The full-scale invasion of the russian federation on the territory of Ukraine led to the need to change and amend the Criminal Procedural Code of Ukraine, specifically its Section IX-1. The purpose of this study was to analyse the development of criminal procedural legislation on the regulation of criminal proceedings under martial law through the lens of state, public, and personal interests of participants in criminal proceedings; analysis of legislative regulation of special procedures for apprehension and detention both in Ukrainian legislation and in the legislation of other countries. This study uses a set of special methods inherent in the study of the phenomena of legal science, namely historical legal, formal legal, comparative legal, and system-structural. It was found that both the title and the text of Section IX-1 of the Criminal Procedural Code of Ukraine have no indication of the specific features of criminal proceedings during other, except for military, special situations in the state that threaten its national security. It was substantiated that when regulating criminal proceedings under martial law, the emphasis on the priority of the interests of the participants in the criminal proceedings shifts towards the benefit of the interests of the state and society. Attention was drawn to the substantial expansion of the prosecutor's powers. The lack of a systematic approach to introducing changes and amendments to the criminal procedural legislation was proved. The procedural form of restriction of the right to freedom and personal inviolability during martial law has undergone substantial changes. An analysis of the criminal procedural legislation of Great Britain, Spain, France, and the United States suggests that these states respond to national security threats by introducing special procedures in the investigation of crimes that caused such threats. These special procedures relate to the period for detaining a person without notifying them of their charge, without bringing them to court. The conducted study allows forming a conceptual approach to the regulation of criminal proceedings, thereby ensuring a reasonable balance of state, public, and personal interests
{"title":"Ensuring state, public, and personal interests in criminal proceedings under martial law or a state of emergency","authors":"Larysa Udalova, O. Khablo","doi":"10.56215/04221204.17","DOIUrl":"https://doi.org/10.56215/04221204.17","url":null,"abstract":"The full-scale invasion of the russian federation on the territory of Ukraine led to the need to change and amend the Criminal Procedural Code of Ukraine, specifically its Section IX-1. The purpose of this study was to analyse the development of criminal procedural legislation on the regulation of criminal proceedings under martial law through the lens of state, public, and personal interests of participants in criminal proceedings; analysis of legislative regulation of special procedures for apprehension and detention both in Ukrainian legislation and in the legislation of other countries. This study uses a set of special methods inherent in the study of the phenomena of legal science, namely historical legal, formal legal, comparative legal, and system-structural. It was found that both the title and the text of Section IX-1 of the Criminal Procedural Code of Ukraine have no indication of the specific features of criminal proceedings during other, except for military, special situations in the state that threaten its national security. It was substantiated that when regulating criminal proceedings under martial law, the emphasis on the priority of the interests of the participants in the criminal proceedings shifts towards the benefit of the interests of the state and society. Attention was drawn to the substantial expansion of the prosecutor's powers. The lack of a systematic approach to introducing changes and amendments to the criminal procedural legislation was proved. The procedural form of restriction of the right to freedom and personal inviolability during martial law has undergone substantial changes. An analysis of the criminal procedural legislation of Great Britain, Spain, France, and the United States suggests that these states respond to national security threats by introducing special procedures in the investigation of crimes that caused such threats. These special procedures relate to the period for detaining a person without notifying them of their charge, without bringing them to court. The conducted study allows forming a conceptual approach to the regulation of criminal proceedings, thereby ensuring a reasonable balance of state, public, and personal interests","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127485470","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 the article lies in the need to conduct a comparative study of the peculiarities of the formation of the judicial corps in Ukraine and in the leading countries of the world in order to clarify the effectiveness of the existing national judicial system and its improvement in the future. The purpose of the study is to analyze the peculiarities of the procedure for forming the judicial corps and selection for the position of a judge in Ukraine, European countries, as well as in Great Britain and the USA. The basis of the methodological base, which was used for the study of this material, is the methods of deduction and induction, systemic, logical, dialectical, formal-legal, comparative-legal, historical, systemic-structural, statistical, sociological