Law Enforcement Agencies Of Ukraine Research Articles

To the issue of defining the system of law enforcement agencies of Ukraine

To the issue of defining the system of law enforcement agencies of Ukraine

Functions of law enforcement agencies of Ukraine under martial law

Functions of law enforcement agencies of Ukraine under martial law

Administrative and legal prerequisites for introduction integrity checks in the National Police as one of the stages of reforming law enforcement agencies of Ukraine

Administrative and legal prerequisites for introduction integrity checks in the National Police as one of the stages of reforming law enforcement agencies of Ukraine

The use of a polygraph in the investigation of criminal offences: problems of tactics and legal regulation

The use of a polygraph in the investigation of criminal offences: problems of tactics and legal regulation

The Social and Humanitarian Function of Law Enforcement Agencies under Martial Law

The aim of the study was to determine the place and role of the humanitarian and social function of law enforcement agencies in Ukraine in the context of armed aggression. The research employed comparative law, a doctrinal approach, and legal modelling. The study’s main results were the argumentation of the position that the humanitarian and social function of law enforcement agencies at the current stage includes the following elements. They are promoting the formation of civil society in Ukraine based on social justice; creation of conditions for its further development through the mobilisation of efforts and effective collective interaction. The research findings substantiate the proposition that the peculiarity of the activity of law enforcement agencies is that they are elements of the state mechanism and implement their main functions  law enforcement, and are also the guarantor of ensuring human rights and freedoms in the performance of a humanitarian and social function. The research focuses on an issue that is of urgent importance, both for the practical activity of law enforcement agencies and for further studies.

Combating Economic Crime in Ukraine In Conditions of Sustainable Development

Purpose: The study is devoted to clarifying the system of law enforcement agencies of Ukraine in the field of prevention and counteraction of economic crime, determining the directions of transformation of individual agencies in order to improve the efficiency of their activities in this area. Methods: The methodological basis of the study was general philosophical and general scientific methods of learning phenomena and processes: theoretical generalization, analysis and synthesis, induction and deduction, systematization, analogy, systematization, generalization, bibliometric analysis, modeling. Results and discussion: It was established that economic crimes are threats to the economic security of the state, consisting in the implementation of illegal economic activity (economic processes, relations, operations) or violation of requirements for legal economic activity to satisfy the selfish interests of a person or a group of persons. The specific features of economic crime prevention and counteraction entities that implement the law enforcement function in Ukraine as a component of economic security in conditions of sustainable development are highlighted. The procedure and forms of interaction of law enforcement agencies in the specified area under martial law conditions have been determined. Proposals were made to the legislation to increase the efficiency of the Economic Security Bureau of Ukraine as an analytical law enforcement agency in countering economic criminal offenses. Implications of the research: This research has theoretical and applied significance. From the theoretical side - to determine the essence and content of economic crime, to clarify the system of law enforcement agencies of Ukraine in the field of prevention and counteraction of economic crime. From a practical point of view, proposals of a theoretical, methodological and legislative nature will contribute to the development of the most effective ways of combating crime in this area, will help to understand the place and role of such a law enforcement body with a special status as the Bureau of Economic Security in the specified activity of the state. Originality/value: The tasks of law enforcement agencies in combating economic crimes in the conditions of martial law and hybrid warfare are becoming extremely important in many countries, as they are aimed at ensuring the financing of defense capabilities and ensuring sustainable development. The author's proposals formulated in the research will contribute to the understanding of economic crime, form an idea about the powers and directions of improvement of the activities of law enforcement agencies in combating crime in this area.

Law enforcement bodies of Ukraine

Based on the analysis of legal acts and different opinions of domestic legal scholars, who in their works investigated the issues of the system of law enforcement agencies of the state, determined the prospects for improving the activities of law enforcement agencies, it was established that law enforcement agencies of Ukraine occupy a central place in protecting the rights and freedoms of citizens, ensuring public security and law and order, protection and protection of the state border, protection of the interests of society and the state, and, if necessary, measures of state coercion are applied. Attention is drawn to certain debatable points related to the assignment of this or that state body to the system of law enforcement agencies. The problematic issue is that the law enforcement function, which is used in a broad sense, is used not only for law enforcement agencies, but also for other executive authorities. It was emphasized that one of the problematic issues that researchers pay attention to is the absence of a legislative definition of the system of law enforcement agencies of Ukraine, which leads to numerous scientific discussions, as a result of which some scientists refer to the system of law enforcement agencies as state agencies whose main task is performance of other tasks of the state, at the same time they perform only separate law enforcement works, scientists have proven that in the majority of administrative scientists operate with legislative acts, in which the legislator, based on the specifics of the law enforcement body, indicates that one or another state body is law enforcement body, at the same time there are opposing opinions. It was concluded that until the legislator resolves the issue of defining the system of law enforcement agencies of Ukraine, the aforementioned will affect the ability to properly ensure the rights and freedoms of citizens guaranteed by the Constitution and laws of Ukraine. In order to determine the system of law enforcement agencies of the state, it is necessary to resolve this issue at the legislative level. Specific proposals for improving the activities of law enforcement agencies are offered.

