Pub Date : 2023-02-10DOI: 10.56215/naia-chasopis/1.2023.28
Yuliia Komarynska, Pavel Poliаn
Violence by family members is not only systematic, but is also characterized by an increase in its intensity, aggression, and the victim's sense of impunity and inability to resist leads to serious criminal and legal consequences. Even when criminal offenses that result in injury or death are detected, it is not always possible to establish their connection to domestic violence. This situation can be avoided by following a defined, scientifically based structure of actions. Therefore, today there is a need to develop algorithms for investigator's actions during the investigation of criminal offenses resulting from domestic violence. That is why in this article the author aims at identifying the interdependent elements of the criminal investigation process. To achieve this goal, the author used the methods of analysis, synthesis and questionnaire, the method of decomposition, and the special legal method. As a result, this work has made it possible to substantiate the expediency of dividing the investigation methodology into nine mandatory structural elements. The completeness of such elements depends on the investigative situation, the specific type of criminal offense committed, the form of criminal plans implementation, the identity of the offender (either a person who commits systematic domestic violence or a person who is a victim of such violence or a witness thereto), the presence or absence of previous experience of the offender's illegal behavior, and the place of the criminal offense (rural area or a large city environment). The author substantiates the need to include such structural elements as "interaction with state and public authorities, institutions and organizations on preventing and combating domestic and gender-based violence" and "preventive activities of an investigator in criminal proceedings related to domestic violence" in the structure of the methodology. It is also determined that the effectiveness of the methodology is determined by the interdependence of investigative (detective) actions, compliance with the stages of the investigation and timely involvement of relevant specialists. Such elements, if properly sequenced and combined, form the methodology for investigating this category of criminal offenses. The practical value of the work lies in the formation of an effective program, planning of the investigator's actions not only to establish the circumstances of the incident, but also to establish the causal relationship between domestic violence and other criminal offenses.
{"title":"Criminal offences related to domestic violence: Structure of the investigation methodology","authors":"Yuliia Komarynska, Pavel Poliаn","doi":"10.56215/naia-chasopis/1.2023.28","DOIUrl":"https://doi.org/10.56215/naia-chasopis/1.2023.28","url":null,"abstract":"Violence by family members is not only systematic, but is also characterized by an increase in its intensity, aggression, and the victim's sense of impunity and inability to resist leads to serious criminal and legal consequences. Even when criminal offenses that result in injury or death are detected, it is not always possible to establish their connection to domestic violence. This situation can be avoided by following a defined, scientifically based structure of actions. Therefore, today there is a need to develop algorithms for investigator's actions during the investigation of criminal offenses resulting from domestic violence. That is why in this article the author aims at identifying the interdependent elements of the criminal investigation process. To achieve this goal, the author used the methods of analysis, synthesis and questionnaire, the method of decomposition, and the special legal method. As a result, this work has made it possible to substantiate the expediency of dividing the investigation methodology into nine mandatory structural elements. The completeness of such elements depends on the investigative situation, the specific type of criminal offense committed, the form of criminal plans implementation, the identity of the offender (either a person who commits systematic domestic violence or a person who is a victim of such violence or a witness thereto), the presence or absence of previous experience of the offender's illegal behavior, and the place of the criminal offense (rural area or a large city environment). The author substantiates the need to include such structural elements as \"interaction with state and public authorities, institutions and organizations on preventing and combating domestic and gender-based violence\" and \"preventive activities of an investigator in criminal proceedings related to domestic violence\" in the structure of the methodology. It is also determined that the effectiveness of the methodology is determined by the interdependence of investigative (detective) actions, compliance with the stages of the investigation and timely involvement of relevant specialists. Such elements, if properly sequenced and combined, form the methodology for investigating this category of criminal offenses. The practical value of the work lies in the formation of an effective program, planning of the investigator's actions not only to establish the circumstances of the incident, but also to establish the causal relationship between domestic violence and other criminal offenses.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"294 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115075010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-06DOI: 10.56215/naia-chasopis/1.2023.18
J. Zatko, A. Sakovskyi, Yurii Prykhodko
