Law Enforcement Agencies Of Ukraine Research Articles

Professional Psychological Profile of a Modern Patrol Officer as the Basis of Efficient Official Activities

In today’s conditions of reforming the law enforcement agencies of Ukraine, it becomes relevant to study the psychological aspects of the professional activities of the National Police officers in the context of the fulfillment of their professional duties. The task of improving the psychological support of patrol police units is of particular importance. The aim of the study is to develop and substantiate the professional psychological profile of a modern patrol officer. On the basis of an empirical study, in which 290 police officers of the National Police of Ukraine participated, the main components of the psychogram of a patrol officer, which form a generalized professional psychological profile of a modern police officer, were identified. Having applied theoretical and empirical methods (the analysis and generalization of scientific literature, observation, questioning, psychological diagnostics, expert interrogation, mathematical statistics, and experiment), the theoretical principles of studying the professional activity of patrol officers, the requirements for their knowledge, skills and individual psychological characteristics were outlined. A number of valid multifactorial psychodiagnostic techniques were applied, in particular, in order to study the level and structure of intelligence; to explore creativity; to investigate the features of nervous processes; to identify the character and temperamental features; to study the features of interpersonal interaction. The study determined a list of professionally important qualities that are required for mastering the profession of a patrol officer, as well as psychological contraindications to acquiring this profession.

Analysis of Legislative Supply of Informational and Informational– Analytical Activities of National Police of Ukraine

In the article a number of Laws of Ukraine are analysed, which are the basis for the development of sub-normative legal acts in the field of informational and informational–analytical activities of the National Police of Ukraine, in order to establish a connection between the legal norms and the social relations that are regulated. It is accordingly one of the aspects that will contribute to achieving the highest possible level of law and order in society. As a result of the research, the underlying Laws and Derivatives (Laws based on the fundamental and specific provisions) in this area have been identified. It is proven that realisation and strict observance of the considered legislative norms in the field of informational and informational–analytical support of the activities of the National Police of Ukraine will help to bring the standards of this type of activity to the relevant standards of law enforcement bodies of European states, to ensure effective interaction between separate units of both the National Police of Ukraine, and between the National Police and other law enforcement agencies of Ukraine and European states, and it will also help to build the trust of the European community in the activities of the National Police, which is an extremely important criterion for assessing the activities of law enforcement agencies in Ukraine.

Social issues of the State Border Guard Service of Ukraine personnel management

The article presents an analysis of the results of officers’ survey of the State Border Guard Service of Ukraine (SBGSU), which was conducted to study the current state of solving socially important issues for SBGSU servicemen that may cause staff turnover and problems in SBGSU personnel management. This problem is characteristic not only to SBGSU, but also of other law enforcement agencies of Ukraine and foreign countries. To this end, the works of scientists, data statistics reports from different sources were studied, as well as the survey of 112 servicemen who are serving at the SBGSU in different positions and in different areas of professional activity was conducted. Generalization and interpreting the survey results made it possible to find out about officers’ attitudes to service at SBGSU bodies and to assess the status of social issues solving. It is concluded that such circumstances are one of the main factors that a large number of servicemen do not want to continue contracts for military service at SBGSU after the first contract closure at a young age. It has a great importance for resolving staffing issues and determining which issues should be given greater attention in future, including the legislative level. This is important for search appropriate options for the content of the personnel policy and the social and legal support of SBGSU servicemen. Stability ensuring of the personnel will help to increase the general level of professional skill and correspondingly ensure the security of the state border, increase the effectiveness of counteracting illegal activities, management of the state border security in modern conditions.f the state border security in modern conditions.

