Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.11
V. Husieva, O. Prokopenko
{"title":"Theoretical background to the forensic characteristics formation for hostage-taking of a government official or law enforcement officer.","authors":"V. Husieva, O. Prokopenko","doi":"10.32631/pb.2023.2.11","DOIUrl":"https://doi.org/10.32631/pb.2023.2.11","url":null,"abstract":"The widespread aggression of the Russian Federation against Ukraine has led to an increase in the number of people in vulnerable situations, including a significant increase in the cases of disappearances and hostage-taking. In this regard, there is a need to improve the methods of investigating the hostage-taking of government officials or law enforcement officers. When developing and formulating an appropriate investigation methodology, it is first of all necessary to determine the forensic characteristics of the relevant crime. \u0000The purpose of the article is to define the concept, purpose, sources of formation and elements of the forensic characteristic of hostage-taking of a government official or a law enforcement officer. To achieve this goal, the following methods were used: analysis to work with the existing views of scholars on the issues of forensic characteristics; comparison to summarise information on the seizure of people both in the world and in Ukraine; and the scientific functional method to determine the purpose of forensic characteristics. \u0000As a result of the study, it has been established that there are some developments in the formation of various methods for investigating criminal offences, but there is no methodology for investigating the hostage-taking of a government official or a law enforcement officer. Therefore, there is a need, first of all, to formulate a forensic characteristic of the crimes under investigation, which will serve as the first step in the development of the investigation methodology. \u0000The concept of “forensic characteristics of hostage-taking of a government official or a law enforcement officer” has been defined as an important component of the forensic methodology, which is a detailed description of a criminal offence which will serve as a basis for solving practical problems arising during the pre-trial investigation. It has been clarified the theoretical and practical role of forensic characteristics, and two types of sources of information necessary for its formation have been identified: persons who have information about a criminal offence, including law enforcement officers, experts and specialists, and other participants to criminal proceedings; as well as relevant documents. Scientific positions on determining the composition of a forensic characteristic have been analysed and typical elements of the forensic characteristic of a hostage taking of a government official or a law enforcement officer have been identified: the circumstances of the crime, the method of its commission, traces of the crime, tools and means, the identity of the victim and the identity of the perpetrator.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127167362","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.06
Yurii Danylchenko
{"title":"Criminological analysis of the state and particularities of determination of the illegal possession of vehicles in Ukraine under conditions of armed aggression","authors":"Yurii Danylchenko","doi":"10.32631/pb.2023.2.06","DOIUrl":"https://doi.org/10.32631/pb.2023.2.06","url":null,"abstract":"The article deals with the criminological analysis of the state and peculiarities of determination of the illegal possession of vehicles in conditions of armed aggression. It has been established that the dynamics of illegal vehicle possession in the context of armed conflict are unfavourable. There has been a significant increase in the number of criminal offences committed under article 289 of the Criminal Code of Ukraine. It has been established that the deterioration of criminogenic situation according to the criterion under study was due to the intensification of a number of factors, the leading place among which is occupied by situational factors. Four groups have been defined and described, which are identified with the components of criminogenic situations. \u0000Supervisory and deficit factors are a group of determinants of illegal vehicle possession that represent complex criminogenic situations, the characteristics of which are inadequate control, supervision of vehicles in a static location. In situations of armed conflict, these determinants are shaped by the urgency of leaving vehicles unattended, prioritising saving lives and health, personal freedom when there is a risk of combat exposure, and the occupation of territory. \u0000Criminal and combat factors of illegal possession of vehicles are formed as an element of the combat situation; possession of vehicles by civilians occurs either on the battlefield or in connection with the performance by representatives of the aggressor country (combatants and other participants in the armed conflict) of tasks harmful to the interests of Ukraine: illegal possession of vehicles by members of diversionary-intelligence groups or hostile (Russian) combatants during combat operations. \u0000Occupation factors are most intensively reproduced in the conditions of full-scale armed aggression of the Russian Federation against Ukraine and are associated with the same large-scale and complex victimisation of the population who find themselves in the temporarily occupied territories. This category of citizens is completely deprived of legal guarantees of their rights and freedoms. \u0000Victim-urban factors are represented by a conglomeration of circumstances of criminogenic significance that form a situation of relaxed control over vehicles in places where they are forced to concentrate, for relatively long periods of time. These situations primarily involve the illegal possession of vehicles by internally displaced persons. The mass displacement of citizens from the northern, eastern and southern regions of Ukraine to the western region has created a shortage of secure, properly equipped parking spaces, making it easier for criminals to gain access to vehicles.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122051101","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.14