The problem of demining territories is very painful and relevant for all mankind, and especially for those countries that were in a state of armed confrontation or military conflict, because all civilians and soldiers, children and adults suffer from the unauthorized explosion of an explosive object. The purpose of the article is to conduct a well-founded and meaningful research in accordance with the specified topic, namely, regarding the activities of the countries of the world regarding the effective clearance of territories from explosive objects. During the scientific research and writing of the article, comparative, terminological, system-structural, statistical, dialectical, logical special and general scientific methods of scientific knowledge were used. In particular, the results of mine countermeasures of different countries of the world were specified using a comparative method; the system-structural method determines the sequence of presentation of the material from general information to more specific information; the statistical method was used for the analysis of actual data regarding the calculations of the features of mine action in various countries of the world in relation to Ukraine. The article proposes ways to implement mine countermeasures in Ukraine, taking into account world experience and features of the state's readiness for demining. The definition of the concept of mine action has been formulated. It was established that all mine action activities must be regulated in accordance with international legal acts. An analysis of the financial costs of mine action was carried out. It has been determined that it is necessary to conduct negotiations with specialized foreign organizations that would help organize the work on cleaning the territory of the state from explosive objects. The information presented in the article should be useful for scientists and practitioners studying the problems of mine action
{"title":"Peculiarities of legal regulation of mine action in the country (based on modern international experience)","authors":"J. Zatko, A. Sakovskyi, Yurii Prykhodko","doi":"10.56215/naia-chasopis/1.2023.18","DOIUrl":"https://doi.org/10.56215/naia-chasopis/1.2023.18","url":null,"abstract":"The problem of demining territories is very painful and relevant for all mankind, and especially for those countries that were in a state of armed confrontation or military conflict, because all civilians and soldiers, children and adults suffer from the unauthorized explosion of an explosive object. The purpose of the article is to conduct a well-founded and meaningful research in accordance with the specified topic, namely, regarding the activities of the countries of the world regarding the effective clearance of territories from explosive objects. During the scientific research and writing of the article, comparative, terminological, system-structural, statistical, dialectical, logical special and general scientific methods of scientific knowledge were used. In particular, the results of mine countermeasures of different countries of the world were specified using a comparative method; the system-structural method determines the sequence of presentation of the material from general information to more specific information; the statistical method was used for the analysis of actual data regarding the calculations of the features of mine action in various countries of the world in relation to Ukraine. The article proposes ways to implement mine countermeasures in Ukraine, taking into account world experience and features of the state's readiness for demining. The definition of the concept of mine action has been formulated. It was established that all mine action activities must be regulated in accordance with international legal acts. An analysis of the financial costs of mine action was carried out. It has been determined that it is necessary to conduct negotiations with specialized foreign organizations that would help organize the work on cleaning the territory of the state from explosive objects. The information presented in the article should be useful for scientists and practitioners studying the problems of mine action","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122978644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.56215/naia-chasopis/1.2023.09
V. Tymoshenko, Serhii Bondar, N. Ivanchuk
In this article, the authors examine the freedom of a person as a subject of law, comparing it with the freedom of an individual, which is regulated by moral imperatives. They analyze the various components of the personality structure – volitional, rational and valuable. The relationship between the concepts of “freedom” and “right” is highlighted, the connection between legal responsibility and freedom is traced. The role of individual legal awareness in ensuring human freedom is determined. The relevance of the article is determined by the need to justify ways of ensuring freedom in the state, creating mechanisms for overcoming contradictions between freedom and necessity, freedom and equality. For this, it is necessary to examine freedom from the point of view of law. The purpose of the study is to clarify the status of freedom as a legal category, to specify its essence, place and meaning in legal science, to characterize the current trends in the development of this phenomenon. The methodological basis of the article consists of dialectical, phenomenological and synergistic approaches, as well as the following methods: formal-dogmatic, comparison, formal-logical, formal-legal, systemic and structuralfunctional. The authors of the article reached the following conclusions: individual freedom differs from human freedom, which is impossible without law, without a legislative form of its implementation. From the point of view of law, freedom is the possibility of certain human behavior legally enshrined in normative acts. The law is an effective tool that helps the individual (community, society in general) achieve a state of true freedom. Human freedom can only be realized through legal equality. Unlimited freedom turns into arbitrariness and leads to totalitarianism. Freedom presupposes the responsibility of a person for his actions. There is a close connection between freedom, law, equality, justice, legal consciousness and legal responsibility. The scientific novelty of the article is determined by the conclusions, which consist in the development of a holistic view of the place and role of human freedom in the system of legal categories and the role of law in ensuring it
