Activity Of Law Enforcement Bodies Research Articles

The Impact of Martial Law on Law Enforcement and Law Enforcement Authorities: The Study of National and International Experience

"The full-scale invasion of Russia into Ukraine on February 24, 2022, turned the usual life of Ukrainians upside down. Although the war in the country has been going on for almost 10 years, martial law has affected the state apparatus, including law enforcement authorities. The purpose of the academic paper is to characterize the impact of martial law on law enforcement and law enforcement authorities in the context of domestic and foreign experience. The activities of law enforcement authorities in Ukraine are aimed primarily at protecting society and the state in conditions of martial law, as well as at investigating crimes committed by Russia against the Ukrainian people. The invaluable exchange of experience with foreign colleagues has already yielded tangible results, contributing to coordinated and fruitful work for the benefit of society. The activities of law enforcement bodies have changed under martial law. The existing responsibilities have been supplemented by new ones defined by the relevant regulatory acts. Law enforcement authorities continue to effectively fulfill their tasks, including in places where active hostilities are taking place, bringing victory closer step by step. An issue of imposition of martial law has been covered in the academic paper. The features of the impact of martial law on law enforcement, including changes in legislation, have been characterized. The peculiarities of pre-trial investigation and court proceedings under martial law, including investigation of war crimes, crimes against humanity and acts of genocide, prosecution for collaboration, and protection of human rights have been considered. The issues of detection of sabotage and reconnaissance groups, organization of checkpoints’ activities, and evacuation of civilians have been separately identified. The analysis of the international legal experience of law enforcement authorities in the conditions of a full-scale war has been conducted."

Law enforcement functions of the state under the conditions of the state of martial

In order to clarify law enforcement functions, the article analyzes the provisions of the Constitution of Ukraine, Laws of Ukraine: «On National Security of Ukraine», «On the Legal Regime of Martial Law», «On the Defense of Ukraine», «On Military-Civil Administrations», Decree of the President of Ukraine. About the Comprehensive strategic plan for the reform of law enforcement agencies as part of the security and defense sector of Ukraine for 2023-2027 and scientific opinions, the category «law enforcement function of the state» was investigated. It was established that in the Ukrainian state there is a significant number of law enforcement agencies, as well as other state agencies, which, in addition to the performance of the main tasks, are entrusted with the performance of individual law enforcement functions. Attention is drawn to the fact that legislative acts in general do not provide a final idea of which bodies should be considered law enforcement. Attention is drawn to the fact that after February 24, 2022, Ukraine was subjected to full-scale military aggression by the Russian Federation, as a result of which a martial law regime was introduced in the country, which provides for a special legal regime and which limited the constitutional rights and freedoms of citizens, and the law enforcement functions of the state, its law enforcement officers bodies was significantly expanded in order to ensure national security, territorial integrity of the state. It was established that under the influence of an external factor, namely military aggression, the law enforcement internal function of the state underwent significant changes, which in turn affected the activities of all state bodies, including law enforcement agencies. The conclusions emphasize that the lack of a normative definition of the system of law enforcement bodies affects the implementation of law enforcement functions, inhibits the activity of law enforcement bodies, which in general negatively affects the law enforcement function of the state, and therefore the state needs to define the system of law enforcement bodies, which in general will have a positive effect on the implementation of law enforcement functions of the state. A theoretical definition of the concept of «law enforcement function of the state» is given.

