Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav最新文献

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Prosecutor's Procedural Guidance on Pre-Trial Investigation: International Experience and National Realities 审前调查检察官程序指南:国际经验与国家现实
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-02-01 DOI: 10.56215/0122271.66
Marharyta О. Bibikova
{"title":"Prosecutor's Procedural Guidance on Pre-Trial Investigation: International Experience and National Realities","authors":"Marharyta О. Bibikova","doi":"10.56215/0122271.66","DOIUrl":"https://doi.org/10.56215/0122271.66","url":null,"abstract":"One of the main problems of reforming the institution of the prosecutor’s office is the partial uncertainty of the function of procedural guidance of pre-trial investigations as an element of supervisory powers. The lack of provisions on effective influence on the implementation of instructions on the management of the investigation, bringing investigators to justice, etc. indicates the need to review the existing approaches to the scope of the prosecutor’s powers. The purpose of the study is to analyse existing approaches to the scope of the prosecutor’s powers regarding the procedural management of pre-trial investigations and to analyse the international experience of the functioning of this institution of criminal procedure. When writing this paper, terminological, system and structural, comparative and legal methods were used. The paper analyses the current state of procedural guidance in Ukraine and a number of European and post-Soviet countries to identify positive innovations and develop proposals for their implementation in the national law enforcement environment. The necessity of bringing approaches to the consolidation of this institution in the legislation in accordance with the provisions of the Constitution of Ukraine is discussed. The paper considers in detail the requirements of the legislation of Germany and Georgia regarding the consolidation of the institution of procedural guidance for pre-trial investigations. The classification of states according to the powers of their prosecutor’s offices in terms of procedural management of pre-trial investigations is carried out. It is proved that the institute of procedural management of pre-trial investigations in Ukraine requires application of the experience of foreign countries. The findings can be used in rule-making and law enforcement activities","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129950374","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}
引用次数: 0
Prevention of Fraud with Real Estate in the Residential Sector in Ukraine at the Present Stage 预防欺诈与房地产在住宅部门在乌克兰现阶段
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2022-02-01 DOI: 10.56215/0122271.48
A. Dobroskok
{"title":"Prevention of Fraud with Real Estate in the Residential Sector in Ukraine at the Present Stage","authors":"A. Dobroskok","doi":"10.56215/0122271.48","DOIUrl":"https://doi.org/10.56215/0122271.48","url":null,"abstract":"The real estate market in Ukraine is increasing the pace of its development every day, especially in large cities, and accordingly, in parallel with such active development, several ways of acquiring, alienating, and obtaining real estate objects are being improved. However, it is quite difficult to investigate specific volumes of fraud, since most of these phenomena still are latent, and as a result, the prevention measures taken do not give the desired results, so the issue under study is truly relevant for the scientific plane. The purpose of this study is to analyse the most common manifestations of fraudulent actions in the housing sector, their determinants in Ukraine, as well as to identify effective measures to prevent criminal offences of this category and implement them in the legal reality of the country. The study uses the general dialectical method of scientific knowledge of real phenomena, their connections, as well as the Aristotelian method. The theoretical framework of this study comprises the works of Ukrainian and foreign scientists on a comprehensive study of this adverse phenomenon and the development of effective counteraction to it in the current conditions. Based on the conducted research, the main ways of committing a criminal offence and measures that can prevent fraud with real estate in the housing sector are studied and highlighted. Statistical data on the number of registered criminal offences related to fraud in the field of property in recent years and the indicator are presented the ratio of the number of latent acts. The article examines the current state of national legislation in the field of prevention of crimes in the housing sector and identifies areas for improving the mechanism regulating this institution in Ukraine. Proposals have been made to eliminate a number of causes that contribute to this phenomenon today. The practical significance of scientific work lies in the fact that the studied scientific provisions, generalisations, conclusions, and recommendations have both theoretical and applied significance, which can later be used in research activities and the educational process","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123470143","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}
引用次数: 0
State Policy of Human Rights in the Field of National Security in the Context of Digitalization 数字化背景下国家安全领域的国家人权政策
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-10-26 DOI: 10.56215/01211214.46
D. Chyzhov