{"title":"Human freedom in the legal dimension","authors":"V. Tymoshenko, Serhii Bondar, N. Ivanchuk","doi":"10.56215/naia-chasopis/1.2023.09","DOIUrl":"https://doi.org/10.56215/naia-chasopis/1.2023.09","url":null,"abstract":"In this article, the authors examine the freedom of a person as a subject of law, comparing it with the freedom of an individual, which is regulated by moral imperatives. They analyze the various components of the personality structure – volitional, rational and valuable. The relationship between the concepts of “freedom” and “right” is highlighted, the connection between legal responsibility and freedom is traced. The role of individual legal awareness in ensuring human freedom is determined. The relevance of the article is determined by the need to justify ways of ensuring freedom in the state, creating mechanisms for overcoming contradictions between freedom and necessity, freedom and equality. For this, it is necessary to examine freedom from the point of view of law. The purpose of the study is to clarify the status of freedom as a legal category, to specify its essence, place and meaning in legal science, to characterize the current trends in the development of this phenomenon. The methodological basis of the article consists of dialectical, phenomenological and synergistic approaches, as well as the following methods: formal-dogmatic, comparison, formal-logical, formal-legal, systemic and structuralfunctional. The authors of the article reached the following conclusions: individual freedom differs from human freedom, which is impossible without law, without a legislative form of its implementation. From the point of view of law, freedom is the possibility of certain human behavior legally enshrined in normative acts. The law is an effective tool that helps the individual (community, society in general) achieve a state of true freedom. Human freedom can only be realized through legal equality. Unlimited freedom turns into arbitrariness and leads to totalitarianism. Freedom presupposes the responsibility of a person for his actions. There is a close connection between freedom, law, equality, justice, legal consciousness and legal responsibility. The scientific novelty of the article is determined by the conclusions, which consist in the development of a holistic view of the place and role of human freedom in the system of legal categories and the role of law in ensuring it","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133640026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Given the rapid pace of informatization of society, the number of criminal offences involving the use of computers, their software, as well as telecommunications systems is continuously growing. Such illegal actions are characterized by leaving traces, including electronic imagery. They can be evidence of the commission of criminal offences, which explains the development and improvement of methods for their detection, collection, and investigation by law enforcement agencies. However, today such methods of detecting, collecting, and investigating electronic imagery of evidence are separately contained in several scientific papers of Ukrainian and foreign scientists, which allowed comprehensively covering them in this study. The purpose of this study was to review the theory and practice of the activities of authorized entities for the detection, collection, and investigation of electronic imagery of evidence. The study uses a set of various methods, namely scientific cognition of real phenomena and their connections with the practical activities of authorized bodies for the detection, collection, and investigation of electronic imagery (dialectical method), as well as special and general scientific methods of legal science. The study showed as follows: usually, investigators and operational officers detect electronic imagery independently, or as part of an investigative task force during the investigation of criminal offences, or before their commission; the collection of electronic imagery occurs during procedural actions (usually law enforcement intelligence actions) both from technical devices with which a criminal offence was committed, and from those that were attacked. When extracting electronic imagery, it is advisable to involve a suitable specialist (if possible, a cyberpolice officer); an authorized investigator, specialist, and expert are authorized to examine electronic imagery. Expert research of electronic imagery belongs only to experts and is carried out using the following examinations: computer equipment and software products, telecommunications systems and tools, as well as technical and forensic examination of documents. The conducted review will help authorized practitioners restore the memory of knowledge about information about the tools for detecting, collecting, and investigating electronic imagery, which will ensure the effective implementation of the tasks of criminal proceedings
