scholarly journals Law Enforcement Activity of the National Guard of Ukraine on Ensuring Public Security and Order: Problems and Ways of Their Solution

2019 ◽  
Vol 73 (2) ◽  
pp. 58-62
Author(s):  
К. О. Чишко
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
National Guard ◽  
Public Security ◽  
Law Enforcement Agencies ◽  
Organizational Issues ◽  
The Law ◽  
Single Standard ◽  
National Police ◽  
Enforcement Activity

The author has studied the content of normative and legal acts regulating public relations in the field of ensuring public security and order by the National Guard of Ukraine (NGU). The author has paid direct attention to theoretical bases of the concept of “public security” and “public order”. Relevant problems of ensuring public security and order by the NGU have been described; specific ways of eliminating legal and organizational problems of such provision have been suggested. It has been established that the problems of ensuring public security and order by the NGU have normative and legal and organizational nature. According to the author, the elimination of the described problems can be ensured by: the formation of a single standard for ensuring public security and order, in particular by means of a unified approach to assignment and, accordingly, implementation of measures in the field of ensuring public security and order (in the present circumstances, it is quite justified to consider the provisions of the Law of Ukraine “On the National Police” as the basis for the activities of law enforcement agencies in the field of keeping public security and order). The consequences should be the delineation of the NGU’s area of competence for ensuring public security and order, and eliminating contradictions between the laws of Ukraine “On the National Guard of Ukraine” and “On the National Police” and amending administrative and tort legislation and the Law of Ukraine “On the National Guard of Ukraine”. To address organizational issues, it is advisable to strengthen the legal training of the NGU military personnel, in particular in the field of administrative law and procedure, tactical and communicative training; to provide the necessary logistics, including the equipment of the NGU employees, with the means of external identification (badges indicating the special token number).

scholarly journals Perspectives for Using the Programmatic Approach within the Activities of Law Enforcement Agencies of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 170-178
Author(s):  
O. O. Khan
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
National Guard ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Emergency Situations ◽  
Course Of Action ◽  
State Of Research ◽  
Enforcement Activity ◽  
Investigative Activity

On the basis of the analysis of the state of research of algorithms and programming of investigative activity in criminalistics, the author has grounded the expediency of applying a programmatic approach to solving typical tactical problems in other areas of law enforcement activities. Theoretical prerequisites for the development of procedural action programs by law enforcement entities in Ukraine (criminal and procedural, operative and search, administrative and jurisdictional) have been determined. The necessity of intensifying scientific researches in the direction of development of branch concepts of tactics of different types of law enforcement activities and their constituent elements (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques and their situational predetermination) has been determined. In particular, the author has determined that the investigator is not the only possible subject of being armed with tactical recommendations in the form of algorithms and programs. The subject matter of the research of criminalistic tactics is not only investigative activity, but also operative and search, judicial and prosecutorial activity in criminal proceedings. Equally important is the tactical completion of administrative activities of law enforcement agencies and, on this basis, the establishment of programs of action by police officers, border guards, National Guard, customs service, etc. in exercising their administrative powers for the protection of public order and state border, actions in emergency situations, administrative cases, etc. The justification of the possibility of applying a programmatic approach within administrative activities of law enforcement agencies is the uniformity of administrative and jurisdictional, criminal and procedural activities, which are covered by a single concept of “law enforcement activity”. It has been established that the programmatic approach can be applied in any sphere of law enforcement activity, if: 1) such activity is situational in nature, and it is possible to perform the tasks arising during the implementation of this activity through consistent implementation of certain actions; 2) there is the need to streamline these activities by providing tactical recommendations in the modern form with the use of computer technologies and the ability to use them directly in the course of action, in “field conditions”; 3) the level of elaboration of theoretical bases of tactics of a specific type of law enforcement activity is sufficient (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques has been elaborated).

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

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

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

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.

scholarly journals Competences and Authority of the Corps of the Operative-Flash Action

2020 ◽  
Vol 9 (29) ◽  
pp. 156-162
Author(s):  
Volodymyr Hryhorovych Hrytsenko ◽  
Olesia Yanivna Tragniuk ◽  
Volodymyr Mykolaiovych Vasyliev ◽  
Lesia Ihorivna Myskiv
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Public Security ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Special Unit ◽  
The Right ◽  
High Level ◽  
National Police ◽  
Comprehensive Study

The purpose of the article is a comprehensive study of the competences and authority of the Corps of the Operative-Flash Action (KORD), as a special body implementing public security and order. The authors used the following methods of scientific knowledge when writing the article: formal logical; comparative analysis; systemic structural; formal legal; logical and normative. A comprehensive study of the competence and powers of KORD has been conducted in the article. It has been determined that the authority of this unit of the National Police of Ukraine are represented by a set of rights and obligations, and the competence includes its powers. The competence of this unit includes both rights and obligations fixed at the legislative level, and professional knowledge that a policeman must have at a high level and correctly apply it in his official activities. It has been argued that the KORD is provided with competence in order to consolidate the scope of the rights and powers of a police officer, which allows regulating the prohibition of going beyond its borders at the legislative level. The analysis of the existing regulatory framework and existing studies related to the competence of law enforcement agencies has been conducted. Three groups of rights of the KORD have been distinguished: 1) rights that directly contribute to the performance of official duties; 2) rights that have an indirect effect on the performance of the special unit employees’ duties; 3) the right to exercise constitutional rights and freedoms.

