Enforcement Tasks Research Articles

Some aspects of tactical medicine in service and combat activities of police officers under the conditions of the legal regime of martial state: problem issues in critical situations and combat conditions

The article highlights the problematic issues of tactical training of law enforcement officers in today’s conditions, considers the actual problems and challenges that law enforcement officers may face during the performance of official duties and the provision of first aid in combat conditions and emergency situations. The issue of the interaction of the National Police of Ukraine with other rescue services at the scene for the effective provision of first aid was considered. It is noted that the interaction of the police and other rescue services at the scene of the event in the conditions of martial law requires a special approach and careful planning. It is necessary to ensure a clear coordination of actions, an appropriate level of protection for the personnel of the rescue services, and to take into account the peculiarities of work in the conditions of hostilities. Effective interaction between different services will minimize the consequences of emergency situations and ensure the safety of the population in the conditions of martial law. The article highlights the algorithm of actions for providing assistance to injured persons by police officers under fire, considers the key issues of training law enforcement officers to provide effective first aid in conditions of martial law or extreme situations in general. The authors of the article emphasize the importance of unified training programs for police officers in tactical medicine, which should include both theoretical knowledge and practical skills. Special attention is paid to ensuring a high level of readiness of police officers for quick and effective response to emergency situations and saving lives in the conditions of an aggravated conflict. Service situations in which police officers may find themselves are often accompanied by conflicts and their escalation, up to “fire contact” with the offender. Therefore, for the training of police officers, the section of tactical medicine is the most relevant, which teaches the basic skills of providing self- and mutual aid in combat conditions, which are primarily aimed at eliminating the preventive causes of death, taking into account the threat from combat operations or an active shooter. Unfortunately, there are infamous cases of the death of police officers while performing law enforcement tasks, which indicates the need for mandatory integration of first aid standards into their training and operations in various tactical situations. In addition, it is important to note that training police officers in tactical medicine will not only help them provide effective care to victims, but will also increase their level of safety while performing their duties. Therefore, unified training programs for police officers in tactical medicine should be an integral part of the training of law enforcement officers.

Analisis Dasar Pertimbangan Hakim Praperadilan pada Perkara Penetapan Tersangka Tindak Pidana Korupsi Dana Desa

Ensuring the preservation of human rights and the coherence of law enforcement's tasks are predicated on the pre-trial provisions of the criminal procedure legislation. As part of its mission to ensure that the criminal justice system is fair, the pretrial facility has put safeguards in place to monitor the effectiveness with which police officers carry out their tasks. All eyes are on the judge's evaluation of the law's applicability in light of pre-trial judgment 4/Pid.Pra/2022/PN.Kla. Normative and empirical theories of law are both used in this study's methodology. Primary data collected from the field and secondary data collected from various relevant legal sources are both used in this study. The study team included a law school professor, a prosecutor from the South Lampung District Prosecutor's office, and a judge from the Kalianda District Court. The court considered the following factors in rendering pretrial decision 4/Pid.Pra/2022/PN.Kla, in accordance with the study's conclusions: Instead of using the seizure reports and records that initially connected the suspect to the South Lampung District Prosecutor's Office ( Respondent) as evidence, the judgment was based on legal, social, and philosophical factors. Beyond that, the applicant was not suspected of being the subject of an official audit by the State Financial Loss Calculation Audit (PKKN). In order to establish a monetary loss to the state, the investigator must explicitly recognize a critical component that forms the foundation or risk of the inquiry. All of the applicant's pretrial requests were therefore granted by the court. The officials tasked with carrying out the pretrial decision's enforcement have finished their task. Kla is based on the multi-stage execution of criminal legislation.