{"title":"Identification, collection, and investigation of electronic imagery as sources of evidence","authors":"V. Khakhanovskyi, M.S. Hrebenkova","doi":"10.56215/04221204.28","DOIUrl":"https://doi.org/10.56215/04221204.28","url":null,"abstract":"Given the rapid pace of informatization of society, the number of criminal offences involving the use of computers, their software, as well as telecommunications systems is continuously growing. Such illegal actions are characterized by leaving traces, including electronic imagery. They can be evidence of the commission of criminal offences, which explains the development and improvement of methods for their detection, collection, and investigation by law enforcement agencies. However, today such methods of detecting, collecting, and investigating electronic imagery of evidence are separately contained in several scientific papers of Ukrainian and foreign scientists, which allowed comprehensively covering them in this study. The purpose of this study was to review the theory and practice of the activities of authorized entities for the detection, collection, and investigation of electronic imagery of evidence. The study uses a set of various methods, namely scientific cognition of real phenomena and their connections with the practical activities of authorized bodies for the detection, collection, and investigation of electronic imagery (dialectical method), as well as special and general scientific methods of legal science. The study showed as follows: usually, investigators and operational officers detect electronic imagery independently, or as part of an investigative task force during the investigation of criminal offences, or before their commission; the collection of electronic imagery occurs during procedural actions (usually law enforcement intelligence actions) both from technical devices with which a criminal offence was committed, and from those that were attacked. When extracting electronic imagery, it is advisable to involve a suitable specialist (if possible, a cyberpolice officer); an authorized investigator, specialist, and expert are authorized to examine electronic imagery. Expert research of electronic imagery belongs only to experts and is carried out using the following examinations: computer equipment and software products, telecommunications systems and tools, as well as technical and forensic examination of documents. The conducted review will help authorized practitioners restore the memory of knowledge about information about the tools for detecting, collecting, and investigating electronic imagery, which will ensure the effective implementation of the tasks of criminal proceedings","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127309560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
use of unmanned aerial vehicles in the detection, investigation, and prevention of criminal offences. The purpose of this study was to investigate topical issues of using UAVs in two aspects – as a technical forensic tool and as a tool and means of committing a criminal offence. The research methodology included a set of general scientific and special methods that allow assuming and concluding on the specific features of using a UAV in the detection, investigation, and prevention of criminal offences. Thus, this study was based on a diagnostic method for cognition of social and legal phenomena and concepts in their development and interdependence. Along with this, general and special research methods were used, namely comparative legal, system-structural, statistical, logical, and other modern methods of scientific cognition. The theoretical framework of this study included studies of scientists and practitioners in the field of criminal procedure and forensics. The regulatory framework of the study included the norms and provisions of current regulations and their practical implementation in the law enforcement sphere. The study examined topical issues related to the UAV as a modern technical forensic tool and object of forensic research. The paper considered certain aspects and features of the use of UAVs in the detection, investigation, and prevention of criminal offences. To this end, various aspects of the use of UAVs as modern technical forensic tools were comprehensively analysed, distinguishing theoretical foundations of application, statutory regulation, organizational, technological, and scientific-methodological support. The features of using UAVs as a tool and means of committing criminal offences were determined. The study investigated typical traces left as a result of using UAVs, features of their logging and seizure. Considering investigative situations, the sequence, and specifics of conducting an inspection and seizure of a UAV and its elements at the initial stage of the investigation were determined, as well as an indicative list of issues for their expert investigation was provided. The significance of the results and practical value of this paper is that it highlights the specific features of using a UAV as a technical forensic tool and object of forensic research, formulates scientific and methodological recommendations for the use of unmanned aerial systems in the investigation, solving, and prevention of criminal offences. The study also defines the areas for improving Ukrainian legislation to regulate legal relations in the field of criminal justice on the use of unmanned aerial systems by law enforcement agencies
{"title":"Unmanned aerial vehicle as a forensic technical tool and object of forensic research","authors":"Ihor Yefimenko","doi":"10.56215/04221204.61","DOIUrl":"https://doi.org/10.56215/04221204.61","url":null,"abstract":"use of unmanned aerial vehicles in the detection, investigation, and prevention of criminal offences. The purpose of this study was to investigate topical issues of using UAVs in two aspects – as a technical forensic tool and as a tool and means of committing a criminal offence. The research methodology included a set of general scientific and special methods that allow assuming and concluding on the specific features of using a UAV in the detection, investigation, and prevention of criminal offences. Thus, this study was based on a diagnostic method for cognition of social and legal phenomena and concepts in their development and interdependence. Along with this, general and special research methods were used, namely comparative legal, system-structural, statistical, logical, and other modern methods of scientific cognition. The theoretical framework of this study included studies of scientists and practitioners in the field of criminal procedure and forensics. The regulatory framework of the study included the norms and provisions of current regulations and their practical implementation in the law enforcement sphere. The study examined topical issues related to the UAV as a modern technical forensic tool and object of