methods. The work examines the history of the creation of the first courts and the formation of the judicial system of independent Ukraine; a number of concepts are defined, including “judge”, “judge corps”, “judge corps formation”; the stages of selection for the position of a judge have been established and the requirements for judges in various judicial bodies have been disclosed; a comparison of selection for the post of judge and prosecutor was made; the international experience of forming the judicial corps in such countries as Switzerland, Austria, Germany, France, Belgium, Poland, Great Britain, and the United States was studied; the problems that arise in the judicial system of Ukraine, especially when filling vacant judicial positions, are clarified. The results of the study, obtained in a combination of the study of advanced world and domestic practice in the formation of the judicial corps, can be valuable and useful both for persons who wish to become judges and for all practical employees of the justice system
{"title":"Features of the formation of the judiciary: National and international experience","authors":"O. Amelin","doi":"10.56215/04221203.62","DOIUrl":"https://doi.org/10.56215/04221203.62","url":null,"abstract":"The relevance of the article lies in the need to conduct a comparative study of the peculiarities of the formation of the judicial corps in Ukraine and in the leading countries of the world in order to clarify the effectiveness of the existing national judicial system and its improvement in the future. The purpose of the study is to analyze the peculiarities of the procedure for forming the judicial corps and selection for the position of a judge in Ukraine, European countries, as well as in Great Britain and the USA. The basis of the methodological base, which was used for the study of this material, is the methods of deduction and induction, systemic, logical, dialectical, formal-legal, comparative-legal, historical, systemic-structural, statistical, sociological methods. The work examines the history of the creation of the first courts and the formation of the judicial system of independent Ukraine; a number of concepts are defined, including “judge”, “judge corps”, “judge corps formation”; the stages of selection for the position of a judge have been established and the requirements for judges in various judicial bodies have been disclosed; a comparison of selection for the post of judge and prosecutor was made; the international experience of forming the judicial corps in such countries as Switzerland, Austria, Germany, France, Belgium, Poland, Great Britain, and the United States was studied; the problems that arise in the judicial system of Ukraine, especially when filling vacant judicial positions, are clarified. The results of the study, obtained in a combination of the study of advanced world and domestic practice in the formation of the judicial corps, can be valuable and useful both for persons who wish to become judges and for all practical employees of the justice system","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115481123","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}
Application of special knowledge in the process of detection and investigation of crimes, ensuring the right to defense or in the process of representation of victims' rights has a special importance in building a legal and democratic society in Azerbaijan. Crime has acquired new, qualitative characteristics, has become professional, armed and organized. Therefore, forensic activities have become indispensable tools in the process of legal proceedings, in which criminal justice has a special place. The scientific study of the problems of increasing the competitiveness of forensic expertise of Azerbaijan and the countries of the world, is the topical task of the article. The purpose of the scientific study is to identify objective and subjective reasons for the lack of competitiveness of forensic expertise in the Azerbaijan, in comparison with other world leaders. To achieve the goal of scientific research a system of philosophical, general scientific and special scientific methods (comparison, description, analysis and synthesis, induction, deduction and analogy, abstraction, generalization, systematic approach and others) was used. The article examines the theoretical, regulatory and practical problems of ensuring the competitiveness of forensic activities in Azerbaijan. It was found out that the competitiveness of forensic activities was not properly ensured due to the imperfections of the current legislation in Azerbaijan. As a result of the study, it was proposed to introduce amendments to the current legislation, which would allow not only state, but also non-state (private) enterprises and independent experts to carry out forensic examinations
