ACTIVITIES OF THE MILITARY PROSECUTOR’S OFFICE IN THE CONDITIONS OF CHANGES IN LEGISLATION

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Justice ◽  
Law Enforcement Agency ◽  
Military Security ◽  
Military Law ◽  
The Military

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

scholarly journals The Militarization of Law Enforcement: Evidence from Latin America

2019 ◽  
pp. 1-20 ◽  
Author(s):  
Gustavo A. Flores-Macías ◽  
Jessica Zarkin
Keyword(s):  
Latin America ◽  
Law Enforcement ◽  
Armed Forces ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Police Reform ◽  
Political Consequences ◽  
Democratic Regimes ◽  
Military Law ◽  
The Military

What are the political consequences of militarizing law enforcement? Across the world, law enforcement has become increasingly militarized over the last three decades, with civilian police operating more like armed forces and soldiers replacing civilian police in law enforcement tasks. Scholarly, policy, and journalistic attention has mostly focused on the first type, but has neglected the study of three main areas toward which we seek to contribute: 1) the constabularization of the military—i.e., when the armed forces take on the responsibilities of civilian law enforcement agencies, 2) the extent to which this process has taken place outside of the United States, and 3) its political consequences. Toward this end, we unpack the concept of militarized law enforcement, develop theoretical expectations about its political consequences, take stock of militarization in Latin America, and evaluate whether expectations have played out in the region. We show that the distinction between civilian and military law enforcement typical of democratic regimes has been severely blurred in the region. Further, we argue that the constabularization of the military has had important consequences for the quality of democracy in the region by undermining citizen security, human rights, police reform, and the legal order.

scholarly journals The role of intellectual property in security defense capacity of the state.

2021 ◽  
pp. 42-68
Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat
Keyword(s):  
Intellectual Property ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Scientific Publications ◽  
Military Equipment ◽  
Military Security ◽  
The Military ◽  
State Modernization

Keywords: defense capability, intellectual property, regulatory support The conceptual issues of the legislation of Ukraine,which determine the state policy in the field of national security and defence, regardingthe settlement of issues related to ensuring the state defence capabilities are considered.The scientific publications on actual questions in this sphere concerningproblems and prospects of increase of defence capability of Ukraine are analysed.The role of intellectual property in all components of Ukraine's defence system hasbeen studied, and it has been noted that unresolved problems in the field of intellectualproperty management pose an increasing threat to Ukraine's national security.The importance of ensuring the protection of intellectual property in the process ofimplementing measures to improve the defence capabilities of the state and the needto improve legislation in this area is defined. Recommendations for improving the regulatory framework for national securityand defence in order to address the problematic issues of intellectual property in thisarea are submitted.State defence capability is the ability of state to defend itself in the event of armedaggression or armed conflict. It consists of material and immaterial elements and is aset of military, economic, social and moral and political potential in the field of defenceand appropriate conditions for its implementation.Resolving the issues of reforming not only the Armed Forces of Ukraine, but firstthe entire state, modernization and rearmament of the Ukrainian army has become avital necessity. Only the solution of this issue will allow to raise the defence capabilityof our state to the proper level for the preservation of independent Ukraine.Ensuring the military security of Ukraine largely depends on equipping the ArmedForces of Ukraine with modern types and models of weapons and military equipment,developed on the basis of intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make claims impossible for anyone in the mass productionof weapons and military equipment for their own needs and for exports, which directlyaffects defence capabilities.And this requires proper protection of intellectual property rights both in theprocess of own production of weapons and military equipment, as well as in militarytechnicalcooperation.

scholarly journals Security and defense sector of Ukraine in the mechanism of realization of the defense function of the state

2020 ◽  
pp. 78-82
Author(s):  
Viacheslav Alexandrov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
National Guard ◽  
Armed Forces ◽  
Civil Defense ◽  
The State ◽  
Industrial Complex ◽  
Law Enforcement Agencies ◽  
Security Forces ◽  
Defense Function

