Enforcement Functions Research Articles

Conceptual principles of defining tasks and functions of law enforcement bodies in the system of state power: theoretical and legal dimension

The article provides a comprehensive theoretical and legal analysis of the tasks and functions of law enforcement agencies of Ukraine through the prism of doctrinal research. Scientific approaches to defining the system of tasks of law enforcement agencies and their functional purpose in the state mechanism are analyzed. Special attention is paid to the problem of the lack of a single normative definition of the term «law enforcement agencies» and clear criteria for assigning state agencies to the category of law enforcement agencies. Various scientific classifications of the tasks of law enforcement agencies were studied, in particular the approaches of V. Belousa, V. Dyachenko, O. Muzychuka, I. Marochkina and V. Afanasyev. Based on their analysis, it was determined that the main tasks of law enforcement agencies are: protection of the constitutional rights and freedoms of citizens, protection of the constitutional order, combating crime, protection of the economic interests of the state and improvement of law enforcement activities. The expediency of differentiating the tasks of law enforcement bodies into primary ones that need to be performed exclusively by professional workers, and secondary ones that can be delegated to public formations is substantiated. The article analyzes the specifics of the relationship between law enforcement and judicial activities, particularly in the historical context. Attention is focused on the need for a clear distinction between the functions of justice and law enforcement in a modern legal state. It has been established that the formation of the tasks of law enforcement agencies is determined by a number of objective factors, in particular, the needs of the population, the level of development of society, the economic capabilities of the state, and the professional level of civil servants. It was determined that the main tasks of the law enforcement system of the state are fundamental goals in the organization and activities of law enforcement agencies, aimed at ensuring the security and protection of the constitutional rights and freedoms of citizens, protecting the legitimate interests of the state and society, preserving state sovereignty and territorial integrity, creating effective mechanisms for restoring violated rights and freedoms.

Peculiarities of patrol police activity during martial law

The article carries out a thorough analysis of the current legislation regarding the peculiarities of the patrol police during the period of martial law. To formulate the problems of this research, the relevance of the topic, the state of its research by the national legal science was substantiated. The Patrol Police is a unit of the National Police of Ukraine that patrols the streets around the clock, and is also the first to respond to 102 calls, in order to ensure public order and safety, protect the rights of citizens, road safety, ensures public order and safety in the event of mass events, is involved to eliminate the consequences of an accident, disaster, natural disaster. The patrol police work in nonstop mode (round the clock and continuously). Patrolling is carried out by a police crew, which consists of two police officers, and a foot patrol also operates in clearly defined areas. Police officers report to platoon commanders. In modern conditions, the patrol police not only perform the traditional functions of maintaining public order, but are also actively involved in tasks related to ensuring the functioning of the military administration, protecting critical infrastructure, evacuating the civilian population, supporting public safety in the face of the threat of missile attacks and other military actions . The goal is a doctrinal study and determination, based on the analysis of the current legislation, of the peculiarities of the patrol police during the period of martial law. It has been established that during martial law, police officers perform not only law enforcement functions, but also social assistance functions — they organize evacuation, ensure order during the distribution of humanitarian aid, and provide psychological support to citizens. Therefore, there is a need to develop new skills for patrol officers. Patrol officers require specific combat training that includes the basics of tactical medicine, evacuating the wounded, avoiding minefields and other military threats. Without such training, their actions may be less effective, and the risks to life and health may be higher.

Transformation of the Satya Adhi Wicaksana Doctrine: A contemporary study of building the integrity of law enforcement officers in the Attorney General's office of the Republic of Indonesia

