Law and Safety
ISSN / EISSN : 1727-1584 / 2617-2933
Published by: Kharkiv National University of Internal Affairs (10.32631)
Total articles ≅ 241
Latest articles in this journal
Law and Safety, Volume 81, pp 144-148; https://doi.org/10.32631/pb.2021.2.19
Scientific approaches to determining the legal status of the employer in labor relations have been studied considered. The author has studied the norms of the Law of Ukraine “On the National Police”, which determine the identity of the employer and his authority to enter into a police service contract. It has been noted that the state is the employer in labor legal relations of police officers. However, employer powers in accordance with Part 1 of the Art. 63 of the Law of Ukraine “On the National Police” are delegated from the state to the National Police of Ukraine. Employer powers are directly exercised by the head of the police agency granting the right to accept and dismiss from the police. This person, on the one hand, is a representative of the employer, on the other hand – an employee. It has been stated that the Law of Ukraine “On the National Police”, defining the identity of the employer in the labor legal relations of police officers, did not enshrine the labor rights and responsibilities of the National Police of Ukraine as an employer. It is recommended to clearly define the list of labor rights and responsibilities of the National Police of Ukraine as an employer in the Law of Ukraine “On the National Police”. The following groups of labor rights of the National Police of Ukraine should be envisaged: 1) the right to select on the position of a police officer; 2) the right to accept, transfer and dismiss from the police; 3) the right to demand from the police officer to perform his / her functional duties; 4) the right to organize and manage the service; 5) the right to apply incentives; 6) the right to compensation ин police officers for the damage caused to the property of the police agency as a result of the violation of their functional duties by police officers. It is also necessary to consolidate the following groups of labor responsibilities of the National Police of Ukraine: 1) ещ provide the police щаашсук with work that meets the job descriptions and functional responsibilities of the relevant position; 2) ещ create appropriate service conditions necessary for the performance of functional duties; 3) to ensure proper rest of police officerі; 4) to provide timely financial support to police officerі and in the full extent; 5) to provide social protection for police officers; 6) to ensure the protection of the life and health of police officers, the life and health of family members, as well as their property.
Law and Safety, Volume 81, pp 104-110; https://doi.org/10.32631/pb.2021.2.13
The emphasis has been placed on the fact that the state is currently aware of the importance of information security within its territory and takes a number of important steps in this direction, such as the development of a new Information Security Strategy. However, such steps are difficult to consider objective, since they do not take into account a number of legal and organizational problems that need to be addressed promptly. Such problems include the following. First of all, the existence of an extensive regulatory and legal base in the information sphere in general and ensuring economic security, in particular. A large number of laws and by-laws different in their content and essence significantly complicates the development of comprehensive measures to ensure information security of Ukraine, and therefore needs to be improved. The latter can be implemented by codifying the said regulatory and legal base and by adopting the Code of Ukraine on Information and Information Relations, where a separate Section will be focused on information security issues. Secondly, the current conditions, where Ukraine finds itself, require the government to quickly adopt a new modern Information Security Strategy, which will include a number of measures aimed at improving such security level, since the latter is undoubtedly one of the important components of national security. Thirdly, the issue of ensuring certain aspects of information security is attributed to the tasks of various state authorities (Parliament, Government, executive authorities, law enforcement agencies, etc.). Moreover, such issues should be addressed at the local level by both legal entities and individuals, in the latter case we can talk about the personal information security of each person. This multiplicity of subjects of information security and the difference in their powers necessitates the creation of an appropriate coordinating agency with special powers in the mentioned area.