The article highlights the aspects of the Security and Defense Sector’s defense function. Based on the analysis of the legislationof Ukraine, the specifics of the normative regulation of the content of the category “defense”, as well as the diversity of doctrinal understandingof this category are highlighted. It is noted that the defense function of the state is realized, in fact, by all elements of the powermechanism. In this way, the state of readiness of the state “defense forces” necessary for the flow of armed aggression is achieved.Along with this, it was noted that within the framework of the state mechanism, it is expedient to single out those structures whosecompetence directly provides for the implementation of the defense function.The structure of the security and defense sector contains four components, which are differentiated according to their functionalpurpose and legal nature. In particular, these are: 1) security forces; 2) defense forces; 3) defense-industrial complex; 4) public associationsthat voluntarily participate in ensuring national security. It is also worth noting that the institutional components of Ukraine’ssecurity and defense sector belong to both the state apparatus and civil society institutions.The content of the categories “security forces” and “defense forces” is distinguished. Security forces are law enforcement andintelligence agencies, state bodies of special purpose with law enforcement functions, civil defense forces, as well as other bodiesentrusted by the Constitution and laws of Ukraine with functions to ensure the national security of Ukraine. In turn, the defense forcesinclude the Armed Forces of Ukraine, as well as other military formations, law enforcement agencies and intelligence agencies formedin accordance with the laws of Ukraine, as well as special purpose bodies with law enforcement functions, which are assigned by theConstitution and laws of Ukraine. The main institutional element of the Security and Defense Sector is the Armed Forces of Ukraine.It is the Armed Forces that protect the sovereignty of the state and territorial integrity, as well as ensure the inviolability of state borders.Emphasis is placed on the function of the National Guard of Ukraine and the State Border Guard Service of Ukraine as important componentsof the security and defense sector.It is noted that today the subordination of military institutions and law enforcement agencies to various ministries and authoritiesis a factor that may negatively affect their interaction in the process of performing the tasks provided by law. Therefore, we consider itexpedient for the President of Ukraine, as the Head of State and the Supreme Commander-in-Chief of the Armed Forces of Ukraine, toadopt a normative act on cooperation between the Security and Defense Sector in the process of armed defense of Ukraine’s territorialintegrity and state sovereignty.

scholarly journals Social role of the military sphere of national security

2021 ◽  
Vol 66 (4) ◽  
pp. 391-401
Author(s):  
V. A. Ksenofontov
Keyword(s):  
National Security ◽  
Social System ◽  
Social Role ◽  
Political Stability ◽  
Armed Forces ◽  
Positive Influence ◽  
The State ◽  
The Social ◽  
Military Security ◽  
The Military

The article deals with the socio-philosophical aspects of the functioning of the military sphere of national security of the Belarusian state. With the increase of military violence in the world, the task of preserving and developing the state becomes a priority. The military sphere of national security ensures the creation of safe conditions in the military space for the life and development of a person, community and the state itself and is a factor of stable development of the social system. Taking into consideration the historical development the stabilizing effect of the armed forces on the state and society has been described. With the training of the form of prospective war, the tasks of the military organization of the state, the core of which are the armed forces are clearly defined in our country. The positive influence of the armed forces on the development of society is shown. The basis for achieving security goals is military activity, which is a synthetic phenomenon and takes place in all spheres of community life. It is emphasized that the implementation of the military security subsystem task is the living conditions of the entire social system. External attention is drawn to the formulation of the goals of military policy as an essential factor in maintaining socio-political stability. The primary task of the military sphere of the national security of Belarus is to ensure comprehensive and encouraging efficiency at all levels of the social system. The article demonstrates the need to analyze the technologies of warfare, improve analytical and experimental support for the development of the military sphere, which can withstand the challenges and threaten the XXI century. It is concluded that the military sphere of national security and its armed forces is an important factor not only in the strategic deterrence of aggression, but also in the socio-economic development of the community, increasing its vitality and stability.

