Domestic Law Enforcement Agencies Research Articles

Ways to improve administrative and legal ensuring the activities of law enforcement agencies of Ukraine

It is emphasized that domestic law enforcement agencies occupy a central place in the implementation of law enforcement activities. With the aim of researching the legal perspective ways of improving the administrative and legal support of the activities of law enforcement agencies, the author carried out an analysis of law enforcement activities, including the violation by law enforcement agencies and their officials of the rights and freedoms of people and citizens, the norms of current domestic and international legislation, as well as various circles scientists who in their writings explored the prospects for improving the activities of law enforcement agencies of Ukraine. It is emphasized that as a result of the military aggression of the Russian Federation against Ukraine, the introduction of the martial law regime and the associated socio-economic crisis, the unequal approach to the regulatory and legal regulation of the status and the organizational and legal support of the activities of law enforcement agencies, along with other factors, have a negative impact on protection of the rights and freedoms of citizens, the fight against crime and the security of the state, which in turn puts forward demands for ways to improve the activity of law enforcement agencies of Ukraine under the introduction of the martial law regime. Attention is drawn to the fact that many domestic jurists have researched the problematic issues of law enforcement agencies. The works of individual legal scientists who studied the activities of domestic and foreign law enforcement agencies and who proposed various ways to improve the activities of domestic law enforcement agencies are briefly presented. Based on the analysis of scientific works, it was established that the majority of scientists are concerned about the current state of law enforcement agencies and point to the need to build a model of a law enforcement agency system that would be able to ensure the rights and freedoms of people and citizens guaranteed by the Constitution and laws of Ukraine. It was concluded that the considered issues lead to the formation of an effective legal mechanism for improving the administrative and legal support of the activities of law enforcement agencies of Ukraine, and specific proposals for improving their activities are offered.

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.

The National Police in the system of administrative delinquency prevention subjects

The article notes that the introduction of martial law in Ukraine has changed the approach to the organisation of police work, since domestic law enforcement agencies have faced challenges previously unknown to science and practice, in particular, in the area of prevention of administrative delinquency among internally displaced persons, in the de-occupied territories, and in the context of hostilities, which required new algorithms and approaches, as well as consideration of the priorities and principles of activity.
 It is emphasised that in order to ensure the widest possible consideration of the fundamental principles, including the rule of law, police activity should be based on a coherent and consistent system of indicators which is relevant to modern socio-political realities. An important indicator of police activity is the effectiveness of work in the area of prevention of administrative delinquency. Measurement and analysis of this indicator are rather complex processes, as they are carried out not only within the framework of police activities, but are also largely related to the functioning of civil society institutions, educative, cultural, scientific and educational institutions and organisations, including international ones, which focus their activities on solving urgent problems that constitute the social basis of administrative delinquency.
 It has been noted that prevention of administrative delinquency is a complex category which should be considered through the prism of a system of organically interrelated actors at the level of understanding a wide range of relations between them, including police bodies and units. It has been emphasised that such a system should be based on the principles of equality, broad public participation and be coordinated by collectively formed management centres at the level of the State or a particular area (region, community).
 The areas for further development of police activities in the field of prevention of administrative delinquency include a set of organisational and administrative measures related to the need to ensure the rights and freedoms of internally displaced persons, prevention of bullying under martial law, and widespread application of the programme approach both in administrative law and administrative law doctrine.

Some aspects of the organizational and legal mechanism of international cooperation of Russian law enforcement agencies in countering transnational crime

SOMEASPECTSOFTHEORGANIZATIONALANDLEGALMECHANISMOFINTERNATIONALCOOPERATIONOF RUSSIANLAWENFORCEMENTAGENCIESINCOUNTERINGTRANSNATIONALCRIME The article deals with the peculiarities of the interaction of domestic law enforcement agencies with the competent authorities of foreign states in the fight against crime. The author examines the priority areas of “police cooperation” on the basis of interdepartmental agreements concluded within the competence of the Ministry of Internal Affairs of the Russian Federation that do not contradict current legislation and international principles, treaties ratified by the Russian Federation.

