SPECIFICS OF LEGAL DISCOURSE IN PRACTICE LAWYER OF THE PENITENTIARY SYSTEM

2020 ◽  
Vol 72 (2) ◽  
pp. 261-267
Author(s):  
N. Tulkinbayev ◽  

The article considers the role and significance of the language personality of the future lawyer of the penitentiary system in the modern legal discourse. It is shown that the special language is primarily of a professionally oriented nature, and its tasks are to fulfill the communicative and cognitive needs of specialists of the appropriate profile. It is known that the characteristic of the lawyer's language personality should be considered in the context of the professional environment. In this regard, we consider it necessary to consider in this article the specific components of legal discourse, legal text and legal terminology. In professional activity, the oral speech of a lawyer is manifested in legal discourse, so the specificity of the recipient's understanding of the utterance in the process of communicative activity occupies a special place. A feature of the speech activity of a lawyer of the penitentiary system is a multi-faceted business communication with the purpose of changing certain characteristics of an individual or group of people and is the main means of professional activity. The article notes that the main source of creating a favorable opinion about the work of law enforcement agencies is the process of interaction between law enforcement agencies and citizens. Close interaction significantly increases the efficiency, quality and effectiveness of professional activities.

2021 ◽  
pp. 116-133
Author(s):  
О. О. DAVYDYUK

The article reveals the main trends in the process of feminization of law enforcement agencies in Ukraine, the sociological study describes the features and contradictions of women’s professional activities in force structures and the state of gender stereotypes and guidelines of men and women in law enforcement agencies. The article aims to identify the socio-psychological consequences of increasing the number of women in force law enforcement agencies and the nature of the relationship between the formed views on the role and place of women in law enforcement agencies and the relationship between women and men in this professional environment. To achieve this goal, a sociological survey was conducted, during which 784 employees of law enforcement agencies of Ukraine were interviewed (46.9 % women; 52.7 % men). The novelty lies in the definition of the main types of sexism in the professional environment of law enforcement agencies, it is also established that in modern conditions of formation of the gender structure of Ukrainian law enforcement agencies, stereotypes and directives based on patriarchal notions are predominant in employees of both genders that determine the recognition of lower and more limited professional abilities of female employees, and in this regard, their auxiliary (contractual) role position in all types of professional activities of law enforcement agencies. At the same time, the tendency of transformation of gender stereotypes and attitudes is revealed, which is determined by the strengthening of egalitarianism and weakening of traditional stereotypes and attitudes of employees of both sexes. It was found that the resource of gender tolerance (when the respondent clearly indicated that gender does not matter) in force structures is in the range of 40-60 %, depending on the question. Respondents (both men and women) showed situational gender flexibility, using both traditionally male (masculine) and female (feminine) models in assessing the professional environment of law enforcement agencies for gender equality. It is determined that women rate their abilities, competence, efficiency in force structures higher than men. Characterization of the processes of feminization in force structures is necessary to make timely and adequate efforts to remove or mitigate the emerging contradictions.


2019 ◽  
Vol 75 (4) ◽  
pp. 24-29
Author(s):  
T. L. Bilous

The article is focused on the research of self-regulation of mental states that arise in the employees of law enforcement agencies of Ukraine during the performance of professional activity in the conditions of extreme situations. The relevance of the research is currently increasing due to the need to increase resilience and overcome difficult life situations that often occur in the modern world. It has been determined that the professional activity of the employees of law enforcement agencies of Ukraine has its features, which require not only the professional competence of a specialist, but also certain personal qualities, with adaptation to extreme situations. The concepts of mental self-regulation, self-regulation and general ability to self-regulation have been analyzed. The basic levels of self-regulation related to professional activity (psycho-physiological, socio-psychological, psychological, spiritual) and corresponding self-regulatory abilities (emotional and psycho-physiological states, activity regulation, personal self-regulation, higher self-regulation ability) have been highlighted. They often occur while law enforcement officers perform their professional duties and lead to the emergence of negative mental states. The concept and main characteristics of an extreme situation have been characterized; self-regulation regulatory systems have been listed, which at the same time act as levels of self-regulation that ensures the effectiveness of professional activities of police officers in extreme situations. The author has studied methods of psychological influence (autogenic training and its variants, naive methods of self-regulation, the simplest methods of self-regulation, ideomotor training and neuro-linguistic programming), which are necessary for solving the set task. The author of the article describes how to possess various techniques of mental self-regulation, which allow to optimize the mental states and behavior of police officers in extreme situations. The conducted analysis of the aspect of studying self-regulation of mental states of police officers in professional activities to extreme situations demonstrates the possession of techniques of mental self-regulation and different levels and abilities of self-regulation, which allow to optimize the mental state and behavior of police officers.