Improving Digital Communication Skills for Members of Pringsewu Police Resort

The use of digital technology has become an integral part of everyday life, including in the fields of security and law enforcement such as in the Pringsewu Police Resort. However, challenges in adopting and utilizing digital communication skills are still faced by many members of the Pringsewu Police Resort. Therefore, this community service aims to enhance the digital communication skills of Pringsewu Police Resort members through a series of training sessions. The methods used in this service include observation/interview methods, lecture methods, training methods, and the use of relevant digital resources. The results of this community service are highly effective in providing value in terms of knowledge, understanding, and application of digital communication skills by Pringsewu Police Resort members. They become more proficient in using various platforms and digital tools to communicate effectively, both internally and externally. Furthermore, active participation of members in the training demonstrates a high level of concern and enthusiasm for self-improvement and service to the community. By enhancing the digital communication skills of Pringsewu Police Resort members, it will directly contribute to the positive impact on the effectiveness and efficiency of law enforcement tasks and service to the community. The next step is to maintain continuity and expand the scope of the program to ensure sustainability and maximize the benefits obtained.

How Have EU Legislators Established EU Agencies With Enforcement Tasks? Case Studies of the European Aviation Safety Agency and the European Medicines Agency

AbstractEuropean Union (EU) policies were long enforced according to a well‐established framework in which member state governments made legislative, administrative and operational arrangements for realizing policies made in Brussels. EU legislators, however, are increasingly creating EU agencies to help enforce EU policies. This article attempts to explain this puzzling development, as it examines how the establishment of EU enforcement agencies by EU legislators relates to the well‐established role of member states. This article relies on case studies of the European Aviation Safety Agency (EASA) and the European Medicines Agency (EMA). These case studies show that, during the establishment of those agencies, the member state enforcement framework provided institutional stability on the one hand yet facilitated institutional change on the other. This institutionalist account of EU agency establishment supplements functional and political ones that have so far prevailed in the academic discourse.

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It has been established that the conditions under which security force units perform their tasks during a full-scale war have undergone significant changes, leading to a decrease in the survivability of security force personnel both during combat operations and while carrying out law enforcement tasks. The main factors influencing the likelihood of a security officer sustaining a combat injury have been identified, and a comprehensive set of survivability indicators for security force personnel under enemy fire conditions has been developed. Based on these indicators, a list of criteria for the survivability of security force personnel has been proposed.

Problematic issues of machine learning technology in law enforcement

Law enforcement agencies increasingly use predictive and automation technologies where the core technology is often a machine learning (ML) model. The article considers the problem of accountability and responsibility of law enforcement agencies and officials connected with using of ML models. The authors point out that accountability is a key element of democratic law enforcement, but using of the predictive software can create challenges in ensuring that accountability. The article discusses how the application of ML can lead to obfuscation of responsibility and complicating accountability in «multi-agent structures» that combine humans and computational tools. Special attention is paid to the opacity of predictive algorithms and automated decision-making systems. It becomes a source of misunderstandings and caution regarding their use. The authors raise questions about how effective oversight and full reporting can be ensured when key components of the decision-making systems remain unknown to the general public, officials, and even developers of the models. The paper argues that important questions related to ML decision models can be solved without detailed knowledge of the machine learning algorithms, allowing non-ML law enforcement experts to study them in a form of intelligent control. Non-ML experts can and should review trained ML models. The authors provide a «toolkit» in the form of questions about three elements of the ML-based decision models that can be qualitatively explored by non-machine learning experts: training data, training goal, and anticipatory outcome evaluation. This approach expands the capabilities of these experts in the form of an objective assessment of the use of ML models in law enforcement tasks. This will allow them to evaluate effectiveness of the models through the prism of their own experience. The basic idea is that even without deep technical knowledge, law enforcement experts can analyze and review ML models. This approach promotes understanding of the use of machine learning technologies in law enforcement, expanding the potential of non-ML law enforcement experts.

Settlement security, local law enforcement at the Southern Great Plain Region I.

