Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

2020 ◽  
Vol 12 (1) ◽  
pp. 69-76
Author(s):  
Svіatoslav Senyk

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  

The conceptual aspects of ensuring the public safety and order during mass events in accordance with the implemented methodology of the National Police of Ukraine in the field of the realization of citizens’ rights to peaceful assembly have been analyzed in this article. The peculiarities of the organization of the activity of the police bodies and subunits within the limits of the joint performance of tasks concerning the maintenance of law and order have been defined. The main ways and methods of using police forces and means while preventing and stopping the offenses during peaceful assemblies have been analyzed for compliance with the national legislation. The authors have also compared some tactical methods used by the law enforcement agencies of Ukraine and those that are adopted from the European practice of policing and, accordingly, specified in the departmental regulations governing the relevant field of the professional duties. The statements, suggested in this scientific article, are based on the results of the interviews with the leadership of the National Police bodies and subunits that directly implement the tasks of the ensuring public safety and order during mass events and have been trained by the European Union Advisory Mission in Ukraine aiming to form a new model of securing the public order [1].


Author(s):  
Oleksandr Kobzar ◽  
Serhiy Tkachenko

The article analyzes the international experience of functioning of bodies and institutions ensuring observance of discipline and law and order in law enforcement bodies, the corresponding data are compared with functioning of inspections on personnel of department of personnel of National police of Ukraine and, on the basis of the received information. In different countries of the world, control bodies are called differently, and in the system of the National Police of Ukraine, there are several such bodies, one of which is the inspection of personnel, but, in turn, the author proposes to investigate the functioning of disciplinary bodies and legality in law enforcement agencies in the world, as this positive experience can make it possible to optimize the functioning of the institution in the national space. International experience of the relevant processes is characterized by various features that set out the essence and importance of discipline and legality in the activities of law enforcement agencies. The issue of using international experience in improving the functioning of institutions that ensure discipline and legality in law enforcement is one of the most important. From the proper functioning of law enforcement agencies, first of all, depends on the level of human and civil rights and freedoms in each state where they exist. Based on a survey of the concept of discipline and legality, as well as determining its importance in the law enforcement system, analyzing the international experience of ensuring discipline and legality by relevant bodies in law enforcement agencies, namely the police and identifying, based on analysis, the main methods of achieving appropriate bodies set goals, the authors identified the relevant conclusions.


Author(s):  
Ekaterina Nikolaevna Smirnova

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.


Author(s):  
Khomenko O

The article is devoted to an overview of the problems of the functions of law definitions and their variants. It is noted that the functions of law definitions in modern domestic and foreign scientific literature are usually explored through the prism of their legislative variety. The latter is due, among other things, to the fact that the use of the notion «function of law definitions» by some modern scholars is largely formal in nature, because the term «law» merges with the meaning of «legislative» or «positive law». While accepting in general that legal law definitions perform certain functions that are inherent in the whole system of legal definitions, yet they, like any other kind of legal definitions, perform certain specific functions that are not peculiar to others types of law definitions, in particular, doctrinal ones. In this context, it is first and foremost about the regulatory function of legal law definitions, which is one of the varieties of legal norms, in connection with which it is necessary to speak about the necessity or obligation to take it into account when taking legally significant actions. Although the content of a legal law definition does not include an indication of the respective rights and obligations of participants in certain legal relationships, it always contains specific features or circumstances (legal facts) that underlie a legal relationship. Turning to the group of general functions of law definitions, first of all, we note that the main functions within this group, in our opinion, are the following: cognitive (epistemological), modeling, ontological, cultural, communicative, cumulative and axiological functions. The above mentioned functions of law definitions are general or those that in one way or another appear within each of their varieties, in particular, legal (legislative), doctrinal and judicial, and, secondly, the list of general functions of law definitions is not exhaustive, given the complexity of the dynamic nature of modern law reality, the development of which provides the opportunity to talk about other common functions of law definitions (for example, ideological). In addition to general functions, law definitions also have some special functions that appear within their particular variety. In particular, legislative or legal definitions perform such special functions as constituent, regulatory, integrative, law enforcement, and others. Doctrinal law definitions are inherent, in particular, such special functions as prognostic, didactic, heuristic, methodological, etc. Judicial law definitions fulfill, in particular, such important special functions as interpretative, law-concretizing, regulatory-orientational, and so on. As a result of the research, the author draws the following conclusions: 1. The functions of law definitions as a whole phenomena are a sufficiently extensive system of main directions of their influence on public relations and their subjects (participants) in order to ensure socially useful reproduction of such relations within the defined law-and-order. 2. The functions of law definitions are the directions of their influence on the development of social relations in general and legal practice in particular, and in the case of their normative fixing – on the direct behavior and activities of persons in which their nature and purpose are manifested, as well as their role in ensuring a stable functioning law-and-order. 3. The general functions of law definitions, that is those, which in one way or another appear within each of their varieties, are primarily cognitive (epistemological), modeling, ontological, cultural, communicative, cumulative and axiological functions. Special functions of law definitions are manifested within their specific variety and are determined by the specifics of the nature of law science (doctrinal law definitions), positive law (legal law definitions), and law enforcement activities (judicial law definitions).