ІНТЕРНЕТ У ПОШУКОВІЙ ДІЯЛЬНОСТІ СЛІДЧОГО

The article considers the possibility of using the Internet in the investigation of criminal offenses, identifies certain aspects of its use in evidence, as well as analyzes the essence of the investigator's search activities in the information field mentioned. In particular, it is noted that in modern conditions, both scholars and practitioners are increasingly paying attention to the possibility of using the possibilities of the Internet in the criminal proceedings. Nowadays, the Internet, which has become essentially a global telecommunications network, creates significant potential opportunities for law enforcement agencies to detect and investigate a large number of types of criminal offenses. However, due to the uncertainty of the legal status of the Internet, it is rapidly being criminalized. Using the achievements of scientific and technological progress, intensifying activities and increasing the level of their organization, offenders expand the information space around them, naturally forming a set of connections available for analysis by using modern scientific and technical methods and tools. In turn, domestic law enforcement agencies can and should also adequately take into account such processes and use them in terms of developing ways to use appropriate Internet sources of information on subjects of all levels of crime, especially organized, as well as with a foreign element. In general, the main objectives of using the Internet in the investigation of criminal offenses is to find the necessary forensic information from its network, its analysis, accumulation and further processing and application in the detection and investigation of illegal acts, including their proof. It is justified to single out the following areas of use of information from the Internet during the pre-trial investigation: first, as a source of operational information; second, as an information channel both for operative communication with the public, and as a means of influencing it in the interests of detection, investigation and prevention of criminal offenses; third, as a means of influencing those who have committed such offenses in order to encourage them to expose themselves either in the form of appearing before a law enforcement agency or in the form of committing erroneous actions that will facilitate their detention. One way or another, the use of the World Wide Web can contribute to changes in the pre-trial investigation, significantly increasing its effectiveness. To ensure the reliability of the information received from this network, it is necessary to improve the procedural forms of its formation, verification and evaluation, taking into account the possibility of its accidental or deliberate distortion.

Механізм взаємодії з міжнародними правоохоронними організаціями у сфері запобігання та протидії економічній злочинності

У статті доведено, що система правоохоронної діяльності України має бути побудована з метою налагодження ефективних взаємозв’язків з міжнародними правоохоронними організаціями. Наведено перелік та охарактеризовано глобальні й регіональні міжнародні правоохоронні організації, а саме: Інтерпол, Асеанапол, Афріпол, Європол, Амеріпол, GCCPOL, AIMC. Визначено, що сьогодні Україна співпрацює з двома такими організаціями: глобальною – Інтерпол (в Україні функціонує Національне центральне бюро на базі Міністерства внутрішніх справ України) і регіональною – Європол (Україна направила офіцерів зв’язку до цієї міжнародної правоохоронної організації). Розглянуто особливості функціонування зазначених правоохоронних організацій та особливості їх взаємодії з вітчизняними правоохоронними органами у сфері запобігання та протидії економічній злочинності.Проаналізовано хронологію розвитку Інтерполу як міжнародного правоохоронного органу. Досліджено організаційну структуру Інтерполу та охарактеризовано кожну її складову: Генеральну Асамблею, Виконавчий комітет, Президента Інтерполу, Генеральний секретаріат. Наведено характеристику діяльності директоратів Генерального секретаріату Інтерполу. Ідентифіковано механізми державної політики, що мають врегулювати діяльність вітчизняних правоохоронних органів у контексті відповідності діяльності Інтерполу. Надано характеристику глобальним цілям зазначеного правоохоронного органу й напрямам трансформації державної політики у сфері запобігання та протидії економічній злочинності. Досліджено особливості державного регулювання процедур взаємодії з Інтерполом. Проаналізовано розвиток Європолу як регіонального правоохоронного органу.

