执法人员活动的犯罪学层面

L. Olefir, S. Ivashko
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摘要

文章研究了执法人员活动的犯罪学层面的某些方面。文章指出,"执法人员 "一词是通过执法机构系统及其雇员圈子进行研究的;其依据是对《乌克兰刑法典》、乌克兰宪法法院的裁决和其他法律文书的分析。研究证实,执法人员因其官方权力的性质,是刑事法律关系的积极参与者,因为他们是受委托履行执法职能的授权官员。这一职能旨在确保法律和秩序,保护法律关系主体的权利和自由不受犯罪侵犯,并通过侦查、调查、制止和预防刑事犯罪来实现。需要强调的是,不排除执法人员作为刑事犯罪主体或刑事犯罪受害者参与刑事法律关系。事实证明,执法人员犯罪的危险性特别大,这是由多种因素造成的,也可能是由某些决定因素造成的。作者强调,执法人员刑事犯罪的稳定趋势如下:执法人员的刑事犯罪水平与一般犯罪趋势一致,职务犯罪高于一般刑事犯罪,其中最多的是非法利益、滥用职权、滥用权力、酷刑等。正因如此,立法者设立了一个新的执法机构--国家调查局,并于2018年开始运作。设立国家调查局作为审前调查机构,是立法者对公众大量批评检察机关应被剥夺审前调查职能的回应,也符合许多国家的经验,是根据《乌克兰刑事诉讼法》的要求,对其管辖范围内的刑事犯罪进行预防、侦查、终止、披露和审前调查的有效机制。这些是高级官员、法官和执法人员犯下的刑事罪行。无疑属于国家调查局管辖范围的刑事犯罪包括执法人员实施的酷刑(《乌克兰刑法典》第127条)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminological dimension of law enforcement officers’ activities
The article examines certain aspects of the criminological dimension of law enforcement officers' activities. It is noted that the term "law enforcement officer” is studied through the system of law enforcement agencies and the circle of their employees; it is based on the analysis of the Criminal Code of Ukraine, decisions of the Constitutional Court of Ukraine and other legal acts. It is substantiated that by the nature of their official powers, law enforcement officers are active participants in criminal legal relations, since they act as authorized officials entrusted with the performance of law enforcement functions. It is this function which is aimed at ensuring law and order, protecting the rights and freedoms of subjects of legal relations from criminal encroachments and is realized through detection, investigation, suppression and prevention of criminal offenses. It is emphasized that participation of law enforcement officers in criminal legal relations as subjects of a criminal offense or victims of a criminal offense is not excluded. It is substantiated that crime among law enforcement officers is particularly dangerous due to a number of factors and may be caused by a number of certain determinants. The authors emphasizes that among the stable trends in criminal offenses committed by law enforcement officers are the following: the level of criminal offenses committed by law enforcement officers corresponds to the general trends in crime, official crimes prevail over general criminal offenses, and the largest number of them are unlawful benefits, abuse of office, abuse of power, torture, etc. That is why the legislator created a new law enforcement agency, the State Bureau of Investigation, which began its operations in 2018. Creation of the State Bureau of Investigation as a pre-trial investigation body was a worthy response by the legislator to numerous public criticisms that the prosecution should be deprived of the pre-trial investigation function, and also in line with the experience of many countries, an effective mechanism for the prevention, detection, termination, disclosure and pre-trial investigation of criminal offenses within its jurisdiction in accordance with the requirements of the Criminal Procedure Code of Ukraine. These are criminal offenses committed by senior officials, judges and law enforcement officers. Criminal offenses that are undoubtedly under the jurisdiction of the State Bureau of Investigation include torture (Article 127 of the Criminal Code of Ukraine) committed by law enforcement officers.
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