Law and Safety

Journal Information
ISSN / EISSN : 17271584 / 26172933
Total articles ≅ 62

Latest articles in this journal

N. E. Miloradova
Law and Safety, Volume 72, pp 104-110; doi:10.32631/pb.2019.1.14

Abstract:It has been noted that professional development of investigators of pre-trial investigation agencies of the National Police is a multi-faceted process, which includes both statutory regulated mandatory measures and appropriate professional and psychological support, as well as self-education and self-improvement of specialists. That is why consideration of the problems arising in the process of professional development and self-affirmation of employees of investigative units is a prerequisite for improving the efficiency of their activities. Legislative acts regulating the peculiarities of the professional development of investigators of the National Police of Ukraine have been considered. Among the disadvantages of psychological support for passing consistent professional-genetic steps by investigators within the stage of professional development, the author has studied issues at the stages of professional adaptation (adaptant), mastering professional activity (intern), creative self-expression (master), mentoring (mentor), dismissal and social re-adaptation. The author has analyzed the problems of advanced training of investigative units’ employees and the problems of professional training among the disadvantages of organizational and methodological support for the professional development of investigative units’ employees after the graduation from the professional training. It has been also noted that the heads of structural units do not always let their subordinates to study at the correspondence course in institutions of higher education; investigators have lack of time for self-education, self-improvement and self-training for studies that reduces their motivation to self-improvement.
T. P. Matiushkova
Law and Safety, Volume 72, pp 13-27; doi:10.32631/pb.2019.1.01

Abstract:This article is concerning on researching the crimes against the elective franchise as the crimes within the transnational nature, which are committed by the usage of information technologies. Different approaches to determine crimes against electoral rights of citizens have been described. Significant differences in number of offenses recorded by the Department of Information Support and Coordination of Police, crimes detected by the National police of Ukraine, as well as in the number of initiated criminal proceedings and number of criminal proceedings referred to the court have been highlighted. The types of unauthorized interference into the database of the State Register of Voters have been pointed. The impact of new voting technologies in increasing number of crimes against the elective franchise has been stressed. The external and internal subjects of crimes against the elective rights of citizens committed by usage of information technologies have been specified. Certain difficulties and problems, an overcoming of which requires a comprehensive approach, have been disclosed. In particular, blanket nature of statutory regulations, lack of well-established investigative and judicial practice, the needs in cooperation among different law enforcement agencies, including international engagement, involvements non-governmental organizations, etc.
S. V. Kharchenko
Law and Safety, Volume 72, pp 111-116; doi:10.32631/pb.2019.1.15

Abstract:Professional communication of a police officer often occurs in complicated conditions, frustration and stress. The influence of the factor of “social intelligence” on the features of communication in ordinary conditions of future specialists in the professions “man – man” is actively studied in psychological science. The objective of this study was to summarize empirical data on the interrelationships between social intelligence abilities and behavior patterns in the frustration and stress situation of cadets of higher educational institutions with specific learning conditions. The following psycho-diagnostic methods were used in this work: J. Guilford’s social intelligence method, S. Rosenzweig’s test, and S. Hofball’s SACS personal questionnaire. Statistical processing of the results was carried out by using the Spearman’s rank correlation criterion. The research was conducted on the basis of Kharkiv National University of Internal Affairs. 40 freshmen cadets were surveyed. It has been clarified that the level of development of social intelligence in general positively influences the behavior of surveyed cadets in a frustration and stress situation. It has been demonstrated that cadets with a higher level of social intelligence are not inclined to react to accuse other people and circumstances (extra-punitive reaction) in a frustration situation. The most marked is the reaction of concentrating on an obstacle and the expectation that someone else should resolve the frustration situation. But some abilities in the surveyed group of cadets that are part of the social intelligence were differently related to the character of the reaction in a frustration situation. In our opinion, this indicates that the domination of certain ability within the structure of social intelligence to some extent determines behavior in a frustration situation. It has been determined that cadets with a higher level of social intelligence tend to use in the stress situation such a strategy to overcome it as “impulsive actions” and to avoid a manipulative strategy of “indirect actions” and anti-social strategy of “anti-social action”.
V. Yu. Boichuk
Law and Safety, Volume 72, pp 53-57; doi:10.32631/pb.2019.1.06