Author(s):  
Viktoriya Viktorovna Kalinkina

The subject of this research is a set of legal norms that regulate relations in the sphere of challenging of transactions of the debtor, as well as the law enforcement practice. The object of this research is the social relations that develop in the context of challenging of transactions of the debtor in bankruptcy case. The article discusses the problems faced by the arbitration and financial executives at the stage of claim preparation for challenging of transactions of the debtor, i.e. formation of evidence, as well as at the stage of execution of the corresponding court ruling. The purpose goal of this article lies in articulation of the problem, substantiation of the need for legislative regulation, and formulation of recommendation for the improvement of current legislation on the subject matter. The scientific novelty consists in addressed the issues that have not previously become the subject of separate research; as well as in the author’s conclusions and recommendations aimed at the improvement of the Federal Law No. 127-FZ of. October 26, 2002 “On Insolvency (Bankruptcy)” and other normative legal acts regulating this field. The acquired results can also be used in the Russian legal science for further elaboration on the issues related to the effectiveness of the mechanism for challenging of transactions of the debtor, and as well  as improvement of the current legislation of the Russian Federation and law enforcement practice that regulate this field.


2021 ◽  
pp. 85-90
Author(s):  
Mykola Golub

Problem setting. According to the information of the National Service of Ukraine for 2020, state bodies that counteract domestic violence recorded 211,353 appeals for cases of such offenses. This is four times more than in 2019 (225). Thus, 180921 appeals were received from women, 27676 from men and 2756 from children [1]. Also in 2020, 921 individuals were convicted of domestic violence in Ukraine. Analysis of recent research. Important issues regarding the problem of combating domestic violence were discussed by such scientists as: O. Bandurka, O. Bezpalova, A. blaga, A. Galai, V. Galay, O.Juzha, L. Kryzhna, O. Kostyr, Yu. Krupka, K. Levchenko, O. Litvinov, G. Moshak, M. Panov, S. Pronevich, Ya. Sotak, O.Sstarkov, etc. In the works of these scientists, a thorough analysis of the use of international experience, determination of effective directions and measures to prevent and counter domestic violence was carried out. Purpose and objectives of the study. The purpose of the study is to investigate and analyze the actions of the National Police of Ukraine, which are aimed at increasing the effectiveness of combating domestic violence, and explore the experience of EU law enforcement agencies in responding to domestic violence. Tasks of the research are: to provide proposals on the directions of effective response of the National Police of Ukraine to cases of domestic violence; to highlight the need for interaction of National Police units with other structures of executive authorities and local self-government. Scientific novelty of research. The study considers proposals to increase the efficiency of the National Police in combating domestic violence, as well as ways to implement them. The interaction of the National Police with local executive bodies and local self-government is considered. Article’s main body. The article considers the importance of prevention and counteraction to domestic violence, as well as the functioning of the National Police of Ukraine in this field of law enforcement, observance of human rights and freedoms, legal grounds for preventing domestic violence, both in Ukraine and in the EU. The provisions of the current legislation of Ukraine concerning the peculiarities of bringing to responsibility for committing domestic violence are analyzed. The need to strengthen responsibility for domestic violence is determined. The attention is focused on strengthening the legislative activity of the Verkhovna Rada of Ukraine on the adoption of new laws on the legal regulation of domestic violence. Conclusions. Based on the research, we express suggestions for improving the work of the National Police of Ukraine in combating domestic violence, in particular: (1) taking into account the experience of the mobile groups of the National Police in combating domestic violence in the Kharkiv region, to prepare and submit to the Department of the NPU proposals for improving regulatory documents on this area of work taking into account the experience of the police of European countries; (2) to take measures to ensure effective interaction of mobile teams of social and psychological assistance (Ministry of Social Policy of Ukraine) with mobile response groups (National Police of Ukraine), including: compatible visits to messages, exchange of information, joint coordination meetings, organization of classes for initial training, retraining and training of members of these groups ect.


Author(s):  
Björn Hessert

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


2021 ◽  
Author(s):  
Egor Bunov

The monograph contains a theoretical analysis of the social effectiveness of the internal affairs bodies as the degree of satisfaction of the population with the quality of law enforcement activities to protect their interests, rights and freedoms. The results of a multidimensional analysis of empirical studies of the influence of macro - and microsocial factors on the effectiveness of interaction between the population and law enforcement agencies are presented. The article substantiates the criteria for social assessment of the activities of the internal affairs bodies, the use of which allows for practical adjustment of the forms and methods of the management system. For a wide range of readers interested in the practice of applying legal measures of law enforcement.


Author(s):  
S.A. Styazhkina

The article deals with the issues of criminological characteristics of female crime, analyzes the data of official statistics. Special attention is paid to the analysis of the causes and conditions of female crime. The paper substantiates the need to study women's crime, study its causes and conditions. The peculiarities of women's crime are determined by the gender status and the role of women in modern society. In this regard, the article analyzes the social characteristics and psychological characteristics of women in modern Russia. Special attention is paid to the prevention of women's crime. It is proposed to develop a national program for the prevention of women's crime. The program should be comprehensive in nature, and also contain a system of interaction between various bodies and services in the prevention of women's crime, ranging from educational institutions to law enforcement agencies.


2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law


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