V. Zhornokui
{"title":"Abuse of authority as a ground for liability of bodies and persons performing the functions of business entities","authors":"V. Zhornokui","doi":"10.32631/pb.2023.2.14","DOIUrl":"https://doi.org/10.32631/pb.2023.2.14","url":null,"abstract":"The current state of legal doctrine and court practice on the issues of authority abuse as a ground for liability of bodies and persons performing the functions of business entities has been analysed. Since a business entity forms its own will and implements it through its bodies and persons performing the functions of its agencies, the relevant persons must adhere to the powers defined by law and the charter. If they act beyond their own powers, the will of such a legal entity is distorted and their own will, the will of individuals, takes place. \u0000The practice of bringing to justice members of bodies and persons performing the functions of business entities has now been established where such a legal entity is held administratively liable for an administrative offence committed by its authorised person. An example of this is cases involving liability for violations of the requirements of the legislation on the provision and disclosure of information in financial services markets. \u0000In general, it should be taken into account that the performance of a specific individual on behalf of a business entity in civil turnover does not change the independent nature of the will, behaviour and responsibility of such a legal entity for its actions in civil relations. It has been argued that, based on the general tenets of civil law, abuse of authority as a ground for liability of bodies and persons performing the functions of business entities has its own specifics of application. This is due not only to the actions (inaction) of such persons, but also to the counterparty’s (third party’s) awareness of the fact that the representatives of such a company act within the scope of their powers. \u0000It has been proved that the fact that a body and/or a person performing the functions of a business entity’s body committed unlawful, unfair actions or abused its authority is not the only and sufficient ground for invalidating transactions (agreements) concluded by this body on behalf of a legal entity with third parties. There is a need to prove that the counterparty knew (should have known) that the authority to represent the rights and interests of the business entity was limited by its body or a person performing the functions of such a body.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123835660","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.09
S. Popova
{"title":"Compensation for moral damages for violation of police officer’s personal non-property rights: problems of law enforcement","authors":"S. Popova","doi":"10.32631/pb.2023.2.09","DOIUrl":"https://doi.org/10.32631/pb.2023.2.09","url":null,"abstract":"The article is devoted to the study of legislation and legal doctrine on compensation for moral damages for humiliation of honour, dignity and the right to inviolability of business reputation of a police officer who is a representative of law enforcement agencies. It has been determined that the institute of civil liability distinguishes compensation for moral damages as a specific measure of civil liability, which is specified in the Civil Code of Ukraine as a measure of protection. It has been established that the amount of moral damages cannot be calculated by the court when deciding on their compensation, and therefore the court is guided by its own subjective beliefs when calculating them, which is a problem of law enforcement. Case law on police officers' claims for moral damages from persons who have violated their personal non-property rights has been analysed. It has been found that the courts apply the practice of higher courts, which is based on the approaches of the international community, that a police officer is a public figure whose activities are of public interest and therefore must tolerate criticism, and this cannot be a ground for going to court. It has been substantiated that an employee of an internal affairs agency is a representative of the State, and therefore, in case of violation of his/her personal non-property rights, in particular, the right to inviolability of business reputation, failure to award him/her compensation for moral damages affects the reputation of both the agency in which he/she serves and the State. It has been proven that this approach of binding a police officer to the provisions on public figures harms the reputation of the State and eliminates the application of the preventive function of civil liability, which is an important factor for maintaining public order. To support the positions of national scholars, the author proposes to create a separate regulatory act which would provide guarantees for the protection of personal non-property rights of law enforcement officers and establish a balance between the observance of freedom of expression in the media regarding police activities and the observance of the rights of law enforcement officers in the performance of their official duties.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116489955","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.01
