scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals WAYS TO IMPROVE LEGAL STANDARDS TO COUNTER TRAFFICKING IN HUMAN BEINGS

2020 ◽  
pp. 265-276
Author(s):  
І. І. Гальона
Keyword(s):  
Law Enforcement ◽  
Professional Training ◽  
Theoretical Development ◽  
Free Access ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Legal Standards ◽  
Trafficking In Human Beings ◽  
The Right

The relevance of the article is that the construction of a democratic legal system of Ukraine primarily involves reforming existing legislation, which would really guarantee the inviolability of rights, freedoms and legitimate interests of society and citizens from unlawful encroachments. Implementation of these tasks by law enforcement agencies, which are obliged to use available forces, means and take effective measures to combat human trafficking. The effectiveness of such measures largely depends on the professional knowledge and skills of investigators and operatives who conduct operational and investigative activities and are involved in covert investigative (investigative) activities, especially those committed by members of organized groups and criminal organizations during the pre-trial investigation. misdemeanors and criminal offenses. At the same time, improving the effectiveness of law enforcement agencies in combating trafficking in human beings requires, first of all, a significant improvement of legal norms, first of all, criminal and criminal procedure law, aimed at improving preventive measures of police and investigation and preventive responsibility for these crimes. The purpose of the study is the theoretical development and implementation of effective rules of criminal law in order to successfully prevent and investigate trafficking. It was found that a person who has been granted the status of a victim of trafficking in human beings has the right to personal security, respect, as well as free access to: information about their rights and opportunities, expressed in the language of such a person; medical, psychological, social, legal and other necessary assistance; temporary placement, at the request of the victim and in the absence of housing, in institutions for victims of trafficking, for up to three months, which if necessary may be extended by decision of the local state administration, in particular in connection with participation of a person as a victim or witness in criminal proceedings; compensation for moral and material damage at the expense of the persons who caused it, in the manner prescribed by the Civil Code of Ukraine; one-time financial assistance in the manner prescribed by the Cabinet of Ministers of Ukraine; assistance in employment, realization of the right to education and professional training.

scholarly journals Combating credit fraud: experience of Ukraine and some other European Countries

2021 ◽  
Vol 10 (42) ◽  
pp. 93-102
Author(s):  
Volodymyr Cherniei ◽  
Serhii Cherniavskyi ◽  
Alexander Dzhuzha ◽  
Viktoria Babanina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
The Other ◽  
Financial Fraud ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Criminal Offenses ◽  
European Union Countries ◽  
General Scientific ◽  
The Eu

The article is devoted to the study of the peculiarities of combating fraud in the field of finance, in particular, combating crimes in the field of lending. The experience of Ukrainian law enforcement agencies in combating credit fraud has been studied. The experience of some European Union countries in combating financial fraud is analyzed. To achieve the goal of the paper a set of general scientific and special methods was used, such as method of system-structural analysis, dogmatic (formal-logical), historical, general sociological, comparative-legal method and others. It is concluded in the article that the rules of criminal law of Ukraine establish more severe penalties for some crimes compared to EU countries. For example, this applies to crimes in the field of money laundering. On the other hand, some offenses that do not qualify as crimes in Ukraine are recognized as criminal offenses in the EU. For example, this applies to abuses in the field of insurance. According to the results of the study, the solution of some important issues is proposed such as improvement of the current legislation in the field of credit and financial relations, adaptation of the legislation of Ukraine to international norms and standards in the system of credit and financial relations.

scholarly journals The European Court of Human Rights as Part of Criminal Procedural Legislation of Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 235-244
Author(s):  
О. С. Розумовський ◽  
О. О. Кочура
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Supreme Court ◽  
Practical Implementation ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
European Court ◽  
The Supreme Court ◽  
Grand Chamber ◽  
The Right

The author has studied the issue of the origin and formation of the European Court of Human Rights after the Second World War, steps in the establishment and development of this Court, as well as the actions of the Member States to consolidate the development of the European Court of Human Rights at specialized conferences with the support of the Committee of Ministers. The list of regulatory and legislative acts adopted by the Verkhovna Rada of Ukraine for the establishment of the rule of law in regard to the understanding of human rights in the activities of Ukrainian courts has been researched. Since the Convention for the Protection of Human Rights and Fundamental Freedoms has become part of national legislation after its ratification by the Verkhovna Rada of Ukraine, more detailed study should be conducted regarding the urgent task of fully understanding the content of this international treaty and the main mechanisms for implementing its norms. The author has analyzed the implementation of the case law of the European Court of Human Rights on the example of its specific decisions into criminal procedural legislation of Ukraine by applying the decisions of the European Court of Human Rights by the Grand Chamber of the Supreme Court in its activities and problematic aspects of their practical implementation. Particular attention has been paid to the study of problematic aspects of the use of these decisions in practice by highlighting the rulings of the Grand Chamber of the Supreme Court issued in 2019. The author has analyzed the decisions of the European Court of Human Rights in regard to the conducted secret (search) actions by law enforcement agencies with further disclosure ob obtained evidence to the defense party; it has been also pointed out that the right to disclose evidence contained in criminal proceedings is not absolute to the defense and may be limited only in cases when there are the interests of national security, information protection or witness protection concerning the methods and forms of law enforcement agencies’ activity. The author has made propositions to resolve certain situations related to the implementation of the decisions of the European Court of Human Rights in Ukraine.

