Law Enforcement Agencies Of Ukraine Research Articles

THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING NATIONAL AND ECONOMIC SECURITY OF UKRAINE

The subject of the study is the institutional, theoretical and methodological aspects of the activities of law enforcement agencies to ensure national and economic security of the state. The methodological foundations of the study of national and economic security in legal science are based on the interdisciplinary nature of this category. The purpose of the study is to determine the role of law enforcement agencies of Ukraine in ensuring national and economic security on the basis of research, analysis of current legislation and practice of its application, taking into account the current conditions in Ukraine. The publication presents the views of scientists on the definition of the concept of "national security of the state" and the participation of law enforcement agencies of Ukraine in its provision. The state, development and ways of reforming the national and economic security of Ukraine are one of the most pressing issues for the state today. It is emphasized that the state legal policy in the sphere of national security is based on the provisions of the Constitution on the defense of the state, on the definition of the strategic development of Ukraine, which is the course towards European and Euro-Atlantic integration. The problems of determining the place and role of law enforcement agencies in ensuring national and economic security of Ukraine are considered on the basis of the analysis of the system of normative legal acts and the results of law enforcement agencies. The main law enforcement agencies that ensure the national security of the state are: the Prosecutor's Office, the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the Security Service of Ukraine, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, the Military Law Enforcement Service in the Armed Forces of Ukraine, the state border protection agencies and others. It is emphasized that all law enforcement agencies of Ukraine indirectly ensure the national security of the state. It is concluded that the system of ensuring national security of Ukraine, built during the years of independence, has shown its unpreparedness to neutralize real threats to national interests during the armed conflict in Ukraine. Therefore, in modern conditions, it is necessary to restructure the system of guaranteeing the national security of Ukraine, improve the legislative framework of Ukraine and the practical activities of law enforcement agencies.

Circumstances to be proved in the investigation of violations of the laws or customs of war

Investigating violations of the laws and customs of war is a relatively new area of activity for law enforcement agencies in Ukraine. Although some experience of such investigations has existed since 2014, the international armed conflict that began on February 24, 2022, identified almost all forms (methods) of violation of the laws and customs of war, which requires a comprehensive analysis and correct understanding of the rules of international humanitarian law that define the rules for participants in armed conflict. The purpose of the research is to define some circumstances to be proved in the course of the investigation of violations of the laws and customs of war and to disclose their content with due regard for the rules of international humanitarian law which determine the specifics of the object of proof in such criminal proceedings. The research employs philosophical (dialectical and hermeneutical), general scientific (systemic, historical, functional), and special scientific (comparative jurisprudence, technical-legal, and interpretation of legal provisions) methods of cognition. The work is based on the provisions of the treaty and customary law of armed conflict, the practice of its application at the national and international level, national law providing for liability for violation of the laws and customs of war, the procedural procedure for investigating criminal offences, and forensic recommendations for investigating particular types of crimes. Based on the results of the research, the author develops several circumstances to be proved in the course of investigation of the laws and customs of war as separate but related to other elements of the object of proof, namely: lawful combatants, combatant's immunity; territorial and time limits of international humanitarian law; legitimate purpose, military necessity. Their content, evidentiary value, and relationship are covered

Law enforcement functions in the activities of the personnel of the State Criminal and Executive Service of Ukraine