{"title":"Ways to increase competitiveness in the field of forensic examination of Azerbaijan and countries of the world","authors":"Abbasov Nail Ibad","doi":"10.56215/04221203.53","DOIUrl":"https://doi.org/10.56215/04221203.53","url":null,"abstract":"Application of special knowledge in the process of detection and investigation of crimes, ensuring the right to defense or in the process of representation of victims' rights has a special importance in building a legal and democratic society in Azerbaijan. Crime has acquired new, qualitative characteristics, has become professional, armed and organized. Therefore, forensic activities have become indispensable tools in the process of legal proceedings, in which criminal justice has a special place. The scientific study of the problems of increasing the competitiveness of forensic expertise of Azerbaijan and the countries of the world, is the topical task of the article. The purpose of the scientific study is to identify objective and subjective reasons for the lack of competitiveness of forensic expertise in the Azerbaijan, in comparison with other world leaders. To achieve the goal of scientific research a system of philosophical, general scientific and special scientific methods (comparison, description, analysis and synthesis, induction, deduction and analogy, abstraction, generalization, systematic approach and others) was used. The article examines the theoretical, regulatory and practical problems of ensuring the competitiveness of forensic activities in Azerbaijan. It was found out that the competitiveness of forensic activities was not properly ensured due to the imperfections of the current legislation in Azerbaijan. As a result of the study, it was proposed to introduce amendments to the current legislation, which would allow not only state, but also non-state (private) enterprises and independent experts to carry out forensic examinations","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123181768","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 2022, when Russia unleashed a full-scale military attack against Ukraine, considerable attention was paid to information warfare, which is a direct threat to the country's information security. Information security is an important aspect of national security, and its subjects have proven their ability not only to withstand the onslaught of the aggressor state but also to fully resist it. Selfless confrontation, including information threats, was carried out by both state and non-state structures, IT specialists and citizens who understood the importance of winning on the information front. The purpose of the study is to outline the essence of the administrative and legal status of the National Security and Defense Council of Ukraine. It takes promising measures to counter threats to the state's information security. Based on the analysis of the accumulated empirical material, information security as the basis of national security of Ukraine is summarised; the position of the NSDC in the system of subjects of state information policy is outlined; measures to eliminate information threats through the application of prohibitive and restrictive sanctions are revealed. The scientific novelty lies in the attempt to consider the elements of the administrative and legal status of the NSDC in the information field for the first time since the full-scale armed invasion by the Russian Federation using the studied material and the legislative framework. The paper analyses existing gaps in the development and implementation of state policy in the information environment and outlines possible solutions. The author proposes her own interpretation of the administrative and legal status of the National Security and Defense Council of Ukraine. The suggestions for subsequent determination of the administrative and legal status of the NSDC and the mechanism for monitoring the effectiveness of the implementation of the Information Security Strategy will encourage scientists to further study this issue
{"title":"Administrative and legal status of the national security and defence council of Ukraine as a subject of information security of the state","authors":"Anastasiia Dashkovska","doi":"10.56215/04221203.86","DOIUrl":"https://doi.org/10.56215/04221203.86","url":null,"abstract":"In 2022, when Russia unleashed a full-scale military attack against Ukraine, considerable attention was paid to information warfare, which is a direct threat to the country's information security. Information security is an important aspect of national security, and its subjects have proven their ability not only to withstand the onslaught of the aggressor state but also to fully resist it. Selfless confrontation, including information threats, was carried out by both state and non-state structures, IT specialists and citizens who understood the importance of winning on the information front. The purpose of the study is to outline the essence of the administrative and legal status of the National Security and Defense Council of Ukraine. It takes promising measures to counter threats to the state's information security. Based on the analysis of the accumulated empirical material, information security as the basis of national security of Ukraine is summarised; the position of the NSDC in the system of subjects of state information policy is outlined; measures to eliminate information threats through the application of prohibitive and restrictive sanctions are revealed. The scientific novelty lies in the attempt to consider the elements of the administrative and legal status of the NSDC in the information field for the first time since the full-scale armed invasion by the Russian Federation using the studied material and the legislative framework. The paper analyses existing gaps in the development and implementation of state policy in the information environment and outlines possible solutions. The author proposes her own interpretation of the administrative and legal status of the National Security and Defense Council of Ukraine. The suggestions for subsequent