Law and Safety
ISSN / EISSN : 17271584 / 26172933
Current Publisher: Kharkiv National University of Internal Affairs (10.32631)
Total articles ≅ 129
Latest articles in this journal
Law and Safety, Volume 76, pp 146-152; doi:10.32631/pb.2020.1.21
Peculiarities of international trade in medicinal products and equipment during the COVID-19 pandemic are considered. The purpose of the article is theoretical and methodological substantiation of the role of the WTO agreements within international trade in medicinal products and equipment during the COVID-19 pandemic, development of important priorities of international trade policy in this area. The methodological basis of the article is a set of general and special research methods. In particular, the shortcomings of international trade in medicinal products and equipment in 2020 were identified by using the logical and semantic method. The export of medical equipment and devices in 2020 is analyzed and the main problems that exist in this area are outlined. The WTO agreements regulating international trade in medicinal products and equipment are analyzed. It is stated that the WTO is an effective regulator of international trade and should take all measures to further provision of stable functioning of the system of international trade relations, liberalization of international trade, ensuring transparency of trade procedures and the abolition of trade restrictions. It is concluded that the COVID-19 pandemic stressed the strengthening of cooperation and efforts to reduce barriers to international trade. Global integration of all activities and international cooperation are important to overcome the impact of the COVID-19 virus on the health and economic. It is emphasized that aspects of the settlement of trade disputes related to the export of medical equipment and devices during the COVID-19 pandemic can be considered as a perspective area of further research.
Law and Safety, Volume 76, pp 67-73; doi:10.32631/pb.2020.1.09
The phenomenon of the state’s functions as the main directions of its activity for the fulfillment of tasks and the purpose of its existence in a specific period of development, their peculiarities and types have been studied. Based on the analysis of scientific works on the implementation of state policy in the sphere of economy and social and humanitarian sphere, the author has defined own definition of the functions of state policy in the sphere of economic security. In particular, the author has emphasized that they could be considered, first of all, as general directions of the state’s activity to create a stable economic security system, which includes a legal framework, a list of agencies authorized to implement regulatory requirements, a system of defined principles, forms and methods of implementation policies, etc; and, secondly, as separate groups of homogeneous actions of public administration subjects on the regulation, development and protection of social economic relations, ensuring the realization of socio-economic rights and freedoms of citizens, as well as creating conditions for further development and growth of the national economy. Based on the first approach, the regulatory, institutional, regulatory and law enforcement functions of public policy in the field of economic security should be distinguished. According to the second direction, the following functions can be considered: information-analytical, planning, organization, interaction and coordination, accounting and control. The obtained results are the integral part of the author’s scientific research on determining the administrative and legal foundations of the implementation of state policy in the sphere of economic security of Ukraine and can be used for carrying out other fundamental and applied scientific researches in the field of national security of the state.
Law and Safety, Volume 76, pp 89-94; doi:10.32631/pb.2020.1.12
The history of the origin and formation of service cynology in Ukraine has quite interesting aspects. First of all, at the time when the territory of modern Ukraine was part of the Russian Empire, and eventually the Soviet Union, the police service cynology was originated in Ukraine. Thus, the beginning of the XX century was marked by the activities of H. M. Rudyi, who being a part of the detective police in 1904 organized the breeding station and began to use dogs to search for criminals. Besides, H. M. Rudyi organized training of a cynologist O. Erhant, who was objectively considered the first certified cynologist in Ukraine, and who graduated training in Schwelm. Heorhii Mykhailovych also developed an Instruction for the officials of Kyiv Detective Police, which defined the procedure and methods of involving dogs in the fight against crime. Further development of service police cynology throughout the Empire took place with the support and admiration of V. I. Lebediev, an official from the Ministry of Internal Affairs of the Russian Empire, who contributed to the creation of the All-Russian Society for the Promotion of Dogs in Police and Guard Service, as well as certain associations within the Empire. The author of the article has also studied the historical stages of the development of cynology, which are offered to be divided according to the criteria of methods of using dogs, as well as new turning points in training. Thus, the next stage has offered to allocate the time, when the process of dog training began to be based on the results of research accomplished by I. P. Pavlov, who described the reflexes in general (conditioned and unconditioned); indicative reactions and their nature; stimuli and their types; types and principles of higher nervous activity of dogs; processes of inhibition and excitation; deviations in the activity of the dog’s brain. All this has increased the arsenal of human abilities in the process of preparing dogs for service. Particular attention has been paid to the fact that police cynology during the wars is somewhat re-profiled, but does not lose its relevance. Unfortunately, the development of cynology after the Second World War underwent significant regression due to the changes in public attitudes and the post-war situation, but this did not prevent further use and improvement of the use of dogs. The emphasis has been placed on the peculiarities of the next stage in the development of cynology, which is associated with the development of odor methods of selection and preservation of odors, as well as the emergence of dogs-detectors who are further used in odor examination. It has been also noted that the current stage of development of cynology is very diverse, i.e. service dogs are used in almost all areas of law enforcement activity.