The article is dedicated to the theoretical and legal analysis and doctrinal substantiation of law enforcement functions in the activities of the personnel of the State Criminal and Executive Service (SCES) of Ukraine.
 It is noted that the effectiveness of the personnel’s activities depends on its social and legal guarantees, which make it possible: firstly, to maintain the prestige of one or another profession (service), its social weight (role and significance); secondly, to provide personnel and their family members with the constitutional right to a sufficient standard of living for themselves and their families, which includes adequate food, clothing, and housing (Art. 48 of the Basic Law of Ukraine); thirdly, to guarantee the safety of workers and their close relatives.
 The conducted analysis showed that in the conditions of executing by the SCES of Ukraine the task of implementation of the state policy in the field of execution of criminal punishments (during which one of the key criminal and executive principles is ensured – the safety of convicts and personnel), it is quite appropriate for the SCES of Ukraine to belong to the law enforcement sphere, with the exception of educational institutions, which follows from Art. 11 of the Criminal and Executive Code of Ukraine and Art. 6 of the Law of Ukraine «On the State Criminal and Executive Service of Ukraine».
 It was emphasized that the recognition of some institutions of the SCES of Ukraine as law enforcement agencies and the special types of operational and service activities of their employees require increased legal and social protection of the personnel of the SCES of Ukraine, which are guaranteed by the laws of Ukraine «On State Protection of Employees of Courts and Law Enforcement Agencies» and «On the State Criminal and Executive Service of Ukraine».
 It was concluded that the fact of recognition of bodies and institutions for the execution of punishments, remand prisons as law enforcement agencies of Ukraine does not contradict Art. 71 of the European Penitentiary Rules, since this international norm binds the penitentiary department not to law enforcement activities, but to some departments, which, according to the international public opinion, are not compatible with penitentiary practice.
 A caveat has been made that in case of exclusion a law enforcement status from the sphere of activities of the SCES of Ukraine, its personnel will lose the currently existing social and legal protection, which will put them in an increased degree of danger from the specifics of criminal and executive legal relations related to direct contact with convicts and remand prisoners.

TO THE PROBLEM OF USING INFORMATION TECHNOLOGIES IN CRIMINAL PROCEEDINGS

The article is devoted to the analysis of the procedural order for working with information, highlighting the theoretical and legal foundations for implementation, as well as determining the main directions for further improving the criminal procedural legislation, and the like. As a result of the study, several provisions and conclusions were formed regarding the deepening of the theories of criminal procedure and forensic science, the substantiation of proposals for improving the current criminal procedural legislation, the development of modern forensic recommendations (technologies) for the investigation of crimes. We draw your attention to the fact that the high efficiency of crime investigation directly depends on modern information technology support of criminal proceedings. Analysis of regulations and investigative practice of using modern technologies for the use of information in criminal proceedings makes it possible to improve algorithms (forensic techniques) for investigating certain types of crimes. The problems of using information technology support for the investigation of crimes fell into the circle of studies of both foreign and Ukrainian scientists. However, the analysis of normative acts – the existing regulatory framework governing the issues of modern technologies for the use of information in criminal proceedings, allows us to make a preliminary conclusion that in the existing forensic studies, insufficient attention is paid to the use of modern technologies for the use of information in criminal proceedings. With the development of scientific and technological progress, the possibilities of technical and forensic methods and means in the investigation of crimes increase. An indicative situation in this respect was observed in forensic photography; now it is observed: in the use of the capabilities of the Internet, computer technologies (the formation of an element base on ultra-large integrated circuits, ensuring productivity up to 10,000,000,000 operations per second, the presence of artificial intelligence, which significantly expands the capabilities of computers in processing incoming information, the ability of a person to communicate with computers on natural language through speech and graphic exchange of information, etc.), nanotechnology, laser technology, robotics, the use of human intelligence, progress in engineering, medicine, chemical (pharmaceutical) industry, continued automation (workplace, mobile laboratories, etc). Increasing the efficiency of the use of forensic tools and methods is possible only under the condition of a systematic solution of interrelated problems of organization, legal regulation, scientific, technical, and methodological support of this process. It should be borne in mind that there are no “trifles” when cleaning up the traces of crimes with the use of technical and forensic means and methods to uncover and investigate crimes. Thus, during this study, we came to the following conclusions: 1) the dissemination of scientific and technical methods and means in law enforcement activities predetermines further scientific (theoretical) rethinking of legal, organizational, and tactical problems of their use; 2) information support of criminal proceedings, carried out at the present stage of development and reform of law enforcement agencies in Ukraine, requires a wider involvement and application of modern information technologies, and the latest achievements in various fields of science; 3) modern information technology is a complex tool that opens new prospects for application in investigative, operational, expert, advocacy, prosecutorial and judicial activities. Key words: innovation, information, criminal proceedings, crime investigation, modern technologies

Organizational and legal principles of the State Bureau of Investigation activity in the system of law enforcement agencies of Ukraine

