Law and Safety

The activities of the Ukrainian SSR militia in combating crime in the early 1960s.

V. A. Grechenko — Sat, 28 Dec 2024 00:00:00 +0200

The article examines the state of crime in the Ukrainian SSR in 1962–1964 and the range of measures taken by the leadership of the Ministry of Public Order and its subdivisions in regions, cities and districts to counteract it. The analysis of statistical data shows that the rate of premeditated murders, dominated by domestic and hooliganism, remained high. Striking were the figures showing a large number of premeditated murders of newborn children, which indicated the low moral level of some Soviet people and their social disadvantage. As in previous years, the militia used mainly operational measures to combat crime, and also carried out some preventive work among the population to identify and verify signals of death threats, as well as criminal intentions and intentions of individual citizens. Given the growth of economic crime, considerable attention was paid to strengthening the agent apparatus, in particular at facilities where large amounts of material assets were concentrated and could be stolen. At the same time, certain mistakes were made and some shortcomings occurred in the course of these activities. In a number of work plans of investigative departments and offices in many regions, many measures were of a general, non-specific nature. One of the significant shortcomings was the planning of activities that were not within the competence of the investigative apparatus of the Ministry of Public Order. Documents from the Investigative Department of the Ministry of Public Order contain many materials about the shortcomings and insufficient competence of investigators in preparing materials sent for forensic biological examination. Among the new manifestations of crime in the analysed years was the phenomenon of theft of narcotic substances from pharmacies and medical institutions, which expanded the range of militia activities. It is noted that in 1962–1964 the militia carried out significant work to combat crime, although it was not always successful.

The participation of a juvenile victim’s representative in criminal proceedings: procedural and forensic aspects

I. O. Iemets — Sat, 28 Dec 2024 00:00:00 +0200

The article identifies the procedural and forensic aspects of participation of an attorney-at-law engaged to represent the interests of a juvenile victim in criminal proceedings. Based on the generalization of theoretical developments of Ukrainian scholars, it is found that they prefer to study the problem of protection of rights and legitimate interests of a minor suspect or accused. At the same time, given the current trends in crime, it should be noted that it has a devastating impact on the psyche of children. Moreover, they are increasingly becoming victims of criminal offences, especially those involving violence. This has raised the challenge of ensuring proper protection and the best interests of the minor victim.

Based on the results of the scientific research, it has been determined that one of the guarantees of ensuring the procedural interest of a juvenile victim is the principle of competent legal representation. The algorithm for engaging a lawyer from a free legal aid centre to provide legal services to a victim is proposed. The importance of its implementation is emphasised for two reasons: 1) on the grounds that the interests of the child may prevail over the interests of the parents or other legal representative; 2) representatives of the prosecution and the court are obliged to act in accordance with the law, and not to take measures to implement the procedural interest of the minor victim. It is determined that an attorney-at-law, as a professional lawyer, is able to explain the rights of the victim in a language accessible to a minor, to make sure that the legal representative acts in his or her interests, to draw up a civil claim, and to draft a reconciliation agreement. Tactical recommendations for conducting investigative (‘search’) actions and the principles to be followed to ensure that the proceedings are conducted in accordance with international standards are formulated.

The significance of the victim’s representative’s participation in investigative (search) actions, as well as at the stages of concluding a plea agreement and familiarisation with the criminal proceedings is pointed out. The article substantiates the expediency of applying the standard of “reliable information and obvious grounds” when deciding on the appointment of a comprehensive psychological and psychiatric examination of a juvenile victim.

Resilience and sustainability in the activities of a higher education institution

S. O. Serbenyuk — Sat, 28 Dec 2024 00:00:00 +0200

The activities of a higher education institution in the context of achieving the UN Sustainable Development Goals are one of the important factors in ensuring economic, social and environmental security. Being educational and research centres of local communities, universities have an important impact on their residents, and with active educational activities and cooperation, this impact increases significantly. Another extremely important factor in this growth is teaching, research, educational and advisory activities and cooperation at the regional, national and international levels.