Aim: The aim of the study is to present the municipal security of the Southern Great Plain Region and the police and complementary law enforcement agencies involved in local policing. In addition, it is intended to describe the difficulties associated with the operation of municipal police forces, to identify anomalies in practice and to suggest optimal solutions.Methodology: The research was carried out by interviewing the police chiefs of three county police headquarters in the region, as well as the municipalities through an online questionnaire. In addition, in order to develop a complex opinion, focus group discussions with various participants in two districts were held to find out about local government measures in the field of local policing. Thirdly, in the framework of secondary research, the author processed domestic legal regulations, professional studies and statistical data.Findings: The results of the research carried out reveal that the development of municipal law enforcement agencies can only be achieved through a long-term and well designed strategy. It has been demonstrated that municipal security and local law enforcement tasks are extremely complex and require the active and coordinated action of several actors. It has also been shown that municipalities have a permanent need for stable and balanced public security and are willing to make commitments to achieve this, if the right opportunities and knowledge are available. In this complex system of policing tasks, continuous and extensive cooperation between the partners and the flow of information through regular communication are indispensable factors.Value: The conclusions of the study can be used in the development of future action programs by local law enforcement contributors as well as police chiefs. The author has formulated recommendations for improving municipal security that deepen the theoretical and practical knowledge of specialists.

The Crowdsourcing of Regulatory Monitoring and Enforcement

Abstract Crowdsourced regulation has been discussed to date by legal and social science scholars mainly in the context of legislation and rulemaking, without paying sufficient attention to non-legislative regulatory functions. This article provides a richer theory of crowdsourced regulation which extends to all regulatory functions, focusing on monitoring and enforcement. Regulatory agencies worldwide harness the power of the public using digital platforms to carry out monitoring and enforcement tasks in regulated markets and sectors. For example, agencies operate online complaint databases that invite the public to report mistreatment of consumers and environmental nuisances by regulated firms. Agencies also publish information concerning corporate misbehavior to publicly shame companies into compliance. Crowdsourcing regulatory monitoring and enforcement can help minimize some prominent ailments of the regulatory task, such as poor resources, diminishing deterrence, declining legitimacy, and capture. It can also promote goals and values such as public participation, increased transparency, public trust in regulators, administrative efficiency, and effectiveness in achieving regulatory objectives. However, crowdsourcing regulatory monitoring and enforcement is subject to a new set of legal, administrative, and democratic failures that need to be acknowledged and addressed. The article develops a theory of crowdsourced regulation that supplies justifications and rationales for crowdsourced regulatory monitoring and enforcement, points out its main pitfalls, and normatively evaluates law and policy implications.

Reconstruction of the Role From the Prosecutor Based on the Socio-Legal Approach

The prosecutor is one of the law enforcement officers who have an orientation to enforce the law in society. The prosecutor in this case does not only apply the law in the form of written texts in the Act, but also looks at the context in social-societal reality. This study aims to explore the socio-legal aspects in implementing the duties of the prosecutor in realizing justice in society. This research is a normative legal research by prioritizing socio-legal aspects. This study uses primary legal materials, namely: the 1945 Constitution of the Republic of Indonesia, the Prosecutor's Law, the Prosecutor's Regulation on Restorative Justice. Secondary legal materials include: books, journal articles, as well as various research results on law enforcement by the Attorney General's Office. Non-legal materials include: various results of non-legal studies on law enforcement by the Attorney General's Office. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirm that prosecutors in law enforcement in Indonesia are oriented towards law enforcement tasks in the field, which means that prosecutors need to look at non-legal aspects and understand several aspects of social reality in society to maximally enforce the law in society. The urgency of the socio-legal approach regarding the role of prosecutors in Indonesia is to make prosecutors more comprehensive in understanding legal issues that develop in society.

