Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav最新文献

{"title":"Features of exercising the right to education for persons granted temporary protection in European Union member states","authors":"Volodymyr Vasechko","doi":"10.56215/naia-herald/2.2023.71","DOIUrl":"https://doi.org/10.56215/naia-herald/2.2023.71","url":null,"abstract":"The Council of the European Union, by an implementing decision on March 4, 2022, put into effect Directive No. 2001/55/EU of July 20, 2001, on minimum standards for the provision of temporary protection in the event of a mass influx of displaced persons and measures promoting the balancing of efforts between member states to receive such persons and solving the consequences thereof. The problems of exercising the right to education as a natural human right by persons granted temporary protection in the European Union are urgent. In view of the above, the purpose of the study was to address the unique aspects of exercising of the right to education by persons who were granted temporary protection in the member states of the European Union. The methodological basis of the research is the dialectical method and methods of analysis, synthesis, comparison, modelling, system and functional approach, statistical, and formal legal. The paper defines that access to education for persons granted temporary protection in the European Union is provided for by Council Directive No. 2001/55/EU, according to which the member states of the European Union provide full access to the education system for all minors who were granted temporary protection status, on an equal basis with their citizens. It is noted that member states of the European Union may provide for restrictions on such access by the state education system. The specifics of the exercise of the right to education by these persons are also consolidated in the national legislation of EU member states. It was found that these states can provide for restrictions on access to the state education system. They also carry out procedures for recognising foreign diplomas, certificates, and other documents confirming the official qualifications of persons granted temporary protection. The practical value of the results obtained lies in the fact that they can be used to improve the legislation regulating the grounds and procedure for obtaining temporary protection for persons forcibly displaced from Ukraine in EU member states, and the specifics of exercising the rights and obligations by persons with temporary protection","PeriodicalId":481104,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"31 14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135215202","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":"Extraction of information from a cellular phone (mobile communication device) during investigative (search) actions","authors":"Mykola Kobets","doi":"10.56215/naia-herald/2.2023.52","DOIUrl":"https://doi.org/10.56215/naia-herald/2.2023.52","url":null,"abstract":"The relevance of the study is substantiated by the need to develop a system for procedural registration of information (statements) withdrawn from a mobile phone using hardware and software complexes, the content of which proves the involvement of a person in the commission of a criminal offence, since such a documentation mechanism has not been developed in practice. The purpose of the study was to highlight theoretical and applied approaches to the legal support of investigators’ actions to extract information from a mobile phone found at the incident scene. In accordance with the set goal and specifics of the subject of research, a set of the following methods was applied: formal logical, system and structural, hermeneutical, modelling, and generalisation. The study considers the actions of the investigator during the pre-trial investigation of criminal offences, when a cellular phone (mobile communication device) was found at the incident scene, which makes it necessary to use special knowledge. The profile and qualification of a specialist who needs to be involved in the inspection of a mobile phone are determined depending on the purpose and objectives of the investigative (search) action, established primary data on the nature of a criminal offense. A procedure for obtaining information (computer data) from a cellular phone (mobile communication device) is proposed, which provides for the creation of an “image”/electronic report of available information, which is recorded on a digital medium in the form of a file, fixed with an electronic label as a checksum. The practical value of the study lies in the procedural solution of the issue of extracting information (statements) from mobile phones, which is important during pre-trial investigation and documentation of digital information (computer data)","PeriodicalId":481104,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084471","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":"Critical infrastructure as an object of criminal encroachment: General characteristics and features of the investigation organisation","authors":"Ihor Yefimenko, Volodymyr Slipchenko, Adrián Vaško","doi":"10.56215/naia-herald/2.2023.41","DOIUrl":"https://doi.org/10.56215/naia-herald/2.2023.41","url":null,"abstract":"New technologies used in infrastructure systems add complexity to the management and protection of these systems, and therefore, the consideration of issues related to criminal attacks on critical infrastructure and the organisation of investigations are becoming increasingly important. The main goal was to identify the problematic aspects and unique features of organising pre-trial investigation of crimes committed at critical infrastructure facilities. The methodological tools of scientific research were based on the diagnostic method for studying social and legal phenomena, analytical, dogmatic, comparative legal, formal legal, and modelling methods. Based on the results of the study, the current state of criminal law norms regulating the grounds for criminal liability for criminal offences involving critical