Law and Safety, Volume 76, pp 153-151; doi:10.32631/pb.2020.1.22
The author of the article has presented results of a thorough analysis of international (A. Adler, E. Bern, R. Brasington, T. Keller, C. Toich, S.B. Karpman, K. Steiner, etc.) and domestic (K. O. Abulkhanova-Slavska, O. O. Bodalov, Ye. I. Holovakha, E. F. Zeier, Ye. O. Klimov, N. S. Priazhnikova, Ye. Yu. Priazhnikov, S. L. Rubinshtein, E. E. Symaniuk, etc.) approaches to consider specific features of professional development of individuals and formation of scenario tendencies for self-deployment within personal and professional fields. Based on the analysis of the works of the mentioned scholars the author has distinguished and substantiated the existence and has provided characteristics to five basic types of scenarios of professional genesis of investigators: rapidly growing (gradual increase of indicators of all basic psychological characteristics); growing (increase in indicators of one or two basic psychological characteristics); averaged (absence of changes in indicators of basic psychological characteristics, presence of average indicators of basic psychological characteristics); decreasing (decrease in indicators of one or two basic psychological characteristics) and rapidly decreasing (gradual decrease in indicators of all basic psychological characteristics). It has been stated that it is possible to distinguish within each of these scenarios, variants of the scenario depending on the level of manifestation of indicators of the basic psychological characteristics of professional genesis. The list of possible advantages and risks of the development of the scenarios of professional genesis of investigators has been determined. The advantages and risks are related to both external and internal factors. It has been emphasized that it is necessary to pay attention to the fact that the transition from one stage to another and from stage to stage within the stage can produce changes in their characteristics while analyzing scenario tendencies of the employees of investigative units. It has been noted that the study of professional genesis of investigators starting from the stage of conscious choice of the professional path up to the moment of dismissal from the National Police through the prism of scenario approach makes it possible to comprehensively analyze professional self-deployment of individuals through the analysis of the correlation and mutual interaction of indicators of the basic psychological characteristics and conditions of the professional environment within each of the stages.
Law and Safety, Volume 76, pp 32-38; doi:10.32631/pb.2020.1.04
The article is focused on studying the phenomenon of the administrative and legal status of the National Police as a subject of Ukrainian state policy implementation in human rights and freedoms. The author outlines the essence and content of the administrative and legal status of the National Police of Ukraine through the leading categories of "law" and "freedom", which are important for the democratic processes developing in Ukrainian society. The administrative and legal status of the National Police of Ukraine is considered as a set of characteristics and powers entrusted in the state legislation, a set of the following components: target – determined by the mission of the police to promote the state policy implementation in the fight against crime and peacekeeping, enforcement of rights, public and state interests; organizational – characterizes the structure of the National Police, consisting of a central police control facility, which consists of organizationally integrated structural units that ensure the implementation of the police tasks in human rights protection; competent – related to the definition of tasks, functions, rights, and duties, as well as the degree of responsibility of the law enforcement and its units and employees, determining the focus of their activities on the protection of the individual and the guarantee of the legitimacy of counteracting the state on the part of the person to protect their rights and freedoms. In practice, the implementation of the new administrative and legal status enables law enforcement to approve the law, enhance the communication and legal culture of police officers, overcome the traditional politicization and militarization of law enforcement by updating the organizing strategies of human rights activities, strengthen the state and professional discipline, make the police activities transparent, improve the control system and responsibility of police structures and professionals for malpractice.