The place and role of the State Bureau of Investigation in the modern classification system of law enforcement agencies of Ukraine is analyzed. The essence of the definition of “law enforcement agencies” is established, and the peculiarities of their activities are analyzed. It has been noted that modern law enforcement bodies must be considered as state bodies that function in the general system of public authorities and perform, in accordance with current legislation, relevant functions in various fields of internal and external activity of the state, the purpose of which is to observe and implement the rights and freedoms of citizens, legality and law and order with compliance with the rules and procedures regulated by law within the limits of their competence.
 It has been emphasized that in order to determine whether a state body belongs to the category of law enforcement, it must have certain specific characteristics. The following signs are the state and authority nature of the activity; the right to apply measures of state coercion; execution of special powers to implement the law enforcement function of the state on a professional basis; special material, technical and personnel support of activities; statutory nature of activity; enforceable nature of law enforcement agency decisions, and more.
 It has been established that, despite the short period of activity, the State Bureau of Investigations belongs to the law enforcement agencies of Ukraine by all the above-mentioned features. The powers and functions of the State Bureau of Investigation are analyzed. It has been emphasized that the main ones are solving the tasks of prevention, detection, termination, disclosure and investigation of crimes committed by officials who occupy a particularly responsible position; crimes committed by NABU officials, the Deputy Prosecutor General - head of the Specialized Anti-Corruption Prosecutor's Office or other prosecutors of the Specialized Anti-Corruption Prosecutor's Office; crimes against the established order of military service.

Integrity in the Singapore Police through the prism of anti-corruption programs: legal aspects

The article discusses the use of the category of integrity among Singapore police officers, as well as some aspects of the country's anti-corruption programs that are implemented and operate in conjunction with the rules of integrity and ethical conduct. Since, today in Ukraine, the issue of integrity in the police is becoming relevant, it becomes necessary to study foreign experience in this regard. In view of the above, it is suggested to pay attention to Singapore's experience in using the category of integrity, as it is in this country that both anti-corruption measures and measures aimed at maintaining integrity are successfully combined. The purpose of the article is to study foreign experience in maintaining integrity among police officers on the example of Singapore, which is valuable in the implementation of this category in the law enforcement agencies of Ukraine. The following methods were used: comparative law - to compare the legal provisions relating to integrity and anti-corruption activities; methods of logical and systematic analysis - to highlight the key points of anti-corruption measures in Singapore and maintain good behavior among police officers. Among the factors that support the good behavior of employees is an improved system of selection and recruitment for the police. Also, an important role is given to the process of training police officers. Attention is drawn to the Singapore police training program, which aims to create a negative understanding of corruption as a phenomenon in police officers. The value training introduced for the basic training courses is characterized by the fact that it contains information on the investigation of the actual cases of police officers accused in court of criminal offenses and corruption. Importantly, the Singapore Police Training Program focuses police awareness on the negativity of corruption.

Prospects for the fight and prevention of smuggling crime within the boundaries of Ukrainian legislation

The article is devoted to the research of the current state of work of Ukrainian customs authorities to combat smuggling, the research of measures to prevent and combat smuggling, defined in the Customs Code of Ukraine and other acts of customs legislation. The article also reveals the gaps in Ukrainian customs legislation in the field of combating smuggling and gaps in the work of Ukrainian customs authorities in combating the illegal movement of goods, valuables and other items across the state border, including drugs, weapons, cigarettes and cultural property. The smuggling of such items poses a special danger to Ukraine and the world at large.
 The article emphasizes that combating illegal movement and / or transportation is one of the priorities of the state. The Ukrainian legislation in the field of counteraction to illegal (smuggled) movement of goods, valuables and other objects across the state border is analyzed. It has been determined that the Ukrainian customs authorities of Ukraine are one of the main subjects of counteracting such a crime as smuggling. Particular attention is paid to the legal framework of the customs authorities of Ukraine to combat smuggling.
 The article examines the research and proposals of scientists, as well as the scientific literature on the study of smuggling crime.
 The concept of smuggling and other terms related to this area are also studied. It is emphasized that today the situation with illegal movement of objects across the state border of Ukraine remains quite difficult.
 The conclusion is made about the need to amend the legislation in this area, as well as the need to learn international experience in preventing and combating smuggling. It was also stressed the need to intensify the rule-making process to improve or create new regulations that would improve the activities of state customs authorities of Ukraine in the fight against smuggling, as well as coordinate the work of customs and law enforcement agencies of Ukraine.