Law and Safety, Volume 81, pp 79-84; https://doi.org/10.32631/pb.2021.2.10
In this article the author has made a theoretical analysis of law enforcement officials’ professional competence and has defined the meaning of professional competence of the police officer in the tactical-operational respond unit (TOR) of the National Police of Ukraine. Taking into consideration specific official tasks and professional activity the author describes the main abilities of the police unit (TOR). Among the structural components of professional competence of the police unit TOR: personal, active, social competence is separated. It is shown the intentional filling of structural ingredients of the professional competence of the police unit TOR. It is underlined that the actuality of the research of the development of police officers’ professional competence in this tactical-operational respond unit is connected with the increasing of citizens’ “close” looks at the police actions on the whole and a new-organized unit of the patrol police especially. Social-economic and political changes which are taking place in the lives of modern Ukrainians are characterized by the considerable increase of their civil activity and are expressed by their participation in public events of the different types: political, economic, social, sports, cultural, gendered, religious, ecological and so on. Considering Ukrainians’ high political activity, the urgent necessity of security guaranteeing and holding the public order were formed by the National Police Bodies during public events with participation of a great number of people. That’s why on purpose of providing civil security and law-and-order guard of the public events in 2017 the new unit of patrol police of tactical-operational respond TOR was organized. The new challenges have arisen before the new-organized police unit [3, 6]: to minimize the risks which may appear during public events; to decrease tense in the crowd without demonstrating force; to prevent and to resist street criminality; to be on patrol in the city for the operational support of the patrol police crews in the case of calls with the higher degree of the risk; to react on the situations where there is a real threat of using the weapon or another threat to people’s life; to detain people who are hiding from justice or are wanted and can be dangerous. “We need the units of the civil guard with a new mentality, and absolutely a new approach”, said the assistant of the minister of MIA of Ukraine S. Yarovyi in his interview . The fulfillment of the mentioned tasks demands from the policemen a high level of preparation and professional competence, which is expressed according to O. Tsylmak in the person’s possibility to use the set of acquired knowledge, skills and abilities in practical professional activity effectively . The actuality of the research of the development of professional competence of a police officer in the tactical –operational respond unit is connected with the increasing of people’s “close” looks at the policemen in general and the new-organized patrol police unit in particular. The question of the policeman’s professional competence is a central one because nowadays in the communication with the policemen people use technical means of fixation (such as photo-, video-fixation), somebody to protect themselves against the police misconduct, somebody to show policemen “in not the most flattering light”.
Law and Safety, Volume 81, pp 130-135; https://doi.org/10.32631/pb.2021.2.17
The bases of the legal status of the Accounting Chamber have been studied: rights, duties, responsibilities, principles, purpose, functions, place of the Accounting Chamber among other state agencies and their interaction. It has been emphasized that the Accounting Chamber should be assigned the status of the Supreme Audit Institution in order to harmonize the legal definition of the legal status of the Accounting Chamber with international standards, namely the Lima Declaration of Control Guidelines, which should assist in expanding the powers of the state agency and should facilitate the effective realization of control functions. The authors have studied the problem of compliance of the Accounting Chamber with the principle of independence contained in the Constitution of Ukraine and in the Law of Ukraine “On the Accounting Chamber”. The emphasis has been placed on the fact that the legislator identifies the legal categories of “state financial audit” and “state external financial control (audit)” in the Law of Ukraine “On the Accounting Chamber”, by using the phrase “state external financial control (audit)”. It is the basis for authors to emphasize the importance of adopting a regulatory act, which will be designed to distinguish between basic categories (concepts) in the field of public financial control (audit). The need to consolidate the functions of the Accounting Chamber at the legislative level and their delimitation with the powers of a state agency has been substantiated. The need to supplement the title of the Law of Ukraine “On the Accounting Chamber” with the word Ukraine has been emphasized. The shortcomings of the legal regulation of the institution of responsibility of officials of the Accounting Chamber have been highlighted. The emphasis has been placed on the fact that the mechanism for bringing officials of the Accounting Chamber to disciplinary responsibility is not regulated at a high level. The authors have emphasized on the improvement of normative and legal regulation of the special procedure for bringing guilty persons to administrative liability by authorized persons of the Accounting Chamber for violation of the law. Based on the analyzed experience of the Accounting Chamber of France, the authors have suggested the ways to improve the legal status of the Accounting Chamber of Ukraine.
Law and Safety, Volume 81, pp 111-115; https://doi.org/10.32631/pb.2021.2.14
Scientific research is focused on the problems of vehicle identification by tire marks on the soil. It is argued that the car can either be a participant in a traffic accident or be used during theft of property or kidnapping. The constructional features of the wheels and tires of a car, which are important in the formation of tracks, are described. When the wheel comes into contact with the soil, the tread pattern is reflected. The features of the vehicle tire marks recorded by the investigator and the forensic scientist during the scene search have been determined. Photo or video recording of car wheel tracks is possible, as well as preparing the impression from the display of the tread on the soil. The possibilities of transport and traceological examination for studying the traces of car wheels have been established. The procedure for appointing an expert examination by an investigator is described. There is a list of materials that are provided for an expert study, as well as a list of questions that can be posed to an expert. It is argued that a problem in proving the involvement of a vehicle in the commission of a crime is the possibility of the vehicle tires or wheels to be replaced immediately after it has been committed. Recommendations regarding the identification of a vehicle based on tire marks on the soil are suggested. To establish the fact of changing tires on a car after the commission of a crime, the investigator must seize all sets of tires that are found in the suspect’s household or garage. It is possible to confirm the fact of changing tires on a particular car by interrogating employees of service stations located near the suspect’s residence. In addition to tire marks, to identify the vehicle, it is worth using the testimony of witnesses regarding the model and color of the car, traces of glass debris and paint chips at the accident site and damage on the car itself.