This study aims to determine and examine the transformation of the Satya Adhi Wicaksana teachings (Loyalty based on honesty, both towards God Almighty, oneself and family and towards fellow human beings) to build the integrity of Adhyaksa personnel (prosecutors and administrative staff) at the Attorney General's Office of the Republic of Indonesia. The research method used is normative legal research with a qualitative descriptive analysis approach and primary and secondary data processing. The findings of this study are that the transformation of the Satya Adhi Wicaksana teachings is a very important guideline for every Adhyaksa personnel and aims to build the integrity of law enforcement officers at the Attorney General's Office of the Republic of Indonesia. Then the transformation of the Satya Adhi Wicaksana teachings which are associated with the Pancasila philosophy, is very relevant for higher legal education in Indonesia to produce law graduates who have integrity, competence and professionalism so that they can apply laws and regulations in Indonesia by the principles of the implementation of the state's law enforcement function. Furthermore, the transformation of the Satya Adhi Wicaksana doctrine is expected to foster public trust in prosecutors, increase the consistency and fairness of prosecution actions, and provide a basis for holding prosecutors accountable. Thus, this research is expected to provide a contribution of thought for the government, especially the Attorney General's Office of the Republic of Indonesia based on the 1945 Constitution of the Republic of Indonesia and the Pancasila philosophy.

Law Enforcement against Perpetrators of Child Grooming Sexual Abuse at the Tebing Tinggi Police Resort: An Islamic Criminal Law Perspective

This study aims to identify cases of child grooming sexual abuse in Tebing Tinggi City, identify the types of sanctions that can be imposed on groomers from the perspective of Islamic criminal law, and examine the law enforcement efforts undertaken by the Tebing Tinggi Police Resort in handling these cases. This research employs a mixed-methods approach, combining field research and normative legal analysis. The collected data is then analyzed qualitatively to describe the issue and address the research objectives. The results show that child grooming cases at the Tebing Tinggi Police Resort fluctuated throughout 2019-2024, with a significant surge of 70 cases in 2023. The standard modus operandi involves establishing an emotional relationship and trust between the groomer and the victim, which the groomer then exploits to commit sexual abuse. From the perspective of Islamic criminal law, groomers can be subjected to hadd punishment if sexual intercourse occurs or ta’zir punishment if only sexual abuse without intercourse takes place. Simultaneously, the Tebing Tinggi Police Resort has carried out its law enforcement function both repressively, through the process of investigation, inquiry, and determination of suspects based on the provisions of Law Number 8 of 1981 and Law Number 23 of 2002, and preventively, through education and outreach programs. Therefore, it is recommended that the Tebing Tinggi Police Resort, the Tebing Tinggi City Government, community institutions, religious leaders, families, and parents enhance their efforts in preventing and handling child grooming comprehensively and continuously.

A novel reservoir simulation model based on physics informed neural networks

Surrogate models are widely used for reservoir simulations in the petroleum industry to improve computational efficiency. However, the traditional surrogate model mainly relies on the data collected from production wells (e.g., well bottom pressure data and well production data) and ignores the physical mechanism of underground fluid flow; therefore, the surrogate model will be invalid in the case of insufficient data samples. In response to these challenges, a Hard-Soft physics informed neural network (HS-PINN) was proposed to simulate pressure fluctuations around producing wells without relying on any labeled data, where two coupled fully connected neural networks were comprised to control the Hard and Soft constraint conditions. Specifically, in the “Soft Constraint” condition, we employ a modified Lorentz function to incorporate underground flow theory and permeability fields into the loss function. Meanwhile, in the “Hard Constraint” condition, we incorporate an enforcement function in the “output layer” to ensure the network outputs satisfy the boundary and initial conditions. To demonstrate the HS-PINN model's robustness and accuracy abilities, we tested it for single and multi-well production in both noisy low-fidelity and high-fidelity geologic reservoir environments, and the HS-PINN prediction errors were less than 1% in both cases compared to simulation results by the commercial software “COMSOL.” Additionally, we assessed the impacts of varying well interference intensities, adjustments in collocation points counts within the control equations, and diverse geological characteristics on model performance to validate the generalization and stability of HS-PINN. Moreover, the HS-PINN-based surrogate model significantly improves the efficiency of uncertainty quantification tasks compared to simulation-based approaches, requiring only 8% of the computational time. The deep-learning surrogate models developed in this work offer a novel and efficient approach for simulating reservoir development.