PENEGAKAN HUKUM PIDANA TERHADAP IMIGRAN ILLEGAL MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN

Law Enforcement is essentially the upholding of ideas or concepts as well as an effort to realize the ideas of people's expectations to become reality. Law enforcement against criminal acts of abuse of residence permit in the immigration environment is carried out by the Civil Servant Investigator. In enforcing the law against perpetrators of misuse of residence permits, Civil Servants of immigration can coordinate with domestic law enforcement agencies, namely the Indonesian National Police, prosecutors and judges. The reality in the field often results in problems in the criminal investigation process carried out by the National Police and Civil Servant Investigators (PPNS) always experiencing ups and downs. The ups and downs can take the form of an incomplete investigation or an incomplete investigation such as the completion of a filing. Many cases of abuse of residence permit only go to the stage of administrative action. Enforcement of criminal law against illegal immigrants entering and entering Indonesian territory without going through immigration checks, namely that in resolving cases or law enforcement criminal acts against illegal immigrants entering and entering Indonesian territory are carried out in two ways namely administrative immigration actions (outside the criminal justice system) and actions projustitia (justice process) included in the criminal justice system (Criminal Justice System).

Reabilitação e transferência internacional de prisioneiros e pessoas sujeitas a medidas restritivas e penas alternativas: uma questão problemática para a cooperação judiciária na UE em matéria penal

O artigo analisa a função da noção de reabilitação dos condenados nos mecanismos de cooperação judiciária da União Europeia, com especial ênfase nas transferências internacionais. Em primeiro lugar, fornece-se uma visão geral da abordagem da ordem jurídica da UE e do sistema da Convenção Europeia de Direitos Humanos sobre este tema. Argumenta-se que a reabilitação dos condenados é uma noção cada vez mais importante em nível supranacional, capaz de impor deveres progressivamente mais restritivos às autoridades policiais domésticas. Em segundo lugar, analisa-se a forma como os objetivos de reabilitação afetam as escolhas normativas subjacentes à Decisão-Quadro 2008/909/GAI, relativa às transferências de reclusos entre os Estados-Membros e à Decisão-Quadro 2008/947/GAI, relativa ao reconhecimento mútuo de medidas de vigilância e penas alternativas. O artigo sustenta que a reabilitação dos condenados ainda está buscando um papel claro na ordem jurídica da UE, como demonstrado pela recente jurisprudência do Tribunal de Justiça. Em particular, o funcionamento dos mecanismos de cooperação judiciária e as orientações jurisprudenciais fornecidas pelo Tribunal confirmam que este objetivo da punição tem relação com a plena eficácia do direito da UE e com a vontade oculta dos Estados-Membros de utilizarem as transferências transfronteiras como um instrumento de controle de mobilidade interna na UE.

Agency Correlates of Police Militarization: The Case of MRAPs

In 2014, protests in Ferguson, Missouri (MO), and the subsequent law enforcement response, shined a light on police militarization—the adoption of military styles, equipment, and tactics within law enforcement. Since 1990, the U.S. Department of Defense has transferred excess military equipment to domestic law enforcement agencies via the federal 1033 program. This article examines transfers of mine-resistant ambush-protected vehicles or MRAPs. Designed to withstand explosive blasts during U.S. military occupations in Iraq and Afghanistan, surplus MRAPs have been shipped to more than 800 domestic law enforcement agencies. This article uses national data on law enforcement agencies and on 1033 program transfers to analyze the pattern of MRAP distribution. The results show that MRAPs are disproportionately acquired by agencies that have warrior tendencies and rely on asset forfeiture to generate revenue. This pattern of militarization is consistent with a model of governance that views citizens as both opportunities and threats.

The use of cyber technologies in the process of investigating crimes: an analysis of foreign experience

The article examines and analyzes the experience of using cyber technologies of silent surveillance of computers of suspected persons by law enforcement agencies and special services of the Federal Republic of Germany and the USA, highlights the advantages and disadvantages, and also provides recommendations for implementation thereof in the activities of domestic law enforcement agencies.