ОРГАНІЗАЦІЙНО-ТАКТИЧНІ ЗАСАДИ СПІЛЬНОГО ВИКОНАННЯ СИЛАМИ БЕЗПЕКИ, СУДОВИМИ ТА ПРАВООХОРОННИМИ ОРГАНАМИ УКРАЇНИ СЛУЖБОВО-БОЙОВИХ ЗАВДАНЬ З ПРОТИДІЇ КОНТРАБАНДІ

The issue of the interaction of the security forces, judicial and law enforcement agencies of Ukraine during the performance of official and combat tasks to combat smuggling has been updated. An analysis of modern scientific intelligence was carried out regarding the substantiation of the concepts and features of the organizational and tactical principles of the joint execution of official and combat tasks in the fight against smuggling by the security forces, judicial and law enforcement agencies of Ukraine. It has been established that the existing scientific works reveal the regulatory, legal and organizational aspects of the service and combat activities of the law enforcement forces, however, the issue of substantiating the concepts, principles and features of the organizational and tactical principles of joint implementation by the security forces, judicial and law enforcement agencies of Ukraine on an official basis is still not sufficiently developed ‒ combat missions to combat smuggling. It was determined that the analysis of the regulatory and legal framework of Ukraine and the research of the scientific community shows that there is currently insufficient regulatory definition of categorical concepts, such as «type», «form» and «method» of service and combat activity of security forces, judicial and law enforcement agencies of Ukraine. The development of the organizational and tactical forces of the security, judicial and law enforcement agencies of Ukraine during the performance of official and combat tasks to combat smuggling consists in the further development of such a type of official and combat combat activity as special actions, of such a form as a special operation based on the improvement of compatible methods of official ‒ combat activity during the organization of search-and-strike, isolation-restriction, and defense-security operations. It has been proven that in the future it is appropriate to carry out new research on the improvement of existing types of service-combat activity, as well as forms and methods of performance of service-combat tasks in the field of combating smuggling.

ОСОБЛИВОСТІ ВЗАЄМОДІЇ ПРАВООХОРОННИХ ОРГАНІВ УКРАЇНИ З КРАЇНАМИ ЄС В УМОВАХ ВОЄННОГО СТАНУ

Peculiarities of the interaction of law enforcement agencies of Ukraine with the EU countries in the conditions of martial law. The aforementioned scientific article outlines the issues of ensuring the cooperation of law enforcement agencies of Ukraine with EU countries in conditions of martial law. The theoretical and practical interest in the study of the legal security of military security is primarily related to the socio-economic and geopolitical changes that have taken place around the world in recent years. In modern realities, Ukraine faces many problems, the solution of which is directly related to the identification and analysis of sources of real and potential threats to national interests. The purpose of this article is to study individual forms of cooperation between law enforcement agencies of the EU and Ukraine under martial law. The author comes to the conclusion that the effective functioning of pan-European cooperation of states in the field of expert forensic and operational investigative activities is possible under the condition of constructive and multifaceted cooperation of the Council of Europe and the European Union both at the institutional level of the specified international organizations and within the framework of the activities of individual structures. The practice of applying an arrest warrant, as one of the aspects of mutual recognition of court decisions in criminal cases, has successfully proven that cooperation in the field of justice and internal affairs along the lines of expert-criminological and operational-investigative activities is possible without the harmonization of criminal and criminal-procedural legislation of European states, as well as without the creation of a model pan-European criminal code. The successful application of the European arrest warrant also gave the EU the opportunity to move even further in the direction of mutual recognition of court decisions – to develop several European warrants, including warrants for witness statements and investigations. The European Investigation Warrant is a special mechanism for the execution of one or more investigative measures within the framework of the investigation of crimes in the requested state in order to obtain evidence. Separate legal instruments were integrated into a single normative act, which contributed to the process of codification and progressive development of international law and replaced the traditional system of providing legal aid in criminal cases. The European Union, using new legislative powers in the field of expert forensic and investigative activities, moved to adopt legally binding normative acts that do not require national ratification on the most urgent issues of ensuring security and law and order in the EU.