Author(s):  
Ruslan Ahmedov ◽  
Yuliya Ivanova

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


2020 ◽  
Vol 11 (4) ◽  
pp. 18-22
Author(s):  
Rudnytska N. А. ◽  

The article explores the basic professional communicative knowledge, skills that mechanical engineers must have; in this article we give their definitions in the process of fulfilling professional duties, give a description of the profession mechanical engineer considering business communication. The article defines a professional program as information about a complex of general and special professional knowledge and skills necessary for a specialist to ensure effective communication as a component of his professional activity. In the article we define the following basic criteria for the professional ability of a mechanical engineer: mastery of a sufficient supply of communicative skills and experience, knowledge of the basics of a communicative culture that facilitate communication and help to establish proper relationships for the sake of high one's achievements in a specific professional field.in their future professional activities, mechanical engineers must demonstrate the ability to negotiate, reach out to the audience, build relationships with colleagues on an ethical basis, resort to non-standard language forms, ensure cooperation in the group, as well as ability to avoid conflicts and respond promptly to the interlocutor’s comments in professional communicative situations, anticipate the development of the conversation and the interlocutor’s reaction, create and maintain a friendly communicative atmosphere for success in cooperation.


2018 ◽  
Vol 69 (2) ◽  
pp. 36-42
Author(s):  
L. M. Zakharenko ◽  
O. O. Maloholova ◽  
T. I. Yurchenko-Shekhovtsova

The author has studied the peculiarities of academic motivation of final-year cadets (n=323) of higher education institutions with specific educational conditions. It has been determined that the dominant motivation for their professional training is internal motivation. They make independent decisions about their professional activities and seek to continue their service within the National Police. Adequate and situational types of professional motivation are typical for cadets. Respondents are aiming for theoretical knowledge. The motives for the professional activities of final-year cadets do not affect their motivation to acquire theoretical knowledge, but they affect the acquisition of professional skills and abilities. The “romantic halo” of the profession remains in the perception of the profession by final-year cadets, but the material component also becomes important. The status of the profession in society and its material remuneration, as well as the curiosity of the chosen profession have significant influence on the motivation of future professional activities of fourth-year cadets. The motivating factor for internally motivated cadets is a sense of effectiveness, as well as status and state’s high salary for labor of law enforcement professionals. Externally positively motivated cadets in case of the decrease in the status of the profession, unrealized career ambitions or the reduction of the material rewards of law enforcement officers may begin to perform their duties formally or may leave the service. Externally negatively motivated cadets are not interested in performing professional duties. On the basis of the obtained data, the author has concluded on the importance of mentoring in the process of professional development of young specialists and the continuation of professional training in the system of postgraduate education and service training of police officers. The author has emphasized the importance of further motivation of final-year cadets within professional activity, in particular the introduction of a “motivational” package for police officers by the state.


Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.


2021 ◽  
pp. 117-122
Author(s):  
Анастасия Дмитриевна Пашукова

Рассматривается вопрос об особенностях формирования профессиональной компетентности сотрудников уголовно-исполнительной системы в работе с осужденными – бывшими работниками судов и правоохранительных органов. Проанализировано понятие «профессиональная компетентность» и проблема ее формирования и совершенствования. Отмечается, что организация работы и межличностного взаимодействия сотрудников с осужденными – бывшими работниками судов и правоохранительных органов имеет ряд специфических особенностей. Акцент делается на том, что сотрудники данных учреждений должны обладать особыми профессиональными знаниями, умениями, навыками и быть компетентными специалистами. Подчеркивается важность поэтапного формирования профессиональной компетентности в системе исправительного учреждения. Описана педагогическая программа развития профессиональной компетентности сотрудников специализированных учреждений, которая состоит из трех основных модулей. Реализация данной программы поможет улучшить эффективность профессиональной деятельности сотрудников в работе с осужденными – бывшими работниками судов и правоохранительных органов. The article deals with the peculiarities of the formation of professional competence of employees of the penitentiary system in working with convicts-former employees of courts and law enforcement agencies. The concept of «professional competence» is considered, as well as the problem of its formation and improvement. It is noted that the organization of work and interpersonal interaction of employees with convicts-former employees of courts and law enforcement agencies has a number of specific features. The emphasis is placed on the fact that the employees of these institutions must have special professional knowledge, skills, and be competent specialists. The development and implementation of important moral and psychological qualities and abilities is more successful with timely and properly organized psychological and pedagogical support. The importance of gradual formation of professional competence in the correctional institution system is emphasized. The article describes a pedagogical program for the development of professional competence of employees of specialized institutions, which consists of three main modules. The significance of the developed program is that it provides a comprehensive synthesized volume of special knowledge, skills and abilities for employees who carry out their professional activities in specialized institutions. The implementation of this program will help to improve the effectiveness of the professional activities of employees in working with convicts-former employees of courts and law enforcement agencies.


2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV

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.