Criteria for distinguishing vandalism from a minor act

2021 ◽  
pp. 486-499
Author(s):  
Yuri D. Nalimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Points Of View ◽  
The Right ◽  
A Minor ◽  
Dialectical Analysis

When qualifying vandalism, law enforcement officers often experience difficulties in distinguishing a criminal act from a minor one, which formally contains signs of a crime, but does not pose a public danger. Due to the evaluation of the signs of both vandalism and the insignificance of the act, there is a high probability of qualification errors in which insignificant acts are recognized as criminal, or on the contrary, the actions of persons who committed vandalism are recognized as unapproachable. To date, there is no single doctrinal opinion defining the criteria of insignificance, a similar situation is observed in judicial and investigative practice. For these reasons, the topic is relevant and requires a comprehensive analysis. The purpose of the study is to consider the points of view of researchers of interest to the science of criminal law and law enforcement officers. The tasks are to establish rules for the qualification of criminal and insignificant vandalism, which contribute to the adoption of the right decision by law enforcement subjects, to make scientifically based proposals for the application of Article 14, Part 2 of the Criminal Code of the Russian Federation, in relation to acts that formally fall under the signs of a crime under Article 214 of the Criminal Code of the Russian Federation. During the research, the following methods are used: dialectical, analysis, synthesis and sociological. As a result of the analysis, the most common mistakes made by the law enforcement officer are identified, the points of view of scientists on the qualification of vandalism are considered. Signs of insignificance were also investigated, taking into account practical and doctrinal positions. As conclusions, the signs of insignificance are proposed, which are subject to establishment by law enforcement agencies, in order to correctly qualify vandal actions.

scholarly journals Prosecutor, as guarantor of legality during registration statements, reports on committed criminal offenses: problems and reality

2019 ◽  
Vol 31 (1) ◽  
pp. 194-202
Author(s):  
K. Shapovalovа
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Criminal Offenses ◽  
Practical Recommendations ◽  
Investigation Information

The article deals with the issues of procedural ensuring of consideration of applications and reports on criminal offenses committed in the activities of the investigation authorities, analyzes the peculiarities of the supervisory activity of the prosecutor at this stage of criminal proceedings, identifies his powers, the main criteria for assessing the effectiveness of prosecutorial supervision over observance of laws in the activities of investigating agencies, generalized violations  in the form of not entering into the Uniform Register of pre-trial investigation information about criminal law enforcement.  Based on the analysis of the CPC of Ukraine, departmental orders and instructions of law enforcement agencies that regulate the issues of filing and reviewing applications and reports on criminal offenses, the algorithm of the actions of the prosecutor on ensuring compliance with the lawfulness of the investigation bodies during the reception, registration, registration and consideration of applications is determined and characterized, reports of criminal offenses committed.  A number of theoretical provisions, conclusions and practical recommendations aimed at improving the norms of the national legislation and increasing the efficiency of the prosecutor's activity in the field of criminal proceedings are formulated.

scholarly journals ON THE CONSTRUCTION OF CRIMINAL CHARACTERISTICS OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 200-206
Author(s):  
О. А. Антонюк
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Internal Properties ◽  
The Individual ◽  
Effective Use

The relevance of the article is that the construction of any system depends on probable connections that will stably and logically reflect its internal properties. This statement can also take place in the construction of a forensic characterization of criminal offenses against public order. After all, it is the correlations that exist between the individual elements of the studied category that are the basis of its most effective use by law enforcement officers. At the same time, it is necessary to determine the content of the relevant components of the forensic characteristics of the investigated group of illegal acts. After all, there are a large number of works of criminologists in this regard. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the filling of forensic characteristics of criminal offenses against public order must meet the needs of law enforcement agencies. That is, to be optimal and informative enough to be able to use information about specific elements of the studied category to achieve the objectives of the investigation. Based on the study of scientific sources, analysis of materials of criminal proceedings and questionnaires of law enforcement officers, we outlined the filling of the forensic characteristics of offenses against public order with the following components: the method of committing a crime; the subject of criminal encroachment; the circumstances of the crime; trace picture; the identity of the offender; the victim's identity. It is determined that the separation of these elements in addition to all of the above is also determined by their necessary search direction: the selection of typical components formulates the real possibilities of individual investigative versions during the investigation and allows more efficient various procedural actions.