АPPROACH IN IMPLEMENTATION OF THE MODEL OF LOSS ACCOUNTING AND CONTROL OF RESTORATION OF THE DESTROYED AS A RESULT OF THE RUSSIAN AGGRESSION OF THE REAL ESTATE OF THE PROPERTY OF THE PROPERTY

The concept of development of the digital economy and society of Ukraine puts the development of the digital infrastructure of the state in a key direction. The digitalization of decision-making support processes in the sphere of activity of law enforcement agencies of Ukraine is especially relevant. The urgency of digitalization of the processes of accounting for the destruction of real estate of the Ministry of Defense of Ukraine is due to the conditions of martial law and the nature of hostilities.The proposed architecture of the information-analytical system is aimed not only to implement the functionality of accounting for the degree of destruction of buildings and communications Ministry of Defence, but also to provide a user-friendly interface to experts in terms of developing qualified expert decisions to restore the situation in a short time.The main element of the information-analytical system is the subsystem of information-analytical decision-making support, which generates statistical and analytical data on all objects of Ministry of Defence and forecasts the volume of restoration work on the object of destruction (repair / reconstruction). It is proposed to improve the processes of statistical and analytical data processing and increase the efficiency of forming qualified solutions on the basis of Machine Learning methods.

Legal principles of cooperation between Ukraine and the European Union in law enforcement

The article examines the legal basis of Ukraine’s cooperation with the European Union in the field of law enforcement, identifies its main areas. It is pointed out that the constant interaction between the EU institutions and law enforcement agencies of Ukraine is extremely important at the present stage and contributes to the active fight against transnational crime. The main focus is on Ukraine’s cooperation with EU agencies aimed at combating transnational crime, including the European Union Agency for Law Enforcement Cooperation (Europol), the European Organization for Justice (Eurojust), the European Agency for the Management of Operational Cooperation at External Borders. Of the European Union (Frontex). The main agreements on the basis of which the relevant EU and Ukrainian agencies cooperate are analyzed. It is established that the main areas of cooperation between Europol and Ukraine are the exchange of expertise, general information, results of strategic analysis, information on criminal investigation procedures, information on crime prevention methods, advice and support in individual criminal investigations. An important area of cooperation between Ukraine and Eurojust is the exchange of data, the establishment of joint investigation teams, and the provision of expert and practical support for their activities. The European Agency for the Management of Operational Cooperation at the External Borders of the EU Member States together with the State Border Guard Service of Ukraine combats illegal migration and cross-border crime through border controls, promotes security at the borders between EU member states and Ukraine. It was concluded that Ukraine needs to deepen cooperation between European Union agencies in order to effectively combat crime.

Sickness Rate of Service Dogs in Cynological Centers of Ukraine

Service dogs are an important asset of law enforcement agencies. Therefore, understanding their medical problems, knowing general characteristics such as numbers, age, breed, gender, and purpose is crucial to maintaining their health and readiness to perform complex tasks. Analysis and dissemination of such information is an urgent task for specialists and scientists dealing with the problems of keeping, providing, and veterinary care for service dogs. The purpose of this study was to analyse the results of statistical reports on the incidence of service dogs from 24 regional canine centres of law enforcement agencies of Ukraine. In total, data on 822 service dogs and records of 839 cases of diseases were considered. Data on the number, age, gender, and direction of use of service dogs were also analysed. It was found that internal non-contagious ailments were identified among the diseases. Most of the problems were with the gastrointestinal tract: dyspepsia, alimentary enteritis, and gastritis. It was found that among the diseases of the visual and hearing organs, otitis media and cataracts were most often detected. Traumatic injuries accounted for 16.7% of all records, most of which were classified as wounds. It was found that every seventh disease was related to the skin. Among them, two diseases had a considerable predominance: dermatitis and eczema. Another group was detected with a frequency of more than 5% – parasitic diseases, of which babesiosis was the most common. The study also found that one in twenty animals had diseases of the musculoskeletal system, of which arthritis and hip dysplasia were mainly found. Statistical calculations have shown heterogeneity in the distribution density of dogs, both in relation to the population and the area of the region. Chernivtsi Oblast had the best density indicators, and Zhytomyr Oblast had the lowest. Among service dogs, females have an advantage – sexual differentiation was 1/1.15. An even distribution of the number of service dogs by age was found, ranging from 2 to 7 years, with a weighted average age of 4.9 years. The most common breeds were: German and Belgian shepherds, as well as Labrador. Special and search dogs prevailed for their intended purpose. The practical value of this study lies in the fact that certain patterns of morbidity of service dogs provide an opportunity to change the strategy of their selection, training, and treatment to use this valuable resource more effectively.