2020 ◽  
Vol 6 (5) ◽  
pp. 106-112
Author(s):  
Tatiana Kolomoiets ◽  
Oleksii Makarenkov ◽  
Georgiy Samoylenko

Relevance. In terms of revising the provisions of legal regulation of relations in the field of transport with the borrowing of competitive principles of the European institutes to ensure the integration of transport into European and world transport area, with revision of models of relations between relevant public administration entities and private entities, ensuring balance of their interests , including in the context of national and supranational threats and focus on expanding the implementation of rights, freedoms and legitimate interests of the latter in the field of transport, strengthening of the principles of decentralization of power in the system of public authorities occurs, resulting in a significant increase in the number and diversity of regulatory and legal acts aimed at settling the above relations. Unfortunately, at the same time the processes of "growth" and a variety of forms of corruption in the activities of public servants, whose professional sphere is directly related to transport relations with the involvement of municipal transport, are also active. Analysis of law enforcement activities of anti-corruption entities in all its manifestations shows a fairly steady trend towards an increase in the number of detected acts of corruption committed by public servants directly related to the exercise of their authority over the procedure for admission to municipal passenger transportation. The specifics of the legislative regulation of the latter presupposes the presence of many "defects", which create the basis for variable manifestations, including illegal, of the activities of public servants with a subjective arbitrary interpretation of the latest provisions of the law. "Low-quality" regulation of the provisions of the activity of public servants to exercise power over the admission to municipal passenger transportation has a negative impact not only on the implementation of passenger rights (of various categories), but also provision of the public interest, and contributes to the formation of a national threat with a "corrosive" sign of power within administrative and territorial units, especially the country in general. An integrated approach to clarifying the problems of "municipal passenger transportation" with an emphasis on eliminating corruption risks in the activities of public servants at the stage of exercising their power to admit to transportation, which will contribute to the "quality" of such entities and will form an effective regulatory framework for the relevant component of transport in general, its effective existence, the realization of the public interest and its correlation with the interests of individuals. The purpose of the paper is the justification of the relationship of the "quality" of standardization of the procedure for admission of entities to municipal passenger transportation and corruption risks in the professional activities of public servants, which is related to this area, formulating proposals for their multi-balance ratio to minimize these risks and "qualitative" standardization of the relevant component of passenger transportation and transport relations in general based on the analysis of various sources. The objects of the article are public relations directly related to municipal passenger transportation. The subject of the article is the "quality" of standardization of relations in admission to municipal passenger transportation and its connection with corruption risks in activity of public servants connected with the specified sphere of relations. Methods of research. Both general legal and special methods of scientific cognition were used in research. As the basis, the dialectic method was used, which allowed to reveal problematic issues in dynamics; juridical and logical method allowed to form options for borrowing positive and avoiding negative experience of relevant rulemaking and law enforcement in foreign countries; forecasting and modeling were used for making proposals to strengthen "quality" of standardization of the procedure of admission to municipal passenger transportation in order to eliminate corruption risks in the activities of public servants. Results. Admission to municipal passenger transportation should be considered as a form of public procedure, the subjects of which are servants of local public authorities. Given the specifics of municipal transport in general, any activity associated with its use, objectively anticipates the risks of possible, including illegal, priority satisfaction of private interests of public servants and the interests of relatives during the exercise of the public authority, which causes "corrosion" of public authority. The procedure of admission to the relevant transportation, the "corruption freedom" of which depends on the "quality" of normalization of its provisions, is not an exception. The relationship between the "quality" of legislation and the "corruption risk" of professional activity of public servants, which is associated with the procedure of admission to the services mentioned, is interdependent (the lower the quality of legislation, the higher the risks of "corrosion" of professional activity of public servants and vice versa). In order to improve the "quality" of standardization of the procedure for admission to the transportation and minimize corruption risks in the professional activities of public servants associated with the above procedure, it is appropriate to strengthen the provisions of certainty of the content of relevant legislation, their systematization (including in the form of codification), streamlining the thematic definition series, meaningful consolidation of the principles of transparency, publicity, participation, public-private partnership, guarantee of all elements and admission procedures in general.


Author(s):  
P Korchemniy ◽  
Viktoriya Vahnina ◽  
Valeriya Vasil'eva

The problem of psychological training of employees of law enforcement agencies remains relevant at the present time. The problem of professional training for extreme situations is of particular importance, as the choice of a methodological approach to the implementation of professional and psychological training of law enforcement officers. The most effective is the system-situational approach in combination with the model approach, which are based on the system approach. The authors consider the role of situational, system-situational, model approaches to the psychological training of law enforcement officers in extreme situations of professional activity. In the course of the theoretical analysis and empirical research, the conclusion is formulated about the significance and effectiveness of the system-situational approach, the use of which contributes to the formation of effective psychodiagnostic procedures. In the course of the study, the features of the psychological and managerial potential of employees of law enforcement agencies were identified. In modern conditions, a systematic approach is developing most intensively, which carries out a gradual study of the subject: from the general to the particular, taking into account the significance of the goal, its achievability. The article considers the system-situational approach as one of the most promising, especially in the aspect of empirical research of crisis and anti-crisis situations of operational and service activities. Within the framework of system-situational analysis, professionally significant activity is studied as a dynamic system.


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