Administrative and legal foundations of increasing the effectiveness of financial control and audit in the field of national security in the context of reforming law enforcement agencies of Ukraine

The paper examines the peculiarities of financial control and audit in the field of national security, on the basis of the analysis of doctrinal and expert approaches, the directions of organizational and legal support for increasing their effectiveness are determined in the context of reforming law enforcement agencies of Ukraine in accordance with European standards and changing the paradigm of national security protection in the conditions of countering military aggression of the russian federation against Ukraine. The problem of improving the mechanism of financial control and audit in the context of reforming law enforcement agencies is considered as a component of activities aimed at forming a new paradigm of national security, the foundation of which should be an effective system of financial and material resource support, based on effective control mechanisms, built taking into account the need to implement standards of the EU and NATO countries, ensuring compliance with one of the main principles of ensuring national security - matching the costs of countering threats with the financial and economic capabilities of the state. The study takes into account the specific conditions in which law enforcement agencies are being reformed, which include the need to concentrate the main efforts of the State on repulsing military aggression against Ukraine, which began in 2014 in the form of a hybrid war and since 24 February 2022 has moved into the phase of an open full-scale military invasion of the Russian Federation, which in turn causes a huge additional burden on the State budget and partly on local budgets, and is aimed at countering a new range of threats to national security. The paper proposes the main directions and reserves for improving the efficiency of financial control and audit in the field of national security and defence through the introduction of new forms and methods of control, which are an element of the programme-targeted budgeting methodology.

The worldview influence on the internal beliefs of law enforcement agents in the context of exercising their discretionary powers

Despite many years of attempts by scholars and practitioners to determine the reason for the extremely low level of public trust in the judiciary and law enforcement agencies in Ukraine and ways to strengthen it, this level is still critical, and therefore there is a need to identify new ways to overcome such a crisis. Seeing such public distrust in the legal right of procedural decision-makers to make decisions based on their internal conviction, the study aims to review and analyse the scientific developments in the field of procedural decision-making by law enforcement agencies based on their internal conviction and to identify the factors which influence such conviction. Analysis, synthesis, and generalisation methods were used in the study of the outlined issues, which were used to process the bibliography of the issues, whereas deductive logical analysis, inductive generalisation and analogy were used to substantiate the results and formulate the conclusions of the study. Based on the study results, it is established that scholars have studied the concepts of worldview and internal conviction of procedural decision-makers separately. It is proved that any internal conviction is based primarily on a personʼs values and worldview orientations which are formed throughout life, primarily in childhood and adolescence. Regardless of the position held by a person, when faced with a problem in professional activity on which the law enforcement entity has already formed an opinion, the latter may make a procedural decision contrary to the actual circumstances of the case and the evidence available in it. The practical significance of this study is that the results obtained may become the basis for changes in the current legislation on the assessment of candidates for positions with discretionary powers, which involves focusing on their value beliefs and worldview

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

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

The significance of the implementation of the standards of the istanbul convention in the context of combating incidents of violence during the implementation of martial state in Ukraine

The article examines the controversial issues that arise during the implementation of the Istanbul Convention’s mandatory norms in the field of combating domestic violence. The author proves the necessity of active application of the main provisions of the Convention in the context of martial law and the state of emergency.
 It is established that by ratifying in 2022 one of the most important international legal acts in the field of human rights protection - the Istanbul Convention - Ukraine, as a signatory State, has undertaken to ensure the proper functioning of the principle of gender equality of women and men in all spheres of social life of a Ukrainian.
 The author analyzes statistical data on registered cases of domestic violence and finds that the number of criminal offenses is increasing every year, despite the introduction of preventive measures in the field of domestic violence by law enforcement agencies of Ukraine. Another concern is the fact that almost a third of those convicted of domestic violence are released from punishment, as courts close criminal proceedings against them.
 The ratification of the Istanbul Convention makes it clear that violence against women and children can no longer be viewed as a personal issue. This problem becomes especially urgent during the period of martial law and the state of emergency, as evidenced by the repeated cases of violence committed by the Russian military against the civilian population of Ukraine. At the same time, as practice shows, not all representatives of Ukrainian society unequivocally support the idea of ratifying the Istanbul Convention during martial law, arguing that Ukraine’s gender policy should be improved after the end of the armed conflict. The author establishes that the issue of implementing the provisions of the Istanbul Convention, despite its ratification, remains complicated due to the prevalence of established moral beliefs of Ukrainians. It is proved that the application of the Convention’s provisions in practice will confirm Ukraine’s European integration views and significantly increase its credibility in the eyes of the international community.