DETERMINATION OF THE SUBJECT OF THE LEGAL CRIMINALISTICS RESEARCH OF OFFENCES COMMITTED ON THE OCCUPIED TERRITORY OF UKRAINE

The article is devoted to the analysis of scientific approaches to determining the essence of criminal law and forensic characteristics of offenses committed in the occupied territories of Ukraine. Attention is paid to the need to distinguish such scientific concepts as “criminal and legal characteristics of a certain type of criminal offense”, “criminal and legal characteristics of a group of crimes” and “forensic characteristics”. The problem of forming a criminal-legal characteristic as a system of generalized data on typical signs of criminal offenses, taking into account the connections between elements, is considered. The practical significance of the specified characteristic in the organization of the investigation of offenses committed in the occupied territories of Ukraine, in the construction of methodological recommendations for the pre-trial investigation of this group of criminal offenses is emphasized. Military operations on the territory of Ukraine have been ongoing since 2014. On the morning of February 24, 2022, the troops of the Russian Federation began full-scale military operations against Ukraine. In previous years and immediately after the start of the full-scale invasion, the President of Ukraine and the Verkhovna Rada of Ukraine adopted legislative acts necessary for citizens and the activities of state authorities, in particular the Decree of the President of Ukraine “On General Mobilization”, the Law of Ukraine “On Approval of the Decree of the President of Ukraine «On the Introduction of Military of the State of Ukraine»”, Law of Ukraine “On the Approval of the Decree of the President of Ukraine «On General Mobilization»”, Law of Ukraine “On the Basics of National Resistance”, Law of Ukraine “On the Introduction of Martial Law in Ukraine”, Law of Ukraine “On the Legal Regime of Martial Law”. One of the manifestations of a negative trend in the population centers of Ukraine temporarily occupied by terrorist groups and Russian military units is a significant increase in crime, in particular, particularly serious crimes against the individual, such as intentional murders, robberies, thefts, extortion, etc. The number of murders registered in Ukraine during the period of hostilities over the past 8 years has almost tripled. A criminal case was registered by the military prosecutor’s office, but the site of the incident was not examined, the victims were not examined, and the whereabouts of more than 600 people have not yet been determined. Since February 2022, the number of all categories of offenses has increased sharply. Before the de-occupation of the territory of Ukraine, part of the offenses were considered latent. More than 2 300 personnel of military formations are in captivity of militants, the military of the Russian Federation, and the law enforcement agencies of Ukraine do not know anything about their condition. Comprehensive studies of internal processes, which determine the development of the foundations of the construction of specific methods of investigation of offenses, were not conducted in domestic criminology. Since this process is of a natural nature, there was an objective need to develop methods for solving tasks that are typical for all cases of investigation. Given the complex of perception and fixation, the discovered information should be perceived by the subject of the search in the following directions: a) its potential or real involvement in the cognitive event is clarified; b) its nature and source of acquisition are clarified (people as carriers of ideal and material traces, objects, documents); c) the form of its presentation is determined (verbal, alphanumeric, digital, graphic, magnetic recording, video recording, etc.); d) is decoded in necessary cases, that is, its content and meaning are clarified, translated from one sign system to another using special knowledge and technical means. The received information must be recorded for further storage, analysis and use. In operative investigative activities, recording of information is carried out with the help of procedural means in a mandatory manner and with the help of technical means according to the decision of the investigator. Therefore, the recording of information includes the actions of the relevant subject of the investigation, aimed at procedural, technical-forensic or operational consolidation and certification of the received information (in some cases, together with its carrier) in accordance with the procedure established by law and by-laws for the purpose of further research, preservation and use.

Criteria for Establishing the Status of Law Enforcement Officers under Criminal Legislation of Ukraine

The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceed power or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of division of their system are described. The criteria for determining the status of law enforcement officers are established, and the features that distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in the Criminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. The concepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcement powers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation are also investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal law scholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided.