Abstract:On the basis of the analysis of criminal and legal literature, certain provisions of the Criminal Code of Ukraine and court practice of their application, the author has determined that the description of special features of the crime’s subject through the construction of “in connection with the performance of official duties” used by the legislator in the disposition of the Art. 330 of the Criminal Code of Ukraine indicates the identity of the subject to the category of officials. At the same time, taking into account the dualism of criminal and legal approaches to the definition of the term of “an official” in the descriptions of a victim and the crime’s subject, the author has emphasized on the application of the more narrow concept laid down in Part 3 of the Art. 18 of the Criminal Code of Ukraine and the Resolution of the Plenum of the Supreme Court of Ukraine dated from April 26, 2002 No. 5 “On judicial practice in cases of bribery”. As a result, the author has come to the conclusion that a special subject of the crime under the Art. 330 of the Criminal Code of Ukraine may be officers of the departments of the National Police of Ukraine, the State Investigation Bureau, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Guard Service of Ukraine, the Office of State Security, the State Fiscal Service of Ukraine, the State Penal Service of Ukraine, the Ministry of Defense of Ukraine, the President of Ukraine, officials of the President’s Administration of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, National Security and Defense Council of Ukraine, Supreme High Command General Headquarters of Ukraine, the Ministry of Defense of Ukraine, the General Staff of Armed Forces of Ukraine, the unions, military units and units of the Armed Forces of Ukraine, the State Special Transport Service, the State Service for Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, regional, district, city and district in the cities, state administrations and local self-government agencies, as well as officials of enterprises, institutions and organizations that carry out state defense orders, conduct research and perform development in the defense area, etc.
O. M. Tsilmak
Law and Safety, Volume 72, pp 117-123; doi:10.32631/pb.2019.1.16

Abstract:The author has emphasized on the need to provide higher education students with innovative teaching materials that would promote their comprehensive development and increase their competitiveness. It has been noted that forensic psychology is an independent branch of legal psychology that studies psychological patterns and mechanisms of the development of processes and phenomena that arise during the performance of judicial activity. It has been emphasized that forensic psychology, as well as every branch of legal psychology, has its own objective, task, object of study, subject matter of study and subjects of study. It has been stressed that the scientific and applied provisions of forensic psychology should be based on certain principles and provide an understanding of the whole spectrum of psychological peculiarities of judicial activity. The scientific novelty of the study is that: 1) the author for the first time: a) has defined the content of the objective, subjects of study, the object of study and the subject matter of study of forensic psychology; b) has specified the list of functions of scientific and applied provisions of forensic psychology (gnosiological, interpretative, explanatory, noteworthy, critical, practically applied, communicative, organizational, creative, perceptual, prognostic and synthesizing); and has considered their content; c) has distinguished the sections of forensic psychology (general theoretical provisions of forensic psychology, psychological peculiarities of judicial activity, psychological characteristics of a judge’s personality, psychological characteristics of the participants in court proceedings) in accordance with the directions of the subject of study, and the tasks are specified for each of them; 2) has improved the content of the concept of “forensic psychology”; 3) the principles of scientific and applied provisions of forensic psychology (legality, integrity, complexity, comprehensiveness, objectivity, consistency, systematicity, concreteness, determinism and flexibility) and their content have been further developed. Everything will contribute to the systematization, specification, refinement and development of the main scientific and applied, general theoretical provisions of forensic psychology as an independent branch of legal psychology.
Ye. S. Lohvynenko, I. A. Lohvynenko
Law and Safety, Volume 72, pp 65-71; doi:10.32631/pb.2019.1.08