COMBATING ORGANIZED CRIME IN UKRAINE: CURRENT PROBLEMS AND POSSIBLE SOLUTIONS

This article presents the findings of a state-of-the-art analysis of Ukrainian legislation in the field of combating organized crime. The authors focus on specific features of meeting Ukraine’s obligations under the United Nations Convention against Transnational Organized Crime, as well as implementing the provisions of the National Security Strategy of Ukraine (2020), the Strategy of Safeguarding State Security (2022) and the Strategy for Combating Organized Crime (2020). The special services of some foreign states continue intelligence and subversive activities against Ukraine, try to feed separatist sentiments, and use organized criminal groups and corrupt officials to strengthen their influence. In this context, the authors emphasize the need to safeguard state security by intensifying the fight against terrorism and organized crime, and counteracting the erosion of the state apparatus and local self-government bodies, which occurs due to the spread of systemic corruption in state bodies. The authors conclude that Ukraine lacks a systematic approach to combating organized crime, which is manifested through an inadequate level of interaction among law enforcement agencies in the relevant fields, an outdated and unbalanced regulatory framework for combating organized crime, an imperfect procedure for monitoring the criminogenic situation, a lack of a consolidated objective methodology for assessing threats from organized crime, and a reliance on obsolete forms and methods of combat. These factors aggravate problems related to organized crime and the low level of effectiveness of the fight against it. There is a need to consider the establishment of special bodies combating organized crime and the division of the fight against organized crime into strategic and tactical levels. The authors propose to entrust the fight against organized crime at the strategic level to a special-purpose state body with law enforcement functions.

The relationship between justice and the police: theoretical and practical aspects

The text of the article analyzes approaches to the definitions of the concepts of «justice» and «police». By summarising different views on these concepts, the author proposes to establish a criterion by which they can be distinguished. According to the author, since police and judicial activities overlap in the implementation of the law enforcement function of the state, it is here that the specified criterion should be sought. In particular, it is noted in the work that justice is the sphere of direct implementation of the law enforcement function of the state, the content of which is the resolution of conflicts of legal and illegal interests, the denial of a committed offense and the establishment of the law in legal relations. Instead, the police is appointed to carry out only operational and forceful enforcement of the law enforcement function, i.e. it is only an auxiliary activity in the law enforcement sphere (for example, prevention, detection and recording of certain types of offenses, search and detention of offenders, providing protection from them to individuals and legal entities, ensuring the execution of court orders decisions and sentences, detention of convicts and other types of coercion). The boundaries of such auxiliary activities may be different in different states and even in one state at different times, but this does not change the fact that justice and the police play different roles in the performance of law enforcement functions: the first is the main one, the second is auxiliary. In addition, the article points to the fact that justice is connected exclusively with only one law­enforcement function of the state, and the police is mainly involved in the administrative function. Therefore, the criterion for distinguishing between justice and police, and, accordingly, their concepts, should be determined by what fundamentally distinguishes these state structures, making them different in nature in the system of state power; such a criterion is the nature of the functions of the state to which these phenomena are adapted. The author notes that the police is a special institution of the state, called together with other structures of the executive power to implement the legal order ideally defined by the legislative power in the norms, actually establishing and maintaining this order in society, preventing and suppressing its violations. At the same time, the specificity of the police in relation to other bodies of the executive power is that it acts as a «force» component of the executive power, has the necessary means and skills to use coercion, including forceful physical and armed coercion in order to maintain proper law and order Justice, on the other hand, is called upon to ensure, within the framework of the law enforcement function, the authoritative resolution of contradictions between legitimate and illegitimate interests, denying offences and thus establishing legality and restoring the violated legal order. The sphere of justice includes legal activities related to the establishment of legal facts, the investigation of facts of offenses, the resolution of legal disputes, determination and realization of the responsibility of violators of the law.