{"title":"State Policy of Human Rights in the Field of National Security in the Context of Digitalization","authors":"D. Chyzhov","doi":"10.56215/01211214.46","DOIUrl":"https://doi.org/10.56215/01211214.46","url":null,"abstract":"The purpose of the article is to determine the main directions of the State policy of ensuring human rights in the field of national security in the context of digitalization based on the study of scientific views, regulatory documents in the field of national security, human rights, and digitalization of the country. To achieve this goal, the following tasks are set: to provide arguments for the relevance of the chosen topic for research; to characterize the content of certain areas; to provide justification for the importance of ensuring state security and human rights in the context of digitalization; to determine the relationship between information and cybersecurity at several levels - security of the individual, society and the state. The methodological basis of the scientific article is a coherent and consistent system of methods that allowed for a proper analysis of the subject matter of the study, in particular, general scientific methods of analysis, synthesis, induction and deduction were used. The theoretical basis of this publication is the works of domestic scholars on human rights in the field of national security in the context of digitalization, as well as speeches by representatives of public authorities at special events on the chosen topic. The scientific novelty of the publication lies in the fact that, based on the analysis, we distinguish two areas of ensuring human rights in the field of national security in the context of digitalization: 1) information security as a component of national security in the context of digitalization; 2) implementation of the digital transformation of the Armed Forces and ensuring information security. It is substantiated that there are more than 2 such areas, but given the limited scope of the study, other areas will be the subject of further scientific research. Conclusions. It is argued that information security should be considered in conjunction with cybersecurity. At the same time, their symbiosis can be represented at three levels: state security, society security, and individual security. It is emphasized that information and cyber security of an individual should be put at the highest level: its provision will become the basis for ensuring information security of society and the State as a whole. It is substantiated that cybersecurity is reaching a new level - the national level, as well as from the civilian sphere - in the field of defense","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130202476","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}
引用次数: 0
Detention by an Authorized Official in a Person’s Home or Other Property: Current Issues of Theory and Practice 被授权官员拘留在一个人的家中或其他财产:当前的理论和实践问题
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-10-10 DOI: 10.56215/01211214.7
A. Vozniuk, Alyona Duda
{"title":"Detention by an Authorized Official in a Person’s Home or Other Property: Current Issues of Theory and Practice","authors":"A. Vozniuk, Alyona Duda","doi":"10.56215/01211214.7","DOIUrl":"https://doi.org/10.56215/01211214.7","url":null,"abstract":"The purpose of the article is to analyze problematic issues of the criminal procedure for detention in housing or other property of a person and the formation on this basis of scientifically sound recommendations for improving existing legislation and practice of its application. Methodology. The article uses a set of scientific methods, namely: terminological, system-structural, formal-logical, comparative-legal. The theoretical basis of the study are the works of Ukrainian scientists, the provisions of the Criminal Procedure Code (CPC) of Ukraine, as well as the practice of its application. The scientific novelty of the article is that it highlights the features of detention of a person who is in the home or other property of a person, formulates recommendations for the application of the relevant provisions of the CPC of Ukraine in practice, and identifies areas for improving criminal procedural law. actions. Conclusions. Based on the results of the study, a set of proposals aimed at improving the provisions of the CPC of Ukraine regulating the procedure for detention in housing or other property and the practice of their use, in particular: 1) necessary grounds for both intrusion and detention in a person’s home or other property, as in fact these are different procedural actions; 2) in case of detention by an authorized official without the decision of the investigating judge, court, physical detention or detention by order may be carried out by all police officers in accordance with the Law of Ukraine “On National Police”, as well as other law enforcement officers. drawing up a detention report, only the investigator, prosecutor has the right (given the above provisions of the CPC of Ukraine need clarification by a clear delineation of detention, which includes the full range of measures from physical detention to drawing up a protocol and physical detention); 3) Art. 208 of the CPC of Ukraine should provide for the provision that physical detention or detention by order may be carried out by law enforcement officers, in the presence of legal grounds specified in Part 1 of Art. 208 of the CPC of Ukraine, and procedurally formalize these actions can only authorized officials – investigator, prosecutor; 4) at the legislative level, it is advisable to provide for the possibility of detention on suspicion of committing a criminal offense before entering data into the Unified Registry of Investigations; 5) it is necessary to expand the emergencies provided for in Part.3 of Art. 233 of the CPC of Ukraine, by granting the right to the investigator, investigator, prosecutor to decide on the decision of the investigating judge to enter the home or other property of a person in urgent cases involving detention of a suspect, accused in order to get him to participate in the consideration of the request for the application of a measure of restraint in the form of detention","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132865792","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}
引用次数: 0
