Law and Safety

Peculiarities of the National Police personnel participation in combat operations

I. V. Vlasenko — 2024-06-24

The full-scale war in Ukraine has been going on for three years now, and the Russian army is facing steady resistance from the Ukrainian Armed Forces. The law enforcement forces cannot help but take part in hostilities in the course of their direct duties. Law enforcement officers are disciplined, trained, have certain knowledge of combat tactics, and are armed, so they can help effectively in confronting the enemy.

The article analyses the combat capability and readiness of police officers to fight a general military battle. It has been noted that the most problematic issues are fire contact with enemy forces and tactics in the areas of service. Based on the analysis of literature and modern military operations, the directions for improving the effectiveness of actions of the National Police personnel in case of their participation in a general military battle have been identified. On the basis of a poll of various units of the National Police, the patterns are identified and the qualitative indicators of their readiness for combat operations have been assessed.

The main situations and peculiarities of combat operations by law enforcement officers, as well as components of their readiness for these operations are analysed. The general military combat by police officers in small tactical groups is considered and its features are analysed. To confirm the theoretical provisions, the following experiments have been conducted with the use of firearms and in the context of modelling extreme situations during combat.

Based on the analysis of information and the results of the experiments, a number of problematic issues related to the participation of police officers in hostilities have been revealed. The main problem is the lack of training of law enforcement officers for combat operations. There are also relevant issues of tactics and use of weapons by police officers during hostilities. Recommendations for improving the system of professional and in-service training of police officers are provided.

The state of scientific research of militia activity in Ukraine during the period of partial liberalisation of the political regime in the USSR (1953–1962)

V. A. Grechenko — 2024-06-24

The historiography of militia activity during the years of partial de-Stalinisation is divided into two stages: the Soviet period and the period of Ukraine’s independence. The 1960s-1980s were marked by a significant increase in researchers' interest in studying the general issues of the history and legal foundations of internal affairs. At that time, monographic studies and dissertations appeared, which dealt with various issues of theory and practice of organisation and functioning of militia bodies, including development and improvement of the structure, functions and legal basis of their activities, restructuring of the work of internal affairs bodies in accordance with the conditions of the “thaw”, organisation of combating crime, protection of public order, performance of managerial and economic tasks, and resolution of special issues. A significant part of the works covers the issues of party leadership of internal affairs bodies, they are presented exclusively within the framework of the traditional assessment of the activities of these institutions, i.e. their “praise and glorification”.

The second period in militia history research is characterised by a theoretical rethinking of previous established historical ideas, a radical revision of the concepts that previously dominated historical and legal science. For the first time, specialists in the history of law enforcement agencies were able to conduct historical research free from ideological attitudes. Over the past decades, a number of works by foreign scholars have been published that examine some aspects of the role of law enforcement agencies during the period of Stalin's totalitarian regime. They analyse some of the causes of crime and its evolution in the USSR at that time, and examine the social and cultural impact of the Thaw on relations, decision-making and policy-making in the Soviet Union during the period when N. S. Khrushchev was its leader. Foreign scholars emphasise that many of the reform initiatives commonly associated with Khrushchev personally and with the period of his rule in general often have their roots in the Stalinist period, both in their content and in the way they were implemented.

It has been stated that the activities of the militia in Ukraine in the 1950s and 1960s are insufficiently studied.

Recognition of the “membership” criterion as the only one for qualification of corporate relations: problematic aspects

Yu. M. Zhornokui — 2024-06-24

The current law enforcement practice shows that a single criterion (“membership in a legal entity”) is not sufficient to qualify the existence of corporate relations in a legal entity. The reason for this is that the fact of membership does not always give rise to legal, but mainly civil law consequences that directly arise from the membership relationship to involve a person in it. Therefore, the concept of membership does not have the necessary civil law content, is not the only feature of a corporation (in the sense of a company) in civil law, and cannot be considered the only qualifying feature of corporate relations.

It has been proved that the categories of “participation”, “membership” and “cooperation” are not synonymous with basic civil law concepts which indicate an independent feature of a separate group of relations specifically and independently regulated by civil law. These categories should be considered a characteristic of an entity's belonging to a certain community, which does not mean that it has all the features of a corporation as a legal entity.

The article argues that the characteristic features which establish the specifics of a corporate organisation within the structure of a legal entity are: 1) division of the authorised capital into shares (stocks), which are recognised as a form of fixation of corporate rights and obligations; 2) existence of relations of participation in the management of such an organisation. The essence of participation in the management of a corporation and membership in it is actually the same thing. The main criterion for a corporation is whether there is participation (membership), and, as a result, whether those who created it (participants, shareholders, members) participate in the management of the legal entity. The authorised capital is important only as an indicator for determining the management procedure i.e. how many votes a participant (shareholder, member) has.