СУТНІСТЬ СОЦІАЛЬНО-ЕКОНОМІЧНОЇ ПІДГОТОВКИ В МАГІСТРАТУРІ ВИЩОГО ВІЙСЬКОВОГО НАВЧАЛЬНОГО ЗАКЛАДУ

У статті аналізується необхідність соціально-економічної підготовки в магістратурі вищого військового навчального закладу. Уточнено зміст підготовки магістрів вищого військового навчального закладу у чинних державних стандартах та визначено невідповідність сучасним вимогам до рівня соціально-економічної підготовки військового та наявних можливостей реалізації такої підготовки у вищих військових навчальних закладах України. Визначено перспективи та основні проблеми удосконалення рівня соціально-економічної підготовки в магістратурі вищих військових навчальних закладів.У статті також уточнено поняття та особливості соціально-економічної компетентності як базового аспекту соціально-економічної підготовки військових у ВВНЗ. З’ясовано, що структура соціально-економічної компетентності військового має включати у себе формування економічної грамотності, економічного мислення, загальноекономічної свідомості з урахуванням соціальних орієнтирів.Окреслено основні напрямки покращення соціально-економічної підготовки у системі військової освіти та виховання, удосконалення економічної культури майбутніх військових керівників. До таких напрямків віднесено удосконалення навчальних програм для освітньої кваліфікації магістр вищих військових навчальних закладів з урахуванням соціально-економічної підготовки; посилення уваги до соціально-економічних та гуманітарних дисциплін, які орієнтують магістрів ВВНЗ на засвоєння та оновлення соціально-економічних знань; забезпечення ВВНЗ необхідними засобами навчання та створення у вищих військових навчальних закладах сучасної науково-експериментальної бази за відповідними напрямами наукових досліджень.

Media interaction with law enforcement agencies as a factor in promoting crime prevention in the information sphere

The article considers the main aspects of cooperation between the media and law enforcement agencies of Ukraine in the prevention of crime in the information sphere. It has been noted that the current level of cooperation between law enforcement officials and media professionals in the prevention of crime in the information sphere cannot be described as high. The author’s definitions of interaction between law enforcement agencies and the media are presented, which means «a form of communication between the press services of law enforcement agencies and representatives of the media, by means of which they mutually complement each other and create conditions for the successful functioning of both sides». Attention is drawn to the shortcomings of this interaction, namely, the insufficient legal and regulatory framework, in particular with regard to the clear regulation of these relations; non-operational law enforcement agencies in disseminating information about their activities, incompetence of representatives of press services. Directions for improving the interaction of the law enforcement body with the media are proposed, namely: coverage of the activities of law enforcement agencies, in particular the progress of investigation of criminal offences committed in the information sphere; Accreditation of journalists to law enforcement agencies; Joint charitable actions; Joint issues of columns, joint television and radio programs; conducting «straight lines» and «direct ethers»; carrying out «round tables» on to problems of fight against crime in the information sphere, ensuring public and personal security of citizens; Holding meetings of police officers with editorial teams during which various aspects of the activities of law enforcement agencies, practice of application of laws, problems of police activities are considered. Current common problems of cooperation between law enforcement agencies and the media have been identified, such as: insufficient legal and regulatory framework, in particular, in terms of clear regulation of interaction between law enforcement agencies and the media; Organizational gaps in interaction with the media (there is no well-established practice of authorities responding to publications) insufficient access of journalists to the leadership of law enforcement agencies (it is almost impossible to obtain the necessary comment for the media urgently); non-operational law enforcement agencies in disseminating information about their events (comments on topical topics sometimes appear late in the press services). It is proposed to address the problem of inefficient cooperation between the above-mentioned agencies, such as: the conduct of appropriate exercises by representatives of law enforcement agencies, have been partially implemented, but only in the activities of one law enforcement agency – the police. This should be introduced in all law enforcement agencies. Measures have been proposed to improve the interaction of law enforcement agencies with the media, such as the creation and adoption of a legal and regulatory act that would regulate mutually beneficial provisions of the activities of law enforcement agencies and media workers in the prevention of crime, especially those committed in the information sphere; cooperation of law enforcement agencies it has to be carried out with those journalists who are understood in the sphere of law ̈ that minimizes cases of the wrong interpretation of legal terms and the events connected with it and also distortions of the corresponding facts. Recommendations on interaction with the media are presented, such as: openness and transparency of law enforcement agencies in a modern democratic society; The need to involve experts, both international and national; The need to engage society in discussions and influence on certain issues; Involving direct performers in communication with journalists; To increase their professionalism to journalists and the media.

