State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Moral Principles

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Keywords: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

scholarly journals State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal Status ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Moral Principles

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Key words: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

scholarly journals On Foreign Historical Experience of Overcoming Discrimination of Women in Recruiting to the State Service in Law Enforcement Authorities

2021 ◽  
Vol 8 ◽  
pp. 76-79
Author(s):  
Aleksandr S. Petrantsov ◽  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
State Service ◽  
Historical Experience ◽  
Historical Aspect ◽  
Foreign Countries

The article is devoted to the historical aspect of overcoming discrimination in the recruitment of women to the service of law enforcement agencies of foreign countries. The author studied the legal experience of the leading world powers in this area, and also proposed the historical periodization of the service of women in the police of the leading world powers.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

scholarly journals Interaction of the human-rights ombudsman in the Russian Federation with human rights law enforcement (on the example of the prosecutor’s office and the investigative committee)

2021 ◽  
Vol 118 ◽  
pp. 03023
Author(s):  
Elizaveta Petrovna Demina ◽  
Nikita Vladimirovich Babich
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Legal Status ◽  
Law Enforcement Agencies ◽  
Second Stage ◽  
Quality Of Protection ◽  
Democratic State ◽  
Systemic Problems

The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.

scholarly journals Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

scholarly journals Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

2019 ◽  
Vol 75 (4) ◽  
pp. 59-64
Author(s):  
A. V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Legal Status ◽  
Criminal Liability ◽  
The State ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
Definition Of

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science. The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved. The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

scholarly journals UKRAINIAN LEGISLATION ON PREVENTION AND COMBATING CORRUPTION OFFENSES

2019 ◽  
pp. 14-22
Author(s):  
O.I. Nikitenko ◽  
A.A. Samoylovych
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
Ongoing Research ◽  
Modern Development ◽  
Illegal Acts ◽  
The Government

The article considers the evolutionary progress of the adoption of legislation in Ukraine on anti-corruption, starting with the Declaration of independence of the state, defined the essence of the state policy in combating analyzed the chronology of the stages of the legislative anticorruption acts-the conduct of ongoing research, observations of anti-corruption activities of law enforcement agencies is very important in the context of the modern development of Ukraine. During the years of independence of Ukraine was formed anti-corruption legislation, including normative legal acts in this sphere with the purpose of administrative and legal counteraction of corruption. The development of anti-corruption legislation in the period from 1991 to 1996, i.e. prior to the adoption of the Constitution of Ukraine of 1996 to 2004, a period which can be called the constitutional stage, and from 2004 to the present as a period of reform to counter corruption. This indicates that continuous changes in the administrative-legal regulation in the sphere of counteraction of corruption in Ukraine, the implementation of reform processes in law enforcement depends on the nature of government tasks and functions to ensure internal security of Ukraine, forms and methods of the professional activity of the bodies which carry out law enforcement or law enforcement function the article Also paid attention to how the state of corruption is influenced by organized groups and how the government is trying to counteract them. Specified on the weakness of preventive (preventive) measures regarding corruption and illegal acts. The Constitution does not specify what illegal acts are such, but some standards testify the protection of the rights and freedoms of natural and legal persons from such acts, but dedicated circle of individuals who have limitations with the passage of the civil service and local government. On the basis of the conducted research the conclusion about the need for effective legal mechanisms for fighting corruption and improving relevant legislation. Keywords: Сonstitution, anti-corruption policy, anti-corruption legislation, corruption, anticorruption.

scholarly journals Features of prevention of suicidal behavior of the persons performing the professional activity in the extreme environment (on the example of the American Armed forces)

2019 ◽  
pp. 151-158
Author(s):  
Peter Kobetc ◽  
Igor' Il'in
Keyword(s):  
Law Enforcement ◽  
Suicidal Behavior ◽  
Armed Forces ◽  
Extreme Environment ◽  
Practical Significance ◽  
Professional Activity ◽  
Positive Experience ◽  
Law Enforcement Agencies ◽  
The Us ◽  
The Military

The relevance of this work is due to the fact that at present the problem of suicide among persons engaged in their professional activities in an extreme environment, which include the military and law enforcement officials, is of great concern to the public and the leadership, the Armed forces and law enforcement agencies in different countries. Most of the previous studies have shown that suicide among the considered category of persons adversely affects the combat readiness of the unit and may even lead to a negative attitude in General to the service in the army or law enforcement. In this regard, the authors attempted to analyze the positive experience associated with the prevention of suicidal behavior in the US Armed forces. In the course of the research General scientific and special methods were applied, which allowed to draw reasoned conclusions. Studying the positive experience of suicide prevention in American servicemen, the authors came to the conclusion that the military and political leadership of the us Armed forces not only realized the importance of countering suicidal behavior, but also takes the necessary measures to minimize the phenomenon under consideration. The authors also note that currently in the Armed forces and law enforcement agencies should focus on the need for commanders and direct managers of mental health of soldiers and personnel, including to mitigate the effects of combat stress. The practical significance of the study is expressed in the possibility of using in our country the positive foreign experience in the prevention of mental disorders and suicidal behavior among specialists of dangerous professions. Due to the urgent need to reduce the psychotraumatic impact of negative factors on the group under consideration.

scholarly journals Administrative and Legal Status of the National Police of Ukraine as a Subject of State Policy Implementation in Human Rights and Freedoms

2020 ◽  
Vol 76 (1) ◽  
pp. 32-38
Author(s):  
A. V. Tanko
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Policy Implementation ◽  
Police Officers ◽  
State Policy ◽  
Legal Status ◽  
The State ◽  
Human Rights Protection ◽  
The Law ◽  
National Police

The article is focused on studying the phenomenon of the administrative and legal status of the National Police as a subject of Ukrainian state policy implementation in human rights and freedoms. The author outlines the essence and content of the administrative and legal status of the National Police of Ukraine through the leading categories of "law" and "freedom", which are important for the democratic processes developing in Ukrainian society. The administrative and legal status of the National Police of Ukraine is considered as a set of characteristics and powers entrusted in the state legislation, a set of the following components: target – determined by the mission of the police to promote the state policy implementation in the fight against crime and peacekeeping, enforcement of rights, public and state interests; organizational – characterizes the structure of the National Police, consisting of a central police control facility, which consists of organizationally integrated structural units that ensure the implementation of the police tasks in human rights protection; competent – related to the definition of tasks, functions, rights, and duties, as well as the degree of responsibility of the law enforcement and its units and employees, determining the focus of their activities on the protection of the individual and the guarantee of the legitimacy of counteracting the state on the part of the person to protect their rights and freedoms. In practice, the implementation of the new administrative and legal status enables law enforcement to approve the law, enhance the communication and legal culture of police officers, overcome the traditional politicization and militarization of law enforcement by updating the organizing strategies of human rights activities, strengthen the state and professional discipline, make the police activities transparent, improve the control system and responsibility of police structures and professionals for malpractice.

scholarly journals ADMINISTRATIVE AND LEGAL STATUS OF LAW ENFORCEMENT BODIES AS SUBJECTS OF FORMATION AND IMPLEMENTATION OF STATE POLICY IN THE FIELD OF NATIONAL SECURITY AND DEFENSE

2021 ◽  
Vol 75 (2) ◽  
pp. 35-44
Author(s):  
Vitalii Makarchuk ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
State Policy ◽  
Legal Status ◽  
The State ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Security Service ◽  
Service State ◽  
National Police

The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.

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