Police Resilience as a Multilevel Balance: Needs and Resources for Victim Support Officers

Providing face-to-face support to victims entails one the most intense stress- and trauma-laden exchanges of law enforcement tasks, which frequently triggers long lasting negative effects on police officer’s psychological wellbeing. When exploring this phenomenon, police resilience is often interpreted as police officers’ and organization’s capacity to react and recover from negative experiences and impediments, and as such it may be perceived as both a trait and a trainable and promotable skill. Yet, in very recent times, police resilience has faced new or transformed challenges due to the COVID-19 pandemic, as victims, citizens, and public institutions have encountered new needs and situations. Drawing from a unique qualitative, in-depth research with police officers that provide support to victims of gender-based and domestic violence, this paper analyzes officers’ needs and challenges regarding their interactions with victims, colleagues, superiors, and other occupational demands, as they interplay into stress and trauma that may lead to burnout and compassion fatigue. Illustrated with the empirical findings of the case study of the Catalonia’s Mossos d’Esquadra police corps, the paper explores how officers negotiate individuals’ expectations, needs, and procedures signals towards potential challenges and threats to their psychological wellbeing with implications for police forces and other public and private institutions. The specific needs and demands of the participants’ policing, related to support to gender-based and domestic violence, presents an in-depth analysis of how stress and trauma are understood and experienced from the police officers’ perspectives.

Legal and psychological characteristics of the subjects committing illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues

The purpose of the study is to update the legal and psychological characteristics of the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The methodological basis of the article is a theoretical and applied analysis of forensic and psychological components of personality as a subject of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The method of content analysis of regulations, publications of scientists, as well as the possibility of active and personal, and structural and functional approaches (when outlining the positions of investigative tactics). In view of this, it is argued that the legal and psychological characteristics of the offender’s personality involves the personification of human as a socio-biological system, the properties and characteristics of which are reflected in the material environment and used in the investigation of crimes. It is also noted that most researchers (lawyers, psychologists, etc.) combine elements of the characteristics of the offender's personality into groups: social (social status, education, marital status, profession, etc.); psychological (worldview, beliefs, skills, habits, emotions, temperament, mental cognitive processes, etc.); physiological (anatomical and functional features).
 The scientific novelty of the obtained results lies in the generalization of the legal and psychological characteristics of the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues. The psychological mechanism of such behavior, as a rule, is personal uncertainty: there is no stable idea of oneself and similarity with a certain person, group, and social environment in general; there is a subconscious desire to isolate oneself from any penetration into one’s inner world. The lack of active social communication leads to the loss of pre-existing social roles.
 Conclusions. The criminals of this category are characterized by certain individualized indicators (in particular, insufficient social adaptation; certain level of criminalization of the subject in the field of drug trafficking; significant changes in the motivational and needs sphere of the individual), which influence the construction of the mechanism of illegal actions, psychotropic substances and their analogues.
 Isolation of the most characteristic socio-demographic and individual-psychological features allows to correctly interpreting the available information about the subjects of illegal actions with equipment for the manufacture of narcotic drugs, psychotropic substances and their analogues, primarily by preventing, detecting and investigating similar illegal actions, solving other law enforcement tasks, etc.

О ПРИМЕНЕНИИ ПРАВООХРАНИТЕЛЬНЫМИ ОРГАНАМИ СПЕЦИАЛИЗИРОВАННОГО ПРОГРАММНОГО ОБЕСПЕЧЕНИЯ В ОРГАНИЗАЦИИ ИСПОЛЬЗОВАНИЯ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА

The article reveals the issue of improving the operational and investigative support for countering crime by law enforcement agencies through the use of specialized software in the organization of the use of artificial intelligence. The development of information technologies requires the improvement of methods and means of law enforcement activities. Modern realities have formed the need to use the capabilities of artificial intelligence to solve law enforcement tasks. Due to the increase in the computing capabilities of software and hardware complexes, including as a result of the use of graphics processors and distributed computing system architectures, a wide application of machine learning based on a variety of computing systems organized on the principle of neural networks has become available. As an effective tool for countering crime, law enforcement agencies need to have in their arsenal tools for not only monitoring the information space and getting real-time access to information that is stored on a user’s smartphone or computer, on cloud storage, in social networks, on built-in or portable storage devices. Get access to information posted, sent, stored on remote servers, devices of the person being developed through remote monitoring, be able to process large amounts of data and solve complex problems faster than the traditional algorithms currently existing. To obtain the necessary data, it is necessary to use specialized information software of the network environment aimed at solving the tasks of solving and investigating crimes.

