Law and Safety
ISSN / EISSN : 17271584 / 26172933
Current Publisher: Kharkiv National University of Internal Affairs (10.32631)
Total articles ≅ 79
Latest articles in this journal
Law and Safety, Volume 73, pp 25-30; doi:10.32631/pb.2019.2.03
Abstract:It has been substantiated that the role, tasks and scale of the state financial control are directly related to the concept of national and economic security of Ukraine, and the specific attitude towards this control is due to the fact that it is carried out in the plane of interweaving of state, regional, corporate and individual interests. It has been noted that the state financial control covers not only the process of the formation of the revenue part of the budgets, but also their expenditure component, since the state should implement it during the realization of government programs, financing current and capital expenditures, providing local budgets with additional resources from the State Budget, etc. Due to the formalization of certain stages of the system of the state financial control, identification of the main threats to the financial and budgetary system and motivation to avoid tax payments, the definition of the factors of ensuring national security was further developed in the article. To improve the existing control procedures, the author has offered the list of factors for increasing the efficiency of control in the financial and economic sphere, which can facilitate the organization of the state financial control in general. The author has determined the directions for improving the forms and methods of the state financial control, namely: increase of the number of joint inspections of controlling agencies, including cross-checks (counter-checks); carrying out repeated inspections of subjects that made concealment and abuse in large amounts; usage of indirect methods of calculating the subject’s base.
Law and Safety, Volume 73, pp 75-81; doi:10.32631/pb.2019.2.12
Abstract:The author has studied the current problem in Ukrainian criminal law – the problem of the courts’ understanding of the general jurisdiction of the repetition of offences, as well as their recidivism in the framework of the circumstances aggravating criminal punishment. Attention at the beginning of the paper, has been paid to the importance of understanding the regulatory act as the main source of criminal law in Ukraine. It has been demonstrated that it is the regulatory act that should determine the rules, which should be obeyed by the judicial authorities of Ukraine. It has been emphasized that it is necessary to take into account the law while interpreting the prescriptions of normative acts by the national courts; it has been stressed that such interpretation should proceed from the definitions and formulations available, first of all, in the legislation. The author has emphasized on the importance of adhering to the rules and regulations, in the course of such interpretation, used in the law without such unreasonable extension or distortion of their content by relevant court decisions. Having analyzed the relevant Resolution of the Plenum of the Supreme Court of Ukraine, as well as the verdict of one of the Courts of Appeal of Ukraine, the author tries to prove that the aforementioned courts violated the limits of its interpretation in explaining the provisions of the criminal law on repetition of offences and recidivism, while unjustifiably giving the value of one criminal feature to another one. According to the author, these judicial authorities have formally taken the formulation of the content of the repetition of offences and recidivism, which are legally saturated in the current Criminal Code of Ukraine. Thus, they actually ignored the increased public risk of recidivism against the backdrop of the repetition of offences. The specificity of committing the offenses inherent to the recidivism is not taken into account, when a person has already a previous conviction for unlawful activity, as well as the fact that such crimes are usually characterized in terms of their consistency and randomness. On this basis, the author has substantiated the incorrectness (criminal injustice) of the approach recommended by the Plenum of the Supreme Court of Ukraine to the application of the institutions of recidivism and the repetition of offences in deciding the issue of punishment. Proper arguments have been provided. Specific conclusions have been formulated.
Law and Safety, Volume 73, pp 109-113; doi:10.32631/pb.2019.2.17
Abstract:The practice of conduct of operations has proven that not every participant in these events endures painlessly the extreme conditions of the battle for their mental health. Under the intense influence of psycho-traumatic factors of the combat environment, a law enforcement officer can get mental disorders of various degree of severity, which lead to a partial or complete loss of combat capability. The author has provided results of studying mental health of law enforcement officers – participants in the anti-terrorist operation after a month of their last business trip. Mentally healthy law enforcement officers had high stress, depletion of internal resources, the formation of an accentuation of personality and symptoms of emotional burnout with a reduction in professional duties, which can lead to emotional problems (anxiety, affective fluctuations, decreased productivity). This category of law enforcement officers requires the conduction of psycho-correctional measures. Law enforcement officers with moderate degree of post-traumatic disorder have increased affective instability, flatness and conservatism; psychosomatic and vegetative disorders have emerged, indicating the need for psychological assistance to these individuals, despite the absence of clear PTSD clinical criteria. Law enforcement officers, who received psychological assistance in connection with clear features of post-traumatic disorder, on the background of significant reduction of psycho-pathological symptoms, there is tendency to socially approved behaviors, while emotional limitation – “insensitivity”, is formed, which is evidenced for the need to conduct psychological rehabilitation with them. It has been substantiated that, regardless the degree of psychological trauma, at different stages of psychological support of the professional activities of law enforcement officers, it is necessary to carry out psycho-correctional measures.