determination of the administrative and legal status of the NSDC and the mechanism for monitoring the effectiveness of the implementation of the Information Security Strategy will encourage scientists to further study this issue","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"40 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116350686","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 the study is conditioned by the need to establish the genesis of legal regulation of the defence lawyer’s involvement in criminal proceedings against minors, to identify correlations of this process with the regulation of legal activity in Ukraine. The purpose of the study is to investigate the history of legal regulation of the involvement of a defence lawyer in criminal proceedings against minors. The study used a set of scientific methods: historical, historiographic, terminological, system-structural, formal-logical, and comparative-legal. It was established that the origin of the institute of protection of the parties in legal proceedings begins in the times of Kyivan Rus with the established practice of speeches in court by “good people” who represented the plaintiff and the defendant. It was proved that the development of the institute of protection of minors in court took place in parallel and in close connection with the development of judicial representation and sureties. Based on the analysis of international acts in the field of criminal justice against children ratified by Ukraine, the need to introduce juvenile specialisation of defenders was indicated. Stages of development of legal regulation of the defender’s involvement in criminal proceedings against minors: stage 1 – 1016-1529; stage 2 – 1529-1864; stage 3 – 1864-1917; stage 4 – 1917-1991; stage 5 – from 1991 to the present. The emergence of protection of the rights of minors in court was accompanied by the establishment of a regulatory condition for the involvement of a defender in the process on a gratuitous basis for certain categories of children. At the present stage, the law enforcement process embodies the principles and guarantees of involvement of a defender in criminal proceedings against minors, which are provided for by international treaties in the field of protection of children’s rights ratified by Ukraine. The proposed predictive trends in the development of legal regulation of the involvement of a defender in criminal proceedings allow law enforcement agencies to plan their practical activities in the interaction with human rights organisations, take coordination measures between juvenile prevention bodies of the national police, investigators and prosecutors specialising in the investigation of juvenile delinquency, juvenile judges and lawyers for effective compliance with international standards for the protection of the rights of children in conflict with the law.
{"title":"Legal Regulation of Defence Lawyer’s Involvement in Criminal Proceedings Against Minors: Genesis of the Issue, Stages of Development","authors":"","doi":"10.56215/04221202.79","DOIUrl":"https://doi.org/10.56215/04221202.79","url":null,"abstract":"The relevance of the study is conditioned by the need to establish the genesis of legal regulation of the defence lawyer’s involvement in criminal proceedings against minors, to identify correlations of this process with the regulation of legal activity in Ukraine. The purpose of the study is to investigate the history of legal regulation of the involvement of a defence lawyer in criminal proceedings against minors. The study used a set of scientific methods: historical, historiographic, terminological, system-structural, formal-logical, and comparative-legal. It was established that the origin of the institute of protection of the parties in legal proceedings begins in the times of Kyivan Rus with the established practice of speeches in court by “good people” who represented the plaintiff and the defendant. It was proved that the development of the institute of protection of minors in court took place in parallel and in close connection with the development of judicial representation and sureties. Based on the analysis of international acts in the field of criminal justice against children ratified by Ukraine, the need to introduce juvenile specialisation of defenders was indicated. Stages of development of legal regulation of the defender’s involvement in criminal proceedings against minors: stage 1 – 1016-1529; stage 2 – 1529-1864; stage 3 – 1864-1917; stage 4 – 1917-1991; stage 5 – from 1991 to the present. The emergence of protection of the rights of minors in court was accompanied by the establishment of a regulatory condition for the involvement of a defender in the process on a gratuitous basis for certain categories of children. At the present stage, the law enforcement process embodies the principles and guarantees of involvement of a defender in criminal proceedings against minors, which are provided for by international treaties in the field of protection of children’s rights ratified by Ukraine. The proposed predictive trends in the development of legal regulation of the involvement of a defender in criminal proceedings allow law enforcement agencies to plan their practical activities in the interaction with human rights organisations, take coordination measures between juvenile prevention bodies of the national police, investigators and prosecutors specialising in the investigation of juvenile delinquency, juvenile judges and lawyers for effective compliance with international standards for the protection of the rights of children in conflict with the law.