Constitutional Right of Citizens to Peaceful Assemblies in the System of Modern Legal Values 现代法律价值体系中的宪法公民和平集会权
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-09-28 DOI: 10.56215/01211214.36
O. Drozd, M. Romanov
{"title":"Constitutional Right of Citizens to Peaceful Assemblies in the System of Modern Legal Values","authors":"O. Drozd, M. Romanov","doi":"10.56215/01211214.36","DOIUrl":"https://doi.org/10.56215/01211214.36","url":null,"abstract":"The purpose of the article was to study the place of the constitutional right of citizens to peaceful assembly in the system of modern legal values. The scientific novelty of the study is that the article substantiates the place of the constitutional right of citizens to peaceful assembly in the system of modern legal values, clarifies the concept and essence, as well as an overview of the system of legal values in Ukraine. Peaceful assemblies in the relevant system, such a statement is argued, the conclusions to the study are substantiated, based on the formed arguments and available facts. Conclusions. The provisions presented in the article form the position that the issue of formation and formation of the system of modern legal values is the most relevant in the formation of national democracy and the establishment of the principles of the rule of law. The legal system of society is a purely legal phenomenon that is closely interconnected with the system of legal values, derives from it and is formed on the basis of long-standing traditions and established social (social) practices. According to the results of the analysis of the influence of the culture of peaceful assemblies and the implementation of the relevant law by citizens and its formation in the system of modern legal values, it was proved that every significant historical stage of Ukrainian statehood was marked by mass assemblies. Ukrainian history, including the history of Ukrainian law and the legal system, is full of several striking examples of public realization of the right to peaceful assembly by citizens, which entailed real legal consequences, as well as prevention of usurpation of power and other illegal acts. citizens’ rights","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124537884","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}
引用次数: 0
Subjective Side of the Criminal Offense of Illicit Enrichment 非法得利罪的主观侧面
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-09-21 DOI: 10.56215/01211214.17
B. Bezhynskyi
{"title":"Subjective Side of the Criminal Offense of Illicit Enrichment","authors":"B. Bezhynskyi","doi":"10.56215/01211214.17","DOIUrl":"https://doi.org/10.56215/01211214.17","url":null,"abstract":"The purpose of the article is to research the mental element of illegal enrichment through analyzing the characteristics and development a new legal framework to improve the article 3685 of the Criminal Code of Ukraine. The methodological basis of the study is a set of methods of scientific cognition, among which the dialectical method of cognition occupies the main place that helps to identify theoretical, legislative and applied aspects of illegal enrichment. Moreover, our research has general and special methods: formal-logical, system-functional, comparative-legal and historical-legal. The scientific novelty of the article is that article to views actual problems the mental element of illegal enrichment to use modern methods of cognition and new research. It is proposed specific proposals to improve the article 3685 of the Criminal Code of Ukraine. According to the results of the conducted research, the following conclusions have been formulated mental element of illegal enrichment. Illegal enrichment can be with direct intent. It is proposed an intellectual intent the direct intent like a mental attitude of the person to the action that has three blocks of features: a) signs of action (the guilty party recognizes the risk of action the purchase of assets); b) social status (the subject to understand his legal status in public authorities or local governments) c) other characteristics the crime that vary with place, environment and time. At the same time, extroverted moment is desire to respond to socially dangerous actions, namely the desire to activate. The motive is mercenary (the method of which is illegal prohibited by law possession of material goods (acquisition of assets) for their own); the purpose is to acquire assets as a result the person might be to take any action at his discretion; emotional state – a state of strong emotional excitement (physiological affect) does not affect how discrimination of illegal enrichment. It is proposed to the article 3685 of the Criminal Code of Ukraine add before words “acquisition of assets…by a person” the word “deliberate”","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127284885","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}
引用次数: 0
Characteristics of the Legal Institution and Legal Relations of Confidential Cooperation 保密合作的法律制度特征与法律关系
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-09-21 DOI: 10.56215/01211214.53
V. Kateryniuk