infrastructure was comprehensively analysed. Based on the assessment of the current state of criminal legal protection of critical infrastructure facilities, it is established that it is insufficient and needs to be improved. It is proposed to supplement the norms of the special part of the Criminal Code of Ukraine with additional qualification criteria that would establish criminal liability for encroachment on critical infrastructure facilities. The issues of the development of a unified concept of protection of critical infrastructure facilities from criminal offences through a comprehensive scientific and practical approach to the development and assessment of forensic support for countering criminal offences involving critical infrastructure are updated. Specific steps are outlined to improve laws and regulations that define the specifics of organising investigations at critical infrastructure facilities and conducting priority investigative (search) actions in this regard. The practical significance of the results obtained lies in the development and argumentation of conclusions and proposals for improving the system of protection of critical infrastructure from criminal encroachments","PeriodicalId":481104,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135693203","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":"Energy market manipulation: Criminal law analysis and signs","authors":"Iryna Botnarenko, Valentyna Kryzhna","doi":"10.56215/naia-herald/2.2023.30","DOIUrl":"https://doi.org/10.56215/naia-herald/2.2023.30","url":null,"abstract":"Article 42 of the Constitution of Ukraine establishes the principles of preventing abuse of a monopoly position in the market and unfair competition in economic activity. Manipulation of the Energy Market – an act that violates the procedure for state regulation of the electric energy market and the natural gas market approved by the current legislation – poses an increased public danger. The purpose of the study is to investigate objective signs of manipulation in the energy market as part of a criminal offence under Article 222-2 of the Criminal Code of Ukraine. Within the framework of the study, a complex of scientific methods was applied: dialectical, hermeneutical, systemic, formal logical, generalisation, system and structural, method of ascent from the abstract to the concrete, analysis, and synthesis. It is proved that the object of manipulation in the energy market is covered by public relations that control the procedure for state regulation of the electric energy market and the natural gas market approved by the current legislation – the implementation by the state of comprehensive measures to manage the demand, prices, and volumes of the wholesale energy market, prevent abuse and violations in this area. The criminal legal content of the concept of “manipulation” is determined by the deliberate activity of a person(s) who violate the conditions of functioning of the wholesale energy market, is carried out by performing a set of illegal actions, the purpose of which is to obtain financial benefits for themselves and third parties, by changing the price of a financial asset. The essence of manipulation of the wholesale energy market is highlighted through its inherent features, which indicate a violation of the conditions necessary for making transactions on the wholesale energy market and a deviation of the asset price from the real market price in the right direction for manipulators (the presence of a process of overstating (underestimating) the total price of the contract, which leads to the loss of its market status). The practical significance of the study lies in the fact that the analysis carried out is of auxiliary importance for law enforcement practice in solving issues related to the legal qualification of manipulation in the energy market","PeriodicalId":481104,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134974737","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":"Aspects of legal regulation of national-level medical research","authors":"Mariia Karpushyna, Roman Veresha","doi":"10.56215/naia-herald/2.2023.61","DOIUrl":"https://doi.org/10.56215/naia-herald/2.2023.61","url":null,"abstract":"The relevance of the study is conditioned by the rapid development of the social and state system. Considering the development of political, economic, and social levels of life, and the issues of considering public opinion and raising the level of legal awareness of the public in the medical industry arise. The purpose of the study was to apply a correlation comparison of legal and medical sciences, and their combination with the subsequent use of applied legal dialectics in the sub-branch of medical law knowledge. To achieve this goal, the following methods were used: dialectical, logical and general scientific (observation and generalisation). The analytical processing of statistical information material from the medical sector is reflected in law-making and rule-making processes and acts, and is considered in the case law of the national level based on the decision of the European Court of Human Rights. Legal monitoring of officials authorised at the state level, practical interest of public organisations and certain segments of the population stimulated the innovative development of media-communicative content, which aims to convey the necessary materials of the legal component in the medical sphere in an adapted form. Such an example is the final products of thematic media content. The Academy of the National Health Service of Ukraine has developed useful resources supplemented by an electronic periodical. The specific feature and significance of the state course for the development of the medical industry in the legal sense are reflected in the specially developed material and the procedure for its submission, given the insufficient level of legal education in the potential audience. An innovation of development is the presentation of specific and significant legal and medical materials in a form adapted for perception and