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123864036","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 realities of today testify to the urgency of the development of modern theories of intelligence and counterintelligence activities, in particular in the aspect of ensuring national economic interests. The above confirms the relevance of studying the theoretical and applied principles of economic intelligence and counterintelligence. In this regard, the purpose of the article is to analyze the role of economic intelligence and counterintelligence in ensuring national economic interests through the prism of the theoretical and legal aspect. To achieve the goal, a system of general scientific and special research methods was used, in particular, dialectical, system-structural, and system analysis methods. The study for the first time formulated the definition of the concept of economic intelligence with a view to a macro-level activity approach – this type of it can not only contain the collection of information from open sources, but also be implemented by creating an agent network, corrupting officials or representatives of top management, stealing technological documentation, using false companies, cyber-attack organizations. The results of the research made it possible to distinguish the functioning models of economic intelligence: systematic, purposeful acquisition of information of a strategic nature; ensuring national economic interests through constant monitoring of strategic sectors of the economy of individual countries; conducting active influence measures by national special services. The conclusions presented in the article can be useful for security sector practitioners
{"title":"Economic intelligence and counter-intelligence in ensuring national economic interests: Theoretical and applied aspect","authors":"Anatoly Balanda, A. Cherniak","doi":"10.56215/04221203.17","DOIUrl":"https://doi.org/10.56215/04221203.17","url":null,"abstract":"The realities of today testify to the urgency of the development of modern theories of intelligence and counterintelligence activities, in particular in the aspect of ensuring national economic interests. The above confirms the relevance of studying the theoretical and applied principles of economic intelligence and counterintelligence. In this regard, the purpose of the article is to analyze the role of economic intelligence and counterintelligence in ensuring national economic interests through the prism of the theoretical and legal aspect. To achieve the goal, a system of general scientific and special research methods was used, in particular, dialectical, system-structural, and system analysis methods. The study for the first time formulated the definition of the concept of economic intelligence with a view to a macro-level activity approach – this type of it can not only contain the collection of information from open sources, but also be implemented by creating an agent network, corrupting officials or representatives of top management, stealing technological documentation, using false companies, cyber-attack organizations. The results of the research made it possible to distinguish the functioning models of economic intelligence: systematic, purposeful acquisition of information of a strategic nature; ensuring national economic interests through constant monitoring of strategic sectors of the economy of individual countries; conducting active influence measures by national special services. The conclusions presented in the article can be useful for security sector practitioners","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116392916","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}
Increasing the effectiveness of the prosecutor’s activity in criminal proceedings is an extremely urgent task, taking into account the changes taking place in the legal life of the state, the development of scientific and technical progress, and the processes of reforming law enforcement agencies. There are also negative circumstances that today require rethinking and adapting the activities of the prosecutor’s office to new, extreme conditions, namely the need to counter the armed aggression of the Russian Federation. These and other circumstances determine the formation of updated principles of the prosecutor’s activity. Purpose of the article is to highlight the theoretical foundations and form practical recommendations regarding the forensic support of the prosecutor’s activities in criminal proceedings. By using the method of dialectics, special legal methods, and processing the source base, it was established that the goal of forensic support of the prosecutor’s activities is to achieve the tasks defined in Art. 2 of the Criminal Procedure Code of Ukraine. The realization of this goal depends on the solution of specific tasks, which consist in the development of new and improvement of existing technical means, methods and techniques for working with forensically significant information; building systems of tactical techniques; the formation of organizational foundations and the development of methodological recommendations for the implementation of criminal proceedings regarding various types of criminal offenses. Forensic support of the prosecutor’s activities is implemented in accordance with the technical, tactical, and methodical forensic direction, techniques, means, and methods developed by forensics are used