Abstract:Based on the analysis of the philosophical, political and legal doctrines of Ancient China – Taoism, Confucianism, Mo-tze’s guidelines, Mo-dze’s teachings, Legist and Orthodox Confucianism – the authors have demonstrated specific features of understanding the essence of punishment in the ancient Chinese society. The factors that influenced the establishment and development of the institution of punishment in China have been revealed. It has been noted that the specificity of the criminal legislation of the Ancient China was the fact that the reality of the threat to the current government was foremost taken into account while determining the punishment. The most dangerous were considered acts that threatened the ruler, less dangerous that threatened society. Therefore, all punishments can be divided into those that threatened the authority of government, and those that did not directly affect the interests of the ruler. The basic principles of implementing punishments have been defined. The authors have concluded that the philosophical teachings of Ancient China had significant differences from many political issues, but were similar in understanding the role and purpose of punishment. For the most part, the use of punishment was united into a single system with rewards, which had one purpose: to centralize and strengthen the ruler’s power, to liquidate his political opponents, and to curb the disobedience of the people in all its manifestations. Consequently, punishment was considered as one of the methods of managing a society. It has been noted that there was no understanding about the law in the ancient world. Punishment did not become a separate institution. There was a gradual formation of the institution of punishment. Religion and the morale of those times greatly influenced on that process.
I. O. Sviatokum
Law and Safety, Volume 72, pp 47-52; doi:10.32631/pb.2019.1.05

Abstract:The article deals with the current legal framework for the activities of the police commissions in Ukraine. These bodies, established under the 2015 Law of Ukraine “On National Police”, are tasked primarily with ensuring transparent staffing of the police by conducting competitive selection of the candidates for the positions in the police. They include representatives from the Ministry of Internal Affairs, National Police as well as representatives of the civil society, appointed on the by the oblast councils on the local and by the Verkhovna Rada Human Rights Ombudsperson on the countrywide level. However, in the study, a number of problems of the existing regulations have been identified. The first group concerns the way the commissions are established, namely, there is no single approach to the establishment of the commissions of the interregional territorial police forces (such as the Patrol Police). While some of these forces have only one police commission, functioning in Kyiv, the others (including the Patrol Police) have separate police commissions for every oblast. While the latter provides better representation of the local interests, legal status of such commissions requires clarification. Additionally, it was proposed, that establishment of the police commissions on the level below the oblasts seems to be appropriate in order to better represent interests of the communities. The second problem stems from the fact that the contests involving police commissions are obligatory only for the first assignment in the police, while further career decisions are at the respective police director’s discretion. There are no criteria that make appointment through the procedures of the police commissions obligatory for any position in the police, which significantly lowers their relevance for the further career development of the police officers. Therefore, it was proposed to establish a list of the positions, for which the contest would be mandatory. Finally, the article deals with the issue of the policing priorities. While they are mentioned in the Law of Ukraine “On National Police”, the powers of the police commissions to issue them are not sufficiently regulated. It was suggested, therefore, to establish a mechanism, under which the police commissions would draft policing priorities and the respective local councils would adopt them.
Ye. Yu. Barash, Yu. Yu. Boiko-Buzyl, M. M. Chychuha
Law and Safety, Volume 72, pp 84-90; doi:10.32631/pb.2019.1.11