MODERN CHALLENGES OF THE LAW ENFORCEMENT SYSTEM DEVELOPMENT IN UKRAINE AND ORGANIZATION OF ITS FUNCTIONING

The article is devoted to the scientific study of the problem of finding ways to form a modern theoretical and legal model of administrative and legal principles of law enforcement in Ukraine with the selection of the most significant, under the current conditions of law enforcement and the current political and legal environment. The system of law enforcement agencies in Ukraine is considered as a functional integrity of law enforcement agencies and the links between them. This system is considered in structural and functional sections, which are closely related. The structural breakdown of the law enforcement system in Ukraine reflects its elements and the links between them. The functional section of the law enforcement system in Ukraine reflects the activities of the relevant bodies, as well as determines their place in the system of national security agencies as a system of the highest order. In particular, law enforcement agencies are classified as security and defense. The current challenges of the law enforcement system development in Ukraine and the organization of its functioning are: its complexity due to the large number of subjects of law enforcement functions; problems of interaction between the subjects of law enforcement and between these entities and other entities that are not covered by the system under study. Perspective directions of law enforcement bodies system development in Ukraine are determined by: 1) unification of the legal status regulations of law enforcement subjects activity in accordance with the direction of law enforcement activity carried out by them; 2) development of scientific research on law enforcement individual subjects; 3) development of interaction between specific subjects of law enforcement; 4) determining the optimal ratio of unification and differentiation of administrative and legal regulation of organization and activities of the law enforcement system in Ukraine.

Інтеграція жінок до силових структур в Україні: соціологічний вимір

The article reveals the main trends in the process of feminization of law enforcement agencies in Ukraine, the sociological study describes the features and contradictions of women’s professional activities in force structures and the state of gender stereotypes and guidelines of men and women in law enforcement agencies. The article aims to identify the socio-psychological consequences of increasing the number of women in force law enforcement agencies and the nature of the relationship between the formed views on the role and place of women in law enforcement agencies and the relationship between women and men in this professional environment. To achieve this goal, a sociological survey was conducted, during which 784 employees of law enforcement agencies of Ukraine were interviewed (46.9 % women; 52.7 % men). The novelty lies in the definition of the main types of sexism in the professional environment of law enforcement agencies, it is also established that in modern conditions of formation of the gender structure of Ukrainian law enforcement agencies, stereotypes and directives based on patriarchal notions are predominant in employees of both genders that determine the recognition of lower and more limited professional abilities of female employees, and in this regard, their auxiliary (contractual) role position in all types of professional activities of law enforcement agencies. At the same time, the tendency of transformation of gender stereotypes and attitudes is revealed, which is determined by the strengthening of egalitarianism and weakening of traditional stereotypes and attitudes of employees of both sexes. It was found that the resource of gender tolerance (when the respondent clearly indicated that gender does not matter) in force structures is in the range of 40-60 %, depending on the question. Respondents (both men and women) showed situational gender flexibility, using both traditionally male (masculine) and female (feminine) models in assessing the professional environment of law enforcement agencies for gender equality. It is determined that women rate their abilities, competence, efficiency in force structures higher than men. Characterization of the processes of feminization in force structures is necessary to make timely and adequate efforts to remove or mitigate the emerging contradictions.

Whether the possibilities of interrogation as a form of shaping evidence in criminal proceedings have been exhausted?

The article analyzes the formation of the institution of interrogation as an investigative action, which is a procedural way of obtaining information from an interrogated person about the circumstances of a criminal offense. The process of legislative development is highlighted, by which the investigator’s relationship with the person being interrogated are controlled. The kind of regulation also depends on latter’s procedural status (witness, victim, suspect, accused). It is noted, that now created reliable legal safeguards to protect the rights and interests of the interrogator, appropriate scientific recommendations for the use of tactical interrogation techniques to obtain complete and objective testimony as sources of evidence have been developed. Recently, problematic issues like relation of interrogation and procedural interview, which scientists and practitioners have been paying a certain amount of attention to, were discussed. Attention is drawn to the lack of unanimity in the definition of the procedural interview. The inadmissibility of calling such an interview a procedural action is emphasized, since it is not enshrined in the current CPL of Ukraine as a procedural action. It has been proven that the structure of the procedural interview, which is proposed by certain authors, fully coincides with the structure of interrogation as an investigative action. The expediency of the study of foreign experience in detection and investigation of crimes, its comparison with the current practice of law enforcement agencies of Ukraine and, in the board of actual expediency, the introduction into the activities of investigative and operational units of law enforcement agencies is stated.