O. Holovko
{"title":"Volunteering in Ukraine: historical and legal aspects","authors":"O. Holovko","doi":"10.32631/pb.2023.2.01","DOIUrl":"https://doi.org/10.32631/pb.2023.2.01","url":null,"abstract":"The study is devoted to the analysis of modern volunteer activity in Ukraine in terms of the historical development of this social phenomenon and a retrospective of changes in the legislative framework for regulating volunteer activity. The relevance of the study is due to the fact that volunteer activity in modern Ukraine is, firstly, a fairly young phenomenon that emerged only after 1991 and is still insufficiently studied, and secondly, today the scale of involvement in various volunteer activities is more than 80 % among Ukrainian citizens, which also requires appropriate scientific analysis. \u0000The state of academic research on the national volunteering development has been studied; the range of scientific discussions on various aspects of volunteering has been outlined; the terminological basis of the volunteering phenomenon has been clarified; the reasons for the development and implementation of Ukrainian laws on volunteering have been given; changes in legislation on this issue and their reasons have been analysed. The main stages of the volunteering development in Ukraine have been analysed, and significant events that influenced its development have been outlined. \u0000The events of 2014–2023 related to the military aggression of the Russian Federation against independent Ukraine have given rise to the formation of a powerful element of civil society that is volunteerism. The uniqueness and difference of the Ukrainian volunteer movement from global practices is that the development of volunteer activity was far ahead of the process of developing a legislative framework that regulates this phenomenon. The formation of volunteering in Ukraine was driven by the initiative of citizens and required legislative formalisation of existing volunteer practices. The changes in the Ukrainian legislation on volunteering were caused by the ongoing military operations and the involvement of a significant number of Ukrainians in volunteer activities, as well as the expansion of the range of problems addressed by volunteer organisations.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132391101","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.12
S. M. Gusarov, K. Y. Melnyk
{"title":"Protection of personal data of the employee","authors":"S. M. Gusarov, K. Y. Melnyk","doi":"10.32631/pb.2023.2.12","DOIUrl":"https://doi.org/10.32631/pb.2023.2.12","url":null,"abstract":"The article draws attention to the fact that today, in the conditions of a developed information environment, the wide spread and use of various information technologies and systems, the maintenance of automated databases, on the one hand, significantly simplifies the provision and use of information, on the other hand, the risk of illegal interference in personal data increases and family life of a person and misuse of his personal data. \u0000The entry into employment is preceded by the work of the employer’s personnel service on personnel selection, within which personal information is received from job applicants. The personnel service is also responsible for the collection, processing, storage and use of data about employees. Today, the use of various telecommunication systems and automated databases in this process increases the risks of disclosure of the employee’s personal information, which may cause him material or moral harm. So, modernity presents authorized state bodies and employers with the task of ensuring reliable protection of personal data of employees. \u0000The article examines the views of scientists regarding the categories “human rights protection” and “employee personal data”. Problematic aspects of the Code of Labor Laws of Ukraine, the Law of Ukraine “On Protection of Personal Data” and the draft Law of Ukraine “On Labor” regarding the completeness of legal regulations on the protection of personal data of employees are outlined. \u0000An author's definition of the terms “employee personal data” and “employee personal data protection” is proposed. Personal data of an employee is any information related to a specific natural person working on the basis of an employment contract, provided to the employer or collected by him in accordance with the law. The protection of personal data of an employee is the use of opportunities (tools) provided by law for the prevention of offenses in the field of collection, storage, use, destruction, dissemination of information related to a specific natural person working on the basis of an employment contract, termination of the specified offenses and renewal of violated rights in this area. \u0000Proposals for improving national legislation in the field of protection of personal data of employees are provided. In particular, it is proposed to supplement the Code of Labor Laws of Ukraine and the draft Law of Ukraine “On Labor” with a separate article “Protection of employee’s personal data”, which provides for the definition of the terms “employee’s personal data” and “employee’s personal data protection”; establish a list of information that is the employee’s personal data; establish the employer's obligation to protect the employee's personal data; establish disciplinary and material liability for employees performing work related to personal data processing for violation of personal data protection legislation, as well as material liability for employers for violation of personal data protection legislat","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132809433","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.15