Abstract:The social institutions of punishment and release have been studied. The essence of the release as the process of completing the influence on the convicted person with the purpose of his return to social and normative life in society has been revealed. The spectrum of problems of preparing convicts for the release has been outlined. The authors have specified the weaknesses of the current state program for preparing convicts for the release. In order to reveal the peculiarities of the indicators of socio-psychological readiness of convicts for the release (cognition, emotion, reflection) and to identify the specifics of their tendencies towards further self-directed obedient behavior after being released, the authors have presented generalized results of the empirical study carried out with the help of the authors’ questionnaire “Socio-psychological readiness of convicts for the release”. The research was implemented on the basis of state institutions of the penal system, namely, in the correctional colonies of the Central-West Interregional Department for the execution of criminal penalties and probation of the Ministry of Justice of Ukraine. 118 male respondents aged 20 to 55 years sentenced under the Articles 121, 122, 115, 185, 186, 187, 307 of the Criminal Code of Ukraine, who had less than 6 months left before the release, participated in the study. The authors have emphasized on the expediency of developing a program for preparing convicts for the release, taking into account indicators of socio-psychological readiness, and on the objective need for professional training of personnel of penitentiary agencies and institutions that will carry out socio-psychological support of convicts who have less than 6 months left until their release.
Yu. V. Aleksandrov
Law and Safety, Volume 72, pp 78-83; doi:10.32631/pb.2019.1.10

Abstract:The paper is focused to the study of the professional I-concept of patrol police officers and the features of this concept, depending on the availability of previous experience in the system of the Ministry of Internal Affairs of Ukraine. The definition of I-concept, self-appraisal, awareness and self-consciousness of a personality has been revealed. The modern approaches to the problem of the professional I-concept in psychology have been analyzed. The author has presented the results of the empirical study, which was attended by police officers divided into 2 groups – those who used to serve in the internal affairs agencies (IAA), and those who did not have experience in the militia. During the research the author has studied the representations of police officers about themselves and about the ideal police officer, the levels of self-appraisal of police officers, peculiarities of their career orientations and self-efficacy. It has been experimentally established that the self-appraisal of police officers without experience in the IAA is overestimated. The specifics of the system of representations of patrol police officers of different groups about their own professionally relevant personality qualities and the specifics of the system of representations about their own communicative qualities have been also researched. The author has demonstrated the vision by police officers who do not have the experience in the IAA, the image of an ideal patrol police officer, their understanding of the ideal police officer, as well as their vision of themselves as the bearer of leadership qualities, the attitude towards authoritarianism and dictatorial manifestations. Based on the research the author has also noted the specifics of career orientations and the peculiarities of the effectiveness of patrol police officers, depending on their previous experience in the police. To solve the problems, the author has used the following psycho-diagnostic techniques: “Personal differential”; Lyri method of diagnosis of interpersonal relations; “Career Anchors” by Edgar H. Schein; Scale of general self-efficacy; S. Budassi methodology.
V. I. Barko, V. V. Barko
Law and Safety, Volume 72, pp 91-96; doi:10.32631/pb.2019.1.12

Abstract:The authors have studied the problems of theoretical principles and methodical tools of carrying out professional research at the National Police of Ukraine, in particular, the issue of developing a job description of community police officers. It has been demonstrated that job descriptions represent a complete description of the specifics of a particular profession, they reveal the content of professional work, as well as the requirements that a profession brings to a person; this is a document that provides a comprehensive, systematic and comprehensive description of the objective characteristics of the profession and the totality of its requirements to individual and psychological features of a man. An important part of the job description is a psychic profile containing a complete description of the actual psychological characteristics and professionally important personal qualities of specialists. Theoretical bases and structure of the experimental process of professional research have been provided; the possibilities of using some of its methods and means for the development of a modern professional profile of community police officers have been revealed. It has been emphasized that scientifically substantiated professional research of professional police activity will create favorable conditions for increasing the efficiency of professional selection of personnel and appointment of police officers, will promote more efficient use of personnel potential of police units, enable improvement of training, retraining and professional development of police officers, rationalization of working conditions, reduction of morbidity, etc. Based on a broad pilot study involving police officers from 25 regions of the state, the authors have established a list of the main professional qualities of community police officer, have defined qualitative and quantitative psychological and psycho-physiological indicators recommended for professional activity, the authors have also established psychological and psycho-physiological contraindications to the professional activity of community police officers.