scholarly journals PLANNING A CYBERCRIME INVESTIGATION USING AN ARTIFICIAL NEURAL NETWORK

2021 ◽  
pp. 578-588
Author(s):  
Ya. Nedilko
Keyword(s):  
Neural Network ◽  
Information Technology ◽  
Artificial Neural Network ◽  
Law Enforcement ◽  
Action Plan ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Reasonable Time ◽  
Criminal Offenses ◽  
Artificial Neural

The article deals with the lack of a clear sequence in the actions of the investigator and the ineffective use of scientific and technical means during the pre-trial investigation of cybercrimes, in most cases, does not help to identify the perpetrators and bring it to justice. Planning plays a significant role in the effective investigation of criminal offenses committed with the use of information technology (cybercrimes). To determine the essence of planning an investigation, its formation in forensic science was analyzed. The definition of the concept of “planning cybercrime investigation” is given. In our opinion, crime investigation planning should be understood as a pre-planned action plan of an investigator in a specific criminal proceeding to investigate cybercrimes, which is drawn up both by the investigator (orally or in writing) and with the help of information technology software (programs). We suggest using an artificial neural network when planning a cybercrime investigation, since the main thing in an artificial neural network is that it is not programmed, but is trained based on examples. We fully share this point of view and believe that on the basis of successful and unsuccessful plans for investigating criminal offenses committed using information technologies (cybercrime), it is possible to teach an artificial neural network to develop (program) a specific investigation plan in appropriate situations, as well as analyze existing investigation plans to find and eliminate errors. It is worth noting that this Cybercrime Investigation plan, compiled by an artificial neural network, should be of a recommendatory nature. Any edits, changes, etc., as well as decisions on carrying out certain procedural or tactical actions proposed in the plan by an artificial neural network, should be made exclusively by the investigator. The use of an artificial neural network when planning a cybercrime investigation will contribute to: 1) the investigator’s ability to effectively and quickly investigate cybercrime; 2) save time in scheduling a cybercrime investigation; 3) providing the most appropriate tactics and methods that should be applied during the pre-trial investigation of cybercrime; 4) a low probability that the investigation will come to a standstill; 5) ensuring the protection of human interests in cyberspace; 6) educing procedural and tactical errors on the part of law enforcement agencies; 7) compliance with the requirements of a reasonable time during criminal proceedings. 4) it is unlikely that the investigation will come to a standstill; 5) ensuring the protection of human interests in cyberspace; 6) reduction of procedural and tactical errors on the part of law enforcement agencies; 7) compliance with the requirements of a reasonable time during criminal proceedings.

scholarly journals FORENSIC SCIENCE POSIBILITIES WITHIN THE FRAMEWORK OF CRIMINAL PROCEEDINGS WHILE AVIATION ACCIDENTS

2021 ◽  
Vol 3 ◽  
pp. 56-64
Author(s):  
M. Nechyporuk ◽  
V. Pavlikov ◽  
A. Ivanović ◽  
Nataliia Filipenko
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Aviation Industry ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Aviation Accidents ◽  
Criminal Offenses ◽  
Forensic Institutions ◽  
Specialized Institutions ◽  
Specific Expertise

The article analyzes conceptual framework for specific expertise use while conducting forensic examinations related to aviation accidents. Foundations of such activities have been developed. In particular, it is stressed that effective implementation of criminal proceedings depends to a greater extent on the results of expert researches, especially if it is a complex process of aviation accident investigation. Similarly, the quality of expert researches depends on organization of research institutes activity regarding creation of effective methodologies for the analysis of different physical evidence obtained at the aviation accident scene. By using specific expertise, employees of forensic institutions independently or jointly with employees of other specialized institutions, law enforcement agencies, specialists-doctors can advance methods of expert research and, consequently, combat criminal offenses or ensure timely detection of the offender whereabouts. The possibility of expanding the compulsory appointment of forensic examinations in aviation accident criminal proceedings is being considered. Factual and legal grounds for the appointment and conduct of a forensic examination in this case are outlined. Scientifically substantiated recommendations on directions of counteraction to attacks on the aviation industry facilities are suggested, as well as the algorithm for developing innovations for the needs of law enforcement agencies is proposed. It is emphasized that the use of forensic science possibilities within the framework of a criminal proceeding related to aviation accidents is quite influential, since it helps to perform a multidisciplinary professional analysis of evidence, facilitate organization of forensic experts’ work, protect the rights of citizens and contribute to fulfillment of justice tasks in general.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

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