Law and Safety, Volume 73, pp 20-24; doi:10.32631/pb.2019.2.02
Abstract:An analysis of the professional tasks of law enforcement officers in the context of an anti-terrorist operation suggests a significant deterioration in their psychological and physical health. Therefore, one of the relevant problems of legal psychology is the development of scientific methods for substantiating and optimizing programs for the psychological provision of the professional activities of law enforcement officers serving in such conditions (professional selection, diagnosis and support of psychological readiness, psychological support, psycho-prophylaxis, correction and rehabilitation). This is necessary to minimize the negative psychosocial consequences in the form of pronounced features of borderline mental disorders and addictive behavior with the formation of concomitant addictions to alcohol and drugs. The authors of the article have revealed the results of constructing a model for predicting borderline stress disorders of law enforcement officers. The obtained regression coefficients and the values of weighted odds ratios for each of the scales demonstrated that the variables “Dissimulation”, “Negativism”, “Distress and maladjustment”, “Indirect aggression” and “Symptom of hyperactivity” are the most significant indicators of personal qualities that predict the formation of borderline stress disorders of law enforcement officers – participants in the anti-terrorist operation; further significant are “The presence of features of post traumatic stress disorder”, “Resentment”, “Aggravation” and, finally, “Hostility”, “Physical aggression”, “Symptoms of invasion” and “Verbal aggression”. It has been substantiated that negativistic law enforcement officers with pronounced features of indirect aggressiveness to the environment, exaggerating the existing problems, with features of psychological maladjustment in the emotional sphere of personality are mostly exposed to the formation of borderline stress disorders. It is advisable to use this model for predicting borderline mental disorders during routine psycho-preventive examinations of law enforcement officers of the Ministry of Internal Affairs of Ukraine in the period between business trips to anti-terrorist operation zone.
Law and Safety, Volume 73, pp 37-42; doi:10.32631/pb.2019.2.05
Abstract:It has been stated that state policy in the field of construction should have a complete toolkit – a system of means for transferring decisions, tracking their implementation, adjusting plans and measures, attracting the necessary material and human resources, evaluating the implementation of the policy. There has been stated two views on the formation of methods: both methods of a separate branch of law (town planning or construction law) and methods in the field of urban planning with reference to the existing branch of law (administrative, economic, civil). It has been concluded that among the most studied methods of legal regulation inherent for different branches of law, one distinguishes imperative and dispositive methods. The imperative method is aimed at the emergence, alteration or termination of legal relations in the field of urban planning and is implemented by the system of public authorities through the enforcement which results in the issuance of a law enforcement act. Due to its provisions the subjects of these legal relations acquire specific legal rights and obligations. At the same time, the dispositive method is widely used by the subjects of administrative and legal relations in the field of urban planning. Besides, the author has focused attention on the widespread use in practice of: imperative, empowering, encouraging and recommending methods. It has been noted that there is no unambiguous position among scholars on the principles in the construction industry, in general, and the principles specific to the activities of the subjects of administrative legal relations in the field of urban planning, in particular. The author has defined the system of principles of the activity of the subjects of administrative and legal relations in the field of urban planning: a) general principles that determine the general provisions of the activity of public authorities and are based on the legal and organizational provisions of the Laws of Ukraine “On Central Executive Agencies”, “On Local Self-Government”, “On Local State Administrations”, “On Public Service”; b) special principles to be specified in building legislation.