Media interaction with law enforcement agencies as a factor in promoting crime prevention in the information sphere

The article considers the main aspects of cooperation between the media and law enforcement agencies of Ukraine in the prevention of crime in the information sphere. It has been noted that the current level of cooperation between law enforcement officials and media professionals in the prevention of crime in the information sphere cannot be described as high. The author’s definitions of interaction between law enforcement agencies and the media are presented, which means «a form of communication between the press services of law enforcement agencies and representatives of the media, by means of which they mutually complement each other and create conditions for the successful functioning of both sides». Attention is drawn to the shortcomings of this interaction, namely, the insufficient legal and regulatory framework, in particular with regard to the clear regulation of these relations; non-operational law enforcement agencies in disseminating information about their activities, incompetence of representatives of press services. Directions for improving the interaction of the law enforcement body with the media are proposed, namely: coverage of the activities of law enforcement agencies, in particular the progress of investigation of criminal offences committed in the information sphere; Accreditation of journalists to law enforcement agencies; Joint charitable actions; Joint issues of columns, joint television and radio programs; conducting «straight lines» and «direct ethers»; carrying out «round tables» on to problems of fight against crime in the information sphere, ensuring public and personal security of citizens; Holding meetings of police officers with editorial teams during which various aspects of the activities of law enforcement agencies, practice of application of laws, problems of police activities are considered. Current common problems of cooperation between law enforcement agencies and the media have been identified, such as: insufficient legal and regulatory framework, in particular, in terms of clear regulation of interaction between law enforcement agencies and the media; Organizational gaps in interaction with the media (there is no well-established practice of authorities responding to publications) insufficient access of journalists to the leadership of law enforcement agencies (it is almost impossible to obtain the necessary comment for the media urgently); non-operational law enforcement agencies in disseminating information about their events (comments on topical topics sometimes appear late in the press services). It is proposed to address the problem of inefficient cooperation between the above-mentioned agencies, such as: the conduct of appropriate exercises by representatives of law enforcement agencies, have been partially implemented, but only in the activities of one law enforcement agency – the police. This should be introduced in all law enforcement agencies. Measures have been proposed to improve the interaction of law enforcement agencies with the media, such as the creation and adoption of a legal and regulatory act that would regulate mutually beneficial provisions of the activities of law enforcement agencies and media workers in the prevention of crime, especially those committed in the information sphere; cooperation of law enforcement agencies it has to be carried out with those journalists who are understood in the sphere of law that minimizes cases of the wrong interpretation of legal terms and the events connected with it and also distortions of the corresponding facts. Recommendations on interaction with the media are presented, such as: openness and transparency of law enforcement agencies in a modern democratic society; The need to involve experts, both international and national; The need to engage society in discussions and influence on certain issues; Involving direct performers in communication with journalists; To increase their professionalism to journalists and the media.

PLACE OF THE PROSECUTOR’S OFFICE IN THE MODERN SYSTEM OF PUBLIC AUTHORITIES AND LAW ENFORCEMENT BODIES

Purpose: to determine the place of the prosecutor’s office in the current system of public authorities and law enforcement bodies. Methods: analysis, synthesis, induction, deduction, abstraction, concretization, generalization. Results: author’s conclusions about the place of the prosecutor’s office in the modern system of public authorities and law enforcement bodies. Discussion: the general theoretical approaches to understanding the place of the prosecutor’s office in the modern system of public authorities and law enforcement bodies of Ukraine have been clarified. The author notes that according to the new legislation on the prosecutor’s office and the adoption of amendments to the Constitution of Ukraine in 2016, a gradual implementation of the model of the prosecutor’s office, which presupposes its belonging to the judicial system with some autonomy, is noticeable. It is established that the prosecuting authorities are involved in the exercise of the main function of the judiciary - the administration of justice, but as a representative of the prosecution, that is, there is no neutral position, which is the main feature of the subject of the judiciary. In carrying out the charges in court, the prosecutor actually represents the state in the indictment perspective, fulfills the powers vested in him by law, which is more characteristic of the subject of the executive branch of power. The author argues that an important indication that the prosecutor’s office cannot be part of the judicial branch is its structure and organization with clear vertical subordination and authority. The place of the prosecutor’s office in the system of public authorities is determined by the functions and tasks entrusted to this law enforcement agency and the importance for the state as a guarantor of legality. The lack of a constitutional function of prosecutorial oversight of law enforcement requires state bodies, non-governmental organizations, citizens to understand the new model of its functioning and gradually transfer responsibility to the competent bodies established in the state to ensure law and order. The author emphasizes that a number of reforms of the judicial and law enforcement systems have influenced and changed the role and place of the prosecuting authorities in the system of public authorities. However, the current legislation does not explicitly indicate that the prosecutor’s office belongs to a specific branch of power. Recommendations on determining the place of the prosecutor’s office in the current system of public authorities and law enforcement agencies of Ukraine have been provided.