scholarly journals CONCEPT AND CONTENT OF MILITARY SECURITY OF UKRAINE IN THE LIGHT OF MODERN CHALLENGES AND THREATS

2018 ◽  
pp. 33-47
Author(s):  
Y. Lutsenko
Keyword(s):  
National Security ◽  
Social Relations ◽  
The State ◽  
European Continent ◽  
Scientific Analysis ◽  
Military Security ◽  
Social Environmental ◽  
State Defense ◽  
Political Economic ◽  
The Military

The article provides a scientific analysis of the problems that exist in the sphere of national security of Ukraine. The problems in the sphere of state security of Ukraine are investigated, the concept and content of military security of Ukraine are considered in the light of modern challenges and threats. Attention is drawn to the fact that in the presence of military security, many tasks can be solved to ensure national security and create the necessary conditions for the stable development of political, economic, social, environmental, spiritual, intellectual, demographic fundamentals of society's life. The work emphasizes that military security can not be achieved only through the organization of state defense, and is a complex category, which is closely connected with many spheres of social relations and life of the state. It is noted that military security is the foundation of national security, the basis of the country's independence. In connection with this, the military security of Ukraine as one of the priority (basic) types of national security of the state can not be considered separately from the development of political, economic, social processes both on the European continent and around the world, and some features of the geopolitical situation In many cases, the directions and tasks of Ukraine's foreign policy are determined near its borders.

scholarly journals To the Question on the Nature of Military Threats and Non-Military Responses

2015 ◽  
pp. 133-142
Author(s):  
S. R. Tsyrendorzhjyev
Keyword(s):  
National Security ◽  
The State ◽  
Theory And Practice ◽  
Structural Elements ◽  
Common Task ◽  
Military Security ◽  
Definition Of ◽  
The Individual ◽  
The Military

The notion of "military danger, military threats, military and non-military measures to Parry, and other definitions from the policy of the State to ensure the military security of the now widely used in journalism, conceptual, other documents and research. The attentive reader it is not difficult to notice the ambiguity in the interpretation of these concepts. This makes it difficult to not only the perception of the relevant topics for ensuring military security publications, but also the development of the theory and practice of ensuring the defence and security of the State. The author's view on the essence of the reasoning logic of non-military measures to counter military threats, as the ultimate goal of the article is the following.First the task of analyzing the concept of "national security", "object of national security" and understand the functions of the State, society and the individual to ensure national security. Decomposition of an object of national security, which is "national property" (the content of the concepts described in the article) has made it possible to substantiate the basis for classification of national security threats and with better understanding of the nature, variety, Genesis. This provided a rationale for the role and the place of the tasks ensuring military security in the common task of ensuring national security, the correlation of military and non-military threats.The final phase of the research, the results of which are set out in the article is devoted to analysis of military threats, which made it possible to identify their main structural elements: source, media, military-political and strategic nature, install the main factors defining the content of these elements and their interaction. Based on these results, the proposed definition of the essence of non-military measures for counteracting of military threats, as well as guidelines for developing these measures.

scholarly journals SODELOVANJE SLOVENSKE VOJSKE IN POLICIJE PRI NALOGAH NOTRANJE STABILNOSTI IN VARNOSTI REPUBLIKE SLOVENIJE

2020 ◽  
pp. 67-83
Author(s):  
GREGOR POTOČNIK
Keyword(s):  
National Security ◽  
Key Words ◽  
Synergistic Effects ◽  
Armed Forces ◽  
The State ◽  
Security System ◽  
Internal Stability ◽  
Internal Security ◽  
The People ◽  
The Military