Mechanisms for Ensuring Transparency and Accountability of Police Operations: A Comparative Study

The article aims to conduct a comparative analysis of approaches to the definition and implementation of mechanisms for ensuring transparency and accountability in police operations and to identify best practices. The research used the comparative analysis method, the formal-legal method, and the content analysis method. It was established that principal mechanisms of ensuring transparency in police operations involve providing open access to information through digital channels available to the public; ensuring public participation and control over police activities; implementing interaction with mass media. The principal approach to ensuring the accountability of police operations is the evaluation of police activity. The work proved that enhancing transparency and accountability can be achieved through various mechanisms, including implementing a top-notch electronic platform for citizens, as demonstrated by the UK police website. Adopting the concept of community policing is another effective strategy to promote these principles, as well as utilising social networks for interaction with citizens and carrying out qualitative and quantitative evaluations of police work, such as police effectiveness, efficiency, and legitimacy assessments. The findings of this study have the potential to provide valuable insights for law enforcement agencies in Ukraine and other countries by facilitating the integration of successful practices into their policing operations etc.

International cooperation of law enforcement agencies of Ukraine with the European Border and Coast Guard Agency (Frontex) in countering the challenges of transnational crime and conducting international search for criminals

The article is devoted to the issues of international cooperation of law enforcement agencies of Ukraine with the European Border and Coast Guard Agency (Frontex) to intensify actions aimed strengthening security at own borders, counteracting the challenges of transnational crime and conducting international search for criminals with the help of existing international organizations.
 It is emphasized that Ukraine’s participation in international organizations is an integral part of the state’s foreign policy, which makes it possible to cope with all the negative phenomena and problems that Ukraine is facing in this difficult time.
 The author examines the historical aspects of the establishment and further development of the European Border and Coast Guard Agency (Frontex).
 The author analyzes the role of the European Border and Coast Guard Agency (Frontex) in the process of international search for criminals, which is conducted jointly with law enforcement agencies of Ukraine, since the organization provides assistance in searching for criminals using its powerful technical and resource potential.
 Attention is paid to the aims and objectives of the international organization, the European Border and Coast Guard Agency (Frontex) tointensify actions related to strengthening security at own borders and counteracting the challenges of transnational crime.
 The author analyzes the EUROSUR communication channel used by Frontex as a system for exchanging information on the situation on European borders and in the border area.
 The author also discusses the issues of cooperation between law enforcement agencies of Ukraine and the European Border and Coast Guard Agency (Frontex), which includes assistance in sharing experience and previously acquired skills to overcome negative trends occurring at the borders of Ukraine, to strengthen its own security, to counteract the challenges of cross-border crime and to support national authorities in identifying persons on the international wanted list, which is extremely necessary in such a difficult time.

Improving the information mechanism for the formation and implementation of state policy in the field of law enforcement in Ukraine

The study was devoted to the development of ways to improve the information mechanism as a tool for the formation and implementation of state policy in the field of law enforcement. Based on the results of the study, it was concluded that the information mechanism for the formation and implementation of state policy in the field of law enforcement should comply with the state information policy and be based on the provisions of the Law of Ukraine «On Information». It is noted that the information mechanism of state policy in the field of law enforcement should provide two main areas of law enforcement activities, namely: internal communication, that is, communication within the law enforcement system and external communication, that is, communication with civil society. The levels of organization of interaction between law enforcement agencies at the state level, at the regional level, at the city and district levels are determined. It is concluded that the forms of interaction, as well as concepts, spheres, range of subjects, rights, duties and responsibilities of the participants in the interaction should be enshrined in the law «On the interaction of law enforcement agencies of Ukraine», the adoption of which will improve the efficiency of law enforcement agencies in their functions and tasks.» The components as a result of the development of a new mechanism for the exchange of information between law enforcement agencies are systematized. The main directions of external interaction are proposed, namely: informing the society, shaping public consciousness, drawing attention to a social problem. For the effective use of external communication methods by the subjects of the formation and implementation of state policy in the field of law enforcement, it is necessary to develop a communication strategy for a law enforcement agency, form financial support for the implementation of methods, and establish requirements for the disclosure of information.

