely low, which is reflected in the too narrow competence of the Central Executive Body. At the legislative level, the control and supervisory powers of state bodies are not sufficiently differentiated. These and other problems make it important to search for new models of administrative influence on the management of internal affairs in the country. An exemplary example of this can be the mental and ideological components of the Baltic countries.

scholarly journals Improving the Training of Law Enforcement Officers in Countering Crimes Committed Using Information Technology

Legal Concept ◽  
2020 ◽  
pp. 154-163
Author(s):  
Ivan Arkhiptsev ◽  
Alexander Sarychev ◽  
Roman Krasnikov
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Information Security ◽  
Information Technologies ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Internal Affairs

Introduction: according to the official statistics, the number of acts involving information technology is increasing every year in Russia. In particular, currently, the types of crimes in the field of information technology are changing qualitatively and continue to evolve continuously, becoming highly organized and more sophisticated. Through the use of information technologies in Russia, such crimes as hacking, illegal data acquisition (information espionage), theft of other people’s property from payment (settlement) cards and accounts of citizens, trafficking of drugs, arms, human beings are committed; the extremist literature is distributed, new members of terrorist groups are recruited; pornography, including children, is spread, illegal gambling and online games are conducted; fraud through the use of cellular and IP-telephony services, theft of personal data in large amount and selling them, and other crimes are committed using information technologies. The current type of computer fraud – phishing – is gaining momentum. Its essence is that cybercriminals seek to get hold of the data of ordinary people through computer technology, and using this data, get hold of their funds, including financial ones. It seems that such actions can neither contribute to the development of Russian society, nor to the development of civilized relations in society, nor to the development of information networks themselves. After all, any technology can be used for both constructive and non-constructive technologies. And when these goals are destructive, the law enforcement agencies, in our opinion, should have an effective level of training to deal with such violations. We believe that it is not enough to calculate, detect, and establish. We still need to be able to bring the culprit to criminal responsibility. In this regard, the most important thing is to ensure that anonymity not only creates the illusion of impunity, but also that the law enforcement agencies have a sufficient legal, organizational and, first of all, personnel basis to expose the criminal. In order to successfully thwart crimes in the field of information technology, the availability of implementation of the adopted standards and the key to the implementation of the state policy in the field of information security is the training and education of appropriate personnel who would provide “breakthrough” results in this area. The purpose of the research is to study the issues of improving the training of the law enforcement officers in countering crimes committed through the use of information technologies. Methods: the research uses a comparative analysis and generalization of the examples of the educational methods used in the educational organizations of the Ministry of Internal Affairs in the field of information security. The authors study, in particular, the general theoretical and practical orientation of the educational process in this area, synthesizing the results obtained, whose purpose is to improve the training of highly qualified specialists for the Internal Affairs bodies capable of countering crimes in the field of information technologies. Results: the authors formulate the main directions for improving the training of the law enforcement officers to counter crimes committed using information technologies, in particular, on the example of the educational organizations used in the educational process of the Ministry of Internal Affairs of Russia. Thus, one of the measures proposed by the authors in this direction is the opening of a new specialty – cyber-investigator or cyber-criminalist. The entry of developed countries into the sixth technological order and the further active digitalization of the world economy predict a huge scale and replication of crimes using information technologies. This circumstance actualizes the need to popularize the profession of a cyber-investigator – a specialist with an interdisciplinary education, i.e. experience in the investigative agencies will have to be combined with the skills of a criminalist and a specialist in the field of information protection.

scholarly journals BACKGROUND PROVISIONS OF THE STATE DEPARTMENT OF THE LAW ENFORCEMENT SYSTEM

2021 ◽  
Vol 06 (04(01)) ◽  
pp. 99-108
Author(s):  
Olexey Hrobust Olexey Hrobust
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Public Administration ◽  
Local Governments ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Highly Effective ◽  
Information And Communication ◽  
The Law ◽  
Resource Support

Study of the initial provisions of public administration in the field of law enforcement reform, we have limited their composition and establishment of features. It is established that the object of public administration in the field of law enforcement reform should be understood as public relations to which the tools of law enforcement are used, the actual methods of law enforcement, and the activities of entities implementing law enforcement. In turn, the subjects will be the central executive bodies that implement state policy in the field of law enforcement, local governments, and law enforcement agencies. The tasks of public administration of the law enforcement system include: establishing a system of communication between law enforcement agencies to perform the tasks assigned to them by law; formation of financial support for the activities of law enforcement agencies; development and implementation of law enforcement reforms; formation of resource support for the implementation of reforms and the functioning of law enforcement agencies; formation of information support for the implementation of reforms in the law enforcement sphere; organization of training and retraining of law enforcement personnel; organization of information and communication system of interaction of law enforcement agencies with international police organizations. The implementation of these tasks will ensure the adoption of highly effective public administration decisions on the development and implementation of reforms in the law enforcement sphere, which should ensure the effectiveness of the law enforcement system. The selection of the following principles of the law enforcement system, the observance of which should be aimed at public administration decisions: legality; justice; equality; professionalism; competence; political ness; continuity; independence. Keywords: public administration, law enforcement, law enforcement reform, highly effective public administration decisions, legality, justice, equality, professionalism, competence, policy, continuity, independence.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