The main purpose of this article is to describe the sustainable activities of a higher education institution to achieve the UN Sustainable Development Goals in the context of environmental, economic and social components in accordance with the standards assessed by international rankings of higher education institutions for sustainable development. Attention is focused on the international rankings of Times Higher Education University Impact Rankings. Additionally, the scheme of correlations between the UN Sustainable Development Goals and the basic spheres of global society and the differences between the interrelated concepts of “sustainable development” and “sustainability” are investigated.

Sustainability is a harmonious combination of economic development, high social standards and a clean environment, reflecting the long-term goal of social relations, while according to UNESCO, sustainable development refers to the processes and ways of achieving it. In addition, sustainable development is mostly used as a legal term in the international regulatory framework. With regard to the basic components of sustainability (economy, environment and society), when studying their correlation with the UN Sustainable Development Goals, we can agree with the conclusion of a number of scholars that the economic component still prevails in the structure of the content of the UN Sustainable Development Goals. To a certain extent, this phenomenon is controversial, as the economy has a negative impact on the environment through industrial development. At the same time, in the absence of economic resources, it is impossible to invest in environmental restoration and environmentally sustainable management methods and means.

Safeguarding Nigeria: strategies for combating insurgency and terrorism

O. O. Awotayo, N. O. Yusuf, S. O. Adedayo — Sat, 28 Dec 2024 00:00:00 +0200

The paper appraises the strategic responses by Nigeria’s government to the intractable difficulties posed by insurgency, banditry, and terrorism experienced largely in its northern parts, identifying key initiatives such as the establishment of the 7th Division of the Nigerian Army, among other international and local collaborations and initiatives like the Civilian Joint Task Force. Another contentious issue is the vote of support by the National Assembly for a proposal to engage mercenaries in defence, reflecting the ongoing debate over security measures. The methodological approach of the paper is qualitative, with thematic analysis of data from secondary sources such as newspapers, books, and academic journals. The findings indicate that Nigeria’s security strategy is largely reactive, failing to address the fundamental root causes of violence, which are socio-economic disparities, political marginalisation, and historical grievances. The limitations of ad hoc security policies are evident; they tend to favour short-term solutions over long-term stability. Notably, it is such options for employing mercenaries that have been strongly challenged, especially regarding the implications of the alternatives on national sovereignty and in adequately addressing the root causes of such a challenge. In the absence of such a policy intervening into the root causes, which this study strongly calls for, inclusive national dialogue among and between the diverse ethnic groupings should be pursued. This could resolve not only the ethno-religious tensions that breed but also the systemic marginalisation of Nigeria’s diverse ethnic groups. The paper concludes by emphasising that what is needed is a coherent strategy beyond immediate security responses, which would integrate socio-economic development with good governance. It warns that unless these foundational issues are resolved, even if terrorism is resolved, the cycle of violence and the threat of separatist agitations will probably continue. A holistic approach toward national security is imperative for long-term peace and stability in Nigeria.