forensic research. The paper considered certain aspects and features of the use of UAVs in the detection, investigation, and prevention of criminal offences. To this end, various aspects of the use of UAVs as modern technical forensic tools were comprehensively analysed, distinguishing theoretical foundations of application, statutory regulation, organizational, technological, and scientific-methodological support. The features of using UAVs as a tool and means of committing criminal offences were determined. The study investigated typical traces left as a result of using UAVs, features of their logging and seizure. Considering investigative situations, the sequence, and specifics of conducting an inspection and seizure of a UAV and its elements at the initial stage of the investigation were determined, as well as an indicative list of issues for their expert investigation was provided. The significance of the results and practical value of this paper is that it highlights the specific features of using a UAV as a technical forensic tool and object of forensic research, formulates scientific and methodological recommendations for the use of unmanned aerial systems in the investigation, solving, and prevention of criminal offences. The study also defines the areas for improving Ukrainian legislation to regulate legal relations in the field of criminal justice on the use of unmanned aerial systems by law enforcement agencies","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"42 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113940919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The right to coercion and the possibility of its application is an integral attribute of the state, its bodies, i.e., it is possible to discuss the state’s monopoly on coercion. Regardless of whether the requirements of legal norms are fulfilled voluntarily, coercion stays an integral part of their implementation. Legal coercion is inextricably linked to the rule of law and human rights. This connection is especially felt in the countries of Central and Eastern Europe, which have recently been freed from totalitarianism, the dictatorship of ideological norms, dominance, and the spread of coercion. The purpose of this study, the results of which are presented in this paper, is to reveal the essence of legal coercion at the theoretical level, analyse and generalize the scientific opinions of scientists who have already expressed themselves on this matter. The study uses a natural law approach and several methods aimed at a systematic and meaningful analysis of the problems of state coercion, the key of which are logical, dialectical, historical, and integrative methods. As a result of this study, it was established that the legal coercion applied by the state should make provision for proportional measures and sanctions in such a way as, on the one hand, to create the necessary inhibitory factors in the minds of those who try to break the law. On the other hand, it is coercion that should increase the sense of security in others, instilling in them the belief that the law, the state protects them and that there is no point in resorting to non-state, unofficial means to take the law into their own hands. The scientific significance of this study lies in the fact that it is one of the first studies covering the issue of legal coercion in the context of its use by the state to exercise its power in modern political and legal realities. In a practical sense, the results of this study may be important for improving legal regulation with an emphasis on coercion, specifically when adopting criminal law norms
{"title":"Regulatory consolidation of coercion as a prerogative of the rule of law: A literary review","authors":"O. Tanase","doi":"10.56215/04221204.84","DOIUrl":"https://doi.org/10.56215/04221204.84","url":null,"abstract":"The right to coercion and the possibility of its application is an integral attribute of the state, its bodies, i.e., it is possible to discuss the state’s monopoly on coercion. Regardless of whether the requirements of legal norms are fulfilled voluntarily, coercion stays an integral part of their implementation. Legal coercion is inextricably linked to the rule of law and human rights. This connection is especially felt in the countries of Central and Eastern Europe, which have recently been freed from totalitarianism, the dictatorship of ideological norms, dominance, and the spread of coercion. The purpose of this study, the results of which are presented in this paper, is to reveal the essence of legal coercion at the theoretical level, analyse and generalize the scientific opinions of scientists who have already expressed themselves on this matter. The study uses a natural law approach and several methods aimed at a systematic and meaningful analysis of the problems of state coercion, the key of which are logical, dialectical, historical, and integrative methods. As a result of this study, it was established that the legal coercion applied by the state should make provision for proportional measures and sanctions in such a way as, on the one hand, to create the necessary inhibitory factors in the minds of those who try to break the law. On the other hand, it is coercion that should increase the sense of security in others, instilling in them the belief that the law, the state protects them and that there is no point in resorting to non-state, unofficial means to take the law into their own hands. The scientific significance of this study lies in the fact that it is one of the first studies covering the issue of legal coercion in the context of its use by the state to exercise its power in modern political and legal realities. In a practical sense, the results of this study may be important for improving legal regulation with an emphasis on coercion, specifically when adopting criminal law norms","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116481467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of this study is conditioned upon the need to