Formation of the Industrial Police on the Territory of the Donetsk Coal-Mining Basin (Pre-Soviet Period)

Introduction. Development of the industrial production in the regions becomes possible on condition of attracting the labour resources and creating the appropriate socio-economic conditions, acceptable living, training and leisure opportunities for employees. Solving these tasks results in formation of the industrial clusters and development of the settlements with the city-forming industrial enterprises. The settlements that have emerged as an evidence of the technological progress and as a result of formation of the economic relationships differ from the settlements and cities formed under the dominating influence of the agricultural and commercial sectors. First of all, the differences refer to the intensity of migration flows, quick emergence of the agglomerations consisting of the class-homogeneous labour collectives represented by the proletariat (including the stratum of engineers and craftsmen). For this reason, during formation of the industrial sector in the Russian Empire in the second half of the XIX century, a special kind of internal affairs authorities called the “industrial police” had evolved, which were partly funded at the expense of the extrabudgetary funds of the served enterprises. These practices had spread throughout the Donetsk coal-mining basin, which included an immense territory from the city of Shakhty, Rostov region (former Aleksandrovsk-Grushevskii, Province of the Don Cossack Host) – in the east to the city of Donetsk, Donetsk People's Republic (former Yuzovka, Yekaterinoslav province) – in the west. Nowadays, a scientific study of the industrial police formation process on the territory of Donbass is relevant and especially valuable due to the fact that from 2022 the coal-mining basin has become an integral part of the Russian Federation and because it possesses the vast historical and industrial-production experience of joint development and cooperation of its constituent regions, including in the field of law enforcement activities. Therefore, the paper targets to investigate the process of formation of the industrial police on the territory of the Donetsk coal-mining basin (at the pre–Soviet period).Materials and Methods. The objects of the study were the legal relations referring to the formation and development of the industrial police on the territory of the Donetsk coal-mining basin in the second half of the XIX – early XX centuries. The study was carried out based on the empirical analysis of the history of the law enforcement authorities on the territory of the Donetsk coal-mining basin. While preparing the article, the principle of historicism was applied, historicallegal, dogmatic legal and system-structural methods of scientific research were used. Along with the specific scientific methods of jurisprudence knowledge, the general scientific methods of synthesis, induction and deduction, as well as the comparative, systemic and cognitive methods were used.Results. A scientific concept of the Donbass law enforcement system, which had existed at the turn of the XIX– XX centuries within the Province of the Don Cossack Host and had represented a specific subject of the Russian Empire in the pre-Soviet period, was formed. The regulatory legal acts, which had been the basis for the emergence and development of the industrial police, ensuring protection of the public order and safety, were identified and studied. The historically justified key dates of the Donbass industrial police formation were distinguished and might be used in the moral, psychological and memorial work, demonstrating the unity of the population living on the territory of the Donetsk coalmining basin in the past and future.Discussion and Conclusion. Enforcement of the law is an important part of the law enforcement function of the state and is being ensured across the whole territory of the Russian Federation, including the “new regions” of Russia, which had been previously detached from it in 1991 due to undoing the USSR. Therefore, the research in the historical and legal development of the industrial police of the Donetsk coal-mining basin demonstrates the historical unity of the peoples of Donbass throughout the single state. The conclusions drawn by the authors upon the conducted research directly refer to ensuring the national ideological security of the Russian Federation.

Legal personality of officials of the prosecution authorities in criminal proceedings

In modern criminal procedural science, there is no doubt that the prosecutor and subordinate prosecution officers are participants in criminal proceedings. Separate disputes arise only when discussing the issue of classifying the prosecutor as a party to the prosecution. At the same time, the role and functions of officials of the prosecution authorities in criminal proceedings are not so obvious and unambiguous. Although Part1 of Article37 of the Code of Criminal Procedure of the Russian Federation assigns the functions of supervision and criminal prosecution to the prosecutor, the heads of the prosecution authorities and the employees subordinate to them do not always pursue these goals, and officials of the prosecution authorities do not always act in the status of a prosecutor or public prosecutor. Analyzing the current norms of criminal procedural legislation and comparing them with the actual legal personality of prosecutorial employees entering into relations with participants in criminal proceedings, the author substantiates the conclusion about the necessity to distinguish between two fundamentally different legal statuses of the prosecution officials. The first one is the official status of the prosecutor as the head of the prosecution authority, allowing him to exercise state powers to supervise the preliminary investigation bodies without accepting the additional procedural status of a participant in legal proceedings. The second one is the criminal procedural status acquired by an official of the prosecution authority, including a prosecutor, for a certain period (stage, phase) of criminal proceedings to carry out one of two procedural functions – criminal prosecution (acquires the status of a public prosecutor) or law enforcement function, protection of the interests of an individual, society and the state (acquires the status of other prosecutor or a prosecutor representative).