O. Bondarenko
{"title":"Specifics of combating corruption at higher education institutions in the context of integrity policy","authors":"O. Bondarenko","doi":"10.32631/pb.2023.2.15","DOIUrl":"https://doi.org/10.32631/pb.2023.2.15","url":null,"abstract":"The article is devoted to the criminological characteristics of the specifics of combating corruption at higher education institutions in the context of the integrity policy. At the same time, the right to education is a fundamental right, therefore the State is not obliged to ensure the right to higher education for all citizens. Despite this, the majority of Ukrainian citizens have one or even several higher education degrees. Given the popularity of educational services, they are inevitably associated with various corruption risks: from the process of enrolment to a higher education institution and ending with obtaining an educational degree at all levels. \u0000Positions of domestic and foreign scholars on the essence and importance of academic integrity, the definition of “academic integrity” enshrined in legislation have been analysed, and the legally enshrined forms of academic integrity have been characterised, namely: academic plagiarism, self-plagiarism, fabrication, falsification, cheating, deception, bribery, biased assessment, providing assistance to students during the assessment of their learning outcomes or creating obstacles not provided for by the terms and/or procedures for such assessment, as well as impact in any form. It has been proved that they need to be adjusted and clarified, which should be done in a separate specialised law. \u0000The main potential corruption risks in higher education have been identified. It has been noted that corruption at higher education institutions is characterised by high latency due to its benefits for both parties. It has been noted that it is incorrect to impose responsibility for corruption exclusively on employees of educational institutions. Low motivation of students leads to the search for “alternative ways” to get a positive grade. Corruption in education does not always have a monetary form, but more often takes the form of benefits, privileges and non-monetary services. \u0000Based on the analysis of the current legislation and the main corruption risks in the field of higher education institutions, the author’s own measures to prevent corruption have been proposed.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132268336","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.13
R. Artemenko
{"title":"Legal regime of business partnership property (considering international experience)","authors":"R. Artemenko","doi":"10.32631/pb.2023.2.13","DOIUrl":"https://doi.org/10.32631/pb.2023.2.13","url":null,"abstract":"The article concludes that property as a special object is a separate thing, a set of things, as well as property rights and obligations. This understanding, despite the existence of certain terminological differences, coincides with its general understanding in the system of legal knowledge of certain countries of the Romano-Germanic legal family, in particular, countries with a pact system of law, and corresponds to the content of Article 1 of Protocol 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. In the legal literature, it includes any economic benefits, objects of both the material and intangible world, which are in the state of appropriation of a person. At the same time, the word “property”, as used in Article 1 of Protocol 1 to the Convention, refers to an object of economic value. In this sense, property is an economic category and synonymous with the economic concept of “ownership”. This is also indicated by the use of such concepts as “assets”, “funds”, “profit”, “goodwill”, “accumulated intangible assets of the enterprise”, “property of economic value” in the ECHR judgments to describe the category of property. \u0000From the legal point of view, it is justified that only things, collections of things, and animals are considered by the legislation and doctrine of the countries of the continental legal system as objects of property rights or other property rights. They are the only ones empowered with a legal regime of things. Such types of benefits as property rights (legal claims) and obligations cannot be owned by a person on the basis of property rights. They may have the legal regime of objects of intellectual property relations, obligations, corporate relations, but not ownership or other property rights. \u0000It has been established that property rights are not the only means of securing the assets of business entities. They may also be owned by the latter on the basis of other rights (e.g., obligatory rights). It has been proved that in this case, a business company is not an owner, but, for example, a lessee (tenant), a user under a loan agreement, a mortgage agreement as a mortgagor, etc.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127953873","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.16