On the issue of the exercise of powers by internal affairs bodies in ensuring public safety at air transport facilities

The subject of the study of the topic under consideration is the implementation of the powers of the internal affairs bodies in ensuring public safety at air transport facilities. The article shows the role of the internal affairs bodies in ensuring public safety through the implementation of the powers assigned to them. The article is a structural presentation of the material on the implementation of law enforcement tasks at air transport facilities. The introduction describes the relevance of the field of aviation transport to meet the needs of society, the high demand of the population for this type of transport, the tasks of law enforcement agencies and air transport enterprises to ensure the safety of citizens while they are at the airport and during the flight. The main part explains the issues related to the use of regulations as a means of preventing persons from entering air transport facilities when performing work related to transport security by checking them against various databases, the results of which are concluded. An idea is given about the use of the norms of legislation providing for liability in the case of an administrative offense or crime. The article may be useful to those who are involved in the process of ensuring security at air transport facilities, law enforcement officers, subjects of ensuring transport security – employees of the aviation security service and departmental security of the Ministry of Transport of the Russian Federation, as well as whose interests are related to carrying out work at such facilities, and citizens using air transport services. Thus, the concentration of efforts in the field of public safety, based on the application and implementation of legal norms by the subjects involved in this process, understanding the importance of aspects of interaction in the implementation of the powers granted, as well as the overall organization of activities at air transport facilities will allow us to talk about the effectiveness of the entire security system focused mainly on the social needs of citizens and interests states.

ПСИХОЕМОЦІЙНА НАПРУЖЕНІСТЬ ЯК ДЕТЕРМІНАНТА ПРОФЕСІЙНОЇ ДЕФОРМАЦІЇ ПРАЦІВНИКІВ НАЦІОНАЛЬНОЇ ПОЛІЦІЇ УКРАЇНИ

The article states that in the context of the formation of a modern legal system, democratization of law-enforcement institutions, proclamation of a course of maximum efficiency of the rights and freedoms of citizens protection, one of the leading priorities of the Ministry of Internal Affairs of Ukraine is the procedure of the creation of a highly professional staff capable of effectively solving law enforcement tasks. Transformation of public administration, profound changes in the personnel structure of the Ministry of Internal Affairs of Ukraine, changes in the essence, goals and functional orientation of law enforcement activities require an expansion of the scope of research on the problems of professionalization in this area. Activity is an integral part of a person's lifestyle, an important factor in its formation and development as a member of society and an individual. Professional tasks execution, along with the maximum concentration on the positive results, can lead to side effects. One of them is professional deformation, which objectively represents not a fatal, but a really probable expense, the so-called shadow side of the profession. Subjectively, it is a tribute that a person unwillingly pays for excessive specialization, unquenchable passion for activities, the maximum level of demands to herself. Professional deformation can occur as a result of any activity. But most often, according to the different research, it affects representatives of such professions that involve activities of the type "man-man": teachers, actors, service workers, lawyers. This problem is highly important for law enforcement agencies because their representatives are dealing with intense deformation influence. Professional deformation as one of the complex and multisided problems of law enforcement requires a comprehensive, interdisciplinary solution of legal, managerial, psychological and other tasks. The professionalism of law enforcement personnel lags behind the growing demands of reality, so today, under the influence of a complex operational environment and criminalization of state life, the research under such problem of professionalization of personnel as the professional deformation of the employee and related problems of organization and management in the Ministry of Internal Affairs of Ukraine is becoming increasingly important.