investigate the technical and forensic support for the investigation of war crimes that are massively committed in the context of a full-scale military invasion of russia on the territory of Ukraine. The purpose of this study was to define the term “technical and forensic support for the investigation of war crimes”, its purpose and components; to consider the technical equipment used to search for people who disappeared during the war, to identify hidden corpses of people who died during the war, to establish their identity. The study employed a set of scientific methods: terminological, system-structural, formal logical, comparative legal. The terms “technical and forensic support” and “technical and forensic means” were analysed, and the definition of technical and forensic support for war crimes was proposed. The following components of technical and forensic support were investigated: scientific, legal, organizational, educational and methodological, scientific and technical, material and technical support. Attention was drawn to the specific features of technical and forensic support for the investigation of war crimes: constant readiness of authorized entities to use technical means and methods; integrated use of technological systems; involvement of numerous information resources; coordination of work on technical equipment of law enforcement agencies with the provision of other departments, including the Armed Forces of Ukraine. The study focuses on the possibility of using technical and forensic support for the investigation of war crimes by security investigators together with National Police investigators. It was concluded that the technical and forensic support for the investigation of crimes includes a system of legal, scientific, organizational measures aimed at the effective use of technical means and their corresponding methods for investigating criminal offences. Promising areas of development of technical and forensic support for the investigation of war crimes are as follows: the use of drone-made evidence (aerial photography); the use of ground-based 3D scanning; the introduction of systems for detecting and visualizing biological traces of participants in war crimes and their victims; the development of identification and search engines for identifying people involved in the commission of war crimes on the territory of Ukraine
{"title":"Technical and forensic support for the investigation of war crimes: Concept, purpose, individual areas of development","authors":"Yu.I. Filipov","doi":"10.56215/04221204.72","DOIUrl":"https://doi.org/10.56215/04221204.72","url":null,"abstract":"The relevance of this study is conditioned upon the need to investigate the technical and forensic support for the investigation of war crimes that are massively committed in the context of a full-scale military invasion of russia on the territory of Ukraine. The purpose of this study was to define the term “technical and forensic support for the investigation of war crimes”, its purpose and components; to consider the technical equipment used to search for people who disappeared during the war, to identify hidden corpses of people who died during the war, to establish their identity. The study employed a set of scientific methods: terminological, system-structural, formal logical, comparative legal. The terms “technical and forensic support” and “technical and forensic means” were analysed, and the definition of technical and forensic support for war crimes was proposed. The following components of technical and forensic support were investigated: scientific, legal, organizational, educational and methodological, scientific and technical, material and technical support. Attention was drawn to the specific features of technical and forensic support for the investigation of war crimes: constant readiness of authorized entities to use technical means and methods; integrated use of technological systems; involvement of numerous information resources; coordination of work on technical equipment of law enforcement agencies with the provision of other departments, including the Armed Forces of Ukraine. The study focuses on the possibility of using technical and forensic support for the investigation of war crimes by security investigators together with National Police investigators. It was concluded that the technical and forensic support for the investigation of crimes includes a system of legal, scientific, organizational measures aimed at the effective use of technical means and their corresponding methods for investigating criminal offences. Promising areas of development of technical and forensic support for the investigation of war crimes are as follows: the use of drone-made evidence (aerial photography); the use of ground-based 3D scanning; the introduction of systems for detecting and visualizing biological traces of participants in war crimes and their victims; the development of identification and search engines for identifying people involved in the commission of war crimes on the territory of Ukraine","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130971881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this article, the authors consider the essence of human and civil security, determine the factors that threaten it, and the consequences that violations of human rights, including the right to personal security, lead to. By personal security, the authors understand the state of absence of danger when interacting with objects of the external environment and the process of ensuring legal guarantees for the implementation of constitutional rights and freedoms. Security cannot exist without danger; it finds its existence with the emergence of threats. Personal security is threatened by wars, socio-economic instability, poverty, corruption, crime, domestic interethnic and religious conflicts, injustice, etc. The consequence is a violation of human rights, primarily the right to life and restrictions on its freedoms. The, the subject of this study is relevant. The