Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav最新文献

{"title":"Circumstances to be proved in the investigation of violations of the laws or customs of war","authors":"O. Taran, Andrii Zapototskyi, O. Starenkyi","doi":"10.56215/0122273.09","DOIUrl":"https://doi.org/10.56215/0122273.09","url":null,"abstract":"Investigating violations of the laws and customs of war is a relatively new area of activity for law enforcement agencies in Ukraine. Although some experience of such investigations has existed since 2014, the international armed conflict that began on February 24, 2022, identified almost all forms (methods) of violation of the laws and customs of war, which requires a comprehensive analysis and correct understanding of the rules of international humanitarian law that define the rules for participants in armed conflict. The purpose of the research is to define some circumstances to be proved in the course of the investigation of violations of the laws and customs of war and to disclose their content with due regard for the rules of international humanitarian law which determine the specifics of the object of proof in such criminal proceedings. The research employs philosophical (dialectical and hermeneutical), general scientific (systemic, historical, functional), and special scientific (comparative jurisprudence, technical-legal, and interpretation of legal provisions) methods of cognition. The work is based on the provisions of the treaty and customary law of armed conflict, the practice of its application at the national and international level, national law providing for liability for violation of the laws and customs of war, the procedural procedure for investigating criminal offences, and forensic recommendations for investigating particular types of crimes. Based on the results of the research, the author develops several circumstances to be proved in the course of investigation of the laws and customs of war as separate but related to other elements of the object of proof, namely: lawful combatants, combatant's immunity; territorial and time limits of international humanitarian law; legitimate purpose, military necessity. Their content, evidentiary value, and relationship are covered","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"182 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123005787","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}

{"title":"Modern possibilities of using unmanned aerial vehicles by Police authorities and units: Analysis of foreign and Ukrainian experience","authors":"Ihor Yefimenko","doi":"10.56215/0122273.65","DOIUrl":"https://doi.org/10.56215/0122273.65","url":null,"abstract":"The relevance of the research subject is conditioned upon the scientific originality and practical significance of using modern capabilities of unmanned aerial vehicles by police authorities and units. The relevance of the research issue is that the provisions of the current legislation defining the legal basis for using unmanned aerial vehicles by police authorities and units are mostly formally defined. Based on this, and considering that the law enforcement system has encountered new challenges which constantly require the introduction of the latest methods and means of countering crime, including using modern achievements of digital, technological, scientific and technical progress, the purpose of this research is to analyse the foreign experience of using unmanned aerial systems by law enforcement agencies, and based on this, to develop proposals for improving the current legislation in the part concerning using UAVs. The research methodology includes a combination of general scientific and special methods that allow for defining assumptions and drawing conclusions. The research examines the relevant issues of the day concerning using the technical capabilities of unmanned aerial systems in the course of performing the tasks assigned to police agencies and units. In particular, the author examines the international experience of some technologically advanced countries (the USA, Great Britain, Germany, France, China and Israel) in using modern capabilities of unmanned aerial vehicles by law enforcement agencies. Attention is devoted to the development of the aviation industry of Ukraine in terms of the design of Ukrainian unmanned aerial vehicles, and the prospects for their implementation in the activities of the National Police. The author outlines the main prospects for using unmanned aerial vehicles in the activities of police agencies and units. In particular, those related to the protection of public order, road safety, detection, suppression and counteraction to criminal and administrative offences, and protection and defence of human rights and freedoms, life and health. The scientific originality and practical significance of the research are that it highlights the current possibilities of using unmanned aerial vehicles by police authorities and units, outlines some issues of a working nature which require resolution, and, based on international experience, identifies the areas for improvement of the current legislation on using unmanned aerial vehicles by the National Police","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123536063","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}

