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 Protection of Victims in Estonia: A Survey Determining the Status Quo After Implementation of the Directive 2012/29/EU

2019 ◽  
Vol 2 (1) ◽  
pp. 47-65
Author(s):  
Anneli Soo ◽  
Kerly Espenberg
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Online Survey ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Face To Face ◽  
Legal Professionals ◽  
The Status ◽  
Law Enforcement Officials

An online survey was conducted in Estonia among 223 judges, prosecutors, police officers and victim support officers; 223 victims were interviewed via phone and 26 legal professionals (including lawyers) were interviewed face to face with an aim to determine the level of protection of victims after implementation of the Directive 2012/29/EU. The results reveal that victims lack knowledge about their rights although law enforcement agencies are, in general, convinced that they do a good job in this respect. Victims desire criminal proceedings in which they are respected, their opinion is heard and matters, and they are kept informed about developments of the case. The reality, however, does not meet their expectations. As law enforcement agencies are focused on determining guilt of a defendant, victims’ needs fall to the background. There seems to be a dichotomy between the expectations of law enforcement officials and those of the victims: While the latter awaits to be contacted and informed, the officials expect at least certain initiative from victims themselves. The idea that victims should be allowed to speak just to provide them with satisfaction and sense of fair proceedings is still somewhat strange for the authorities. When it comes to sentencing, some state officials believe that the opinions of a victim should not even be asked as determination of the punishment is court’s business. Victims’ opinions are much more readily heard in the conciliation proceedings, which are based on the ideas of restorative justice, but in which defendants’ needs seem to have been forgotten.

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 The Prosecutor as a Coordinator of the Law Enforcement Activities in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 21-25
Author(s):  
Anatoly Kruglikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
National Guard ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Law

Introduction: the paper analyzes some problems of coordinating the activities of the law enforcement agencies in the fight against crime, and the role of the prosecutor in this activity. The author notes that the achievement of significant positive results in the fight against crime is only possible with a clear coordination of the actions of the law enforcement agencies carried out in accordance with the law. These bodies are named in the Regulation on the coordination of the activities of law enforcement agencies in the fight against crime approved by Presidential Decree No. 567 of April 18, 1996, with the subsequent amendments by other Decrees of the President of the Russian Federation, the latest of which is Decree No. 640 of December 31, 2019. Such bodies are: the bodies of internal affairs of the Russian Federation, bodies of the Federal Security Service, troops of the National Guard of the Russian Federation, bodies of the criminal executive system of the Russian Federation, bodies of compulsory enforcement of the Russian Federation, customs bodies of the Russian Federation, investigative bodies of the Investigative Committee of the Russian Federation and some other bodies. In accordance with Part 1 of Article 8 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the activities of the law enforcement agencies to combat crime are coordinated by the Prosecutor General of the Russian Federation, the prosecutors of the subjects of the Russian Federation, cities, districts and other territorial prosecutors, as well as military and other specialized prosecutors equated to them. In accordance with the above-mentioned Provision, the objectives of coordination are to increase the efficiency of fight against crime by developing and implementing coordinated measures by these bodies for the timely detection, solving, suppression and prevention of crimes, eliminating the causes and conditions that contribute to their commission. When writing the work, various methods of scientific knowledge were used: systematicity, analysis, synthesis, the formal-legal one, etc. Results: the author considers the basic principles of coordination of the activities of the law enforcement agencies, its main directions and forms. Conclusions: the practice of coordinating the activities of the law enforcement agencies should be constantly analyzed to study the best practices in the prevention and detection of crimes, the protection of the rights and freedoms of citizens in criminal proceedings, and to take into account the essence of court decisions made based on the results of the reviewed activities.

scholarly journals The exchange of self-incriminating information of athletes between sports organisations and law enforcement

2021 ◽  
Author(s):  
Björn Hessert
Keyword(s):  
Law Enforcement ◽  
Role Model ◽  
Social Impact ◽  
Professional Sports ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
As Doping ◽  
The Social ◽  
Personal Consequences

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.

College Students Training Law Enforcement Officers: The Officer Charlie Get Fit Project

2021 ◽  
Vol 78 (2) ◽  
Author(s):  
Lawrence Judge ◽  
Tonya Skalon ◽  
Makenzie Schoeff ◽  
Shannon Powers ◽  
James Johnson ◽  
...  
Keyword(s):  
Blood Pressure ◽  
Law Enforcement ◽  
Service Learning ◽  
Learning Style ◽  
Police Officers ◽  
Community Partner ◽  
Fat Percentage ◽  
Law Enforcement Agencies ◽  
Data Collection And Analysis ◽  
Project Officer