Theoretical and applied problems of counteracting organized groups and criminal organizations that are formed on an ethnic basis in Asia, Africa and Australia

Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations formed on an ethnic basis is impossible without understanding the essence of this problem, relevant statutory concepts and classification and separation of features of organized ethnic crime, which are important for law enforcement and the main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. It is stated that today among domestic scientists there are no comprehensive studies of organized groups and criminal organizations, which are formed on an ethnic basis. At the same time, such comprehensive studies are absent in European and American. researchers. Although the latter have positive isolated changes in this area. The main attention and efforts of researchers are attracted to large-scale organized ethnic groups. Based on a comparative legal study of foreign experience in Asia, Africa and Australia in combating crimes committed by organized groups and criminal organizations formed on an ethnic basis, the possibilities of introducing positive foreign experience in the work of law enforcement agencies of Ukraine have been identified. It is noted that the importance of our scientific intelligence, first of all, is that in practice, law enforcement agencies engaged in combating organized groups and criminal organizations that are formed on an ethnic basis, had the opportunity to have an idea of ​​this negative phenomenon. The article also emphasizes the peculiarities of collecting, analyzing, accumulating and storing information exchange for its convenient and effective use by law enforcement agencies of different countries in detecting, documenting and investigating crimes committed by organized groups and criminal organizations formed on an ethnic basis.

Conditions conducive to the domestic violence against the elderly based on the judicial and investigative practice of Ukraine

The purpose of the article is to identify the causes and conditions that contribute to the commission of domestic violence against the elderly, as well as the possible consequences of this phenomenon. The article dedicated to exploring the facts of abuse of family members to the elderly. The authors use general and special methods that allow obtaining scientifically based conclusions and suggestions, such as analys, comparison, classification, grouping method, dialectical and forecasting method. In particular, the practice of law enforcement agencies of Ukraine was analyzed and it was established that murders can be the ultimate negative consequence of domestic violence. It was determined that different criteria are used in determining the age category of the elderly in different countries, and therefore, the authors took as a basis the category of women over 55 and men over 60. In this study, the terms "elderly person" and "old people" are used interchangeably. The analysis of the legislation of foreign countries allowed to single out the problematic issues of legal qualification of the facts of domestic violence committed against the elderly, as well as the reasons and conditions that contribute to its commission.

Мережевий додаток безпечного обміну інформацією (SIENA) як інструмент у протидії кримінальним правопорушенням

The article is devoted to the establishment of cooperation relations between law enforcement agencies of Ukraine and Europol; the use of a network application of secure information exchange (SIENA), during the exchange of operational and strategic information. The problematic issues of the implementation of measures of international cooperation in the exchange of information between law enforcement agencies of Ukraine with Europol, while countering a criminal offense are considered. The main mechanisms for regulating the procedure for establishing, putting into operation and operating a secure communication line for the exchange of information between law enforcement agencies of Ukraine and Europol are disclosed. Disclosed the normative and legal content of the category “secure exchange of information”. Taking into account the goals, the author set himself the following tasks: to analyze the mechanism for the safe exchange of information, securing the right of law enforcement agencies of Ukraine to cooperate with Europol; consider theoretical doctrinal approaches to justify the general obligation of states to cooperate with each other. The analysis of the mechanism for the exchange of operational and strategic information in the implementation of interaction between the law enforcement agencies of Ukraine and Europol is carried out. The author substantiates the expediency of using the Secure Information Exchange Network Application (SIENA) as the main tool for the exchange of operational and strategic information while countering international crime. The article analyzes the statistics of Europol regarding the number of application messages (SIENA) exchanged between interested parties (including requests, responses to information, etc.). Examples of joint operations that have been successfully implemented with the help of modern tools of law enforcement agencies of the member states of the European Union are given. The problematic issues of the exchange of operational and strategic information using the network application (SIENA) between the law enforcement agencies of Ukraine and Europol are considered. Suggestions were made to improve the use of Europol instruments in the exchange of information.