purpose of this study was to find threats to personal security and analyse the possibilities of their elimination by political and legal means. The methodological basis of this paper was the dialectical approach, as well as several other methods: formal logical, systematic, formal legal, structural-functional. Results: personal security, as a special type of human and civil security, despite its close relationship with the security of society and the state, is an independent socio-legal phenomenon that requires special attention. Personal security is ensured, foremost, by the norms of constitutional, criminal, and administrative law. Restriction of the rights and freedoms of offenders, however, may be accompanied by restriction of the rights and freedoms of law-abiding citizens. The originality of this study lies in the investigation of political and legal guarantees of personal security and the identification of opportunities for its provision in the modern world, considering the principles of the rule of law, civil society, and justice. Security as a complex social phenomenon is an element of other complex social systems, which include a human, society, the state, as well as the economic, political, and spiritual spheres of public life. Security is an essential factor in the functioning and very existence of all social systems. The main subject that organizes the life of society is the state. The international community also plays an essential role in this process
{"title":"Political and legal guarantees of human and civil security","authors":"V. Tymoshenko, L. Makarenko","doi":"10.56215/04221204.09","DOIUrl":"https://doi.org/10.56215/04221204.09","url":null,"abstract":"In this article, the authors consider the essence of human and civil security, determine the factors that threaten it, and the consequences that violations of human rights, including the right to personal security, lead to. By personal security, the authors understand the state of absence of danger when interacting with objects of the external environment and the process of ensuring legal guarantees for the implementation of constitutional rights and freedoms. Security cannot exist without danger; it finds its existence with the emergence of threats. Personal security is threatened by wars, socio-economic instability, poverty, corruption, crime, domestic interethnic and religious conflicts, injustice, etc. The consequence is a violation of human rights, primarily the right to life and restrictions on its freedoms. The, the subject of this study is relevant. The purpose of this study was to find threats to personal security and analyse the possibilities of their elimination by political and legal means. The methodological basis of this paper was the dialectical approach, as well as several other methods: formal logical, systematic, formal legal, structural-functional. Results: personal security, as a special type of human and civil security, despite its close relationship with the security of society and the state, is an independent socio-legal phenomenon that requires special attention. Personal security is ensured, foremost, by the norms of constitutional, criminal, and administrative law. Restriction of the rights and freedoms of offenders, however, may be accompanied by restriction of the rights and freedoms of law-abiding citizens. The originality of this study lies in the investigation of political and legal guarantees of personal security and the identification of opportunities for its provision in the modern world, considering the principles of the rule of law, civil society, and justice. Security as a complex social phenomenon is an element of other complex social systems, which include a human, society, the state, as well as the economic, political, and spiritual spheres of public life. Security is an essential factor in the functioning and very existence of all social systems. The main subject that organizes the life of society is the state. The international community also plays an essential role in this process","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126005652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Police of Ukraine regarding the respect for the rights and freedoms of citizens, ensure optimal living conditions, well-being, and order and legality in the state. In the Law, the updated terms “public security and order” were introduced to replace the fixed terms “public security” and “public order”, which caused a lively and still ongoing discussion in scientific circles, and in some places, even disagreement with the innovations. The arbitrary combination of the two terms into one word combination is still unclear, in some regulations “public” (civic) is used at the same time, with the latter taken in parentheses, thereby confirming the semantic similarity and the impracticality of simultaneous use. The purpose of this study was to analyse various scientific views, opinions of practitioners on the content and expediency of using the terms “public (civic) security and order” and their phrases. During the study, scientific methods were employed, which allowed obtaining reasonable conclusions, including system method, hermeneutics, analysis and synthesis, terminological, formal legal, and comparative legal methods. Various literature was processed, including special literature, various scientific sources, provisions of the Constitution of Ukraine, Laws, Decrees, orders, etc., on the subject under study. Based on the study results, there are discrepancies and a lack of consensus regarding the use of the terms “public (civic) security and order”, the legislators did not define these terms in the Law of Ukraine “On the Militia” and the Law of Ukraine “On the National Police”. Proceeding from the processed array of data on the use of the terms “civic security” – “public security”, “civic order” – “public order”, the authors of this paper justified the need for their unification through changes to the entire array of laws, resolutions, orders, etc., that are directly or indirectly related to organizing the work of law enforcement agencies in terms of securing law and order