International legal framework for the regulation of judicial immunity

S. O. Demchenko — Sat, 28 Dec 2024 00:00:00 +0200

The article analyses the phenomenon of judicial indemnity through the prism of international legal regulation developed in Western Europe in recent decades. Based on the analysis of Ukrainian and European law, it has been concluded that the doctrine of limited judicial indemnity is currently dominant, which balances public interests and serves the freedom of expression and strengthening of the principles of independence in the structure of the legal status of a judge. It is demonstrated that the international legal regulation of judicial indemnity contributes to the institutional strengthening of the judiciary, enhancement of its authority in society, and awareness of the high mission of judges in establishing the rule of law, preventing and counteracting any manifestations of aggression against the judiciary which not only threaten its independence but also often deprive judges of the opportunity to legally express their opinions in public. Judicial indemnity is considered in the context of the concept of subjective human rights as a derivative of the fundamental right to freedom of expression. This indemnity belongs to professional judges in accordance with the concept of good faith. It is established that a judge's freedom of expression is possible both in his/her judicial and extrajudicial activities, which should be clearly reflected in the amendments to the Law of Ukraine “On the Judiciary and the Status of Judges”. The state guarantees judges protection from prosecution for their statements both in and out of court. In the Ukrainian context, the content and system of such guarantees require both regulatory and institutional strengthening. The scope of judicial indemnity protection varies depending on the legislation, rules of judicial ethics, specifics of the judicial system, authority of the judiciary, case law and legal traditions. Moreover, there are some peculiarities of the ‘cooling effect’ concept in the field of judicial indemnity. Finally, the author concludes that the key elements of the European Court of Human Rights case law relating to the essence of judicial indemnity and its limits should be adapted and integrated into the Ukrainian judicial system, given their importance for the development of the relevant doctrine.

The obligation of “saksama” in article 16 of the Law on notary positions: a perspective on the principle of diligence in partij deed

H. L. Dinar, R. Sulistyarini, A. Jauharoh — Sat, 28 Dec 2024 00:00:00 +0200

This study analyzes the implementation of the principle of “due care” as stipulated in Article 16 of Law No. 2 of 2014 concerning the Position of Notary. This principle requires notaries to act with high levels of diligence, honesty, and integrity in carrying out their duties. The objective of this research is to explore the normative, substantive, and practical meanings of the principle of “due care” and to identify challenges in its implementation. Employing normative legal research methods, this study integrates a statutory approach to understand the normative framework of the regulation and a hermeneutic approach to interpret the social context and legislative intent. The analysis technique used is content analysis of legal documents, academic literature, and relevant court decisions.The findings reveal that the implementation of the principle of “due care” faces challenges such as the lack of operational definition, limited technical competence of notaries, and weaknesses in supervisory mechanisms. These issues can lead to varying interpretations and risks of violations by notaries. This study recommends regulatory reforms to clarify the legal boundaries of the “due care” principle, the development of continuous training to enhance notary competence, and the strengthening of technology-based supervision and periodic audits.In conclusion, reforms in regulation, education, and supervision are necessary to ensure the consistent application of the principle of “due care”. This research provides practical and theoretical contributions by offering strategic steps to strengthen the integrity of the notary profession and increase public trust in Indonesia’s legal system.

Comparative analysis of the concepts of “law enforcement agencies” and “discretionary powers” in the international legal systems

O. A. Prysyazhnyuk — Sat, 28 Dec 2024 00:00:00 +0200

The article makes a comparative analysis of the concepts of “law enforcement agencies” and “discretionary powers” in the international legal systems on the example of the USA, the UK, Germany, France and Japan. The purpose of the study is to examine the legal acts that define the functioning of these concepts in each country, as well as to analyse in-depth the mechanisms of their implementation within the framework of legislative and practical activities of law enforcement agencies. An important part of the study is an assessment of how national legal systems interpret the powers of law enforcement agencies, including the police, prosecutors and other state institutions that contribute to law enforcement and security. Particular attention is paid to how these powers affect the efficiency and effectiveness of law enforcement, as well as the ability of law enforcement officers to make decisions in real, often unpredictable situations.

In addition, important aspects of the legal regulation of discretionary powers, including control and accountability mechanisms, which allow ensuring their fair application in each country, are investigated. The research shows how the legal framework affects the functioning of law enforcement agencies, and what principles should guide public authorities in the exercise of discretionary powers to prevent possible abuse.

The main idea of the study is that although the concept of ‘law enforcement agencies’ in all these countries has common features, approaches to their activities and the definition of discretionary powers may differ significantly depending on national legal systems, cultural traditions and specific legislative acts. The article highlights how countries regulate the discretionary powers of the police and other agencies, giving them freedom of action in situations where there is no clear legislative guidance, and what control and accountability instruments are applied to such agencies. In particular, the influence of constitutions and special laws, such as the Police Act in the UK, the Administrative Procedure Act in Germany, as well as certain provisions of Japanese and US legislation on discretionary powers are considered. Particular attention is paid to how these powers allow agencies to apply flexible solutions in different legal situations, while maintaining a balance between legality and efficiency.