Law and Safety, Volume 81, pp 50-59; https://doi.org/10.32631/pb.2021.2.06
The problem of professional and personal formation of managers of the security and defense sector of Ukraine has been studied. It has been emphasized that the basis for professional and personal development of the managers of the Ministry of Internal Affairs of Ukraine is formed by the activity and personality as basic categories, which are reflected in the block of professional formation and the block of personal formation, where each block is reflected in specific components and is revealed in appropriate criteria. In particular, the first part of the study – the psychological characteristics of the block of professional development is presented, namely through such components and their criteria as: activity – career motivation, professional aspirations; behavior – a metasystem of relations in the activity, conflict resolution competence; work – managerial identity of the manager, managerial decision as a product, communication – socio-psychological competence, emotional and volitional regulation. The study is based on the use of a number of methods of psychological diagnosis, which assisted to examine 844 people, including 385 managers and 459 employees of the agencies and departments of the Ministry of Internal Affairs of Ukraine. The obtained results have been processed by using the methods of mathematical statistics. The originality of the stu The problem of professional and personal formation of managers of the security and defense sector of Ukraine has been studied. It has been emphasized that the basis for professional and personal development of the managers of the Ministry of Internal Affairs of Ukraine is formed by the activity and personality as basic categories, which are reflected in the block of professional formation and the block of personal formation, where each block is reflected in specific components and is revealed in appropriate criteria. In particular, the first part of the study – the psychological characteristics of the block of professional development is presented, namely through such components and their criteria as: activity – career motivation, professional aspirations; behavior – a metasystem of relations in the activity, conflict resolution competence; work – managerial identity of the manager, managerial decision as a product, communication – socio-psychological competence, emotional and volitional regulation. The study is based on the use of a number of methods of psychological diagnosis, which assisted to examine 844 people, including 385 managers and 459 employees of the agencies and departments of the Ministry of Internal Affairs of Ukraine. The obtained results have been processed by using the methods of mathematical statistics. The originality of the study is due to a comparative analysis of the characteristics of the indicators of the block of professional development of professional and personal formation of the managers of the Ministry of Internal Affairs of Ukraine and employees who do not perform managerial functions. It has been proved that the indicators of the components of professional and personal development of managers differ from similar indicators of those who are not managers within the system of the Ministry of Internal Affairs of Ukraine in terms of quality and content, which is primarily focused on management functions. The obtained empirical data will contribute to the improvement of management theory and practice in the law enforcement system. dy is due to a comparative analysis of the characteristics of the indicators of the block of professional development of professional and personal formation of the managers of the Ministry of Internal Affairs of Ukraine and employees who do not perform managerial functions. It has been proved that the indicators of the components of professional and personal development of managers differ from similar indicators of those who are not managers within the system of the Ministry of Internal Affairs of Ukraine in terms of quality and content, which is primarily focused on management functions. The obtained empirical data will contribute to the improvement of management theory and practice in the law enforcement system.
Law and Safety, Volume 81, pp 182-190; https://doi.org/10.32631/pb.2021.2.25
Based on a systematic analysis of civil law norms, the problem of regulatory consolidation of a service as an object of civil rights is revealed. In particular, grammatical awareness of the content of certain norms contained in the Civil Code of Ukraine allowed us to make a rather contradictory conclusion that the service is a material good, a thing that consists in the action or activity of the service contractor. This legal paradox exists due to several shortcomings of legislative technique. The first one concerns the conjunction "including", which, according to grammar rules, refers a service (as a specific concept) as things (as a generic concept). It follows from the above that the Union "Including" should be removed in Part 1 of the Art. 177 of the Civil Code of Ukraine. The second disadvantage is due to the lack of a separate norm that would determine a clear place of the service in the system of objects of civil rights. In this regard, and taking into account the essence of the service as an object of the intangible world, it is offered to supplement Chapter 15 "intangible benefits" with a separate Article entitled "Services", which should contain a definition of the concept of this object of civil rights along with other important provisions. Moreover, the concept of a service is applied contrary to its legislative definition according to the analysis of judicial practice, namely as its result, and not as a benefit, we offer that the word "services" and the phrase "results of work" in Part 1 of the Art. 177 of the Civil Code of Ukraine should be swapped. These amendments will contribute to legal certainty and reduce the manifestations of arbitrary interference by state agencies, including the court, in the rights protected in the Constitution of Ukraine and in the Convention for the Protection of Human Rights and Fundamental Freedoms.