While most law enforcement agencies recognize the importance of physical fitness for their officers and encourage them to maintain an adequate level of fitness, many find it difficult to implement a fitness program successfully. Prior studies and literature support the implementation of community-centered fitness initiatives. The purpose of this study was to (1) describe participant outcomes from the service- learning project Officer Charlie Get Fit Project and (2) delineate Kolb’s experiential learning model implemented by undergraduate kinesiology majors when applied in an exercise setting. Students were charged with working directly with police officers over an 8-week program with the goal of lowering health-risk factors for the participants. Additionally, the project provided an opportunity for students to assess their own learning style and infuse it in a real-world professional application. Participants included 16 police officers (M = 44.6, SD = 10.7 years of age) and one elected city administrative official. Paired sample t tests revealed nonsignificant differences between the pretest and posttest scores on the 10 fitness measures. Descriptive statistics revealed improvements in categories of body weight, BMI, waist circumference, hip circumference, resting heart rate, systolic blood pressure, diastolic blood pressure, sum of skinfolds, and overall body fat percentage. Participant exit interviews indicated positive qualitative results. The student reflection piece indicated that the frequent writing helped with (1) the myriad of planning and preparation issues, (2) selecting a community partner and recruiting participants, and (3) data collection and analysis. This study was an important assessment of immersive learning opportunities provided through classroom lecture and development of community partnerships.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals Юридизация области дисциплинарных отношений в рядах российской милиции (1917-1919 гг.)

2021 ◽  
Vol 70 (6) ◽  
pp. 90-93
Author(s):  
С.Ю. Чимаров ◽  
В.С. Бялт
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Law Enforcement Agencies

The article presents an analysis of the legal regulation of the disciplinary responsibility of Russian militia employees during the period of the change in government models from the tsarist era to the era of democratic transformations and the transition to the Soviet-style government regime. Focusing on the desire of the new government to strictly systematize the issues of disciplinary responsibility of domestic police officers in the specified period of time, the authors substantiate the need to strengthen the police ranks on the basis of disciplining the personnel of the updated law enforcement agencies.

scholarly journals TOPICAL ISSUES OF PROFESSIONAL AND PSYCHOLOGICAL SUITABILY IN THE SYSTEM OF THE MIA OF THE REPUBLIC OF TAJIKISTAN

2021 ◽  
pp. 211-218
Author(s):  
Somon Latifzoda
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Professional Training ◽  
Scientific Literature ◽  
Decisive Role ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Internal Affairs ◽  
The Republic ◽  
Psychological Diagnostics

This article discusses the main problems and issues of professional and psychological suitability in the system of the Ministry of Internal Affairs of the Republic of Tajikistan. The analysis of the existing scientific literature was carried out, and also the author's recommendations were formulated to improve the professional training and professional suitability of the employees of the Ministry of Internal Affairs. Along with the professional training of police officers, their psychological qualities also play a decisive role in ensuring efficiency in operational-search activities. The quality and effectiveness of the implementation of operational-search activities, then its level directly depends on the psychological characteristics of the operative and his professional training. It should be noted that scientifically grounded conclusions about the professional and psychological suitability of employees can only be achieved with the help of high-quality and correct psychological diagnostics, that is, using psychometric methods. The basis for the survey of professional and psychological suitability, the procedure, procedure, conditions and terms of the survey, cases of re-examination are determined by regulatory legal acts. Consequently, the research and scientifically grounded measures to determine professional suitability in the internal affairs bodies of the Republic of Tajikistan are relevant, and the scientifically grounded results obtained as a result of our research can be used to further improve the professional and psychological selection to the law enforcement agencies of the country.

Research on soils, stone products and rocks – selected cases of opinions issued by the Central Forensic Laboratory of the Police in Warsaw

2021 ◽  
Vol 311 ◽  
pp. 57-70
Author(s):  
Robert Bachliński ◽  
Keyword(s):  
Law Enforcement ◽  
Scientific Discipline ◽  
Soil Samples ◽  
Concrete Slabs ◽  
Chemistry Department ◽  
Agricultural Machinery ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies

Research on soils, stone products and rocks is part of a scientific discipline known as forensic geology. Among the police forensic laboratories, this type of studies are performed only at the Chemistry Department of the Central Forensic Laboratory of the Police (CFLP) in Warsaw and comprise approximately 2% of all opinions issued annually. Despite a relatively low workload in recent years, the interest of law enforcement agencies in the use of this type of analyses in the criminal proceedings is on the rise. This article presents three exemplary opinions issued in recent years at the CFLP. The first opinion relates to murder, whereby concrete slabs were used to commit the criminal act. The second is related to an agricultural machinery fire, whereby evidence included soil samples recovered at the scene and from the suspect’s clothing. The last opinion concerns the falsification of semi-finished products used for amber jewelry craftsmanship.

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