{"title":"Operational and technical measures in counteracting bribery-related corruption offences","authors":"M. Hribov","doi":"10.56215/0122273.19","DOIUrl":"https://doi.org/10.56215/0122273.19","url":null,"abstract":"Legislators and developers of by-laws and regulations, theorists and practitioners consider anti-corruption as one of the priorities of Ukraine's domestic policy. However, the work of law enforcement agencies in detecting and investigating corruption offences is not sufficiently productive. But it is in the legal regulation of operational and technical measures and covert investigative actions that several problems have accumulated, which determines the relevance of this study. The purpose of the work is to outline the range of problems of legal regulation and the practical application of operational and technical measures and relevant covert investigative actions in combating corruption offences related to bribery. The methodological tools are chosen according to the chosen purpose and considering the object and subject of the study. The study is based on the general dialectical method of cognition, which is used to explore social and legal phenomena and processes, and to establish their connections with the work of operational and investigative units of law enforcement agencies, prosecutors and courts. In addition, general scientific and specific methods of legal science were used, including: logical-legal (dogmatic); system-structural; comparative legal and comparative; and sociological. It is substantiated that a necessary condition for increasing the efficiency of the application of operational and technical measures and relevant covert investigative actions in combating corruption offences is the specification and detailing of legislative provisions that establish the content and procedure for conducting some activities. The law should define all operational and technical measures (and relevant covert investigative (search) actions), clearly distinguishing between audio, and video control of: a person; a publicly inaccessible place; a publicly accessible place, and visual surveillance of a publicly accessible place using photography, video recording and special technical means for surveillance. The practical value of the work is conditioned upon the prospects of using the results","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130916544","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}

{"title":"Problems of administrative liability for domestic violence against children","authors":"O. Maksymenko","doi":"10.56215/0122273.78","DOIUrl":"https://doi.org/10.56215/0122273.78","url":null,"abstract":"The scientific research reflected in the content of this study is devoted to the main theoretical, legal and practical issues of administrative liability for domestic violence against a child. The purpose of the study – outline the specific features of protection of a child's right against domestic violence in Ukrainian legislation and identify the factors which indicate the necessity to distinguish domestic violence against a child as an administrative offence with more serious consequences, and, accordingly, to apply a more severe penalty to the offender. According to the purpose and specifics of the subject matter of the study, the author has applied a set of methods: philosophical methods – dialectical, phenomenological and others; general scientific methods: systematic, induction, deduction of analysis, synthesis, analogy, comparison; and methods of a specific legal science: comparative-legal, legal statistics, legal generalisation, legal analysis, formal-legal etc. The study examines the definition of domestic violence under Ukrainian law and summarises some ways to counteract this phenomenon. It is emphasised that the Code of Ukraine on Administrative Offences does not distinguish between the specifics of administrative liability for domestic violence against an adult and a child. However, according to statistical studies, the number of children suffering from domestic violence is increasing every year. It highlights the relevance of the study. The practical value is that the study identifies and characterises the main theoretical, legal and practical issues of administrative liability for domestic violence against a child, and develops substantiated proposals for amending Article 173-2 of the Code of Administrative Offences","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129908642","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}

{"title":"Criminalistics characterisation of criminal offences related to domestic violence","authors":"Yuliia Komarynska","doi":"10.56215/0122273.55","DOIUrl":"https://doi.org/10.56215/0122273.55","url":null,"abstract":"Combating domestic violence has become a relatively recent issue. Compared to other criminal acts, domestic violence has for many centuries been considered, by religious standards, traditions and customs of peoples, a purely family affair. Despite all the adverse manifestations and consequences of such violence, not all countries have criminalised such actions to the present day. Improving the process of investigating domestic violence remains a challenge, even though significant progress has been made. The purpose of the research is to explore and develop a structure for the forensic characterisation of criminal offences related to domestic violence, which is the starting point for establishing an effective methodology for their investigation. The research uses scientific methods (analysis, modelling and heuristic) to explore the methods of investigation of various criminal offences, which resulted in determining the levels of forensic characteristics of the criminal offences being explored and systematising its main and most significant elements. In addition, the analysis of court practice has allowed the conclusion that during the pre-trial investigation, the facts of the connection between a criminal offence and domestic violence are not established or procedurally fixed, and therefore are not considered by the court. The investigator should strive to prevent such a situation. From the very first steps of the investigation, it is necessary to establish and record the facts of systematic violence in the family circle. And the knowledge of specific elements of forensic characteristics and their correlations is the foundation for choosing the tactics of investigation, its qualified management and planning","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129011817","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}