{"title":"Forensic support of the prosecutor’s activities in criminal proceedings: Concept, content, tasks","authors":"Vladlen Nekliudov","doi":"10.56215/04221203.76","DOIUrl":"https://doi.org/10.56215/04221203.76","url":null,"abstract":"Increasing the effectiveness of the prosecutor’s activity in criminal proceedings is an extremely urgent task, taking into account the changes taking place in the legal life of the state, the development of scientific and technical progress, and the processes of reforming law enforcement agencies. There are also negative circumstances that today require rethinking and adapting the activities of the prosecutor’s office to new, extreme conditions, namely the need to counter the armed aggression of the Russian Federation. These and other circumstances determine the formation of updated principles of the prosecutor’s activity. Purpose of the article is to highlight the theoretical foundations and form practical recommendations regarding the forensic support of the prosecutor’s activities in criminal proceedings. By using the method of dialectics, special legal methods, and processing the source base, it was established that the goal of forensic support of the prosecutor’s activities is to achieve the tasks defined in Art. 2 of the Criminal Procedure Code of Ukraine. The realization of this goal depends on the solution of specific tasks, which consist in the development of new and improvement of existing technical means, methods and techniques for working with forensically significant information; building systems of tactical techniques; the formation of organizational foundations and the development of methodological recommendations for the implementation of criminal proceedings regarding various types of criminal offenses. Forensic support of the prosecutor’s activities is implemented in accordance with the technical, tactical, and methodical forensic direction, techniques, means, and methods developed by forensics are used","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123776759","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 the study of modern document research technologies is determined by the growing pace of innovative and technical progress, which produces high-tech achievements that are used not only for rational purposes, but also for the purpose of high-quality falsification of documents to achieve illegitimate and selfish goals. The purpose of this article was to study the latest methods of document forgery and existing technologies for their detection with the aim of assessing the level of development of modern expert research in this field. In order to achieve the above-mentioned result, a complex methodological approach was used in the study of this topic, which consists in the consistent application of methods of scientific knowledge, analysis of the acquired knowledge, their systematization and generalization with the aim of building a system model of the modern process of technical documentation research, as well as the application of comparison and evaluation methods in order to identify weaknesses in the use of existing technologies, the method of scientific forecasting of development prospects in this field. As a result of the study, the general theoretical, methodological and procedural provisions governing the document examination process were highlighted, the known and most used methods of falsification of documents were defined, the methodology for establishing the characteristic features of various types of forgeries and the technical means used for their detection were studied, and the available in this field were outlined problems and prospects for overcoming them. The knowledge gained in this way logically contributes to the formation of fundamental information baggage, which should be used in expert work to achieve the most accurate and justified results. The conducted research has a high applied value, as it focuses on the most optimal and effective modern examination technologies in the field of document circulation, highlighting their characteristic features and advantages, emphasizing the growing need to use the latest technological advances in the examination of documents
{"title":"Modern technologies for technical follow-up of documents","authors":"V. Sezonov, Olha Sezonova","doi":"10.56215/04221203.39","DOIUrl":"https://doi.org/10.56215/04221203.39","url":null,"abstract":"The relevance of the study of modern document research technologies is determined by the growing pace of innovative and technical progress, which produces high-tech achievements that are used not only for rational purposes, but also for the purpose of high-quality falsification of documents to achieve illegitimate and selfish goals. The purpose of this article was to study the latest methods of document forgery and existing technologies for their detection with the aim of assessing the level of development of modern expert research in this field. In order to achieve the above-mentioned result, a complex methodological approach was used in the study of this topic, which consists in the consistent application of methods of scientific knowledge, analysis of the acquired knowledge, their systematization and generalization with the aim of building a system model of the modern process of technical documentation research, as well as the application of comparison and evaluation methods in