{"title":"Terminological conflicts in the application of the terms “public (civic) security and order”","authors":"V. Kostiuk, Oleksii Biloshytskyi","doi":"10.56215/04221204.49","DOIUrl":"https://doi.org/10.56215/04221204.49","url":null,"abstract":"Police of Ukraine regarding the respect for the rights and freedoms of citizens, ensure optimal living conditions, well-being, and order and legality in the state. In the Law, the updated terms “public security and order” were introduced to replace the fixed terms “public security” and “public order”, which caused a lively and still ongoing discussion in scientific circles, and in some places, even disagreement with the innovations. The arbitrary combination of the two terms into one word combination is still unclear, in some regulations “public” (civic) is used at the same time, with the latter taken in parentheses, thereby confirming the semantic similarity and the impracticality of simultaneous use. The purpose of this study was to analyse various scientific views, opinions of practitioners on the content and expediency of using the terms “public (civic) security and order” and their phrases. During the study, scientific methods were employed, which allowed obtaining reasonable conclusions, including system method, hermeneutics, analysis and synthesis, terminological, formal legal, and comparative legal methods. Various literature was processed, including special literature, various scientific sources, provisions of the Constitution of Ukraine, Laws, Decrees, orders, etc., on the subject under study. Based on the study results, there are discrepancies and a lack of consensus regarding the use of the terms “public (civic) security and order”, the legislators did not define these terms in the Law of Ukraine “On the Militia” and the Law of Ukraine “On the National Police”. Proceeding from the processed array of data on the use of the terms “civic security” – “public security”, “civic order” – “public order”, the authors of this paper justified the need for their unification through changes to the entire array of laws, resolutions, orders, etc., that are directly or indirectly related to organizing the work of law enforcement agencies in terms of securing law and order","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116091379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Recently, Ukrainian society has been undergoing essential reforms, which were dynamically changing during democratization and humanization, and did not leave the penitentiary institutions aside. The optimization of the penitentiary system itself started in 2017, which allowed obtaining legal and organizational tools for closing unnecessary penitentiary institutions. The purpose of this study was to investigate and analyse the aspects of optimization of the penitentiary system of Ukraine, which currently is one of the equally important social institutions that solves large-scale legal, economic, social, and psychological-pedagogical tasks. Presently, crime stays one of the issues in Ukraine. The study used the general dialectical research method and the formal logical method. The theoretical framework of this paper included the studies of scientists, which contributed to the comprehensive investigation of crime and the development of the mechanism for the proper functioning of the criminal executive system considering its modernization. The study examines the current state of national legislation on the activities of penitentiary institutions in Ukraine, their development concepts and the need to improve innovative technologies borrowed from foreign practices (USA, Great Britain, France) in the activities of penitentiary workers. Ways and proposals for their improvement were formulated. To date, Ukraine has still not fully resolved the problems regarding the mechanism for the protection of human rights in matters of optimization of the system of bodies and institutions for the execution of punishments
{"title":"Some aspects of perfecting the system of penitentiary bodies and institutions","authors":"Yu.I. Levchenko, V. Vasylevych","doi":"10.56215/04221204.40","DOIUrl":"https://doi.org/10.56215/04221204.40","url":null,"abstract":"Recently, Ukrainian society has been undergoing essential reforms, which were dynamically changing during democratization and humanization, and did not leave the penitentiary institutions aside. The optimization of the penitentiary system itself started in 2017, which allowed obtaining legal and organizational tools for closing unnecessary penitentiary institutions. The purpose of this study was to investigate and analyse the aspects of optimization of the penitentiary system of Ukraine, which currently is one of the equally important social institutions that solves large-scale legal, economic, social, and psychological-pedagogical tasks. Presently, crime stays one of the issues in Ukraine. The study used the general dialectical research method and the formal logical method. The theoretical framework of this paper included the studies of scientists, which contributed to the comprehensive investigation of crime and the development of the mechanism for the proper functioning of the criminal executive system considering its modernization. The study examines the current state of national legislation on the activities of penitentiary institutions in Ukraine, their development concepts and the need to improve innovative technologies borrowed from foreign practices (USA, Great Britain, France) in the activities of penitentiary workers. Ways and proposals for their improvement were formulated. To date, Ukraine has still not fully resolved the problems regarding the mechanism for the protection of human rights in matters of optimization of the system of bodies and institutions for the execution of punishments","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115179617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：