{"title":"Characteristics of the Legal Institution and Legal Relations of Confidential Cooperation","authors":"V. Kateryniuk","doi":"10.56215/01211214.53","DOIUrl":"https://doi.org/10.56215/01211214.53","url":null,"abstract":"Confidential cooperation is a separate interdisciplinary legal institution and a separate type of procedural and legal relations between authorized employees of public authorities and individuals who cooperate with them. According to Art. 19 of the Constitution of Ukraine, such relations and the activities of these authorities must be regulated by the laws of Ukraine. However, the institution of confidential cooperation in the legislation is insufficiently regulated, there are no definitions of basic concepts, and the existing provisions of law are contained in various laws and only fragmentarily regulate the relevant legal relations, which complicates their understanding, researching and using. The purpose of the article is a general legal analysis of the institute of confidential cooperation and relevant legal relations; definition of its concepts, principles, subjects, object and content in the context of activity of the National Anti-Corruption Bureau of Ukraine (hereinafter – the National Bureau). Methodology. During the writing of the article general scientific methods were used: systems analysis, analogy and comparison, as well as common law methods: rather-legal method, technical legal method, logical and legal reasoning. The state of scientific research and the current legislation of Ukraine, which regulates the relevant legal relations, have been analyzed, its separate norms have been compared. The basic legal terms on the raised subject have been defined. A systematic analysis of the legal institute and the legal relations of confidential cooperation has been conducted both from a purely doctrinal point of view and on the example of activity of the law enforcement agency. Some features and characteristics of the relevant institution and relations are clarified. The results of the research are generalized, concretized and presented in the form of statements and conclusions. Therefore, they can be used in other scientific researches and have both scientific and practical value. The scientific novelty is that in open sources, confidential cooperation is for the first time systematically considered as a separate legal institution and a type of legal relationship; the conceptual and categorical apparatus, principles, subjects, object and content are determined, in particular the rights, duties, responsibilities and guarantees of both authorized employees and confidants are studied in detail. For the first time, the issue of the functioning of the institute of confidential cooperation in the National Bureau, which has its own features and differences in comparison with other law enforcement agencies, was studied. The results of the study can also be used to raise awareness of practitioners, the legal community and the public on the specified issue, as well as in rule-making. Conclusions: the institution of confidential cooperation should be thoroughly regulated by law, as it is connected with law enforcement activities of state bodies and th","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124293206","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}
引用次数: 1
Method Commission of Illegal Manufacture, Processing or Repair of Firearms or Fraud Unlawful Removal or Changes its Labeling or Illicit Manufacture of Ammunition, Explosives or Explosive Devices 方法非法制造、加工、修理枪支或者欺诈、非法移走、变更枪支标识或者非法制造弹药、爆炸物品、爆炸装置的
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-09-08 DOI: 10.56215/01211214.22
Serhii Peretiatko
{"title":"Method Commission of Illegal Manufacture, Processing or Repair of Firearms or Fraud Unlawful Removal or Changes its Labeling or Illicit Manufacture of Ammunition, Explosives or Explosive Devices","authors":"Serhii Peretiatko","doi":"10.56215/01211214.22","DOIUrl":"https://doi.org/10.56215/01211214.22","url":null,"abstract":"The purpose of the scientific article is to find out ways to commit the illegal manufacture, processing or repair of firearms or falsification, illegal removal or alteration of their markings, or illegal manufacture of ammunition, explosives or explosive devices. The methodological basis of scientific research is a set of methods and techniques of scientific knowledge necessary to achieve a specific goal, the specifics of the object and subject of research. The use of methods ensured the validity and reliability of the research results. The leading method of research is dialectical, with the help of laws and categories which determine the methods of illegal manufacture, processing or repair of firearms or falsification, illegal removal or alteration of its markings, or illegal manufacture of ammunition, explosives or explosive devices. Special research methods were also used, namely: method of system analysis, system-structural, formal-logical, sociological and statistical. The scientific novelty of the publication is as follows: it is established that the main ways of committing the crime under investigation are active actions against firearms, ammunition, explosives or explosive devices: manufacture (for all weapons specified in Article 263-1 of the Criminal Code); reworking, removal of markings, change of markings (only for firearms); most ways of committing crimes are fully structured (have stages of preparation, commission and concealment); actions covered by the features of the crime are often a separate link in the chain of detailed criminal activities related to the illicit trafficking of weapons, ammunition, explosives or explosive devices; the expediency of the definition in Art. 263-1 of the Criminal Code of Ukraine of criminal liability for illegal processing of ammunition. Conclusions. Most ways of committing crimes under Art. 263-1 of the Criminal Code of Ukraine, are fully structured, i.e. have stages: a) preparation: the choice of premises; preparation of necessary materials, devices, tools; use of publicly available information in open sources on manufacturing, making constructive changes in weapons; purchase of tools, metalworking devices; visits to facilities related to their production, storage and use; purposeful survey of military conflict zones; b) committing and c) concealment: non-appearance on call; giving false testimony; refusal to testify; putting forward a false alibi; destruction of traces and tools of crime; influencing witnesses. In addition to the established, typical ways of committing crimes under Art. 263-1 of the Criminal Code of Ukraine, identified trends to improve, modernize methods of illegal manufacture, processing or repair of weapons: high-tech processing, manufacturing using modern technical means; use of reference information, purchase of separate constructive mechanisms, details to armaments through the Internet sites; application of masking agents. Actions covered by the signs of a crime under Art.","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128389346","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}