Povzetek Grožnje nacionalni varnosti se preoblikujejo zelo hitro. Prebivalci države pričakujejo, da se bo nacionalnovarnostni sistem učinkovito in uspešno odzval na te grožnje. Izvedbeno se lahko nacionalnovarnostni sistem države odzove samo tako, da v sistem zagotavljanja nacionalne varnosti vključi vse svoje vire v upanju sinergičnih učinkov. Uporaba oboroženih sil za zagotavljanje notranje varnosti je bila izredna naloga oboroženih sil. Obramba oziroma obrambna sposobnost vojske, ki se izvaja v notranjosti države za notranjo stabilnost in varnost države ob zakonskih in primarno konceptualno določenih nalogah vojske in policije, predstavlja zakonodajni in operacionalizacijski izziv države. Ključne besede Slovenska vojska, Policija, izredna pooblastila vojske, operacionalizacija. Abstract Nowadays, threats to national security are transforming extremely rapidly. The people of a country expect the national security system to respond effectively and successfully to these threats. Implementation-wise, a country's national security system can only respond by including all its resources in the national security system hoping to achieve synergistic effects. The use of the armed forces to ensure internal security was an extraordinary task of the armed forces. The defence and the defence capacity of the military, which are in addition to the legal and primarily conceptually determined tasks of the military and the police aimed at ensuring internal stability and national security in the interior of the country, represent a legislative and operational challenge of the state. Key words Slovenian Armed Forces, Police, extraordinary powers of the army, operationalization.

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.

Потенциал военной безопасности государства: сущность, структура и особенности

2021 ◽  
pp. 54-63
Author(s):  
Artak Harutyunyan
Keyword(s):  
National Security ◽  
Internal Structure ◽  
The State ◽  
Political Elite ◽  
Political Analysis ◽  
State And Society ◽  
Military Security ◽  
Scientific Technical ◽  
The Military ◽  
The Relationship

This article deals with the military security potential of the state, its components, which, as you know, are not of constant value. They are changed depending on the stage of the development of a society, its potential, the nature of the existing regime, the maturity of the ruling political elite, and many other conditions. The aim of this study is to carry out a philosophical-political analysis of the military security of the state and its systems. In accordance with the aim of the study the following objectives are set: - to define the essence of the concept of «military security of the state» as one of the specific types of national security; - to consider the essence and content military security potential of the state; - to characterize the relationship between the essence of the terms «national» and «military» potential. Military security presents an integral interconnection of economic, social, political, scientific-technical, spiritual and just military capabilities, which differ from each other in their quality and internal structure. The allocation of these potentials forming in interaction an integral potential of military security allows directing the process of its development to turn the potential abilities of the state and society into an active factor that meets the requirements for the military security.

ORGANIZATIONAL AND FUNCTIONAL PROBLEMS OF THE STATE BUREAU OF INVESTIGATION AND WAYS OF THEIR SOLUTION

2017 ◽  
Author(s):  
Olexandr Berezhnyi ◽  
◽  
Bogdan Klimchuk ◽  
Arthur Litvinenko ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Law Enforcement Agencies ◽  
Stable Law ◽  
Functional Aspects ◽  
Law Enforcement Agency ◽  
History Of ◽  
The Law ◽  
Article 5 ◽  
Functional Problems

The article examines the organizational and functional problems of the State Bureau of Investigation and suggests ways to solve them. The article analyzes the works of scientists who are devoted to the analysis of the law enforcement system of Ukraine. The paper also proposes the structure of a new law enforcement agency. The paper provides a comparative analysis of the structure and functions of the State Bureau of Investigation with other bodies of pre-trial investigation and operational-search activities of Ukraine. The experience of creation and functioning of similar law enforcement agencies in other countries of the world is considered. Attention is focused on the history of the implementation of a specialized law enforcement agency. The article proposes to improve the subject and subject jurisdiction of the State Bureau of Investigation. The author has formulated his own vision of solving the problems of the organization and functioning of the State Bureau of Investigation, taking into account international experience in organizing such law enforcement agencies and on the basis of constitutional principles according to which other pre-trial investigation bodies operate. It is proposed to amend the provisions of clause 1 of part 1 of article 5 of the Law of Ukraine "On the State Bureau of Investigation" so that those crimes that are committed by officials directly during the performance of their official duties are under investigation and it is concluded that the following improvement of the organizational and functional aspects of the activities of the State Bureau investigations based on the principles of legality, fairness, reasonableness and the rule of law will guarantee a stable law enforcement system, and hence a stable investment climate and a stable economic situation in the country.

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