The study concludes that discretionary powers are an integral part of law enforcement systems, but require clear regulation and control to ensure their fair application, which allows ensuring law and order and protection of citizens’ rights.

Legality as a principle of court activity in respecting the rights, freedoms and interests of minors in cases of administrative offences

M. A. Sambor — Sat, 28 Dec 2024 00:00:00 +0200

The article is devoted to the analysis of the interpretation and peculiarities of implementation of the principle of legality in the court’s activity during the consideration of cases on administrative offences. The study focuses on the empirical aspect of the application by courts of the Constitution and laws of Ukraine regarding the observance of human rights and freedoms in proceedings on administrative offences involving certain categories of citizens who need additional protection – minors. Administrative law enforcement practice demonstrates that the courts of first instance and appellate courts, using their own legal consciousness, apply administrative penalties to minors which are not provided for by law, thereby neglecting the principle of legality in the activities of public authorities. The issue of the right to defence of minors and representation of minors in cases of administrative offences is investigated. It appears that the courts point out that the right to defence of minors is not an obligation of public authorities, but is only a right of a minor. At the same time, it should be noted that the representation of a minor's interests is caused by the fact that he or she does not have full legal capacity and the capacity to act, and therefore is not able to independently use and exercise his or her rights and freedoms.

The fiduciary nature of decisions resonates with the parties to the case and the social environment, contributing to the establishment of the authority of the government through trust in its institutions and entities authorised to resolve disputes and eliminate conflict in relevant social relations.

Ignoring the principle of legality in specific court cases leads to the formation of precedent-setting practice for first instance courts to apply positive law in the context of the principle of legality. As a result, the effectiveness of administrative tort law as the ability of its provisions to regulate social relations arising from administrative offences in accordance with the interests of society is reduced. It is the interests of society that serve as the basis for the adoption of such rules and determine their goals and objectives in compliance with the principles of the rule of law, human rights and freedoms and legality. The effectiveness of administrative tort law should primarily be based on the fact that law is a universal regulator of social relations. Consequently, its effectiveness should be realised in the application of rules in actual social relations, i.e. in accordance with the rules of public interest.

In this regard, it is extremely sensitive for each individual to understand violations of the principle of legality in the application of legal liability, including administrative liability. In this context, legality in the application of administrative liability to minors is an extremely important component. Along with ensuring the strict implementation of laws by public authorities, this principle has a significant impact on the legal knowledge and legal culture of young people and the new generation of the country's population. It shapes their attitude towards the state in general and its institutions, in particular the courts, and strengthens their trust in the state as an institution.

Grounds and conditions for the application of preventive measures during the pre-trial investigation of corruption criminal offenses