Functions of judicial enforcement: administrative and legal aspect

Functions of judicial enforcement: administrative and legal aspect

Training of police actions in emergency situations in war conditions

The article expands the theoretical and practical understanding of the state of civil security in the conditions of war and the problems of systematic purposeful training of police officers on actions in emergency situations, as well as organizational measures to solve them. The purpose of the work is to substantiate the scientific and theoretical foundations and develop practical recommendations for the organization of systematic training of police officers for actions in emergency situations in war conditions. The understanding of the tasks of the National Police during the response and liquidation of the consequences of emergency situations has been improved, it is emphasized that in wartime they perform not only purely law enforcement (police) functions, but also the tasks of civil protection of the population. It is proven that in order to ensure the systematicity of this process, the training of police officers in the specified direction should begin from the moment of their education in institutions of higher education with specific training conditions. Outlined forms of acquisition of theoretical knowledge and/or skills by students (cadets) of higher education institutions of the Ministry of Internal Affairs regarding actions in emergency situations. It was established that systematic and purposeful training of cadets (police officers) on actions in emergency situations (on matters of civil protection), in accordance with the requirements of the current legislation, especially in specialty 081 «Law», as well as at the second (master’s) level of higher education in institutions of higher education education of the Ministry of Internal Affairs of Ukraine is not happening now. The inclusion in the educational and professional programs for the training of cadets (police) in specialties 081 «Law», 262 «Law enforcement» at the first and second levels of higher education is substantiated by mandatory components of such educational disciplines as «Life safety», «Civil protection», «Pre-medical training», «Planning and management of civil protection measures».

ОСНОВНЫЕ МЕРЫ ПРЕДУПРЕЖДЕНИЯ ЦИФРОВОЙ ПРЕСТУПНОСТИ

The article presents a general description of the main measures to prevent digital crime. According to the authors, digital (cyber) crimes should include all types of criminally punishable acts committed using modern digital technologies. And since digital technologies are widely used in everyday life, the risk of becoming a victim of a digital crime increases significantly. That is why, in the modern pe-riod of society's development, it is very important to pay attention to the prevention of digital crime. The authors emphasize that the prevention of digital crimes is based on the regulatory regulation of relations in the field of digital technologies. Relying on the current legislation, the subjects of preven-tion ensure the prevention of cybercrime. In the fight against digital crimes, the institute of infor-mation and analytical support is of great importance, which is not limited only to the use of mass me-dia and the Internet. Information and analytical support also involves the use of various information databases, various software aimed at timely receipt of operationally relevant information necessary for the successful prevention and suppression of digital crimes committed. The prevention of digital crime is impossible without carrying out various operational investigative measures carried out by employees of operational units. Engaged in the suppression and disclosure of cybercrime, employ-ees of these units implement the law enforcement function of the state. At the same time, the opera-tional units of the internal affairs bodies have at their disposal both public (open) and secret methods of conducting operational search activities. At the end of the study, the authors emphasize that the suppression and disclosure of digital crimes is multifaceted. Only an integrated, comprehensive approach to the prevention of digital crime can bring effective results and reduce the indicators of this type of crime.

О реализации территориальными органами полиции на районном уровне правоохранительной функции (на примере сферы миграции)

The author has developed and presented the concept of a law enforcement function implemented by the state, and the implementation of this function is considered on the example of the migration sphere. The author declares the need to revise the norm enshrined in part 7 of Article 32.10 of the Administrative Code of the Russian Federation. As organizational measures aimed at identifying and suppressing administrative offenses committed in the field of migration, it is proposed to create operational groups in the territorial bodies of the Ministry of Internal Affairs of Russia at the district level, whose activities should be aimed at the daily implementation of measures aimed at identifying, suppressing, fixing (documenting) administrative offenses, as well as crimes related to migrants.

Реализация правоохранительной функции государства в цифровой среде

The article examines the problem of implementation of the law enforcement function of the state in relation to the digital environment. The author's vision of the problem of the development of law enforcement in the virtual world and, in particular, the creation of specialized bodies that provide cyber security is proposed.