ОСОБЛИВОСТІ ОРГАНІЗАЦІЇ ВЗАЄМОДІЇ ЧАСТИН І ПІДРОЗДІЛІВ НАЦІОНАЛЬНОЇ ГВАРДІЇ УКРАЇНИ, НАЦІОНАЛЬНОЇ ПОЛІЦІЇ УКРАЇНИ ТА ІНШИХ ПРАВООХОРОННИХ ОРГАНІВ У СФЕРІ ОХОРОНИ ГРОМАДСЬКОГО ПОРЯДКУ І ЗАБЕЗПЕЧЕННЯ ГРОМАДСЬКОЇ БЕЗПЕКИ

The main forms, methods and problems of interaction of the National Police of Ukraine, other law enforcement agencies with units of the National Guard of Ukraine in performing tasks of public order and public safety, especially to ensure public order during mass events and riots, based on the current regulatory framework, problematic issues related to the experience of law enforcement tasks by both domestic and foreign law enforcement forces in the context of globalization processes that have covered all spheres of public life in the world. Ukraine is no exception, especially against the backdrop of a hybrid armed confrontation in the southeast with units and subdivisions of the Russian Armed Forces and its mercenaries. Currently in Ukraine, against the background of a hybrid war with Russia, radical socio-economic and political changes are underway, which in most cases are slowing down due to exacerbation of the crime situation, rising organized crime, high probability of large-scale riots, especially in Kyiv, protection of law and order of the maximum concentration of efforts on the main directions of counteraction to the aggressive criminal environment, at stages of development and realization of strategy and tactics of struggle adequate to these displays. The purpose of the article is to substantiate the improvement of forms and methods of organizing the interaction of the National Guard of Ukraine with the National Police of Ukraine and other law enforcement agencies in protecting public order and ensuring public safety and solving problems given the imperfection of the current legal framework.

Global COVID-19 lockdown highlights humans as both threats and custodians of the environment

The global lockdown to mitigate COVID-19 pandemic health risks has altered human interactions with nature. Here, we report immediate impacts of changes in human activities on wildlife and environmental threats during the early lockdown months of 2020, based on 877 qualitative reports and 332 quantitative assessments from 89 different studies. Hundreds of reports of unusual species observations from around the world suggest that animals quickly responded to the reductions in human presence. However, negative effects of lockdown on conservation also emerged, as confinement resulted in some park officials being unable to perform conservation, restoration and enforcement tasks, resulting in local increases in illegal activities such as hunting. Overall, there is a complex mixture of positive and negative effects of the pandemic lockdown on nature, all of which have the potential to lead to cascading responses which in turn impact wildlife and nature conservation. While the net effect of the lockdown will need to be assessed over years as data becomes available and persistent effects emerge, immediate responses were detected across the world. Thus, initial qualitative and quantitative data arising from this serendipitous global quasi-experimental perturbation highlights the dual role that humans play in threatening and protecting species and ecosystems. Pathways to favorably tilt this delicate balance include reducing impacts and increasing conservation effectiveness.

Ekstremalnist yak chynnyk profesiinoho vyhoriannia pratsivnykiv Natsionalnoi politsii Ukrainy

The article states that in the context of the formation of a modern legal system, democratization of law-enforcement institutions, proclamation of a course of maximum efficiency of the rights and freedoms of citizens protection, determines manifestation of the procedure of creation of a highly professional staff capable of effectively solving law enforcement tasks as the one of the leading priorities of the Ministry of Internal Affairs of Ukraine.Transformation of public administration, profound changes in the personnel structure of the Ministry of Internal Affairs of Ukraine, change in the essence, goals and functional orientation of law enforcement activities require an expansion of the scope of research on the problems of professionalization in this area. Activity is an integral part of a person’s lifestyle, an important factor in their formation and development as a member of society and the individual. Professional tasks execution, along with the maximum concentration on the positive results, can lead to side effects. One of them is professional deformation, which objectively represents not a fatal, but a really probable expense, so-called shadow side of the profession. Subjectively, it is a tribute that a person unwillingly pays for excessive specialization, unquenchable passion for activities, the maximum level of demands to himself or herself. Professional deformation can occur as a result of any activity. But most often, according to the different researches, it affects representatives of such professions that involve activities type «person-person»: teachers, actors, service workers, lawyers. This problem is highly important for law enforcement agencies because their representatives are dealing with intense deformation influence. Professional deformation as one of the complex and multisided problems of law enforcement requires a comprehensive, interdisciplinary solution of legal, managerial, psychological and other tasks. The professionalism of law enforcement personnel lags behind the growing demands of reality, so today, under the influence of a complex operational environment and criminalization of state life, the research under such problem of professionalization of personnel as the professional deformation of the employee and related problems of organization and management in the Ministry of Internal Affairs of Ukraine is becoming increasingly important.