V. V. Romaniuk, R. I. Login — Sat, 28 Dec 2024 00:00:00 +0200

The article is devoted to clarifying the content of the grounds and conditions for the application of preventive measures during the pre-trial investigation of corruption criminal offenses. The specified scientific search was carried out taking into account the specifics of the mechanism of commission and, accordingly, investigation of the selected category of criminal offenses. The main purpose of the study is to identify and characterize the grounds and conditions for applying preventive measures during the pre-trial investigation of corruption criminal offenses. It is proved that during the pre-trial investigation of corruption criminal offenses, preventive measures are applied only if there are legal and procedural grounds. The legal basis is the existence of a reasonable suspicion that a person has committed a corruption criminal offense and risks that give the investigating judge sufficient grounds to believe that the suspect may not fulfill the procedural duties assigned to him and try to hide from the pre-trial investigation bodies, commit actions to destroy or damage evidentiary information, illegally influence other participants in the criminal proceedings, or otherwise obstruct criminal proceedings, or continue criminal illegal activities. It is emphasized that when deciding on the application of preventive measures in the category of criminal proceedings under study, it is necessary to clarify the presence of risks stipulated in Part 2 of Article 177 of the Criminal Procedure Code of Ukraine and justify their sufficiency in relation to the elements of the mechanism of committing a specific corruption criminal offense. The procedural basis is the ruling of the investigating judge at the request of the investigator, agreed with the prosecutor, or the prosecutor. If the corruption criminal offense is attributed to the jurisdiction of the High Anti-Corruption Court, then the procedural basis for applying preventive measures during the pre-trial investigation of such offenses is the ruling of the investigating judge of the High Anti-Corruption Court. Such a ruling is made at the request of the investigator, agreed with the prosecutor of the Specialized Anti-Corruption Prosecutor’s Office, or at the request of the prosecutor of the Specialized Anti-Corruption Prosecutor’s Office. When making a procedural decision, the investigating judge is obliged to take into account the conditions for applying preventive measures in criminal proceedings: the presence of evidence of circumstances indicating the presence of both components of the legal basis for applying preventive measures and the insufficiency of applying milder preventive measures to prevent the risk or risks specified in the request; ensuring the legality of restrictions on the suspect’s rights during criminal proceedings.

Improving the combat capability of small police tactical groups

I. V. Vlasenko, I. P. Lykhyi, Ya. O. Slatin — Sat, 28 Dec 2024 00:00:00 +0200

The article analyses the methods of enhancing the combat capability of small police tactical groups, in particular, with regard to their participation in hostilities during martial law in Ukraine. The main attention is paid to the importance of the optimal location of the commander in a small tactical group, which ensures the efficiency of performance of service and combat tasks, prompt decision-making, mobility and security of the group.

The paper uses a scientific approach to improving the combat capability and tactics of small tactical groups. The following methods are used in the article: analysis, analysis of primary sources, comparative analysis, statistical and mathematical analysis, survey, expert survey, optimisation and approximation, graphical method of formations and method of optimisation of the commander’s location in a small tactical group, and method of experimental research.

Different types of combat formations are studied, in particular, such as line, column, wedge, rhombus, star, snake and others, which are basic tactical elements. For each type of formation, experiments were conducted to determine the optimal location of the commander. In particular, the speed of command transmission and the risks of information loss depending on the commander’s position and the distance between the soldiers were analysed. It is established that the most optimal location of the commander is in the centre of the formation, as this ensures fast communication and minimises the risk of losses during an attack.

The criterion-based approach is proposed, which includes quantitative, spatial and tactical criteria for choosing the commander’s location. The main criteria include the commander’s personal safety, efficiency of command transfer, reduction of command transformations, and minimisation of movements during re-arrangements. The empirical results confirm the importance of a comprehensive consideration of these factors to increase the combat capability of a small tactical group.

The practical significance of the study lies in its possible use in the training system of the National Police of Ukraine, which will help to ensure the smooth performance of service and combat tasks and reduce personnel losses. Based on the results obtained, recommendations aimed at optimising the location of the commander in different types of combat formations have been developed.