Evolution of views on judicial policy in the context of judicial law

R. A. Kalarash — 2024-06-24

The article examines various aspects of understanding judicial policy, which is an important component of the judicial law doctrine, including analysis of court procedures, formation of the judiciary, strategic planning of court actions, setting priorities in law enforcement practice, and ensuring accessibility and efficiency of justice. It also analyses the genesis of scientific approaches to understanding judicial policy within the doctrine of judicial law through the historical stages of legal science development. It covers the period from classical legal theories to modern trends in the transformation of the judicial system, providing a unique overview of the evolution of this key concept in legal science. The evolutionary path of understanding judicial policy is explored through the analysis of concepts, theories and methodologies that trace the changing role of the judiciary in society and the formation of strategies for managing the judicial system. The classical school of law, which emphasised the principles of justice and legality, further development of theories of judicial activism and legal realism, as well as modern concepts which take into account the issues of efficiency, transparency and publicity of judicial activity in a legal democracy are considered. The historical documents and scientific works of different periods and civilisations are analysed to study the emergence, formation and development of judicial policy in the context of a single comprehensive doctrine of the judiciary. The research identifies the key aspects and paradigms which had a decisive impact on the formation of the modern understanding of judicial policy. The author substantiates the importance of studying this topic for the development of legal science and practice, especially in the context of ensuring justice and protection of human rights. The prospects for further development of judicial policy are outlined, taking into account the current challenges and needs of society for effective justice. The importance of researching this topic for the development of legal science and practice, especially in the context of ensuring justice and protection of human rights, is argued.

Crime and birth rate in Ukraine: modelling and statistical analysis

O. F. Shevchuk — 2024-06-24

The article is devoted to empirical testing of the hypothesis that there is a correlation between the birth rate and the overall level of crime in Ukraine. A detailed analysis of the relevant correlation field confirms the hypothesis, but such a relationship, as shown by the calculation of determination coefficients, depends on the level of lag between the indicators and reaches its maximum value at a time lag of two years between them. The study has also identified an atypical area of direct linear relationship between birth rate and crime (2018–2021), which does not correspond to the general reverse trend.

The combined two-period birth rate model built as a result of the correlation and regression analysis proved to be adequate, with a fairly high interpolation accuracy (R = 0.865; MAPE = 5.38 %). In addition, for the first period (1992–2018), an overall decrease in the crime rate by 1 % was accompanied by an increase in the birth rate by 0.71 % with a time shift of two years. In the second period (2018–2021), on the contrary, there was a simultaneous decrease in both indicators. Such atypical behaviour (compared to the previously identified general pattern) is explained by the systemic influence of a number of factors, among which the key ones are the hybrid military actions of the Russian Federation on the territory of Ukraine and the corresponding significant increase in migration processes due to the introduction of a visa-free regime with the EU countries.

An attempt has been made to combine separate time periods with one regression equation by introducing additional indicator variables. The generalised model of the change in the birth rate depending on the level of criminality of a country obtained as a result of the proposed approach proved to be adequate, and all its parameters were statistically significant. In particular, according to the estimates made on the basis of the model, it was found that with an overall reduction in the level of criminality of the country by 10 thousand crimes in two years, the birth rate is expected to increase by 12.73 persons per 100 thousand population, provided that other indicators of the model remain unchanged. The confidence interval of this value is (9.61; 15.84) for a five per cent level of significance. The proposed approach made it possible to conduct an approximate assessment of the effect of the increase in the birth rate in 2012–2013 due to the increase in financial payments at childbirth.

Decentralizing security architecture: evaluating federalism’s role in enhancing security frameworks in Nigeria