Традиции и ритуалы как сущностной компонент воспитательной работы с личным составом органов внутренних дел Российской Федерации

The article presents an analysis of individual views of scientific thought on the definition of the concepts of tradition and ritual. Revealing the essential purpose of traditions and rituals that fill the entire area of service activities of the personnel of the internal affairs bodies with educational meaning, the author focuses on their special role in solving multifaceted law enforcement tasks, which are based on the commitment of each employee to the experience of previous generations.

Procedural powers of the prosecutor when receiving, checking and resolving a report on a crime in the Russian Federation and the socialist Republic of Vietnam

The study is devoted to a comparative analysis of the powers of the prosecutor when receiving, checking and resolving a crime report under the current criminal procedure legislation of Russia and Vietnam. Comparative legal research always has the status of relevant, since it allows you to gain new knowledge and solve significant theoretical, legislative and law enforcement tasks at a high degree of efficiency. The purpose of the study is to form a unified methodological approach to determining the procedural position of a prosecutor at the stage of receiving, checking and resolving a crime report, which is objectively justified by modern achievements of criminal procedure science of the Russian Federation and the Socialist Republic of Vietnam, especially relevant in the conditions of building an adversarial model of criminal prosecution [13].In the course of the study, the following tasks were solved: 1) to analyze the criminal procedure legislation of Russia and Vietnam regulating the procedural position of the prosecutor when receiving, checking and resolving a crime report; 2) to identify the general patterns of its (the prosecutor's procedural position) modern development, to determine the similarities and differences in the legal regulation of the prosecutor's procedural activity when receiving, checking and resolving crime reports; 3) to use the accumulated experience of criminal court proceedings to optimize the criminal procedure legislation of the two countries in this part. Methodology. The methodological basis of the study was the general dialectical method of cognition, as well as special legal ones, including comparative legal, formal-logical, system-functional, statistical and others. Main results: the presence of common patterns in the legal regulation of the prosecutor's procedural activity when receiving, checking and resolving reports on crimes of the two countries is established; the legislator of both states recognizes the special importance of legal and justified resolution of a crime report for the subsequent stages of criminal proceedings; significant differences in the prosecutor's procedural position are identified, the author's vision of the significance of these differences is given, and conclusions are formulated about the possibility of using foreign experience to regulate the procedural prosecutor in the national legislation [15] of each state.

Over-Blocking: When is the EU Legislator Responsible?

Countries around the world are legitimately demanding that the providers of digital spaces fix the problem of illegal content on their services. The European Union legislature is increasingly entrusting various enforcement tasks to technology firms. However, this delegation of responsibilities creates risks to freedom of expression. In their efforts to remove unlawful or infringing content, firms inevitably block innocent websites, accounts, or content. They over-block legitimate speech. These speech risks cannot be eliminated but must be controlled and minimized. The paper looks at who and how must do this. It advances three related theses. Firstly, when law expects firms to act by removing content, the legislatures cannot leave it to firms to self-police such adverse effects; delegating states cannot avoid their responsibility. Secondly, the European Union legislature bears enhanced responsibility to contain such risks. It cannot leave the design of the corresponding safeguards entirely to the Member States. Thirdly, since safeguards to over-blocking usually require positive action of legislatures to be effective, judges have limited powers to introduce them by re-interpretation. ECJ should be therefore stricter when reviewing the validity of such Union law, especially when the horizontal direct effect is absent. Two recent contentious EU legal instruments in the area of copyright and terrorist content enforcement offer an excellent case study of these problems. The copyright instrument will be soon scrutinized by ECJ in Poland v Parliament/Council C-401/19. If the article’s arguments are endorsed, the ruling might open a new chapter for the quality of EU lawmaking.