understanding and in a simplified form. The results of mastering the information resource of the medical legal field are of practical importance if it is used by consumers of medical services, medical personnel and the state – the body that monitors the relationship between doctors and patients","PeriodicalId":481104,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135139441","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":"Topical issues of forensic medical examination in the investigation of war crimes","authors":"Andrii Vozniuk, Mariia Hryha","doi":"10.56215/naia-herald/2.2023.09","DOIUrl":"https://doi.org/10.56215/naia-herald/2.2023.09","url":null,"abstract":"The relevance of the study is conditioned by the importance of expert investigations into war crimes committed on the territory of Ukraine. Since many of these crimes result in the death or injury of victims, forensic examinations play a key role in investigations under the Criminal Procedure Code. The purpose of the study was to update the significance of the results of forensic medical examination in proceedings on war crimes, and to identify problematic aspects of the appointment of such an examination simultaneously with proposals for ways to overcome them. The methodological basis of the study was general scientific (dialectical, analysis, synthesis, induction and deduction) and special methods (system and structural, comparative legal, formal logical). It is established that modern capabilities of forensic medical examination contribute to achieving the goal of pre-trial investigation of military torts in limited conditions of forming a high-quality evidence base for such proceedings. However, the effective use of the potential of forensic medical examinations is hindered by a number of problems caused not only by the consequences of active military operations, but also by shortcomings in the legal regulation of this type of forensic examination, imperfect organisation of the structure and functioning of forensic medical institutions during the time of emergency. Possible ways to overcome the identified difficulties are proposed: reorganisation of the structure of forensic medical institutions, in particular, by establishing a department for forensic examination of corpses within a mobile military hospital with the involvement of specially trained forensic experts; simplification of the procedure for processing documents where the results of external examination of the corpse are recorded; updating the regulatory support for the activities of forensic doctors during martial law. The practical significance of the study lies in the fact that the conclusions obtained will help expand the understanding of pre-trial investigation officers of the possibilities of forensic medical examinations in the investigation of war crimes, and will also help identify the problems arising when appointing such examinations and suggest ways to solve them.","PeriodicalId":481104,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135960309","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":"Perception and understanding of information as determinants of the investigator’s professional competence","authors":"Viacheslav Androsiuk, Oksana Voloshyna, Ivo Svoboda","doi":"10.56215/naia-herald/2.2023.19","DOIUrl":"https://doi.org/10.56215/naia-herald/2.2023.19","url":null,"abstract":"The experimental study is devoted to solving the problem of perception and understanding by investigators of the National Police of Ukraine of forensic information about offences presented in the form of texts. The expediency of forming the personality of a specialist investigator based on the competence approach is declared, due to which the contradiction between the professionalism of the individual and the professionalism of the activity is eliminated in the educational process. The purpose of the study was to establish correlates of understanding (sensemaking) of the forensic text by investigators in the process of its compression; personal factors that mediate the investigator’s understanding of official information in the text form of the presentation. The methodological tools were based on the method of structural and functional analysis and empirical methods, systematic, teleological, and dialectical approaches that allowed analysing the dynamics of text information transformation and changes in the parameters of its mental reflection in the subject’s thinking. The study established the dynamics of compression of experimental texts, features of the intensity of text compression depending on the time modes of working with it and individual characteristics of the investigator’s cognitive processes – perception, memory, and thinking. The highest intensity of compression of the expanded text and the allocation of significant information is achieved in the conditions of free time working with the text. It is proved that at the initial stage of understanding a text message, the ratio between the main and concretising elements of information is a criterion of competence, and at the final stage of understanding – the intensity of sensemaking. The indicators of text compression intensity are analysed and it is revealed that under the conditions of a given operating mode, the elimination of text elements occurs more intensively than in the conditions of free time mode. It is proved that the ratio between the intensity of compression and the level of text connectivity has direct proportional relationships at all stages of compression. It is established that the process of understanding is significantly influenced by typological features of conceptual and figurative components of memory and thinking. The provisions formulated in the paper will contribute to the search for more effective methods of professional and psychological training of future investigators and improve the psychological support of investigative activities","PeriodicalId":481104,"journal":{"name":"Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136230086","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}