VICTIMOLOGICAL BASES FOR PREVENTION OF CRIMES IN UKRAINE

2018 ◽  
Vol 32 (32) ◽  
pp. 169-180 ◽  
Author(s):  
Sergii Міnchenko ◽  
Anastasiia Dzhuzha
Keyword(s):  
Crime Prevention ◽  
Legal Status ◽  
The State ◽  
National Police ◽  
Comprehensive Study

A comprehensive study of measures of prevention of crimes undertaken by the National Po-lice of Ukraine is carried out in the paper from the victimological perspective. Moreover, the nature of its social and legal status in the state mechanism of crime prevention is defined. The author proposes the structure of crime prevention subjects and notes that the National Police of Ukraine is an important subject of this activity.

scholarly journals SOME LEGISLATIVE STEPS TO INCREASE THE EFFICIENCY OF THE IMPLEMENTATION OF THE CRIMINOLOGICAL POLICY OF THE STATE IN THE ACTIVITIES OF CERTAIN BODIES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 23-30
Author(s):  
Н. С. Сидоренко
Keyword(s):  
Criminal Justice ◽  
Crime Prevention ◽  
Criminal Procedure ◽  
The State ◽  
Security Service ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Law ◽  
National Police

The relevance of the article is that to obtain the status of mandatory for implementation, these conceptual provisions must be enshrined in the relevant regulations. Therefore, in order to increase the effectiveness of the criminological policy of the state in the activities of individual bodies of criminal justice, it is necessary to search for ways to improve the legislative mechanism of its implementation. The purpose of the article is to find legislative steps to improve the implementation of criminological policy of the state in the activities of individual bodies of criminal justice. Some legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. The search for legislative steps to increase the effectiveness of the implementation of criminological policy of the state in the activities of certain bodies of criminal justice. It is concluded that in the current CPC of Ukraine there are no direct rules authorizing the criminal justice authorities to prevent activities. First of all, it concerns the identification of the causes and conditions that contribute to the commission of criminal offenses and the taking of measures within their competence to eliminate them. That is, investigators and investigators have the power to identify and eliminate the causes and conditions of crime, according to the Law of Ukraine "On the National Police", and the mechanism for exercising this power, which should be contained in the CPC of Ukraine, is absent. To increase the effectiveness of the implementation of criminological policy of the state it is advisable, in particular: in Article 1, Part 2 of Article 9, para. 3 part 1 of Art. 22 of the Law of Ukraine "On the National Police" to replace the phrase "combating crime" with "crime prevention". In addition, in Article 2 of the same Law, one of the tasks of the police, instead of "combating crime", it is desirable to define "crime prevention"; The Law of Ukraine “On the Security Service of Ukraine” should be supplemented with guarantees regarding non-interference in the activities of SBU employees as follows: “Any written or oral instructions, requirements, instructions, etc. addressed to the Security Service of Ukraine or its employees proceedings and not provided for by the Criminal Procedure Code of Ukraine, are illegal and not enforceable. In case of receiving such instructions, requirements, instructions, etc., the employee of the Security Service of Ukraine shall immediately inform the head of the Security Service of Ukraine in writing".

scholarly journals Improvement of legal support of training of members of civil formations by National Police bodies

2020 ◽  
Vol 2 (2) ◽  
pp. 105-109
Author(s):  
Svitlana Ryzhkova
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Public Order ◽  
The Public ◽  
Special Training ◽  
Village Council ◽  
The Law ◽  
The Right ◽  
National Police

The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.

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.

CRIME PREVENTION PROGRAMMES IMPLEMENTED BY THE POLICE IN THE AREA OF PUBLIC SAFETY

2021 ◽  
Vol 142 (2) ◽  
pp. 207-226
Author(s):  
ŁUKASZ ŚWIERCZEWSKI ◽  
ŁUKASZ KACPROWICZ
Keyword(s):  
Crime Prevention ◽  
Public Safety ◽  
Public Trust ◽  
The State ◽  
Metropolitan Police ◽  
The People ◽  
Prevention Programmes ◽  
Close Cooperation ◽  
Prevention Activities ◽  
National Police

The aim of this article is to indicate basic and necessary police activities related to crime prevention programmes. Thanks to these programmes and close cooperation of the state and police authorities with the people, public trust can be built and, at the same time, the effectiveness in preventing various criminal acts can be increased. The article has been based on the data obtained from the National Police Headquarters and crime prevention activities that have been already implemented, or are still being implemented by the Metropolitan Police Headquarters.