Principles of activity of law enforcement bodies

Based on the research of scientific opinions, the new administrative-legal doctrine, the analysis of domestic and international legislation, the article examines the key fundamentals of administrative-legal support for the activities of law enforcement agencies. Considering the fact that domestic law enforcement agencies and their officials have constant relations with citizens in their activities, it is emphasized that modern principles of administrative law should play an important role in these relations, which is the purpose of the work. The methodological basis of the work is the provisions of the modern theory of scientific knowledge of legal and social phenomena. In the course of writing the article, general philosophical, general scientific, logical and special legal methods of scientific knowledge were used. The main international principles and standards that determine the content of the activities of law enforcement agencies in international agreements ratified by Ukraine are highlighted. Based on the analysis of the legislation, the modern principles of the National Police, as one of the leading law enforcement agencies of the state, are considered. An important place is given to the characteristics of foreign legal acts aimed at ensuring and protecting the rights of citizens by law enforcement officials. For this purpose, international legal acts, which are one of the main sources of legal regulation of relations arising in the activities of law enforcement agencies, were analyzed. They establish the norms and principles of behavior of an official of a law enforcement agency for the performance of professional activities in relations with citizens and the rules of conduct binding on them in specific conditions of law enforcement activity. The need to introduce special principles of administrative law into the activities of law enforcement agencies is substantiated. On this basis, the following special principles have been researched, substantiated in detail and recommended: the principle of ensuring trust; the principle of ensuring human rights; the principle of providing access to information technologies; the principle of ensuring the confidentiality of information. These principles correspond to the domestic administrative-legal doctrine, international standards and principles, legal relations of officials of law enforcement agencies, which can be an important direction of the new administrative-legal doctrine of law- enforcement agencies.

International standards of observance of the rights and freedoms of citizens in the activities of law enforcement bodies of Ukraine

The article is devoted to the study of compliance with international standards of human and citizen rights and freedoms by law enforcement agencies and their officials. For this purpose, an analysis of foreign legal acts, in particular, such as the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, ratified by Ukraine, the European Convention for the Protection of Human Rights and Fundamental Freedoms, domestic legislation and scientific opinions, was carried out. It was emphasized that the Universal Declaration of Human Rights defines international standards for observing the rights and freedoms of citizens and is directly related to the activities of law enforcement agencies. It is emphasized that the implementation of the constituent function requires law enforcement agencies to ensure compliance with the rights and freedoms of citizens during the performance of their daily tasks. In order to clarify the regulatory support in the field of observance of the rights and freedoms of citizens, special legislative acts regulating the activities of: the National Police, the Security Service, the State Border Guard Service, the State Criminal Enforcement Service, the Bureau of Economic Security, the State Guard, the Military Law and Order Service were analyzed, of the State Bureau of Investigation, which the author attributes to the law enforcement agencies of the state. It was established that the legislative acts regulating the activities of the Security Service, the Bureau of Economic Security, the State Guard, the Military Service of Law and Order, the State Bureau of Investigation, prescribe only fragmentary observance of human rights and freedoms by the employees of these bodies and services in the performance of their official duties, which is a shortcoming of the specified normative acts, and as a result, negatively affects the activities of law enforcement agencies in their relations with citizens, compliance by officials with international standards of law enforcement activities, which establish the rules and principles of correct and appropriate behavior of law enforcement officers during the performance of their official duties, defined by normative legal acts duties, including under martial law. However, despite the martial law regime, ensuring the observance of the rights and freedoms of citizens by law enforcement agencies, along with other functions, should become one of the main tasks of these agencies.

Corruption as a crucial factor of human rights' violations

Corruption is a negative phenomenon present in several spheres of social life of the Republic of Moldova. Accor-ding to the statistical data presented by the National Anticorruption Center, the most affected areas include the activity of law enforcement bodies, central and local public bodies, as well as the sphere of education and public health. The systematic presence of acts of corruption directly affects respect for fundamental human rights, such as free access to justice, the right to health protection and the right to education. In this study we analyze the status of the subjects, who commit acts of corruption, the institution, in which this phenomenon is present, the citizens’ perception of the impact of acts of corruption on the respect for human rights. The purpose of the research is to establish the impact of the corruption on the respect for human rights in the Republic of Moldova, by analyzing the statistical data presented by the National Anticorruption Center, the Ombudsman Office, and the NGO.

ENSURING JUSTICE AND THE RULE OF LAW IN UZBEKISTAN: IN THE CONTEXT OF JUDICIAL AND LEGAL REFORMS

In the Republic of Uzbekistan, significant results have been achieved in recent years within the framework of judicial and legal reforms, which have affected all spheres. As indicated by the President of the Republic of Uzbekistan Sh.Mirziyoyev “over the last years we have accomplished a profound work to establish justice in the judicial system and the activities of law enforcement bodies”. The main purpose of these reforms is to ensure the priority of individual rights, the rule of law in the activities of courts and law enforcement agencies.