Law and Safety, Volume 81, pp 154-159; https://doi.org/10.32631/pb.2021.2.21
The research is focused on the problems of legal regulation of spreading opinions and beliefs through TV broadcasting. The scientific novelty of the research consists of the provisions on the need to amend the legislation on establishing the procedure for inspection and monitoring of television organizations by the National Council on Television and Radio Broadcasting. The author has studied legislative acts regulating the activity of mass media and works of scholars, where the peculiarities of the legal status of television organizations are covered. It has been stated that the constitutional right to free expression of one’s opinions and beliefs can be exercised through TV broadcasting. The legal basis for the activities of television organizations has been determined. The legal principles for the activities of journalists of television organizations have been clarified. Forms of disseminating one’s own views through television have been established. It has been emphasized that the creation of one’s own television organization by a citizen or a legal entity is the first way to spread opinions and beliefs. The participation of well-known politicians or public figures in television programs has been recognized as a separate form of disseminating the relevant concepts to a wide audience. At the same time, broadcasting an interview given by a well-known public or political figure to the TV channel’s journalists is an important method of disseminating the relevant information. Legal restrictions on the dissemination of certain information by television have been defined. It has been stated that the right to information may be limited by law in the interests of national security, territorial integrity or public morality. The general characteristics of monitoring and supervisory powers of the National Council on Television and Radio Broadcasting have been provided. The author has formulated propositions for amending the current legislation regulating the activities of the National Council on Television and Radio Broadcasting.
Law and Safety, Volume 81, pp 169-175; https://doi.org/10.32631/pb.2021.2.23
Given that the right to marry is an inalienable right of everyone, guaranteed by international law and national legislation of different world countries, it is accordingly forbidden to interfere with the lawful marriage. At the same time, the marriage procedure in different countries has its own characteristics, which depend on such factors as culture, religion, features of the legal system, etc. The influence of these factors on the marriage with a foreign element and some problems that may arise during its conclusion were taken into account while writing this scientific article. Thus, since the current legislation and the legal system of different countries may significantly vary, there may be some problems in the implementation of marital relations with foreigners, which require more detailed study. The problematic issue of realization of marital relations with foreigners on the territory of Ukraine and in foreign countries with different legal systems has been revealed. The procedure of concluding marriage between citizens of the state and certain aspects of marriage with foreigners has been determined. Particular attention has been paid to the analysis of the procedure of marriage with a foreign element in countries with common law, Romano-Germanic and Islamic legal systems. It has been noted that marital and family relations are regulated by separate legislative acts and in some countries by religious norms. The practical aspects of marriage registration have been revealed, in particular, the conditions, the observance of which is obligatory for the registration of marriage with a foreign element have been described and characterized. It has been noted that marriage under current law of different countries can take place only if the established requirements are followed: conclusion of marriage contract, lack of close blood ties, compliance with the requirements of religion, reaching marriage age, mutual consent of both parties, equality, presence of witnesses while concluding a marriage contract and marriage, observance of folk traditions. The emphasis has been placed on the fact that a foreign element within international family law at the time of marriage is manifested in two aspects: as a subject of legal relations and as a legal fact. The authors have analyzed the case law of the European Court of Human Rights in regard to the protection of the rights of married women, which has answers to a wide range of problematic issues that arise in certain life circumstances regarding the conclusion of marriage, including with a foreign element.
Law and Safety, Volume 81, pp 42-49; https://doi.org/10.32631/pb.2021.2.05
The sovereignty and territorial integrity of Ukraine have been violated for more than seven years, part of the territories of Donetsk and Luhansk regions, the Autonomous Republic of Crimea are temporarily not under the control of the sovereign. Researchers and reintegration experts pay attention to the categories of effective and general control in these circumstances. Both concepts from the point of view of historical and law-making importance have significantly influenced the development of international public law and the state responsibility institution involved in armed conflicts, but accomplish this not directly, but through third parties of the conflict: a state controls the behavior of individuals or groups of individuals on the territory of another state. It is possible to appropriate the actions of individuals to the state through the concepts of state and effective control at the international level, although such evidence is extremely difficult in some cases, since the relationship is carefully concealed and the state denies its involvement in international armed conflict. The establishment and recognition of such a relationship between a state and a person or a group of persons, as well as the disclosure of the causal link between governmental actions and the conduct of individuals becomes the subject matter of proving at the international level in case of applying the concepts of effective and general control. In particular, the United Nations International Court of Justice and the European Court of Human Rights are actively working with the concepts of effective and general control to deal with cases of violating human rights, international humanitarian law on the territories of armed conflict. All this determines the relevance of the research of these concepts for their subsequent practical application to prove the fact of involvement of certain subjects of international law in armed conflicts. In this aspect, the development of the concept of effective or general control can facilitate the solution of topical issues of Ukraine’s domestic and foreign policy. The analysis of this concept can be taken as arguments that the conflict in Ukraine should be classified as international, armed aggression of the Russian Federation is being carried out against Ukraine.