Legal principles of international cooperation of the National Police of Ukraine with foreign law enforcement agencies

Rapid integration processes require the establishment of effective cooperation both between governments and between their individual bodies, institutions and organisations in all spheres of society. Law enforcement activity is no exception, since its effective implementation is a guarantee for ensuring the formation of a security space both on the territory of the state and on its borders.
 The central place in the system of law enforcement agencies of Ukraine is occupied by the National Police of Ukraine, which is entrusted with many functions, including effective international cooperation with the bodies and organisations of neighbouring States, partner countries and international organisations. Based on the analysis of the legal literature, it is established that Ukrainian scholars have made attempts to outline the main aspects of international cooperation of the National Police of Ukraine, but insufficient attention has been paid to the legal framework. Therefore, based on a synthesis of theoretical developments of scholars in the context of studying the issues related to international cooperation between the National Police of Ukraine and other States, and an analysis of the provisions of the legal acts regulating the activities and procedure for interaction between the National Police and bodies, institutions and organisations of other countries, this article defines the legal framework for interaction between these entities. It has been stated that any form of international cooperation should be carried out in compliance with the following principles: legality, rule of law, partnership, efficiency, coherence of actions and means used, effective communication, and competence. It has been emphasised that it is fundamental to bring the provisions of national legislative acts in line with international legal treaties, which are the legal basis for international cooperation, in order to prevent any legal conflicts in this area. The article outlines the prospects for further research.

Модернізація діяльності правоохоронних органів України в сучасних умовах

Annotation. The current conditions of law enforcement agencies in Ukraine are extremely complex, which requires increased efficiency in this area. The purpose of this article was to highlight the main directions of modernization of law enforcement agencies of Ukraine. This study was carried out within the limits of the set goal using the following methods: information-analytical method, system approach method, anamnestic method, descriptive statistics method, descriptive analysis method, forecasting method. The specificity of law enforcement agencies' activities in modern conditions is determined by: the introduction of martial law and a change in the qualitative and quantitative composition of crime; globalization and European integration processes and universalization; digitization of law enforcement activities; establishing international cooperation in the fight against crime and ensuring national security. Proposals for improving law enforcement activities should be combined into one document, such as the Program for the Modernization of Law Enforcement Agencies of Ukraine, which will include the following areas: law enforcement agency activities under martial law; provision of socially oriented law enforcement activities; democratization and depoliticization of the law enforcement sphere; improvement of the legal framework of law enforcement activities based on international standards and foreign experience; ensuring the appropriate educational and qualification level of law enforcement officers; implementation of digital technologies and information systems; cooperation with governmental and non-governmental organizations and the public; international cooperation. This study cannot be considered exhaustive, but it opens perspectives in the development of research in this area. In particular, this concerns the establishment of cooperation with governmental and non-governmental organizations and citizens in ensuring national security in the conditions of martial law.

The use of modern information technologies in combating crimes against the environment

The scientific publication is dedicated to researching the possibilities of modern information technologies in combating environmental crime. In particular, individual organizational and technical problems in the context of this topic were analyzed, the best foreign practices of using innovations in the field of environmental protection were outlined, directions for the development and adaptation of information technologies in the detection and investigation of criminal offenses were determined, taking into account the specifics of Ukrainian legislation and the practice of its application, to ensure sustainable and harmonious development of the country's ecological security. Analysis of the experience of countries such as the USA, Canada, Germany, and Great Britain has proven the impact of the latest technologies on the effectiveness of detecting and countering criminal offenses against the environment. It was concluded that modern technologies, including geo-information systems, electronic accounting systems, mobile applications for the public, automated emissions tracking systems, unmanned aerial vehicles and other innovative solutions are able to ensure the transparency of enterprises' activities and the active involvement of citizens in the control process, will allow prompt response to violations , to significantly increase the effectiveness of the actions of law enforcement agencies of Ukraine, in particular, in collecting evidence of illegal activities in the field of the environment. It was emphasized that taking into account the current environmental challenges in our country and the requirements for increasing the efficiency of law enforcement activities, the introduction and improvement of relevant innovative technologies in the field of environmental protection is urgent and expedient. This will not only improve the effectiveness of combating criminal offenses against the environment, but will also stimulate the appropriate attitude of business to environmental standards, while strengthening the public's trust in the actions of power structures.