VICTIMOLOGICAL ASPECTS OF ILLEGAL POSSESSION OF VEHICLES

The purpose of this article is to study the victimological aspects of illegal possession of a vehicle and identify effective measures to prevent crimes of this category in order to implement them into the legal reality of Ukraine. Methodology. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. In the course of the research the generalization, processing and analysis of the obtained results were carried out. The comparative legal method was used in the analysis of current legislation and international regulations; statistical - for the processing of empirical data and in the process of studying statistical material in order to develop a mathematical basis. A special research method used in the article is the method of system analysis. The scientific novelty of the publication is that in connection with the growing number of crimes related to illegal possession of vehicles in Ukraine, as well as the development of new ways of illegal possession, the study of this problem is relevant. The author considers the victimological aspects of illegal seizure of vehicles in Ukraine, in particular: victim behavior of crime victims, victim situations that determine the commission of this crime, victim qualities of victims of crime, victimization of modern Ukrainian society. Based on the generalization of victimological aspects of illegal seizure of vehicles, measures to prevent crimes of this category are proposed. Conclusions. Thus, in order to prevent the illegal seizure of vehicles, it is necessary to analyze the operational situation, as well as criminologically significant features not only of the identity of the offender, but also of the victim. Choosing the most effective measures to prevent illegal seizure of vehicles, it is necessary to constantly study foreign experience and implement in the activities of law enforcement agencies of Ukraine those innovations that once showed a positive result in foreign countries.

ДІЯЛЬНІСТЬ ПРАВООХОРОННИХ ОРГАНІВ ЩОДО ЗАБЕЗПЕЧЕННЯ ПРАВ І СВОБОД ЛЮДИНИ

The results of the study, aimed at revealing the legal framework for ensuring human rights and freedoms as a basis for the activity of law enforcement agencies of Ukraine, and highlighting the role of the National Police in ensuring human rights and freedoms, are presented. The scientific novelty of the study is that, based on the study of international and national regulatory legislation, the essence of the leading definitions related to the protection of human rights and freedoms is specified: «rights, freedoms», «human and citizen's rights», «protected features», «intersectionality», «law enforcement agencies», differentiated the concept of «rights» and «freedom», revealed the specifics of human and citizen rights, systematically analyzed the legal basis of social and legal protection, defined the role of law enforcement agencies, of the National Police of Ukraine in the Protection of Human Rights and Freedoms, outlined ways to increase the effectiveness of law enforcement agencies in ensuring social stability in society. It is established that an in-depth understanding of the essence of human and citizen's rights and freedoms ensures adherence to the democratic course of development of the state, selection of such forms and directions of activity of its human rights bodies and institutions, which ensure the implementation of the principle of guaranteeing the security of a person, which was enshrined in many international documents, received its further development of national legislation. Based on the study of specific regulations, the concept of «protected features» – the characteristics of a person under which there can be no privileges or restrictions in the society (race, color, political, religious and other beliefs, gender, ethnic and social background, property status, place) residence, linguistic or other features), and intersectionality – the totality or inter­section of these features in the context of considering the circumstances of a particular person's life. On this basis, the essence of human rights and freedoms as a general orientation of the state and all its institutions on the equality and fair distribution of public goods and resources is substantiated. It is emphasized that among the state bodies, which are obliged to take measures to ensure the constitutional rights and freedoms of citizens, the National Police plays an important role, which, in comparison with other law enforcement agencies, addresses the most issues related to the protection of human rights and freedoms. It is determined that this human rights structure, unlike others, was created for direct contact with citizens, and therefore the quality of human rights services provided by the state can be directly assessed by each person from his or her own life experience. Accordingly, the public's perception of all other law enforcement activities depends on the quality and efficiency of the work of the National Police.