Ripples Down Under: New Zealand Youngsters' Attitudes and Conduct After Snowden

Purpose – This study tests the attitudes towards and social consequences of Edward Snowden’s revelations in New Zealand, taking into account New Zealand’s socio-cultural and political environment especially as regards privacy and state surveillance. Design/methodology/approach – A questionnaire survey of 66 university students and semi-structured follow-up interviews with 18 respondents were conducted, in addition to reviews of the literature on privacy and state surveillance in New Zealand. The outcomes of the survey were statistically analysed and qualitative analyses of the interview results were also performed. Findings – Despite a lack of detailed knowledge concerning Snowden’s revelations and a relative lack of knowledge of domestic law enforcement agencies as well as those devoted to protecting human rights and privacy, the revelations have had a noticeable effect on New Zealand youngsters’ attitudes toward privacy and state surveillance, mainly evidenced in their willingness to emulate Snowden’s actions and in their changed online behaviour thereby demonstrating a chilling effect. Practical implications – The study results suggest younger New Zealanders are aware of and concerned with their privacy and also that the Government should better publicise the existing mechanisms for protecting human rights and privacy as well as for whistle-blowing by individuals to give effect to the aspirations of younger citizens in particular. Social implications – The results of this study based on a questionnaire survey indicates that state surveillance and other threats to privacy are issues of concern to younger New Zealanders and that better public education is needed as to the mechanisms that are available for citizens to protect their privacy and human rights. Originality/value – This study is the first attempt to investigate the social impact of Snowden’s revelations on New Zealand youngsters’ attitudes toward privacy and state surveillance as part of cross-cultural analyses between eight countries.

Biometric Cyberintelligence and the Posse Comitatus Act

This Article addresses the rapid growth of what the military and intelligence community refer to as “biometric-enabled intelligence.” This newly emerging intelligence system is reliant upon biometric databases — for example, digitalized collections of scanned fingerprints and irises, digital photographs for facial recognition technology, and DNA. This Article introduces the term “biometric cyberintelligence” to describe more accurately the manner in which this new tool is dependent upon cybersurveillance and big data’s mass-integrative systems.To better understand the legal implications of biometric cyberintelligence, this Article advances three primary claims. First, it argues that the technological and programmatic architecture of biometric cyberintelligence can be embedded within the data collection and data analysis protocols of civilian governance and domestic law enforcement activities. Next, to demonstrate the potential lethality of this emerging technological and policy development, this Article illustrates how biometric data may be increasingly integrated into drone weaponry, including targeted killing and drone strike technologies. Finally, this Article argues that the Posse Comitatus Act of 1878, designed to limit the deployment of federal military resources in the service of domestic policies, may be impotent in light of the growth of cybersurveillance.Maintaining strict separation of data between military and intelligence operations on the one hand, and civilian, homeland security, and domestic law enforcement agencies on the other hand, is increasingly difficult as cooperative data sharing increases. The Posse Comitatus Act and constitutional protections such as the Fourth Amendment’s privacy jurisprudence, therefore, must be reinforced in the digital age in order to appropriately protect citizens from militarized cyberpolicing, i.e., the blending of military/foreign intelligence tools and operations and homeland security/domestic law enforcement tools and operations. The Article concludes that, as of yet, neither statutory nor constitutional protections have evolved sufficiently to cover the unprecedented surveillance harms posed by the migration of biometric cyberintelligence from foreign to domestic use.