Problems of prosecution for crimes against environmental security in the conditions of martial state

Purpose. To conduct a study on the problematic issues of prosecution for certain offenses (crimes) related to environmental safety, conduct a study on the criminalization of violations related to environmental safety under martial law. To develop proposals for improving the norms of current legislation in this area. Methodology. The methodological basis of the study is a system of general scientific methods and approaches that provide an objective analysis of the subject under study. Findings. Taking into account the need to properly record the damage caused and obtain an evidentiary base for both national courts and international judicial authorities, it is expedient to urgently develop “Methods for determining damage caused to the natural environment as a result of armed aggression”, which should be approved by a resolution of the Cabinet of Ministers of Ukraine. This will allow obtaining an effective bylaw as quickly as possible. Also, in our opinion, it is expedient to develop the Law of Ukraine “On Establishing Damages Caused by Armed Aggression Against Ukraine” to provide in a broader scope both the appropriate methodology for fixing damages and the circle of authorized persons who can fix such damages. Additionally, it is necessary to provide for the obligation of local self-government bodies to carry out an environmental audit in the territories where hostilities are not taking place, or immediately after their end, with the aim of the fastest fixation of environmental damages and the circle of persons who caused them. Originality. New aspects of the issue of prosecution for crimes against environmental safety in martial law conditions were analyzed on the basis of the analysis of the domestic legal framework, reports and analytical conclusions of representatives of law enforcement agencies of Ukraine, as well as international treaties ratified in Ukraine, and proposals aimed at improving the norms were substantiated current legislation. Practical value. The results of the research are important for legal advisers, practicing lawyers and advocates, teachers and scientists engaged in the research on the relevant issues.

Law enforcement agencies in the system of subjects of human rights protection and defence

Law enforcement agencies are a separate type of public authorities whose main task is to protect and defend the rights and freedoms of citizens through the implementation of preventive, criminal procedural, administrative and jurisdictional, and operational and investigative functions. The list of law enforcement agencies of Ukraine includes: The Security Service of Ukraine, the National Police of Ukraine, the State Bureau of Investigation, the Bureau of Economic Security of Ukraine, the National Anti-Corruption Bureau; the State Border Guard Service of Ukraine, the Military Law Enforcement Service, the National Guard of Ukraine, the State Penitentiary Service; the State Forest Resources Agency of Ukraine, the State Fisheries Agency, etc. It is proved that it is inexpedient to include into law enforcement agencies the state bodies which have control and supervisory or service functions, or which enforce court decisions or carry out professional activities in the human rights sphere (lawyers, the Human Rights Ombudsman, etc.). In order to unify legislative and scientific approaches to determine the characteristics and list of law enforcement agencies, it is concluded that it is necessary to adopt a separate Law of Ukraine "On Law Enforcement Agencies", as well as to make further amendments to the normative acts regulating the legal status of the relevant state bodies.

On the issue of reforming the system of law enforcement bodies of Ukraine

During the entire period of Ukrainian independence, economic, political, judicial, and administrative reforms are constantly taking place in it. Taking into account the fact that law enforcement agencies are called to ensure the protection of citizen’s rights and freedoms, public law and order and security, protection of the interests of society and the state, accordingly, they could not affect the reform of the entire system of law enforcement agencies of Ukraine. It is emphasized that many scientific works of domestic legal scientists are devoted to the issue of researching the formation and development of the law enforcement system, as well as the activities of law enforcement agencies.However, changes in the political Olympus constantly affect the issue of the reform of the state’s law enforcement agencies. During the period of independence, from the day of the proclamation of the Act of Independence of Ukraine in 1991, until today, the reform of law enforcement agencies has undergone several stages of its reformation. The Decree of the President of Ukraine on the Approval of the Comprehensive Strategic Plan for the Reform of Law Enforcement Bodies as Part of the Security and Defense Sector of Ukraine for 2023–2027, issued on May 11 of this year, essentially initiated a new (modern) stage of reforming the country’s law enforcement agencies.It was concluded that the initiated reform of the system of law enforcement agencies will largely depend on the effectiveness of the Cabinet of Ministers of Ukraine, because it is the Government of Ukraine, being the highest body in the system of executive authorities, that together with the relevant state bodies must develop and approve a plan of measures aimed at the implementation of the Comprehensive Strategic the plan for the reform of law enforcement agencies as part of the security and defense sector of Ukraine for 2023-2027, approved by the Decree of the President of Ukraine. Attention is drawn to certain shortcomings of the Comprehensive Strategic Plan for reforming law enforcement agencies.