order to identify weaknesses in the use of existing technologies, the method of scientific forecasting of development prospects in this field. As a result of the study, the general theoretical, methodological and procedural provisions governing the document examination process were highlighted, the known and most used methods of falsification of documents were defined, the methodology for establishing the characteristic features of various types of forgeries and the technical means used for their detection were studied, and the available in this field were outlined problems and prospects for overcoming them. The knowledge gained in this way logically contributes to the formation of fundamental information baggage, which should be used in expert work to achieve the most accurate and justified results. The conducted research has a high applied value, as it focuses on the most optimal and effective modern examination technologies in the field of document circulation, highlighting their characteristic features and advantages, emphasizing the growing need to use the latest technological advances in the examination of documents","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131164718","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 author considers the essence of the terms "human rights" and "terrorism", defines the components of terrorism, establishes the interdependence of the fight against terrorism and ensuring the rights and freedoms of a person and a citizen. Being a form of violence, terrorism is used both by national liberation movements, ethnic and religious groups, and by criminal structures and individual states. The activity of terrorism increases sharply during the crisis. The impact of terrorist acts on the political, legal and social system in such periods not only leads to numerous victims and suffering from the population, violation of human and citizen rights and freedoms, but also has a powerful resonance effect, which can be a threat to national security. Combating terrorism is an important task of the state and society, and requires certain ideological and physical measures that must be scientifically based. Therefore, the topic of the article is important and relevant. The purpose of the article is to study the specifics of the impact of modern terrorism on human rights and to identify ways to prevent this impact. The methodological basis of the article was the dialectical and phenomenological approaches, as well as a system of philosophical-worldview, general scientific and special scientific methods, in particular: formal-logical, formal-dogmatic, systemic, formal-legal, structural-functional. The conclusions state that terrorism is a global problem both for every state and the modern world in general. It poses a significant danger to human rights. If necessary, human rights and freedoms may be restricted in connection with a terrorist or other global threat. Scientific novelty is determined by the set of formulated conclusions and consists in explaining the mechanisms of the negative impact of the ideology and practice of terrorism on the possibility of realizing human and citizen rights, indicating ways to prevent terrorism through the implementation of the principles of the rule of law and, if necessary, by limiting human rights in connection with the terrorist threat
{"title":"Terrorism as a threat to human rights","authors":"V. Tymoshenko","doi":"10.56215/04221203.30","DOIUrl":"https://doi.org/10.56215/04221203.30","url":null,"abstract":"In this article, the author considers the essence of the terms \"human rights\" and \"terrorism\", defines the components of terrorism, establishes the interdependence of the fight against terrorism and ensuring the rights and freedoms of a person and a citizen. Being a form of violence, terrorism is used both by national liberation movements, ethnic and religious groups, and by criminal structures and individual states. The activity of terrorism increases sharply during the crisis. The impact of terrorist acts on the political, legal and social system in such periods not only leads to numerous victims and suffering from the population, violation of human and citizen rights and freedoms, but also has a powerful resonance effect, which can be a threat to national security. Combating terrorism is an important task of the state and society, and requires certain ideological and physical measures that must be scientifically based. Therefore, the topic of the article is important and relevant. The purpose of the article is to study the specifics of the impact of modern terrorism on human rights and to identify ways to prevent this impact. The methodological basis of the article was the dialectical and phenomenological approaches, as well as a system of philosophical-worldview, general scientific and special scientific methods, in particular: formal-logical, formal-dogmatic, systemic, formal-legal, structural-functional. The conclusions state that terrorism is a global problem both for every state and the modern world in general. It poses a significant danger to human rights. If necessary, human rights and freedoms may be restricted in connection with a terrorist or other global threat. Scientific novelty is determined by the set of formulated conclusions and consists in explaining the mechanisms of the negative impact of the ideology and practice of terrorism on the possibility of realizing human and citizen rights, indicating ways to prevent terrorism through the