{"title":"The subject of money laundering as a starting point for an effective investigation","authors":"V. Pisnyĭ","doi":"10.56215/0122273.86","DOIUrl":"https://doi.org/10.56215/0122273.86","url":null,"abstract":"The relevance of the subject is the necessity to correctly identify the subject of money laundering during the investigation, in the context of the current version of the Criminal Code of Ukraine. The purpose of the research is to define modern approaches to determining the subject of property laundering. The research methodology includes general scientific methods, in particular, analysis, synthesis and generalisation, to determine the characteristics of the subject of the crime; special research methods, namely, formal-logical and comparative-legal – to determine the specifics of the subject of the crime at the current stage of development of legal science and the regulatory framework. The result of the research is a generalisation of positions on the location of the crime object among the elements of forensic characterisation and the importance of its clarification. The author describes legislative innovations and their impact on the identification of the subject of a criminal offence. The types of property that can be subject to legalisation are defined. The research describes the problems faced by investigators in the course of investigating property laundering related to an atypical object of crime – a “virtual asset”. The author outlines approaches to establishing the subject of a criminal offence in modern realities, the possibility of its transformation and further clarification, and the involvement of persons with specialised knowledge. The connection between the person of the offender and the object of the crime is described. The author considers the possibilities of using international cooperation to clarify the subject of property legalisation and its identification","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"195 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127667601","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}

{"title":"Theoretical and applied principles of the phenomenon of counteracting psychophysiological research by using a polygraph","authors":"O. Motliakh, J. Widacki","doi":"10.56215/0122273.41","DOIUrl":"https://doi.org/10.56215/0122273.41","url":null,"abstract":"The relevance of the research is conditioned upon the fact that nowadays, in the practice of psychophysiological research, polygraph examiners are increasingly faced with the phenomenon of opposition from the subjects, who thus try to distort or distort the results obtained through using instrumental methods of psychodiagnostic. The purpose of this research is to highlight and analyse the various ways in which insincere persons can counteract these studies and the signs that indicate their use. The main components of the methodological toolkit are the dialectical method of scientific knowledge of real phenomena and general scientific and special methods of polygraphy. The author substantiates the techniques and methods of counteracting psychophysiological research by using a polygraph through the relevant signs that indicate them. It has been established that currently, the most common forms of counteracting psychophysiological research using a polygraph are physical (mechanical) methods that have external physical manifestations through the targeted mechanical action of the person under investigation and perform a distracting function from the instrumental testing procedure. The author considers physiological methods that involve a change in the examinee's psychophysiological state through the effect of excessive physical activity on the body performed or applied on the eve of a polygraph examination, which causes fatigue or demonstrates exhaustion of human strength. It was noted that, based on the identified signs and methods of counteraction, the polygraph examiner decides on the time of postponement of the examination procedure or further refusal to conduct it. The practical significance of the work consists in the fact that the methods of counteracting the research procedure, and signs of psychophysiological reactions used by insincere individuals, substantiated in it, will avoid errors in the work of a polygraph examiner, and will obtain a high level of reliability of the results of research using a polygraph","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"76 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":"124011452","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}

{"title":"FORENSIC CLASSIFICATION OF DOCUMENTS","authors":"V. Sezonov, Olha Sezonova","doi":"10.56215/0122272.40","DOIUrl":"https://doi.org/10.56215/0122272.40","url":null,"abstract":"The relevance of the study is conditioned by the major legal significance of documents in criminal science, since they are an evidence base, means of certifying certain facts, and their diverse variability and constant processes of change against the background of global informatisation. Based on the above, the purpose of the study is to analyse the conceptual category of the term “document” and its proportionality with such categories as criminalistics, forensic documentation, and criminal offences; in addition, the main task of the study is to build a variable and structured classification of documents, which is necessary for its practical application in document science in the field of forensic science. The systematic approach was central, and the methods of terminological analysis, analysis, synthesis, and comparison were also used. The study result is the presentation of variable forensic classifications of documents on the basis of a number of grounds that were analysed and investigated by analysing the doctrine in the works of researchers and authors, with the subsequent determination of the advantages and disadvantages of each approach to classification and based on the comparative analysis and comparison of data on the proposal of the most dominant classification structure of documents. The study of the forensic classification of documents, highlighting the optimal approach, will simplify their further use in the theory of criminalistics and in practice, directly during the investigation of criminal offences. The results can also be used in the course of the investigator's work at a particular stage of the investigation, determining the subject and tactical advancement of investigative actions","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130021460","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}