Development of investigative units of law enforcement agencies in Ukraine in the time of the USSR

Development of investigative units of law enforcement agencies in Ukraine in the time of the USSR

The concept of the legal status of law enforcement agencies

The article is intended to formulate the author’s definition of the concept of the legal status of law enforcement agencies with the subsequent definition of its features. The urgency of the issue outlined in the article is due to the reform processes in the field of law enforcement in Ukraine. The article analyzes different opinions on the definition of «legal status» and «law enforcement agencies». Definitions and some features of law enforcement activity are also analyzed. Emphasis is placed on modern changes in socio- economic and political-legal conditions of law enforcement, the course of our state on European integration, which determine the constant need to reform the law enforcement system to ensure internal security, in accordance with modern social needs and capabilities of the state. It is noted that the country’s law enforcement agencies are key in the system of executive bodies and are a necessary condition for protecting the constitutional order, and ensuring law and order, respect for human and civil rights and freedoms and protection of internal security from internal threats. The structural distribution of the directions of the system of activity of law enforcement bodies is considered: ensuring the internal security of the state; activities for detection, prevention, prevention of crimes and offenses; activities for the protection of internal state security, state border and law enforcement; ensuring internal economic and information security. Each of these areas has its own characteristics that characterize a particular specificity of a body. It is concluded that different conceptual approaches to the legal status of law enforcement agencies in Ukraine are debatable. They can be used for further work towards the formation of a modern effective system of law enforcement, free from duplication of powers and parallelism, based on a modern understanding of their functioning, which is based on the priority of human rights and freedoms, respect for their honor and dignity, security and legal protection.

Досвід і сучасний стан протидії наркозлочинності в Україні

The purpose of the study is to analyze the previous experience and current state in countering drug crime in Ukraine, to study the stages of formation and reform of drug crime counteraction units, to identify further directions for improving the activities of the bodies and units of the National Police of Ukraine in the fight against illicit trafficking in narcotic drugs, psychotropic substances and precursors. Methodology. To study the problems, general and special legal methods were used: comparative and legal, systemic and structural and systemic analysis, methods of scientific knowledge, the use of which is determined by the purpose and objectives of the study. Scientific novelty. The article analyzes the historical preconditions for the formation and the current state of development of units for countering drug crime. A number of theoretical and practical conceptual issues, provisions and conclusions are substantiated that can be useful in the implementation of reforming units for combating drug crime. The article analyzes the legal and regulatory framework governing the professional activities of workers in drug-crime counteraction units. Problematic aspects of prevention and investigation of crimes related to drug trafficking, drug prevention have been studied. In particular, the development of messengers, with the ability to encrypt user data, has led to the fact that over the past few years, drug retail has almost completely gone digital. Each update of such messengers complicates the work of law enforcement agencies due to the use of the latest methods of encrypting information and increasing the level of anonymity of participants in communication. The drawbacks of the current legislation in countering drug trafficking are highlighted. In particular, attention is focused on the lack of effective regulation at the legislative level of mechanisms for blocking or restricting access to Internet resources through which drug trafficking is spread or where there is prohibited content. In addition, criminals are actively making payments for illegal drug transactions, using new ways of relations between the seller and the buyer, for example, they legalize funds derived from crime through operations with crypto currency, with their subsequent placement in offshore companies. It is determined that a special place in the field of combating drug addiction and drug crime is occupied by legal measures that create organizational grounds for improving the activities of professional units of the National Police of Ukraine. Conclusions. Improving the policy in the field of combating drug crime is one of the priority areas of activity of the state authorities and law enforcement agencies of Ukraine. The fight against drug addiction and drug crime is a complex and multi-level process that requires significant efforts, confident and decisive actions. New methods of illegal sale of drugs and modern methods of concealing the facts of involvement in criminal activity are used by offenders, affect the structure and dynamics of crime in Ukraine, which, in turn, necessitates revision the norms of the current legislation of Ukraine and bringing them into line with modern requirements. Units of the National Police of Ukraine are taking active measures to identify online drug traffickers, monitoring and analyzing their messages, conducting operational-search activities aimed at establishing the whereabouts of persons involved in the illegal distribution of drugs. The structure of such groups, which is mostly large and branched, complicates the documentation and prosecution of perpetrators, and the organizers of this business are mostly outside Ukraine. When reforming drug crime units, a system-functional approach should be applied, which will make it possible to optimize their tasks, functions, structure, logistical, organizational, legal and personnel support

Perspectives for Using the Programmatic Approach within the Activities of Law Enforcement Agencies of Ukraine