implementation of the principles of the rule of law and, if necessary, by limiting human rights in connection with the terrorist threat","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"281 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122945427","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 the conditions of scientific and technical progress, updating of legislation and law enforcement practice, technical and forensic support for the investigation of criminal offenses in the activities of investigative and expert units acquires special importance, requiring the complexity of research, including, taking into account the experience of foreign countries, which thanks to innovations in the fight against crime is gradually moving away from traditional (conservative) methods and methods of detecting, collecting and fixing traces of criminal offenses, and the situation in which law enforcement agencies have been working for more than half a century is quite close to the one that has developed today in connection with the armed military aggression against Ukraine. The latest technologies in the investigation of criminal offenses were considered and the ways of implementation of the best foreign practices in the activity of investigative and expert units of Ukraine were proposed. Attention is drawn to the application of artificial intelligence as a systematized set of information technologies, aimed at performing sufficiently complex forensic tasks. The feasibility of using the method of Forensic intelligence in Ukraine as a means of obtaining orienting and evidentiary information, which consists in combining disparate pieces of information (forensic materials) during the investigation of multi-episode (serial) criminal offenses in order to obtain a complete picture of repeated acts, is scientifically argued and establishing connections between places of criminal offenses committed by the same criminal or group of persons based on VideoAnalytics. The work of the "The Next Step" program, which allows you to compare shoe prints from different places of the commission of a criminal offense based on external features based on the geolocation of the scene, is considered. The adoption of foreign experience in the part of involving a forensic expert in the inspection of the scene of the incident with the authorization to conduct such an investigative (search) action in individual cases without the presence of an investigator, and upon completion of which to draw up an inspection protocol or an expert opinion, with further referral to the authorized entity, is substantiated (investigator) in order to reduce the burden on pretrial investigation bodies of Ukraine
{"title":"International experience of forensic support for crime investigation","authors":"S. Cherniavskyi, D. Tychyna, R. Pertsev","doi":"10.56215/04221203.09","DOIUrl":"https://doi.org/10.56215/04221203.09","url":null,"abstract":"In the conditions of scientific and technical progress, updating of legislation and law enforcement practice, technical and forensic support for the investigation of criminal offenses in the activities of investigative and expert units acquires special importance, requiring the complexity of research, including, taking into account the experience of foreign countries, which thanks to innovations in the fight against crime is gradually moving away from traditional (conservative) methods and methods of detecting, collecting and fixing traces of criminal offenses, and the situation in which law enforcement agencies have been working for more than half a century is quite close to the one that has developed today in connection with the armed military aggression against Ukraine. The latest technologies in the investigation of criminal offenses were considered and the ways of implementation of the best foreign practices in the activity of investigative and expert units of Ukraine were proposed. Attention is drawn to the application of artificial intelligence as a systematized set of information technologies, aimed at performing sufficiently complex forensic tasks. The feasibility of using the method of Forensic intelligence in Ukraine as a means of obtaining orienting and evidentiary information, which consists in combining disparate pieces of information (forensic materials) during the investigation of multi-episode (serial) criminal offenses in order to obtain a complete picture of repeated acts, is scientifically argued and establishing connections between places of criminal offenses committed by the same criminal or group of persons based on VideoAnalytics. The work of the \"The Next Step\" program, which allows you to compare shoe prints from different places of the commission of a criminal offense based on external features based on the geolocation of the scene, is considered. The adoption of foreign experience in the part of involving a forensic expert in the inspection of the scene of the incident with the authorization to conduct such an investigative (search) action in individual cases without the presence of an investigator, and upon completion of which to draw up an inspection protocol or an expert opinion, with further referral to the authorized entity, is substantiated (investigator) in order to reduce the burden on pretrial investigation bodies of Ukraine","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123736095","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}
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