Forensic data exchange: ensuring integrity

A growing chorus of forensic professionals believe that forensic science has undersold its potential contribution to crime reduction and has a more significant role to play in policing, with collation and analysis of forensic information used to inform policing tactics, operations or strategy. Domestic law enforcement agencies, as producers, consumers and purveyors of forensic information and intelligence, are also responding to political pressures to expand and accelerate their technological abilities to gather and disseminate forensic information and intelligence within expanding operational boundaries. For example, there are a number of agreements that promise the automated exchange of forensic data internationally, in particular fingerprints and DNA profiles, and many that share other law enforcement information via a variety of channels. However, there is yet to be any detailed consideration of the multifaceted issues raised by the production of forensic intelligence, and the impact of direct access and/or exchanges of forensic intelligence. While technologies are increasingly interoperable, traditional parameters restraining law enforcement information sharing are increasingly inadequate. The lack of oversight of the transnational flows of law enforcement information mean that current processes lack transparency and, consequently, citizens’ ability to know of, understand, and challenge exchanges of their data is almost non-existent. Yet the expectation is that the power to generate, gather, store and share forensic intelligence will be used with integrity. Integrity is essential for generalised trust among not just the direct consumers of forensic intelligence, but also the public. For the integrity of forensic intelligence to be maintained, critical attention must be paid not only to the viability of forensic intelligence production and sharing, but also to its legitimacy and acceptability.

German and U.S. Telecommunications Privacy Law: Legal Regulation of Domestic Law Enforcement Surveillance

The legal systems of Germany and the United States contain detailed rules that regulate the surveillance of telecommunications by domestic law enforcement agencies. An initial question about this surveillance concerns the relative levels of such activity in Germany and the United States. This Article demonstrates, however, that the available statistics do not permit the drawing of conclusions about the relative amount of surveillance in the two countries. Any comparison based on these data sets proves to be illusory - the official statistics in Germany and the U.S. measure different phenomenon. Despite an absence of a basis for an empirical exploration of relative levels of telecommunications surveillance in Germany and the U.S., it is possible to compare the applicable legal regulations in the two countries. This Article examines both constitutional and statutory regulations. It finds that the U.S. Supreme Court has developed a restrictive vision of the Fourth Amendment that extends its protections only to telecommunications content, but not telecommunications attributes. In contrast, the German Federal Constitutional Court has interpreted Article 10 of the Basic Law, the postwar German constitution, as protecting not only telecommunications content but also telecommunications attributes. This Article also examines the statutory law that governs telecommunications surveillance in Germany and the U.S. It evaluates six categories: (1) legal protection for telecommunications information; (2) legal protection for connection data; (3) legal protection for stored data; (4) legal requirements for data retention or data erasure; (5) legal protection for contents of telecommunications; and (6) the nature of available remedies. In a final section, this Article examines three possible X factors, beyond the surveillance regulations expressed in legal regulations, that may affect law enforcement behavior in carrying out telecommunications surveillance in the two countries.

Hawala: The Terrorist's Informal Financial Mechanism

Abstract : Since 9/11 investigations into the al-Qaeda financial network have led to several notable successes in the United Slates and Europe. Much of this achievement in the United States has resulted from strengthening the financial investigatory powers of domestic law enforcement agencies and coordinating them through the Treasury Department's new Foreign Terrorist Asset Tracking Center. In other countries, the Paris-based Financial Action Task Force, for example, is helping to coordinate the tracking of terrorist funds through the global banking system and cracking down on countries that fail to improve transparency and regulation. Financial investigators tracking al-Qaeda assets rely heavily on data and paper trails from commercial banks and financial regulators in pursuing and investigating leads. Unfortunately, these efforts have achieved little success to date in reaching the core of the al-Qaeda financial network. The problem is that many of the organization's funding mechanisms -- like its cells -- are small and inconspicuous, often using a traditional Muslim method of money exchange called In essence, hawala is a transfer or remittance from one party to another, without use of a formal financial institution such as a bank or money exchange and is, in this sense, an informal transaction. There are several other common aspects to hawala. First, in most cases, hawala transactions go across international lines, such as with worker remittances to their home countries. Second, hawala usually involves more than one currency, although, again, this is not absolutely required. Third, a hawala transaction usually entails principals and intermediaries. To accommodate requests of the principals, the intermediaries usually take financial positions. Later, much as in the case of conventional banking practices, these transactions will be cleared among the units to balance their books.