On the basis of the analysis of the state of research of algorithms and programming of investigative activity in criminalistics, the author has grounded the expediency of applying a programmatic approach to solving typical tactical problems in other areas of law enforcement activities. Theoretical prerequisites for the development of procedural action programs by law enforcement entities in Ukraine (criminal and procedural, operative and search, administrative and jurisdictional) have been determined. The necessity of intensifying scientific researches in the direction of development of branch concepts of tactics of different types of law enforcement activities and their constituent elements (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques and their situational predetermination) has been determined. In particular, the author has determined that the investigator is not the only possible subject of being armed with tactical recommendations in the form of algorithms and programs. The subject matter of the research of criminalistic tactics is not only investigative activity, but also operative and search, judicial and prosecutorial activity in criminal proceedings. Equally important is the tactical completion of administrative activities of law enforcement agencies and, on this basis, the establishment of programs of action by police officers, border guards, National Guard, customs service, etc. in exercising their administrative powers for the protection of public order and state border, actions in emergency situations, administrative cases, etc. The justification of the possibility of applying a programmatic approach within administrative activities of law enforcement agencies is the uniformity of administrative and jurisdictional, criminal and procedural activities, which are covered by a single concept of “law enforcement activity”. It has been established that the programmatic approach can be applied in any sphere of law enforcement activity, if: 1) such activity is situational in nature, and it is possible to perform the tasks arising during the implementation of this activity through consistent implementation of certain actions; 2) there is the need to streamline these activities by providing tactical recommendations in the modern form with the use of computer technologies and the ability to use them directly in the course of action, in “field conditions”; 3) the level of elaboration of theoretical bases of tactics of a specific type of law enforcement activity is sufficient (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques has been elaborated).

Aspects of Studying Self-Adjustment of Mental States of the Employees of Internal Affairs Agencies of Ukraine within Professional Activity

The article is focused on the research of self-regulation of mental states that arise in the employees of law enforcement agencies of Ukraine during the performance of professional activity in the conditions of extreme situations. The relevance of the research is currently increasing due to the need to increase resilience and overcome difficult life situations that often occur in the modern world.
 It has been determined that the professional activity of the employees of law enforcement agencies of Ukraine has its features, which require not only the professional competence of a specialist, but also certain personal qualities, with adaptation to extreme situations.
 The concepts of mental self-regulation, self-regulation and general ability to self-regulation have been analyzed. The basic levels of self-regulation related to professional activity (psycho-physiological, socio-psychological, psychological, spiritual) and corresponding self-regulatory abilities (emotional and psycho-physiological states, activity regulation, personal self-regulation, higher self-regulation ability) have been highlighted. They often occur while law enforcement officers perform their professional duties and lead to the emergence of negative mental states.
 The concept and main characteristics of an extreme situation have been characterized; self-regulation regulatory systems have been listed, which at the same time act as levels of self-regulation that ensures the effectiveness of professional activities of police officers in extreme situations.
 The author has studied methods of psychological influence (autogenic training and its variants, naive methods of self-regulation, the simplest methods of self-regulation, ideomotor training and neuro-linguistic programming), which are necessary for solving the set task.
 The author of the article describes how to possess various techniques of mental self-regulation, which allow to optimize the mental states and behavior of police officers in extreme situations.
 The conducted analysis of the aspect of studying self-regulation of mental states of police officers in professional activities to extreme situations demonstrates the possession of techniques of mental self-regulation and different levels and abilities of self-regulation, which allow to optimize the mental state and behavior of police officers.

Genesis of the Institute of Interaction of the State Border Guard Service of Ukraine with Other Law Enforcement Agencies

The article is focused on the research of historical aspects of interaction between the State Border Service of Ukraine with other law enforcement agencies of Ukraine, which is conditioned by the importance of the tasks assigned to the State Border Service of Ukraine on the security and protection of the state borders, especially in the current conditions of integration of the state into the European space, by reforming a number of law enforcement agencies of Ukraine, the creation of new law enforcement structures and, accordingly, the need to improve existing or establish new cooperation mechanisms of interaction between the above entities. Both general scientific and special methods of scientific cognition made possible to achieveg the set goal and objectives of the study. The central method of the research was the historical and legal method, which allowed to reveal both the historical aspects and the legal basis of interaction of the State Border Service of Ukraine with other law enforcement agencies at different stages. The peculiarities of the interaction of the state border protection agencies with other state entities have been clarified since the V century, when the need for the protection of state borders was first realized and the relevant agencies were created. The author has determined law enforcement agencies that interact with the State Border Service of Ukraine nowadays and the legal basis of such interaction. Particular attention has been paid to the specifics of carrying out interaction of the State Border Service of Ukraine with other law enforcement agencies within the framework of the special border operation “Border”, as well as on the territory of the operation of the joint forces.