Law and Safety, Volume 73, pp 48-52; doi:10.32631/pb.2019.2.07
Abstract:In the article, on the basis of analysis of norms of the current legislation of Ukraine and scientific views of scientists, ways of improving administrative procedures and organizational principles of professional training of police officers in Ukraine are worked out. It is emphasized that the problem of improving vocational training has long ago become a strategic benchmark for the development of the state’s labor sector at the national level as a whole and in the field of police in particular. This is clearly demonstrated by the legislative provisions of different legal acts, each of which outlines specific aspects of the development of administrative procedures and organizational principles of police training in Ukraine. It is emphasized that, first of all, the improvement of the professional training of police officers in Ukraine should be due to the improvement of the legal framework. It is necessary to create a single legal act that would, firstly, consolidate the notion of vocational training, secondly, define its levels and types, and the mechanism of their implementation, thirdly, clearly establish the subjects of vocational training and their competence. This act should be an amendment to the Law of Ukraine “On the National Police” and replace a large number of by-laws existing today. It is substantiated that the professional training of police officers in the future should be “diminished”, since the existence of four of its varieties does not correspond to current international trends, and has no expected effect. It is most appropriate to take foreign experience as the basis in this perspective. According to him, vocational training should be cyclical, step-by-step, that is, the police officer should receive initial professional training in obtaining the basic directions of fulfillment of the duties assigned to him and, as he passes the service, improve his qualification and educational level through special courses, training and training in institutions of higher education for the purpose of obtaining relevant educational degrees.
Law and Safety, Volume 73, pp 94-100; doi:10.32631/pb.2019.2.15
Abstract:The study of the peculiarities of the structural and dynamic characteristics of the value and content sphere of the anomalous personality remains within the scope of actual psychological problems. The purpose of this study is to analyze the peculiarities of value orientations that represent the intimate and personal sphere, in the ideal representation, within conscious and unconscious aspects, as well as to analyze the place of the intimate and personal sphere in the structure of the assessment of reality in persons with specific personality disorders, who committed illegal actions. The authors have studied 100 individuals with personality abnormalities and unlawful behavior. The control group consisted of 50 individuals without personality abnormalities who did not commit offenses and would refer to the main group according to socio-demographic indicators. To obtain results that reflect the system of attitudes of studied individuals to leading values in their own assessment factors, reflecting the leading bases of classification of the validity of these individuals, the authors used J. Kelly’s Test Repertoire of Role Constructs. Subjects’ perceptions of the ideal hierarchy of terminal values were researched using the rank grid as a variant of J. Kelly’s Test Repertoire. To evaluate the systems of conscious values, the authors used E. B. Fantalova’s technique of “Correlation of “value” and “accessibility” in different spheres of life”. Unconscious aspects of attitudes towards these values were studied using the Color Test of the Attitudes of A. M. Etkind. Rank structures were obtained which allowed to distinguish the comparative features of the ideal, conscious and unconscious aspects of the attitude towards values of intimate and personal relations of anomalous persons in comparison with the control group. The data obtained demonstrated that the system of attitude towards the values of the intimate and personal sphere in the control group, was more harmonious and formed than in the main group, with an overall high assessment of the values of the intimate and personal orientation. It is demonstrated that defined structural and dynamic characteristics of the value sphere of anomalous individuals indirectly determine personal disharmony. These differences are at the root of the motivational and contentious conflict associated with the intimate and personal relationships of the anomalous individuals. This internal conflict of psychopathic personality causes the failure of its self-realization in this sphere of vital activity. It is emphasized that psycho-corrective work with anomalous personalities should be directed to harmonization, increase of structure and awareness of their own system of value orientations, in particular values, which represent the intimate and personal sphere.