The presumption of innocence in the system of legal presumptions

The essence of the presumption of innocence does not consist in the fact that the accused, as a rule, is innocent, but it assumes that as long as we do not have a definitive sentence of conviction, there is no legally guilty person of committing the crime. The importance of this rule for the construction and democratic functioning of the criminal process, as well as for the defense of persons held criminally liable, is difficult to overestimate. The person’s guilt is not considered proven and he cannot be recognized as guilty of committing the crime and, respectively, subject to any restrictions on his rights, except for those related to the investigation of the criminal case, the grounds and order of application of which are strictly regulated by law. Introduction the presumption of innocence in the Code of Criminal Procedure as a general principle did not by itself remove all the deficiencies regarding the proper application of this principle in the practical activity of law enforcement bodies. This is not only due to the lack of desire of the participants in the process to comply with the rules derived from this principle, thus complicating the activity of research and discovery of crimes, but also due to reasons of improper perception, distorted of its essence. The correct understanding and interpretation of the essence and peculiarities of the presumption of innocence, the problems related to its application, is impossible without an incursion into the matter of legal presumptions and without determining the place of the presumption of innocence in their complex system.

Forming of Public Confidence in the Activities of Law Enforcement Bodies

The authors of the article, based on appealing to the works of home and Western researchers on the problems of studying the psychological foundations of confidence, considering the historical and legal aspects of the interaction and practice of the work of state authorities and public organizations with law enforcement bodies at various stages of national history, propose a concept for analyzing the socio-psychological factors of forming confidence to law activities. The article defines the main directions and technologies of work on the formation of public confidence in the professional activities of employees of the Ministry of Internal Affairs of Russia, staff members and troops of the Federal Service of the National Guard Troops (Rosgvardia) under the condition of the intensification of the negative information and psychological impact of external and internal destructive forces on the personnel of these departments. conclusions are drawn on the need to renew approaches in management activities and increase the effectiveness of conducting activities in this sphere, the fulfillment of it will contribute to support internal political stability in the state, strengthening the rule of law and law and order, security of public safety of citizens.

Problematic aspects in the field of guaranteeing the observance of human rights and freedoms in the activities of the National Police of Ukraine while ensuring public safety

Problematic aspects in the field of guaranteeing the observance of human rights and freedoms in the activities of the National Police of Ukraine while ensuring public safety have been analyzed. Two groups of problems faced by law enforcement officers are outlined – general and specific. It is proposed to develop and introduce into the curricula a special course «Concepts and reasons for the use of restrictive measures by law enforcement officers» at higher educational institutions with specific training conditions that train police officers. The conclusions indicate that during the exercise of their powers and the performance of assigned tasks in the field of ensuring public order and public safety, the employees of the units of the NPU are faced with separate problems, which can be divided into two groups – general and specific. In order to eliminate them, it is necessary to pay attention, first of all, to the constant study and verification of knowledge by the personnel of international standards of compliance with the rights and freedoms of man and citizen, the norms of the Constitution of Ukraine, current legislation, their professional duties, as well as to focus efforts on acquiring skills in their application to practice . To do this, it is necessary to develop and introduce into the curricula a special course « Concepts and reasons for the use of restrictive measures by law enforcement officers » in higher educational institutions with specific training conditions that train police officers, as well as separately emphasize this topic during the training of police officers in the system official training, while paying attention not only to theoretical knowledge, but also to the practice of its application – during tactical training, the application of practical skills of self-defense techniques, personal safety and physical impact, solving situational problems, considering positive and negative facts from the practical activities of law enforcement bodies, etc. It is also considered necessary to take measures for additional identification of the person who takes the tests using the information and telecommunication system « Information portal of the National Police of Ukraine » .

Analysis of the activities of law enforcement authorities in the field of combating crime and corruption offences