ТРАНСНАЦІОНАЛЬНА ОРГАНІЗОВАНА ЗЛОЧИННІСТЬ: РИСИ ТА НАПРЯМИ ПРОТИДІЇ

В статті розглянуто основні риси транснаціональної організованої злочинності, що визначаються широким колом чинників політичного, економічного та соціального характеру, які діють на міжнародному рівні. Надано аналіз характеристик та дефініцій цього явища, визначених у проведених в нашій країні наукових дослідженнях. Проаналізовано чинники, що визначають це явище, у тому числі ті, які пов’язані із процесами глобалізації та сприяють транснаціоналізації злочинності. Виокремлено ключові риси транснаціональних організованих злочинних угруповань, що забезпечують їх виживання та максимізацію злочинних прибутків. Наголошується, що такі угрупування мають складну побудову, ієрархічні моделі, у них чітко виокремлюється управлінське ядро та виконавча периферія. Автор указує, що останнім часом злочинні угруповання, які первинно виникали на фундаменті національної чи етнічної ознаки, об’єднуються, налагоджують взаємні зв’язки та встановлюють певні правила ведення свого злочинного бізнесу, більш-менш прийнятні для різних угруповань. Указується, що корупція в організованій злочинній діяльності розглядається як спосіб досягнення, у першу чергу, ринкових переваг та максимізації прибутку. На підставі проведеного аналізу надано пропозиції щодо удосконалення протидії транснаціональній організованій злочинності. Серед них: 1) активізація роботи правоохоронних органів; 2) адекватність правоохоронних дій реальному стану транснаціональної злочинності; 3) нарощування зусиль у боротьбі з етнічною злочинністю; 4) вдосконалення засобів правової протидії транснаціональній організованій злочинності; 5) подальший розвиток взаємодії правоохоронних органів України із правоохоронними органами зарубіжних країн; 6) вдосконалення системи протидії транснаціональній організованій злочинності та корупції всередині України.

SEPARATE VIEWS ON THE RELATIONSHIP OF SPECIAL TECHNOLOGY OF LAW ENFORCEMENT BODIES AND CRIMINALISTIC TECHNIQUE

The correlation of forensic technology and operational technology among themselves and with special equipment of law enforcement agencies was investigated. It is shown that the constant growth of technical equipment of the law enforcement agencies of Ukraine and the presence of law enforcement structures led to the emergence of independent groups of technical means. It is emphasized that the forensic technique has a special character for its purpose, manifested in the maintenance of the main criminal process to obtain procedural information. It is proved that operational technology, as a section of the theory of operational-search activity and a component of the more general scientific concept of “special technology of law enforcement agencies”, has its own system and correlates with the forensic technique as equivalent categories of legal science. The emergence of a very important means of collecting, accumulating, storing, processing, searching and providing the necessary information is shown - automated information retrieval systems, automated specialized systems and intelligent systems that make up a separate group of special equipment. It is proved that the methodological basis of special equipment is scientifically based tactical techniques, methods and information technology. Special equipment of law enforcement agencies as an interdisciplinary branch of legal science is a system of scientific regulations and recommendations, create conditions for the development of technical tools (forensic, operational, organizational, security), as well as scientifically based methods, techniques and information technology to counter crime law enforcement agencies. The system of special equipment of law enforcement agencies consists of elements that include general provisions and branches of special equipment of law enforcement agencies. Branches of special equipment of law enforcement agencies consist of the main directions of its use in law enforcement, namely: with respect to investigative activities ― forensic technology, operational search activities ― operational technology, administrative activities ― organizational technology. It is proved that the special technique of law enforcement and forensic technology are both common and particular, respectively.