scholarly journals ADMINISTRATIVE AND LEGAL STATUS LAW ENFORCEMENT AUTHORITIES AS ENTITIES ENSURING THE FINANCIAL SECURITY OF THE STATE

2020 ◽  
pp. 193-204
Author(s):  
В. В. Люх
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Research Area ◽  
Economic Security ◽  
The State ◽  
Financial Security ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
The Concept Of Law ◽  
National Police

The article is devoted to the study of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, in the context of which the author answers three questions: 1) «What is meant by the category» administrative and legal status?»; 2) “Which law enforcement agencies are directly involved in ensuring the financial security of the state?; 3) «What competence do these law enforcement agencies have in the field of financial security and what are their responsibilities?». Having defined the content of such categories as “status”, “legal status”, “administrative-legal status”, the author proposes to understand the administrative-legal status of a law enforcement body as a subject of financial security as an administrative law provision of a law enforcement body, powers and responsibilities in the field of financial security of the state. The definitions of the concept of «law enforcement agencies» are analyzed, the lack of a common vision of the content of their activities at both the legislative and doctrinal levels is stated, their features are formulated. It is determined that law enforcement agencies that are the subjects of financial security of the state can include only the National Police of Ukraine, the Security Service of Ukraine, the tax police of the State Fiscal Service of Ukraine and the National Anti-Corruption Bureau of Ukraine, the Prosecutor’s Office, the State Bureau of Investigation and the State Audit Office. Through the prism of their tasks and functions as categories that concisely and meaningfully express their competence and authority, the main features of their administrative and legal status are identified. It is concluded that the specialized legislation of Ukraine at the level of laws and regulations enshrines elements of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, but overall their administrative and legal status is regulated in some fragments, which requires improvement of Ukrainian legislation. research area and is an additional argument for the creation of a single law enforcement agency the Bureau of Economic Security of Ukraine.

scholarly journals Issues of Improving the Provisions of the Current Law of Ukraine Regarding the Prevention of the Origin and Spread of COVID-19 Coronavirus Disease

2020 ◽  
Vol 77 (2) ◽  
pp. 147-155
Author(s):  
К. Л. Бугайчук
Keyword(s):  
Health Care ◽  
Legal Status ◽  
Well Being ◽  
The State ◽  
Service Improvement ◽  
State Agencies ◽  
Current State ◽  
The Government ◽  
Administrative Proceedings ◽  
National Police

The author has studied the current state of the regulatory base on the prevention of the occurrence and spread of the COVID-19coronavirus disease in Ukraine and the practice of its application by authorized entities for the implementation of state policy in the field of health care and the protection of the rights and freedoms of citizens. The system of public administration in the field of ensuring the sanitary and epidemiological well-being of the population has been analyzed. The features of the distribution of powers of state agencies in this area after the liquidation of the State Sanitary and Epidemiological Service of Ukraine have been researched. The author concludes that the existing system of state agencies that carry out sanitary and epidemiological control in Ukraine requires further improvement by adopting a decree of the Government of Ukraine on the functioning of the State Sanitary and Epidemiological Service. The author of the article has also identified gaps in the current legislation of Ukraine on administrative offenses, which regulates the procedure for holding accountable for violation of sanitary and anti-epidemic rules. These shortcomings primarily relate to the content of the Code of Ukraine on Administrative Offenses, which contains the names of non-existent state agencies or their officials, the provisions of repealed laws or other by-laws. Based on the analysis of the laws of Ukraine and government decrees on the implementation of sanitary and anti-epidemiological measures, the author has formulated propositions aimed at regulating the legal status of the State Sanitary and Epidemiological Service; improvement of administrative proceedings in the field of health care and violation of quarantine rules; amending the list of agencies and officials authorized to consider cases of administrative offenses for the violation of sanitary rules; optimization of the mechanism of prosecution for failure to comply with legal orders of entities implementing the state sanitary and anti-epidemiological policy; expanding the list of powers of the National Police for the implementation of administrative detention, verification of documents and police custody within the sequestration.

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

The Costs of Regularization in Southeast Asia

Contexts ◽  
2021 ◽  
Vol 20 (1) ◽  
pp. 21-25
Author(s):  
Maryann Bylander
Keyword(s):  
Southeast Asia ◽  
Legal Status ◽  
Well Being ◽  
Global South ◽  
Southeast Asian ◽  
The State ◽  
Asian Context

In the Southeast Asian context, legal status is ambiguous; it enlarges some risks while lessening others. As is true in many contexts across the Global South, while documentation clearly serves the interest of the state by offering them greater control over migrant bodies, it is less clear that it serves the goals, needs, and well-being of migrants.

Sign in / Sign up

Export Citation Format

Share Document