PurposeThe purpose of this study is to analyse the activities of law enforcement bodies in the field of combating crime and corruption offences.Design/methodology/approachIn modern conditions in Ukraine, effective cooperation between law enforcement bodies and authorities at all levels, as well as with partner organisations and agencies at the national, regional and international levels to effectively combat crimes related to organised crime and corruption is of particular importance. Improving the investigative and detective capacity of the criminal justice system, combined with efforts to intensify cooperation, contributes to a deeper understanding of the role of joint struggle in this area, thus helping to deter, detect, punish and prevent crime and corruption offences. They must be directly part of a sustainable, long-term and comprehensive strategy to reduce the scope for corruption and open the political and economic system to greater competition.FindingsThe results of this study allow substantiating that the Ukrainian leadership understands the seriousness of corruption and organised crime: the state takes decisive legislative measures based on international experience.Originality/valueThe obvious mechanisms for reducing the level of corruption and organised crime in Ukraine can be: implementation of measures to ensure business freedom; the formation of anti-corruption business strategies; introduction of special methods of anti-corruption education; approbation in Ukraine of positive normative legal acts and practices of law enforcement of preventive nature of the European Union for joint activity of law enforcement bodies and civil society in the field of combating crime and corruption offences.

О некоторых проблемах административного правонарушения (на примере Республики Саха (Якутия))

The article is devoted to the analysis of the problems of administrative violation, the effectiveness of crime prevention. The implementation of the manifestations indicated in the article is aimed at legal regulation and improvement of the activities of law enforcement bodies in the field of administrative jurisdiction.

On the legal status of cadets and attendees of road traffic safety protection courses during the traineeship

The research object is the system of social and legal relations in the field of road traffic safety protection. The research subject is the set of legal provisions regulating the administrative and legal status of cadets and attendees during all types of traineeship.   The purpose of the research is to analyze the normative base regulating the recruitment of students during the traineeship, and the legal status of students. The research methodology is based on the fundamental provisions of the theory of law; the generalization of practical experience; the usage of methods of logical, monographical and system analysis. The field of application of the research results: the law-making process of the government organizations, the law-enforcement activity of law-enforcement bodies; the educational process of educational institutions; the research work of road traffic safety protection specialists; the improvement of the branches of Russia’s legal system. The scientific novelty of the research is determined by the practical and scientific importance of the problems of law-enforcement activities of law-enforcement agencies in the field of road traffic safety protection, and by the necessity to improve the legal fundamentals regulating the powers of students during the traineeship. The author analyzes federal legislation, subordinate and sectoral laws to find out whether they describe the legal status of a student during the traineeship at road traffic safety units, or not. The author formulates the proposals about the improvement of the administrative and legal status of students of higher education institutions of the State Road Traffic Safety Authority in regard to specifying their rights and duties during the traineeship at the units of the State Road Traffic Safety Authority.   

About Activity Of Law-Enforcement Bodies On Preventive Maintenance Of Offences Among Earlier Offenders Of Persons

In article activity of law-enforcement bodies on preventive maintenance of offences among earlier offenders of persons is considered, the special attention is turned on essence of preventive measures spent by inspectors of preventive maintenance in the given sphere.

About Features Of The Mechanism Of Activity Of Law-Enforcement Bodies On Preventive Maintenance Of Offences Among Earlier Offenders Of Persons

In article questions of the mechanism of activity of law-enforcement bodies on preventive maintenance of offences among earlier offenders of persons are considered, the special attention is turned on the analysis of algorithm of preventive measures spent by inspectors of preventive maintenance in the given sphere.

Legal bases of activity of law enforcement bodies in the field of security in border areas of Ukraine

This article is intended for the theoretical foundations of the strategy of security in the border areas of Ukraine by law enforcement agencies. Law enforcement agencies are existing in society and the state institutions and organizations that perform law enforcement and law enforcement functions whose main task is to ensure security in the border areas of Ukraine. At the current stage of development of Ukraine as a democratic social and legal state, taking into account the recent global changes in the world, the development of law enforcement agencies to ensure national and internal security from internal and external threats is one of the priorities of European policy. The choice of the population of Ukraine highlighted the problem of implementation of ratified agreements with the European Union, including the provisions of the European Charter in the field of security in the border areas of the state, as important components of the political and legal system of Ukraine. Ensuring state security, protection of the state border and protection in the border area of Ukraine in accordance with the Constitution of Ukraine is entrusted to military formations and law enforcement agencies of the state. The state pays special attention to improving the legislation in the field of administrative and legal regulation in the field of national and internal security of the state from internal and external threats. The formation of the scientific doctrine of the scientific order in Ukraine has its own difficult history. Maintaining and strengthening the rule of law in society in modern conditions, as a necessary prerequisite for the effective functioning of an extensive human rights mechanism with the participation of state institutions, law enforcement agencies, civil society require thorough doctrinal support.