O. O. Awotayo — 2024-06-24

This study delves into the intricate security landscape of Nigeria, a nation grappling with a myriad of challenges such as terrorism, insurgency, banditry, and communal conflicts. The existing centralized security architecture has been found wanting in its ability to effectively mitigates these threats and safeguards the well-being of Nigerian citizens. To gain a deeper understanding of these issues, the study employs a well-structured questionnaire as its primary data collection tool and utilizes a descriptive analytical model as its theoretical framework. It leverages descriptive quantitative tools to scrutinize the collected data, aiming to provide a logical interpretation of the situation. The study identifies lack of decentralization in the security architecture and skewed federalism as key contributing factors to the prevailing insecurity in Nigeria. It uncovers a multitude of causal variables that contribute to the internal insecurity in the country. A significant finding of the study is the correlation between the over-centralization of the security architecture and the rising insecurity across the nation. It posits that the higher the level of centralization, the greater the alienation of citizens in the security of their local areas. In light of these findings, the study advocates for Nigeria to embrace the principles of true federalism. It recommends amendments to the 1999 constitution, suggesting that the majority of the items currently in the exclusive lists should be moved to the concurrent lists. This would pave the way for regional integration and the establishment of regional security outfits, such as the Amotekun in the south west, thereby fostering a more secure and harmonious nation.

Firearms control as an element of criminological security in the concept of transitional justice for Ukraine

Yu. V. Orlov — 2024-06-24

The article is devoted to the development of a criminological model of firearms trafficking control in the context of transitional justice for Ukraine.

It is established that illicit firearms trafficking lays down long-term trends of deterioration of the criminogenic situation, including in the post-war period, and in the future threatens to strengthen the functionality of organised criminal groups and a surge in violent criminal activity. The article proposes a criminological model for establishing control over firearms circulation which provides for: 1) preservation of the existing legal regime of firearms circulation for civilians until the end of the armed conflict and the legal regime of martial law; after the lifting of martial law, a balanced legalisation of civilian (short-barreled) weapons with strict control, verification and constant monitoring is required; 2) for military personnel (including those discharged from service): a) a special type of exemption from criminal liability under Articles 263 and 410 (regarding misappropriation of firearms, ammunition, explosives or other munitions) of the Criminal Code of Ukraine, subject to presentation for inspection, registration and issuance of a permit (de lege ferenda); b) obtaining a permit (de lege ferenda) for storage of firearms (in the amount of no more than one unit per person) and ammunition (in the amount of no more than 60 pieces); 3) criminal liability for violation of the conditions of the permit to keep and carry firearms.

It is concluded that the enhancement of criminal liability for the illegal acquisition, transfer or sale of firearms, ammunition, explosives or explosive devices under martial law or a state of emergency is an example of excessive criminalisation of socially dangerous acts. Law enforcement agencies, by complying with the requirements on the general principles of sentencing (Article 65, paragraph 11, part 1, Article 67 of the Criminal Code of Ukraine), have sufficiently effective tools to assess and take into account the degree of social danger of various manifestations of illegal handling of weapons.

The proposal is to supplement the disposition of Part 1 of Art. 263 of the Criminal Code of Ukraine with an indication of such an object of a criminal offence as a constructive part of a firearm, setting it out in the following wording: “Carrying, storing, purchasing, transferring or selling firearms or their constructive parts (except for smooth-bore hunting rifles and their constructive parts), ammunition, explosives or explosive devices without a permit provided for by law – …”.

Local self-government powers: on content and correlation with related concepts

M. A. Sambor — 2024-06-24

The article is devoted to the study of the concepts of “competency”, “competence”, “powers”, and their correlation in the formulation of powers of local self-government bodies. The study focuses on the understanding that local self-government and local self-government bodies are a product of civil society and are called upon to regulate, promote and implement the interests of civil society, associations of citizens, in particular, on the territorial principle, as well as individuals. Since local self-government is the right of residents of certain settlements to associate, local governments must provide relevant services to the community and its residents. The provision of relevant services by local self-government bodies, which are public services by their nature, involves the exercise of their powers granted to them as a result of decentralisation of power to fulfil their functions and tasks. The exercise of powers by local self-government bodies is impossible without understanding the essence and content of powers, their correlation with the subjects of exercise – the relevant officials of local self-government bodies. Thus, understanding of the holistic doctrine of powers of local self-government bodies, their functionality and hierarchy is impossible without studying the concepts of “competency” and “competence” of a local self-government official. Based on the results of the study, the author formulates the author’s own definitions of the concepts of “competency”, “competence” and “powers” of local self-government bodies.

Competence is considered as an integral system that includes subsystems of knowledge, skills and abilities necessary to perform a certain function and implement a relevant task, which by its purpose meets the requirements for holding a position in local self-government bodies, as well as the rights and obligations resulting from the implementation of the functions and tasks of local self-government. Competency is the ability of a person to exercise the rights and duties of a local self-government official, taking into account the availability of relevant knowledge, skills and abilities, the ability of the official to independently form the specified necessary set of rights and duties for the exercise of the powers of the local self-government body, taking into account the available administrative discretion.