scholarly journals Strategic directions of modern policy in the sphere of legal provision of public safety

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 563-569
Author(s):  
Vadim Avdeevich Avdeev ◽  
Olga Anatolievna Avdeeva ◽  
Valentina Ivanovna Afanasyeva ◽  
Julija Nikolaevna Bogdanova ◽  
Karina Anatolievna Renglikh ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Energy Policy ◽  
International Crime ◽  
Legal Regulation ◽  
Public Security ◽  
State Control ◽  
Law Enforcement Agencies ◽  
Legal Provision ◽  
Special Services

The article analyzes the key problems of ensuring public security at the domestic and international levels associated with the modern energy policy which threatens the life and health of the planet's population.  The task of implementing measures aimed at legal regulation related to the prevention of international crime is being updated. Interaction between law enforcement agencies and special services and state control bodies of foreign states requires development. It is important to improve the system of measures for the prevention in crime, the development and use of special tools aimed at reducing the level of criminalization in public relations. Suppression and prevention of criminal and other unlawful acts in the field of energy assumes counteraction to such crimes including corruption, embezzlement and misuse of budgetary funds. The activity of foreign organizations and special services, suppressing extremist and terrorist crimes aimed at causing damage to objects and infrastructure of the fuel and energy complex, deserves activation.

scholarly journals Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

Environmental activity of law enforcement agenciesenvironmental activity of law enforcement agencies

2021 ◽  
Author(s):  
A.S. Blankov ◽  
O. B. Vinogradova ◽  
Orlova Y. R. Orlova Y. R.
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Natural Object ◽  
Law Enforcement Agencies ◽  
General Law ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Law ◽  
Environmental Activity

The article defines the legal nature of the environmental protection activities of law enforcement agencies. The bodies carrying out activities for the protection of the environment within the framework of the implementation of the law enforcement function are systematized according to their own functionality into four groups: the general law enforcement bodies (internal affairs of the Russian Federation); the law enforcement agencies that resolve issues related to encroachment on public relations in relation to a specific natural object (specialized agencies); the bodies implementing control and supervisory activities in this area (prosecutorial bodies of Russia); and, finally, the judicial authorities.

scholarly journals THE CONCEPT AND STRUCTURE OF THE IMPLEMENTATION OF PROSECUTOR's SUPERVISION OVER THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES

2021 ◽  
Vol 31 (4) ◽  
pp. 681-689
Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Implementation Process ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Individual ◽  
Supervisory Relations

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.

scholarly journals Aspects of Criminal Policy and Law Enforcement Science

2020 ◽  
Vol 20 (3) ◽  
pp. 37-53
Author(s):  
Béla Blaskó ◽  
Anikó Pallagi
Keyword(s):  
Law Enforcement ◽  
Criminal Policy ◽  
The State ◽  
Current Status ◽  
Public Security ◽  
The Law ◽  
Scientific System ◽  
The Relationship ◽  
Enforcement Activity

The authors examine the connection between law enforcement activities, law enforcement science and the scientific system of criminal policy, their mutual presumption and interaction. The law enforcement activities serve to uphold law, order and public security against unlawful human behaviours. The criminalisation of certain types of behaviour is a quasi fundamental resultant of law enforcement activity, which may provide criminal policy with a guideline by realising activities dangerous to society, or antisocial during its operation. In addition to the above, however, the relationship is multi-directional as the state receives information on the current status of crimes in the course of the completion of law enforcement tasks, and the quality of the completion of law enforcement tasks fundamentally influences the course of crimes.

scholarly journals KAJIAN HUKUM KEWENANGAN PENYELIDIKAN ANTARA KEPOLISIAN, KPK DALAM PEMBERANTASAN PIDANA KORUPSI DARI KELEMBAGAAN NEGARA

2020 ◽  
Vol 17 (1) ◽  
Author(s):  
Sumiaty Adelina Hutabarat
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
National Police ◽  
The Relationship

<p>There are two law enforcement agencies combating corruption, namely the Corruption Eradication Commission (KPK) and the Police, having the same authority, but in implementing authority there are differences, for example in the application of laws that govern the two institutions.The problem that becomes the study of this research is how the problem of the existence of the KPK as an institution to eradicate corruption has the authority regulated in RI Law No. 30 of 2002 concerning the Corruption Eradication Commission, whose authority lies with the Police regulated in RI Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia which refers to the Criminal Code The results of the study showed that the resolution of the dispute between the Police and the Corruption Eradication Commission in the investigation of corruption was carried out by coordinating the Corruption Eradication Commission and the Police in Corruption Criminal Investigations. Law number 30 of 2002 concerning the Corruption Eradication Commission regulates the relationship between the performance of the KPK and the Police regarding investigations, investigations and prosecutions.Settlement of authority disputes between the Police and the KPK should be the authority of the Supreme Court, due to judicial review under the Supreme Court Law. The right to test the law is the application of a balanced and balanced government. The Corruption Eradication Commission was formed by the Law 30/2002 whereas the Indonesian Police was formed by the 1945 Constitution, article 30 paragraph 4.</p><p><strong>Keywords : <em>Authority, investigation, KPK</em></strong></p><p><strong> </strong></p>

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