Centralization of administrative influence on the bodies of internal affairs of Ukraine

Problem setting. In the article the authors analyse the essence and legal nature of control and supervision activities of the internal affairs bodies of Ukraine. Emphasis is placed on fundamentally important aspects of control and supervisory powers of the Ministry of Internal Affairs of Ukraine, a parallel is drawn between their regulation in European countries. The necessity of strengthening the administrative influence on the activity of law enforcement bodies and their officials is substantiated. Target of research. The purpose of the study is determining the features of the legal status of bodies and their officials who are called to exercise administrative and supervisory powers in the system of internal affairs of Ukraine, outlining the possibilities of implementing legal norms in the system of national legislation. Analysis of recent researches and publications. Many foreign and domestic scholars, including Stalman J. I., Lovatcharin J., Kohei S., Simanuk A., Gorbova N. A., Parubchak I. O., Sopilnyk R. L. and others made a significant contribution to the study of the issue of administrative and supervisory powers in the system of internal affairs. The authors personally have studied some problematic aspects of the functioning of the mechanism of supervisory powers of public authorities in the field of political and territorial organization of the country at the international level. Article’s main body. The new model of building a law enforcement system, which is a consequence of the reform of internal affairs, requires the search for qualitatively new principles and methods in the field of public administration by law enforcement agencies. Today there are the following models of law enforcement system in foreign countries: centralized (model with a leading role of the Ministry of Internal Affairs, directive management style and clear vertical subordination of lower levels to central authorities; decentralized model (lack of a single national body, number of police forces, the predominant concentration of police control levers in the hands of regional authorities and local governments); semi-centralized model (provides for the presence of a ministry responsible for internal security, etc.). We agree with the views of scientists who emphasize the need for a combined police department, which combines the features of a centralized and decentralized management system. As for determining the administrative influence of the Ministry, the latter is implemented through such measures to ensure legality as supervision and control. There are several approaches to distinguishing these categories in the legal literature. The first group of researchers emphasizes the absence of a difference between control and supervision, arguing that supervision characterizes the presence of control powers, and hence identification. The legislator is also ambiguous in this aspect, because in some cases these concepts are identified. In turn, there are regulations where the disputed categories are the basis for the separation of powers between central executive bodies. Conclusions and prospects for the development. The introduction of a combined model of the law enforcement system will solve many personnel issues, as well as increase the efficiency of and public confidence in law enforcement agencies, create conditions for further decentralization of the law enforcement system. The experience of the Baltic states shows that in Ukraine, compared to others, the level of administrative influence of the Ministry of Internal Affairs on the controlled bodies is extremely low, which is reflected in the too narrow competence of the Central Executive Body. At the legislative level, the control and supervisory powers of state bodies are not sufficiently differentiated. These and other problems make it important to search for new models of administrative influence on the management of internal affairs in the country. An exemplary example of this can be the mental and ideological components of the Baltic countries.

Взаимодействие правоохранительных органов по обеспечению общественного порядка и безопасности на объектах транспортной инфраструктуры

The article is devoted to the issues of administrative and legal regulation of the activities of law enforcement bodies of the Russian Federation, aimed at ensuring public order and security at the facilities of the transport complex. This activity is one of the components of the national priorities of the Russian Federation, which is carried out by a wide range of subjects. Features of the activities of each law enforcement body are considered in the article.