At the same time, it is substantiated that the powers of local self-government bodies are a system of rights and obligations of local self-government officials enshrined in legal documents which ensures the realisation of the interests of the territorial community by providing relevant services within the framework of certain functions for these bodies and is based on the competence and competence of officials, employees of local self-government bodies and institutions and organisations established by them aimed at achieving the tasks set by these bodies.

Forensic characteristics of the offender who committed a criminal offence under Article 206-2 of the Criminal Code of Ukraine

S. V. Stetsenko — 2024-06-24

An effective investigation of any criminal offence is not possible without forming a forensic profile, which includes information about the criminal’s identity.

The article examines the scientific developments on the issues related to the forensic characteristics of the offender who committed the unlawful seizure of property of an enterprise, institution or organisation.

It is determined that information that characterises the identity of the offender may be obtained during the inspection of the scene or as a result of a pre-trial investigation. At the scene of an incident, information about the identity of the offender may be contained in material and ideal traces. During the pre-trial investigation, information is obtained as a result of investigative (detective) actions, covert investigative (detective) actions and other procedural measures.

Based on the results of the comprehensive analysis, two main groups of features characterising the identity of the offender who committed the criminal offence under Article 206-2 of the Criminal Code of Ukraine were formed. The first group includes general features that indicate social, demographic, and biological characteristics; the second group includes special features that characterise the personality of the offender from the perspective of the criminal offence committed and describe his or her relationship with the victim, the position held, the state of sanity at the time of the illegal act, the role and place in the criminal group, etc.

Based on the study, the classification of raiders available in science is identified, namely: the white, grey, black raiders and greenmailers. Depending on the attitude to the criminal event, the persons are classified as organisers, aware and unaware of the criminal acts.

The typical portrait of a criminal is characterised based on the analysis of theoretical developments and empirical material, namely, criminal proceedings under Article 206-2 of the Criminal Code of Ukraine and court decisions thereunder.

It has been noted that the purpose of the criminal offences under study is the unlawful seizure of property of an enterprise, institution or organisation through transactions for mercenary, economic, consumer motives, as well as for the purpose of eliminating competitors.

Implementation of stabilisation measures by the National Police in the context of creating a secure environment in the de-occupied and frontline territories

K. L. Buhaichuk — 2024-06-24

A comprehensive analysis of the bodies and units of the National Police of Ukraine activities in the de-occupied territories and in the territories close to the combat zone is carried out. It is emphasised that the exercise of police powers in such territories is characterised by very rapid dynamics due to the constant change of the operational situation, increased physical and psychological stress.

It is stressed that the concept of forming and further ensuring the stability and sustainability of the country’s unified security environment is fully implemented by the police not only in the areas where no hostilities are taking place, but also primarily where the state of ensuring the rights and freedoms of citizens requires special attention, i.e. in the de-occupied territories or in settlements close to the combat zone.

The author analyses the content and procedure for the implementation of the main stabilisation measures: provision of humanitarian services to the population (evacuation, delivery of humanitarian goods, escort of civilian transport, opening and maintenance of the points of invincibility, psychological support); identification of social and security problems in the de-occupied territories, as well as persons in need of assistance; humanitarian demining; exposure of collaborators and accomplices of the occupation regime; investigation of war crimes; searching for persons who went missing as a result of hostilities; identifying places of mass graves and illegal detention of citizens; ensuring the implementation of martial law measures; creating emergency response systems for emergencies and offences; ensuring public order and security, preventive activities, combating crimes and other offences.

The number of conceptual provisions on improving the regulatory and methodological support for the application of stabilisation measures by police personnel in the de-occupied territories of Ukraine has been formulated.

Oleksandr Dovzhenko through the prism of his NKVD-MIA-MSS file

V. A. Grechenko — 2024-06-24

В одному з навчальних посібників для абітурієнтів, які мають здавати іспит з історії України, прочитав таке запитання для закріплення знань: «Що Довженко зробив для України?» І відповідь: «Він зробив величезний внесок в українське відродження 20-х років. Своїми фільмами “Звенигора”, “Арсенал”, “Земля”, створив не тільки українське кіномистецтво, а й мистецтво кіно Радянського Союзу, вплинув на розвиток світового кіно». Але ж це лише видима сторона життя й діяльності Олександра Довженка, до того ж однобічна. І виходить, як у відомому фільмі про життя школи, коли учень відповідає вчителю історії: «Що тут розповідати, про нього ж лише кілька рядків у підручнику!»