European experience of offense prevention in the information sphere

Offenses in the information sphere are becoming more widespread with the development of information technology. Serious considerations are given to the combination and correlation of corporate regulations of information processing, which are mainly enshrined in confidentiality or security policies, with the requirements of national legislation on civil law, administrative law, and criminal law protection of various categories of information. The article analyzes the most common violations in the information sphere: cybercrime and disinformation, the European experience in combating such violations. Recommendations for law enforcement agencies of Ukraine are proposed, as well as assumption of adoption of legal responsibility for disinformation as a separate kind of information offense is made. The conclusion for the impotence of trainings for staff of the prosecutors and judges in order to enhance their skills in cybercrime proceedings regarding digital evidence collection, transmission and storage is made. This will facilitate the understanding of technical and legal peculiarities of cybercrime proceedings by the staff of the prosecutors and judges. The implementation of the provisions of the Cybercrime Convention in the national legislation of Ukraine will facilitate the efficiency of requests for the preservation of electronic evidence, the provision of information by national Internet service providers, the response to legal aid requests etc., in particular in connection with European evidence-base collection system. Taking into account negative consequences caused by disinformation, in the near future legal liability for this type of information offense can be enshrined by law in the form of a separate offense for systematic intentional distribution of the false, inaccurate or misleading information. Such consolidation will be preceded by comprehensive consideration of technical, legal, sociological and even psychological conditions and the consequences of the dissemination of false information.

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The strategic development of Ukraine as a rule of law, social and democratic state, enshrining in the Constitution of Ukraine the provision on the highest social value of a person, his life and health, honor and dignity, integrity and security requires the formation of new approaches to the protection of human rights and citizens. The main content and focus of the state activities are human rights and freedoms and guarantees for their implementation. The Constitution of Ukraine imposes establishment and assurance of these rights and freedoms on the state in the person of the relevant bodies of executive power as its main duty. Activities to protect the rights and legitimate interests of citizens, individuals and legal entities against unlawful encroachment, ensuring the strict observance of law and public order, the fight against crime and other offenses are called law enforcement activities. Most of the activities on the protection of the rights, freedoms and constitutional freedoms of citizens, their protection against criminal encroachments are carried out by the law-enforcement bodies of Ukraine, which are the largest law enforcement agency in Ukraine. Modern requirements for the activity of law enforcement agencies in Ukraine determine the development of fundamentally new approaches in the analysis of such activities, methods and principles of its implementation, as well as the limits of its impact on the development of public relations in the country. At the same time, a number of issues remain open in the activity of the law enforcement agencies of Ukraine, which, at the theoretical and practical level, receive insufficient attention due to the inability of scientists to cover all relations in which law enforcement agencies are involved and which they influence. One of these problems is to determine the role and place of risks in the combat service of the National Guard of Ukraine (hereinafter - NG) of Ukraine and develop methods for their management in the practical implementation of tasks and functions assigned to the NG in accordance with the current legislation of Ukraine. The problem of risk management in combat service of NG is determined primarily by the search for alternative and new approaches to reducing the level of personnel and material losses in the performance of tasks to combat and counteract crime in Ukraine. The rapid development of science and technology, the emergence of new social relations lead to the emergence of new technical and human resources of criminals to achieve a criminal purpose in their anti-social activities. Traditional remedies for NG workers, including scientific ones, do not always become effective when performing operational tasks, since some of them are morally outdated today, that is, they rely on developments made in the past century.

Доктринальні положення кримінально-правової політики держави у сфері забезпечення воєнної безпеки України

The article provides a scientific analysis of theoretical and practical problems that exist when implementing the criminal-legal policy of the state in the field of the protection of military security of Ukraine. Taking into account the existing challenges and threats facing the Ukrainian, sovereign, democratic state, and before the whole civilizedworld today, the place, tasks and goals of the criminal-legal policy of the state are determined, its role in the sphere of military security of Ukraine is comprehended. The work focuses on the concept and essence of criminal-law policy, clarifies its place and role in the state in counteracting the socially dangerous acts of the present. Attention is drawn to the fact that the state policy in the sphere of counteracting crime, which is being conducted now in Ukraine, should be developed taking into account new scientific developments, theoretical and practical recommendations of scientists, first of all, lawyers. The absence of a holistic, modern concept of the criminal-law policy of the state, as well as the development of the national legislation on criminal liability, leads to inconsistencies and inconsistencies with certain norms of the criminal legislation of Ukraine and other subordinate normative legal acts, including the Basic Law - the Constitution of Ukraine, which, in its turn, entails significant problems in the activity of law enforcement agencies of Ukraine.