Social efficiency of internal affairs bodies

2021 ◽  
Author(s):  
Egor Bunov
Keyword(s):  
Law Enforcement ◽  
Empirical Studies ◽  
Multidimensional Analysis ◽  
Law Enforcement Agencies ◽  
Social Effectiveness ◽  
The Social ◽  
Wide Range ◽  
Degree Of Satisfaction ◽  
Internal Affairs

The monograph contains a theoretical analysis of the social effectiveness of the internal affairs bodies as the degree of satisfaction of the population with the quality of law enforcement activities to protect their interests, rights and freedoms. The results of a multidimensional analysis of empirical studies of the influence of macro - and microsocial factors on the effectiveness of interaction between the population and law enforcement agencies are presented. The article substantiates the criteria for social assessment of the activities of the internal affairs bodies, the use of which allows for practical adjustment of the forms and methods of the management system. For a wide range of readers interested in the practice of applying legal measures of law enforcement.

Who Will Keep the Public Healthy? Assuring a Legally Prepared Workforce

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld
Keyword(s):  
Law Enforcement ◽  
International Association ◽  
Department Of Justice ◽  
Law Enforcement Agencies ◽  
Rigorous Evaluation ◽  
The Public ◽  
Chiefs Of Police ◽  
The Law ◽  
And Performance ◽  
Evaluation Techniques

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.

scholarly journals Tools and Methods of Work of Law Enforcement Agencies in the Sphere of Economic Law Infringements

2021 ◽  
Vol 18 ◽  
pp. 606-618
Author(s):  
Olena Kozynets ◽  
Alla Nitchenko ◽  
Andrii Kholostenko ◽  
Petro Zhovtan ◽  
Larysa Luhosh
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Information Technologies ◽  
Law Enforcement Agencies ◽  
Economic Law ◽  
Academic Paper ◽  
Money Transfer ◽  
The Law ◽  
Analysis System ◽  
Tools And Methods

The global transformations of the economy through the system of information technologies have led to the spread of new manifestations of crime, mainly in the areas of money transfer, foreign exchange transactions, international logistics schemes. Consequently, there is a need to develop highly effective tools and methods of law enforcement agencies in the sphere of economic law infringements. The purpose of the research is to investigate modern tools and methods used in the activities of law enforcement agencies in order to prevent economic law infringements. The research methods are as follows: systematization, generalization, analysis of the regulatory framework, the method of comparative analysis; system and logical analysis, method of information synthesis; quantitative method. Results. The means and methods of work of law enforcement agencies in the field of economic law infringements have been analyzed in the academic paper. A comparative analysis of the application of tools and methods of law enforcement agencies in the field of economic law infringements in European countries has been conducted. It has been noted that they have been experiencing significant structural and technological changes, which makes it possible to more effectively identify economic violations of the law and prevent their implementation in various spheres of economic activity. The necessity of introducing modern information and technological methods of work of law enforcement agencies in order to overcome the growing number of economic law infringements has been proved. The concept of modern tools and methods of counteraction to economic law infringements has been considered and the further development of system of means and methods of counteraction to economic law infringements has been offered. The results of the research can be used to study trends in the development of tools and methods of law enforcement agencies in the field of economic violations of the law.

scholarly journals Forensic researches at National Academy of Internal Affairs: heritage of scientific schools (Review Article)

2021 ◽  
Vol 23 (1) ◽  
pp. 24-44
Author(s):  
S. Cherniavskyi ◽  
V. Yusupov
Keyword(s):  
Law Enforcement ◽  
Scientific Activity ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Main Research ◽  
Scientific Schools ◽  
Legal Science ◽  
Science And Education ◽  
Internal Affairs ◽  
High Level

The Article purpose is to disclose the process of the formation of forensic scientific schools in the National Academy of Internal Affairs on the basis of the study of its historical development; to emphasize the role of heads of departments and leading professors of the National Academy of Internal Affairs in formation of forensic scientific schools, identify the main research directions of forensic scientific schools of the National Academy of Internal Affairs, highlight their contribution in training of highly qualified scientific and pedagogical staff; to emphasize achievements of forensic scientific schools of the National Academy of Internal Affairs and their significance for advancement of legal science and education in Ukraine. When covering the article content, historical, historiographic, terminological, systemic-structural, formal-logical, comparative-legal and statistical methods have been applied.  It is substantiated that the center for the development of forensic scientific schools in the National Academy of Internal Affairs is the Department of Criminalistics. Main directions of research of forensic scientific schools in the National Academy of Internal Affairs have been systematized and shown. It has been proved that forensic scientific schools of the National Academy of Internal Affairs are developing according to two scientific directions: innovative research of non-traditional traces of crime (the school of Professor M. V. Saltevskij); advancement of investigative activities and methods of investigating criminal offenses based on studying tactics applied by criminals, current achievements in science and technology (school of Professor V. P. Bahin). Scientific links between forensic schools of the National Academy of Internal Affairs and other forensic schools and centers of research institutions, higher educational institutions, law enforcement agencies have been demonstrated. Forensic scientific schools of the National Academy of Internal Affairs play a crucial role in the development of legal science and education, contribute to the formation of the high level of professionalism in law enforcement agencies and lawyers, ensure the unity of law enforcement practice and educational-scientific activity in higher education institutions.

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