Government regulations and their impact on land division and compensation

D. S. S. Wijayanti, I. Koeswahyono, L. D. Andreassari — Sat, 28 Dec 2024 00:00:00 +0200

Land tenure inequality in Indonesia remains a fundamental challenge to achieving social justice, as mandated by the 1945 Constitution. Government Regulation No. 224/1961 on the Implementation of Land Division and Compensation serves as a critical legal framework to advance agrarian reform through land redistribution to underprivileged communities. This study evaluates the effectiveness of this regulation by examining its implementation in Srimulyo Village, Dampit District, Malang Regency, using a socio-legal approach. The analysis integrates normative and empirical perspectives to explore policy performance. The implementation of land redistribution faces significant challenges, including discrepancies in inventory data, weak inter-agency coordination, and low community participation. Ownership conflicts due to inaccurate data and weak documentation systems also exacerbate the situation on the ground. The study has found that land redistribution does not often reach the target groups most in need, and the lack of adequate monitoring mechanisms has led to suboptimal implementation of the program. The findings show that despite the progress made in legalising land rights, there are still significant challenges. These include discrepancies in land inventory data, inadequate coordination among implementing agencies, and limited community engagement. The study concludes that strengthening inter-agency coordination, digitizing land information systems, and enhancing accessibility through capital, training, and infrastructure support are essential to improving policy outcomes. Strategic recommendations are provided to ensure the sustainability of agrarian reform and enhance the welfare of beneficiary communities. With an integrated approach that focuses on community empowerment, land redistribution can be an effective instrument in reducing land tenure inequality and supporting the achievement of social justice sustainably. This research contributes to identifying actionable solutions for addressing the persistent issues in land redistribution efforts in Indonesia.

Legal protection of community members in the Complete Systematic Land Registration Program

I. Z. Rusmanira, . Sudarsono, M. H. Masykur — Sat, 28 Dec 2024 00:00:00 +0200

This research discusses the issue of legal protection for the community in the Complete Systematic Land Registration Program, which is motivated by the issuance of the Joint Decree of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency, Minister of Home Affairs, and Minister of Villages, Development of Disadvantaged Regions, and Transmigration Number 25/SKB/V/2017, Number 590-3167A Year 2017, Number 34 Year 2017. This decision opens up opportunities for local governments to adopt additional regulations related to the financing of PTSL, which is often a loophole for illegal extortion. This study raises the question of how legal protection of the community in the process of implementing PTSL. The research method used is a regulatory and legal one with the use of the statutory and conceptual approaches. The results of the analysis show that the Ratio Legis of the Joint Decree is philosophically a form of application of Pancasila and the 1945 Constitution, especially Article 33 paragraph (3) and Article 28D paragraph (1), which emphasize protection and legal certainty for the community. Sociologically, the program is designed to accelerate land legalization by considering the geographical conditions and social diversity of Indonesian society. However, legal protection in PTSL is mostly repressive, while preventive protection is inadequate. Regulatory adjustments are needed, including the determination of fair fees based on geographical difficulties and land contours, as well as continuous evaluation and supervision to prevent corrupt acts and illegal levies in this program. This is important to ensure transparency, accountability and a focus on social justice for all segments of society.

Law enforcement activities of the National Guard under martial law

I. V. Shmahailo — Sat, 28 Dec 2024 00:00:00 +0200

The National Guard was established at the beginning of Ukraine’s independence, but began its development only after 2014. Its functioning is due to the threat to public security and order of the state, in particular from the Russian Federation. Instead, the National Guard of Ukraine is a military formation that performs law enforcement functions and demonstrates its potential under martial law. Due to the specifics of the structure of this formation, the concepts of “law enforcement function” and “law enforcement activity” are studied. Law enforcement activities during martial law consist in carrying out actions by specially authorized bodies aimed at protecting the rights, freedoms and interests of citizens, the interests of the State and comply with the form specified in law, taking into account the effect of martial law.

It is noted that the National Guard of Ukraine has a number of features, such as adaptability, preventive activities and inextricable connection with the sphere of communications and communications. The law enforcement activities of the National Guard of Ukraine are multidirectional, which emphasises the unique role of this body as a hybrid structure which effectively combines military and law enforcement functions in the context of complex threats to national security.

Based on the identified features, the individual areas of improvement of the National Guard of Ukraine as a law enforcement entity are formulated. Firstly, to integrate successful foreign experience into the domestic structure of the National Guard of Ukraine, since in many developed countries there are military formations that perform similar functions but have more experience and a different set of powers. Secondly, to continue developing the information space and transparency in it, as this is the way to build trust between the National Guard of Ukraine and the population. Thirdly, to pay special attention to the digitalisation of the National Guard of Ukraine as a law enforcement agency, which should also be linked to the improvement of the competence of the servicemen and women of the National Guard of Ukraine in building an inclusive security environment.