{"title":"SOCIAL-WIDE PREVENTION MEASURES IN RELATION TO VANDALISM IN THE MODERN CONTEXT","authors":"A. Dobroskok","doi":"10.56215/0122272.67","DOIUrl":"https://doi.org/10.56215/0122272.67","url":null,"abstract":"At the present stage of development of society, the problem of vandalism does not lose its relevance, but is actively developing, expressing itself in new forms (vandalism in relation to landscaping, outdoor lighting, and small architectural forms, vandalism in relation to Jewish monuments – anti-semitism). Nowadays, vandalism reigns in various spheres of public relations with the participation of all segments of the population, the legal nature of this phenomenon is constantly developing, improving, and does not correspond to the conventional legal interpretation. Thus, the purpose of the study is to consider and characterise measures of social-wide prevention aimed at effectively preventing the commission of vandalism in modern conditions. The methodological basis of the study consists of dialectical, formal logical, system and structural, and statistical methods. The theoretical basis of the study is the papers of Ukrainian and foreign researchers on the analysed negative social phenomenon and improving the effectiveness of countering it in Ukraine in the modern context. The study examines the issue of vandalism as an urgent problem of modern society, because in modern social conditions vandalism poses a real threat to the national security of the country and requires an urgent state response. The author formulated the definition of the concept of prevention of criminal offences related to vandalism, which fully reveals the structure of prevention, considering the significance and area of vandalism. During the study of the procedure for preventing vandalism, it was established that one of the areas of prevention in law enforcement activities are social-wide measures. It is determined that social-wide prevention, first of all, should be aimed at improving the well-being of the population through influencing social transformations that determine the social, economic, cultural and educational, ideological, legal, organisational and managerial existence of society. It is highlighted that the peculiarity of prevention measures in modern conditions is to consider all elements of criminal offences initiated on the grounds of committing acts of vandalism. The practical significance of the study is both theoretical and practical, because the described scientific provisions, individual generalisations, conclusions, and recommendations can be used in the future in research and in the educational process, because today there is a tendency to a comprehensive study of vandalism to improve the effective mechanism for preventing it","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115809941","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}

{"title":"INTERDEPENDENCE OF MARGINALITY AND ANOMIE","authors":"V. Tymoshenko","doi":"10.56215/0122272.09","DOIUrl":"https://doi.org/10.56215/0122272.09","url":null,"abstract":"The causes, characteristics, and consequences of marginality and anomie, their mutual influence and connection are considered. Anomie is essentially a complex of social and cultural pathologies that affect society. Legal anomie has distinctive features. Marginality can be considered as a state of the individual, which implies its exclusion from social structures and generates uncertainty of social positions, which affects the consciousness of the person, their lifestyle and actions. Marginality underlies disorganisation and reorganisation processes in the life of society, it contributes to the emergence of anomie, the grounds of which generally consist in the discrepancy between the dominant ideology of priority of law and limited legal means and ways of satisfying life's needs. The consequence of anomie may be a sharp increase in the crime rate. Therefore, the study of marginality as a prerequisite for anomie is justified and relevant. The purpose of the study is to identify factors of marginal behaviour that have a destructive, even criminogenic potential; focusing on the fact that marginality destabilises social relations, leads to conflicts, offences, and anomie. The methodological basis of the study is a system of philosophical and ideological, general scientific and special scientific principles and methods, in particular: the principles of objectivity, concreteness, complexity; dialectical, formal and logical, systemic, structural and functional methods. The conclusions indicate that marginality is one of the causes of anomie, which, in turn, contributes to the further marginalisation of society. The scientific originality of the study is determined by the totality of the formulated conclusions and consists in explaining the interdependence of marginality and anomie, identifying ways to neutralise anomie processes through the practical implementation of the principles of the rule of law, legal equality, and eliminating the causes of marginal behaviour. The study results contribute to identifying ways to influence people who are prone to marginal behaviour, improving the means and methods of overcoming anomie in society, and reducing the manifestations of illegal behaviour. This indicates their practical significance","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114192911","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}