Law and Safety, Volume 73, pp 82-86; doi:10.32631/pb.2019.2.13
Abstract:Considering the fact that the verification of evidence remains poorly researched criminal procedural phenomenon and the expert’s opinion is an important mean of establishing the circumstances of criminal proceedings, the purpose of this study is to distinguish and analyze the methods of verifying the expert’s opinion within criminal procedure of Ukraine. The author has supported the provision that the expert’s opinion has no pre-established force, therefore has to be verified and evaluated. The author has analyzed the Criminal Procedural Code of Ukraine, as well as the court practice. As the result of the study, the author has provided, for the first time, all methods of verifying the expert’s opinion available to an investigator, a prosecutor, a suspect, an accused (defendant), the person, who is the subject of compulsory measures of medical or educational character application, their defenders and legal representatives, a victim, his representative and legal representative, the civil plaintiff, his representative and legal representative, a civil defendant and his representative, a representative of the legal entity who is the subject of the proceedings. The following methods of verifying the expert’s opinion within criminal procedure of Ukraine have been distinguished: analysis of adherence to the procedure of appointment of the examination and compliance of the expert’s opinion with the requirements of the criminal procedural legislation; comparison of the expert’s opinion with other evidence, including other experts’ opinions; summoning an expert for questioning to clarify his / her conclusion, when the expert is asked by the prosecution and the defense parties, by the victim, the civil plaintiff, the civil defendant, their representatives and legal representatives, the representative of a legal entity which is the subject of the proceedings, as well as the chairman and the judges, and expert’s answers for the questions; simultaneous questioning of two or more experts; the provision of information by the party of criminal proceedings relating to the expert’s knowledge, skills, qualifications, education and training; the appointment of a duplicative or additional examination, in particular by the court’s own initiative.
Law and Safety, Volume 73, pp 101-108; doi:10.32631/pb.2019.2.16
Abstract:This paper presents the results of an empirical study of the peculiarities of manifestations of emotional intelligence among police officers with different levels of communicative tolerance at the stage of primary vocational training. In this context, the actual model of emotional intelligence and its practical application need to be verified taking into account the specifics of police activity. Emotional intelligence is considered primarily as an integral feature of the personality of a policeman in the context of his professional communication in situations that are problematic. The emotional intelligence of the individual is represented in the article as a cognitive ability to perceive and analyze both their own and others’ emotional states and emotional manifestations; as well as the ability to correctly regulate and use them. Communicative tolerance, in turn, is one of the most important features of the police officer, which shows his attitude to people, the degree of tolerance to unpleasant or unacceptable, in his opinion, mental states, qualities and deeds. As a psychodiagnostic tool, the questionnaire “General communicative tolerance” (V. V. Boyko) and the “Emotional Intelligence” test (D. V. Lusin) were used. The sample consisted of 132 students of initial training of police officers. The results of the study indicate differences in the manifestations of emotional intelligence in students with different levels of communicative tolerance. It is empirically proven that emotional intelligence in situations of problematic communication acts as an integral personality of the police officer, which allows him to successfully recognize and interpret the emotions of both his own and the communication partner. The study of the level of emotional intelligence of the police at the stage of professional training will allow the psychological support service to better address the tasks of professional selection and psychological support for future policemen.
Law and Safety, Volume 73, pp 87-93; doi:10.32631/pb.2019.2.14
Abstract:One of the main elements of the forensic characteristics of murders committed by convicts in prisons is the modus operandi. It has been noted that the modus operandi and tools used in the commission of a crime are very important elements of the forensic characteristics of crimes. This is due to the fact that they are the main trace elements of the forensic characteristics of any crime and act as a “key” for the investigation of criminal offenses. Various views on the concept of “modus operandi” that exist in the forensic literature have been studied. It has been emphasized that the modus operandi of murders has the uniform structure that is inherent in all types of crimes, different from each other by the object of the attack. The author has supported the position of scholars in the forensic field, who offer to distinguish certain stages in the modus operandi (mechanism of criminal action); in particular, the following three stages have been distinguished in relation to murders committed by convicts in prisons: the preparatory stage, the stage of the murder, the stage of concealing the crime. At the same time the author understands the method of murder as the system of certain actions, methods, techniques used by the killer to achieve a criminal purpose. Thus, the method of murder involves three components: the method of preparation, the method of commission, and the method of concealing the crime. It has been emphasized that it is impossible to determine an exhaustive list of methods of preparing, committing and concealing murders by convicts in prisons, since each of the methods is individual and has its own specific features. The specificity of the methods is due to the specificity of the crime’s subject (convicted), the circumstances of the offense, the victim, the limited choice of tools. The choice of the method also depends on the criminal record of the offender.