Problems of realization of the principles of equality and competitiveness in the criminal process: possibility of their solution by implementation of the private detective institute in Ukraine

Introduction. The work considers the problem of implementation of private detective institute in the context of realization of the principles of equality and competitiveness in the criminal process. At present the relevancy of this institute is proved by numerous attempts of the Verkhovna Rada of Ukraine to adopt a relevant law. As scientists note, the current version of Draft Law contains a large number of shortcomings. At the same time, in Ukraine the problem of compliance of the provisions of the Code of the Criminal Process with the principles of equality and competitiveness in criminal proceedings remains controversial. Scientists have repeatedly studied this issue and suggested ways to solve them, but the corresponding changes have not yet been implemented. Such a solution is necessary to ensure respect for human rights, so it is important to consider the possibility of solving problems related to the implementation of the principles of equality and competitiveness through the introduction of the institution of private detective in Ukraine. The purpose of the paper is to examine the legal nature of the principles of equality and competitiveness in criminal proceedings, their interrelation, implementation problems, as well as the possibility of solving problems of implementation of these principles by introducing the institution of private detective in Ukraine. Results. Authors made an analysis of legislation, doctrine and international practice. It proved the importance of implementation of the institute of private detective. However, current Draft Law are not perfect and complete and cannot provide the improvement of realization of principles of equality and competitiveness in criminal proceedings. Conclusion. The position of Ukrainian criminal procedure law on compliance with principles of equality and competitiveness is not complete, as the defense has fewer opportunities to gather evidence than the prosecution represented by public authorities. To improve the situation with the principles of equality and competition, it is recommended to consider the introduction of the private detective institute in Ukraine. To do this, it is necessary to provide proper legislation in order for this institution to improve the situation in compliance with these principles.

НАРАТИВНІ СТРАТЕГІЇ В РОМАНІ ІЛЛАРІОНА ПАВЛЮКА БІЛИЙ ПОПІЛ

The article is devoted to the analysis of narrative strategies in the debut novel of Illarion Pavliuk White Ashes. Taking into consideration the author’s intention and tracking the influence of the textual indicia on the recipient, the article aims to find out how the narration is organized and what artistic effects the author was trying to achieve. The features of retrodetective and noir as “adrenaline” genres present in the novel are analyzed. The cinematic qualities of the work as a result of the author’s intention is marked. The leading narrative strategy used in the novel, the intertextuality, is highlighted, in particular, the intertextual interaction with the story of M. Hohol Vii, and the influence of intertextems on the reader’s interpretation of the text. The phenomenon of unreliable narration is considered on the basis of the selected material and it is proved that the homodiegetic narrator, private detective Taras Bilyi, is unreliable. The strategy of using prolepsis and provoking the reader’s hesitation which is realized through the formation of doubts about the nature of the artistic convention of the events described, is also examined.

Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

Security in Company Management

To neutralize the danger associated with business management there is a special security service in the management system of successful companies the structure of which depends on the nature and scale of the business. A medium-sized security service consists of four structural divisions: 1. Security; 2. Operative; 3. Analytical; 4. Technical. In each, depending on the specifics of the activity , up to 1 or 10 employees can be employed. Every business has its general and specific challenges. The main challenge still comes from direct competitors. Rivalry often transcends civilized boundaries and escalates into physical or other confrontation, especially if there is a new "player" in the segment. In the advanced countries of the West, in addition to state security institutions, there are private detective and detective organizations, news agencies, studying scientific and consulting centers, which provide various services on a fee-for-service basis. Coordination of state law enforcement agencies and private security structures is sophisticated. There is created a special body, if necessary and it harmonizes their activities. It would be nice to transfer this practice to Georgian conditions.

‘Nothing is what it seems’: Posthumanism and late capitalism in Altered Carbon

This article explores how class politics are interpreted within Altered Carbon, the 2018 television series based on the 2002 book of the same name by Richard K. Morgan. The series follows Takeshi Kovacs, a soldier turned rebel turned private detective, as he awakens after 250 years in stasis. Like all humans in this fictional world, Kovacs’s existence, or essence, has been compressed into a small disk known as a cortical stack. Altered Carbon does not present a liberated or democratic future, instead, it demarcates how our posthuman fantasies can mimic, or fully embody, the class politics we see today in our late-capitalist society. Altered Carbon asks us to consider where the boundaries of the self and the body truly lie and how those boundaries, or lack thereof, are open for exploitation by those with financial means. We must critique how posthumanism has, or has not, taken up class. I believe this issue is most salient when we consider how class mediates our past, present and potential futures. I analyse the cortical stack itself as a posthumanist interpretation of Cartesian dualism and how that mind and body divide is central to maintaining capitalism through the alienation of the worker. Altered Carbon asks us to consider what happens when one’s flesh and one’s identity in and of itself become transferable and never truly one’s own.

Touch of Evil

If Touch of Evil (1958) touches on what the director, commenting on the film, calls the “abuse of police power,” this Orson Welles picture is especially pertinent in the context of the ’50s “bad cop” film, since despite the fact that it’s dominated by his performance as corrupt police captain Hank Quinlan, Touch of Evil is not customarily thought of as a rogue cop movie. Just as, say, Hitchcock’s Vertigo (1958) has transcended its generic status as a private-detective film, so too Touch of Evil--thanks to its extraordinary formal ingenuity and expressionist rhetoric as well as its investigation of the politics of race and sexuality, the law and the border--has long since transcended its origins in Whit Masterson’s pulp fiction, Badge of Evil (1956). Welles’s picture nevertheless remains a product of a particular cultural-historical moment in which it signifies, according to Jonathan Munby, the “end of the line” of gangster noir, as well as the “passing of two distinctive crime types”: “the femme fatale,” Tanya, and the “morally ambivalent rogue cop,” Hank Quinlan.

Foreign experience in professional development of private detectives

The objective of the article is to analyze international experience in the professional development of private detectives, in order to implement some positive aspects in Ukrainian law. The methodological basis of the research was articulated in a set of general and special scientific methods of scientific knowledge, a saber: historical comparative method and legal method, dialectic, induction method, comparative and legal method, formal and legal method. Based on the analysis of international experience, the education problems of private detectives, as well as those that recycling and advanced training features, whose study is necessary for the full development of the institution of the activity of private detectives in Ukraine, reveals the revelation of modern services for the training of private detectives in Ukraine. In the conclusions, the authors pay special attention to specialists in the activity of private detectives in several countries, where private detectives have a wide range of opportunities and their activity is actually compared to the activity of law enforcement. Finally, the requirements are proposed for candidates for the position of private detective, as well as for the program of their training.