Implications Of Filling The Position Of Attorney General By The President On The Independence Of The Prosecutor's Office In Carrying Out The Functions Of Judicial Power

This research aims to find out and understand the influence of the current mechanism for filling the position of Attorney General on the independence of the Prosecutor's Office in carrying out law enforcement functions. The research results show that The implementation of the mechanism for filling the position of Attorney General who is appointed and dismissed by the President has two consequences. Firstly, it opens up opportunities for intervention in the law enforcement function by the President, carried out with various motives and interests, thus affecting the independence of the law enforcement function of the Prosecutor's Office. The two positions of Attorney General were then held from non-Prosecutor professions and even held by political party cadres which influenced the impartiality and professionalism of the implementation of law enforcement functions by the Prosecutor's Office

The stable relevance of the study of the administrative

The article analyzes the problem of the content of the legal defi- nition of “administrative law enforcement act”. Based on the conducted re- search, the author substantiates that an administrative law enforcement act is a qualified act of a competent entity based on the law, affecting the state of administrative and legal relations, aiming to cause certain legal consequences and expressed in a documented specific legally authoritative command. The author notes that the study of a significant amount of legal literature indicates the absence of a unified approach among scientists on quantitative and qualitative criteria of administrative law enforcement acts. The trend of modern administrative and legal relations and the change of priorities in legal regulation certainly affect the complex of functions of an administrative law enforcement act, which can only be conditionally called a system, which certainly preserves the inter

Functional purpose of local self-government bodies as a subject of ensuring the law enforcement function of the state

Functional purpose of local self-government bodies as a subject of ensuring the law enforcement function of the state

Правовые стимулы и ограничения в механизме регулирования искусственного интеллекта в контексте реализации правоохранительной функции государства

The author offers an analysis of the regulatory legal acts prepared in the Russian Federation over the past four years, regulating the development of technologies using artificial intelligence. The legal basis of the mechanism for regulating artificial intelligence in the context of the implementation of the law enforcement function of the state is revealed.

Реализация функций нотариата в рамках защиты прав участников корпоративных отношений

The article concludes that protection of rights of parties to corporate relations involves manifestation of almost all functions on the notarial system that determine its place in the system of protection of such rights. The human rights function is the key one, the preventive and jurisdictional functions are aimed at prevention of corporate conflicts and disputes, the certification function that is often intertwined with the legal function is used in relation to corporate agreements, corporate acts and transactions performed by parties to corporate relations. The warranty, fiscal, right exercising and law enforcement functions of the notarial system have no special aspects in the sphere of corporate relations.

Вдосконалення системи соціального забезпечення поліцейських як необхідний напрям трансформаційних процесів в Україні

The further development of Ukraine and its formation as a legal and social state are inextricably linked with the development of its state institutions, the effective functioning of which depends on proper support from the state. Social policy is a defining direction of the state’s internal policy and is aimed at ensuring the conditions for a dignified life, free human development, and a high level of well-being. One of the important and necessary state institutions in modern conditions is the National Police of Ukraine. In the system of state bodies, the National Police of Ukraine occupies one of the key positions, implementing the law enforcement function and performing a fairly wide range of tasks to protect the rights and freedoms of citizens, therefore the social protection of the employees of the National Police of Ukraine plays an important role. At the same time, the social welfare of police officers attracts the attention of scientists and practitioners due to the presence of unresolved problems, which creates obstacles on the way to development and stability in society. The creation of an effective system of social security for police officers is one of the main directions of law enforcement reform, which has a certain specificity due to the performance of their professional activities, which are associated with increased risk and danger. The development of a fundamental legislative framework, which must meet the modern requirements of social life and international standards, is the primary task of a successful process of reforming the sphere of social security for employees of the National Police of Ukraine. Special attention should be paid to the issue of social guarantees of police officers, because the system of social guarantees in the National Police bodies is a prerequisite for the activity of the National Police of Ukraine as a whole. Keywords: social protection, social security, wages, wages, monetary support, salary, additional payments, allowances, bonuses, special subjects of labor law, National Police of Ukraine.