ПОНЯТТЯ АНАЛІТИЧНОЇ РОЗВІДКИ У ДІЯЛЬНОСТІ ПРАВООХОРОННИХ ОРГАНІВ

The article under the headline the concept of analytical intelligence in the activities of law enforcement bodies speaks about analytical intelligence. It deals with the global problem of crime and the need to find new methods and models of activities of law enforcement authorities to prevent crime. The new model of activities of law enforcement authorities to prevent crime is Intelligence-led Policing (ILP). Intelligence-led policing: the cutting edge of modern law enforcement. It is a policing model built around the assessment and management of risk. Intelligence-led policing is not fully practised in Ukraine in the way it is in EU countries, but it does exist to a certain extent. Some units within the National Police of Ukraine operate according to some intelligence-led policing principles, but it is not yet part of the institutional culture of the police. It shifts the focus of policing from reactive to proactive and preventative, ensuring that crime fighters are “one step ahead” of criminals. Information comes to the police in various forms, but that information is useless on its own – it must be collated, analysed and disseminated. Intelligence-led policing really allows us to see the bigger picture, by identifying trends and patterns, by linking crimes, objects, persons, attributes, locations, and through criminal analysis. It was considered the approaches of scientists to the concept of analytical intelligence in the article. It was noticed that intelligence is used in the security and defense and security sectors of business entities. The analytical intelligence has its specific object of study, methodology, subject and circle of persons. The analytical intelligence is a process that involves planning and directing, collecting, evaluating, comparing, analyzing, distributing and re-evaluating information about suspects, criminals and their organizations. It influences decision-making in the field of combating and preventing crime. Successful implementation and application of new methods of criminal analysis are very useful for practice. The analytical intelligence is the basis of Intelligence-led Policing (ILP).

Aspects of the Legal Support of Preventing Torture in the Activities of Law Enforcement Bodies

The authors of the article have disclosed the specifics of criminal liability for committing torture in accordance with the current legislation of Kazakhstan. They have considered theoretical and legal aspects of the criminal protection of constitutional rights not to be a victim of torture, violence, other cruel or degrading treatment and punishment through the prism of international legal support for preventing torture in the activities of law enforcement bodies. The authors have defined the main criminal and criminological characteristics of the criminal offense provided for in Article 146 of the Criminal Code of Kazakhstan. Using the method of dialectical cognition and formal logical methods, the authors have taken certain steps to comprehend the phenomenon of torture, its social and legal characteristics in modern society and the law enforcement system of independent Kazakhstan. The authors have made an attempt to analyze the substantive and terminological essence of this negative phenomenon, conducted a comparative analysis of the criminal legislation of Kazakhstan and the main international laws in the field of protecting inalienable human and civil rights from torture and other cruel, inhuman or degrading treatment and punishment. In addition, this scientific article reveals some inconsistencies in the documents implemented by Kazakhstan and presents proposals for their elimination. The study results and conclusions drawn contribute to the theoretical enrichment and expansion of scientific ideas about torture as a crime, develop approaches and views forming the concept of preventing such criminal offenses and ensure the further development of scientific ideas in the field of criminal law and criminological support for preventing torture in the activities of police officers.

ANALYSIS OF THE CURRENT STATE OF SCIENTIFIC RESEARCH PROBLEMS OF OPERATIONAL AND EXPLORATORY DOCUMENTATION

The relevance of the article is that the Constitution of Ukraine stipulates that a person, his life and health, honor and dignity, inviolability and security are recognized in our state as the highest social value. The activity of law enforcement bodies and judicial authorities in the state is aimed at ensuring the implementation of this provision of the Basic Law of Ukraine. Protection of the rights and legitimate interests of individuals and legal entities is one of the tasks of criminal proceedings which is achieved through the implementation of others - by prompt and full disclosure of crimes, exposing the perpetrators and ensuring the proper application of the Law. The purpose of the article is to determine the current state of scientific developments of operational and investigative documentation in the process of combating crime by units of the National Police of Ukraine. The state of scientific development of problems of operative-search documentation by generalization and systematization of results of monographic works of domestic and foreign scientists, and also scientific researches on the researched subjects, stated in manuals, methodical recommendations, lectures and scientific articles of different historical periods is analyzed. For in-depth study of these issues, the chronological principle of presentation of the material was chosen, which provides an opportunity to highlight the defining ideas and views of the formation of modern operational and investigative documentation. It was found that today, in the legal literature and practice, along with the term "operational documentation" has become widespread concept of "operational and technical documentation" of criminal offenses, as these terms are used not only in forensic, operational and investigative, but also other aspects , where they have different meanings, although identical in meaning, which is the need to ensure compliance of the process of operational and technical documentation of criminal offenses with the requirements of applicable regulations governing the admissibility, procedure and conditions of its implementation. It is stated that the study indicates the need and relevance for modern theory and practice of ORD conducting at the monographic level of a comprehensive study of theoretical, legal and organizational and tactical principles of operational and investigative documentation in the fight against crime by the National Police of Ukraine.