引用次数: 1
Involvement of the Expert by the Defendant for an Examination during the Investigation of the Murder 在调查谋杀案期间,被告人在专家的参与下进行检查
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-09-01 DOI: 10.56215/01211214.74
Maryna Illiashenko, A. Sakovskyi
{"title":"Involvement of the Expert by the Defendant for an Examination during the Investigation of the Murder","authors":"Maryna Illiashenko, A. Sakovskyi","doi":"10.56215/01211214.74","DOIUrl":"https://doi.org/10.56215/01211214.74","url":null,"abstract":"Objective. To study the possibilities and mechanisms of engaging an expert by a defense counsel in criminal proceedings on murder; to reveal the possibility of a defense counsel to engage an expert to conduct mandatory examinations in the investigation of murder; to formulate recommendations to the defense counsel on providing the expert who is engaged in the examination on the basis of his/her petition with objects and samples for expert examination. Methodology. The article uses a set of scientific methods, namely: terminological, systemic and structural, formal and logical, comparative legal. Scientific novelty. In criminal proceedings for murder, the defense may independently obtain an expert opinion on the basis of an agreement with an expert or an expert institution and submit it to the pre-trial investigation body or the court to substantiate its legal position. At the same time, it has been established that the defense cannot initiate forensic medical and forensic psychiatric examinations before an expert or expert institution due to legal conflicts between the provisions of the Criminal Procedure Code of Ukraine and the provisions of bylaws regulating the appointment of these types of forensic examinations. In order to obtain samples for examination, the accused was advised to involve a specialist in this procedural action or to obtain advice from him. Conclusions. In criminal proceedings for murder, the accused's ability to engage an expert to conduct an examination relates to the appointment of mandatory and optional examinations. To conduct mandatory forensic medical and forensic psychiatric examinations, the accused shall apply to the investigator or prosecutor for their appointment, and in case of refusal - to the investigating judge, submitting a corresponding petition. The inability of the accused to initiate forensic medical and forensic psychiatric examinations before an expert or expert institution violates the equal opportunities of the parties to criminal proceedings to present their evidence to the court and to prove their conviction in court. In order to ensure the possibility of conducting examinations in criminal proceedings on murder, the defense party initiating them shall submit to the investigator, prosecutor or investigating judge a request for specific objects and samples or obtain (request) them independently. When obtaining samples for examination, it is mandatory for the defense counsel who initiated the examination to be present in the presence of the relevant samples","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"486 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124418024","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}
引用次数: 0
Topical Issues of Countering theft of Vehicles Committed by Organized Groups 打击有组织团体盗窃车辆的专题问题
Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav Pub Date : 2021-08-30 DOI: 10.56215/01211214.31
O. Bohatykov
{"title":"Topical Issues of Countering theft of Vehicles Committed by Organized Groups","authors":"O. Bohatykov","doi":"10.56215/01211214.31","DOIUrl":"https://doi.org/10.56215/01211214.31","url":null,"abstract":"The purpose of the study – to establish the main (important) aspects of counteraction, illegal seizure of vehicles committed by organized groups. The methodological basis of the scientific article is a holistic and coherent system of methods, which allowed to properly analyze the subject of research, in particular, used scientific methods of analysis, synthesis, induction and deduction. The theoretical basis of this publication is the work of national scientists, survey of criminal investigation officers and investigators of the National Operational Police of Ukraine. The scientific novelty of the results of this experience is that the article comprehensively, using methods of studying and studying the positive practice of the National Police of Ukraine identified the necessary modern basic aspects of combating the criminal environment for illegal seizure of vehicles. Conclusions. It is advisable to apply a system of comprehensive measures to combat such criminal offenses, through operational and tactical forecasting of processes occurring in the criminal environment, based on systematic collection of information and its analysis to help eliminate the circumstances justifying illegal seizure of vehicles by organized groups. conducting operative-search and other measures to prevent and counteract organized groups committing such crimes. Dissemination of a kind of propaganda among the population, criminological knowledge about the sources, circumstances that influence the commission of such criminal offenses about the mechanisms of criminal behavior, will encourage citizen participation in the prevention of such crimes","PeriodicalId":111799,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"14 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121197658","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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