O. Panchenko
{"title":"Conditions for compensation for moral damage caused to the employee","authors":"O. Panchenko","doi":"10.32631/pb.2023.2.16","DOIUrl":"https://doi.org/10.32631/pb.2023.2.16","url":null,"abstract":"As cases of violation of employees’ rights are becoming more and more frequent today, the issue of bringing the employer or its authorised body to justice is becoming increasingly relevant. One of the most effective ways to counteract this phenomenon is to compensate for moral damages. That is why the purpose of the article is to determine the conditions and grounds for bringing an employer to liability in the form of compensation for damage to an employee, since this issue is the most pressing one. The following scientific methods were used in the course of the study: monographic, formal and logical, legal and dogmatic, systemic and structural, and the method of summarization. \u0000It is established that compensation for non-pecuniary damage to an employee is possible subject to certain statutory conditions which are common to liability in all cases of non-pecuniary damage. Each of these conditions is examined in detail, namely: the fact of causing (presence of) non-pecuniary damage; unlawfulness of the employer’s actions; existence of a causal link between the employer’s unlawful act and the non-pecuniary damage caused to the employee; and the employer's guilt. The author proves that non-pecuniary damage occurs if the following grounds exist: the person and the perpetrator of the damage are in an employment relationship; it arose as a result of a violation of labour rights by the employer; the employee suffers moral losses in the form of emotional distress, and these negative changes have led to the loss of normal life ties and require additional efforts from the employee to organise his or her life. \u0000It is proved that the most appropriate theory for resolving the issue of the presence or absence of causation in the legal relations under consideration is the theory of direct and indirect causation. \u0000It is argued that since moral suffering always “accompanies” a violation of an employee’s legal labour rights, the presumption of moral damages should be enshrined in law. Based on the study of relevant sources and regulations, the author provides her own definition of the concept of “employer’s guilt”.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"446 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133845924","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}
Law and SafetyPub Date : 2023-06-29DOI: 10.32631/pb.2023.2.02
M. Sambor
{"title":"Technical means as sources of evidence in cases of administrative offenses: under the prism of observing human rights and freedoms","authors":"M. Sambor","doi":"10.32631/pb.2023.2.02","DOIUrl":"https://doi.org/10.32631/pb.2023.2.02","url":null,"abstract":"The article is devoted to the study of the legal regulation of the use of technical means related to the implementation of video recording, photography and filming by subjects of public administration, in particular, those authorized to draw up protocols on administrative offenses by officials. The research is carried out on the basis of strict observance of human rights and freedoms, as fundamental principles of civil society and a democratic state, which should determine the powers, their use, and therefore the behavior of subjects of public administration during the use of technical means of videography, photography and filmmaking. It is argued that no socially significant goal may be the basis for limiting or depriving a person of his or her rights and freedoms, including the right to privacy, in any form. It is reasoned that the use of relevant technical means in administrative delict proceedings has a number of features and a number of imperatives, the violation of which leads to the inadmissibility of relevant evidence. In particular, it is emphasized that the installation of video surveillance systems in public (public) places must necessarily be accompanied by the installation of appropriate posters, informational signs indicating the implementation of video surveillance and the implementation of video recording, photography and filming, and therefore the preservation and accumulation of such information about person and the possibility of using it for the appropriate purposes and with the appropriate purpose. \u0000It is obvious that any fixation of a person (static – for photography, dynamic – for video and film shooting, with or without sound recording) is a direct interference in a person’s private life. As a result, the use of appropriate means is possible only on the grounds provided for in the law. The key condition for photo and video recording of a person is to warn the person about the filming, which in turn involves giving the latter’s consent to such filming. The technical means used for such filming are of great importance, in particular, that the latter are certified, calibrated and have received appropriate permits, including sanitary and hygienic, for their use in Ukraine by subjects of public administration, or have been transferred for use to specific officials, as well as the right (they have undergone appropriate training) of the specified officials regarding behavior with such technical means, including the legal grounds for their use.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122279901","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}