Law and Safety, Volume 76, pp 172-178; doi:10.32631/pb.2020.1.25
The relevance of the issue under research is due to the fact that the investigation of certain types of crimes is not possible without studying documents that contain information that may constitute medical secrecy. That is why, the procedure for temporary access to documents containing information that may constitute medical secrecy should be provided at the legislative level in order to ensure their protection. While writing this research, the author has used a set of methods applied in legal science. With the help of comparative and legal, formal and legal methods, the author has analyzed provisions of the current legislation of Ukraine, which regulate the procedure for protecting medical secrecy and access to documents that may contain such information. The search and bibliographic method provided a search for literature sources on the issue under research, which provided the definition of access to information containing medical secrecy. The legal basis for the protection of information that may constitute medical secrecy has been clarified. Legislative provisions, which provide the peculiarities of access to documents containing information that may constitute medical secrecy, have been singled out and analyzed. It has been argued that the evidence collected in violation of the procedure of such a measure to ensure criminal proceedings is inadmissible, so can not be taken into account by the court in the future. Particular attention has been paid to the fact that the seizure of documents containing information that may constitute medical secrecy should be carried out only through the temporary access to them. In order to eliminate legislative gaps within the issue under research, it has been offered to make appropriate amendments and alterations to the current legislation.
Law and Safety, Volume 76, pp 118-122; doi:10.32631/pb.2020.1.17
Ukraine continues to work actively to combat domestic violence. The most serious crime that can be committed in this direction is murder, which was preceded by all kinds of domestic violence. There are innovations in criminal law aimed at protecting people from domestic violence. However, murders committed in connection with its use are not legally separated into a certain group of murders and have no qualifying features. In particular, there is no forensic characteristic of murders committed in connection with domestic violence. The purpose of the work is to define the concept, forensic characteristics of murders committed in connection with domestic violence, and its constituent elements. The general to partial method is used to establish the elements of the forensic characteristics of murders committed in connection with domestic violence. The forensic characteristics of all intentional homicides were taken as the basis. Besides, the author has carried out analysis of the main elements that assisted to distinguish these murders into a separate group, their mandatory features, namely family ties, the place of murder’s commission and the systematic use of domestic violence. Based on the analysis of scientific research, we have identified the concept of forensic characteristics of murders committed in connection with domestic violence, the constituent elements of the structure of forensic characteristics of such murders and their role in the investigation of criminal offenses.
Law and Safety, Volume 76, pp 95-100; doi:10.32631/pb.2020.1.13
The article is focused on defining the essence and content of legal settlement and tax amnesty. The main features and areas of applying legal settlement in various fields of law have been studied. The legal principles of reaching a legal settlement in civil, labor, tax and criminal procedural law have been studied. The author has suggested own definition of a legal settlement. The content of a legal settlement has been defined as the achievement of mutual concessions of the parties within the legal norms. The main features, procedure and grounds for tax amnesty have been determined. The author has provided specific measures that can be taken under the tax amnesty. The procedure for legalization of funds and release of the perpetrator of violations of tax legislation from legal liability under the tax amnesty has been highlighted. The author has presented conclusions of researchers who studied the practice of tax amnesty in different countries. The author has suggested own definition of tax amnesty.
Law and Safety, Volume 76, pp 46-52; doi:10.32631/pb.2020.1.06
It is emphasized that the aviation area is a high-tech sector of the economy of any state, the dynamic development of which requires streamlining national legislation in this area, expanding international cooperation, updating legal instruments used by public authorities in state regulation in the air transport area. In this regard, it is emphasized that the efficiency of the air transport area directly depends on the status of state regulation of aviation activities. As a result of the legislative understanding of the composition of air transport, it is concluded that air transport in this case is understood in a broad sense not only as a set of direct aircraft, but also as a holistic system, which also includes a set of objects for ensuring air transport functioning, air traffic control, etc. It is emphasized that such an interpretation of air transport is not entirely appropriate, as it significantly expands the understanding of this term. In this regard, the expediency of understanding air transport exclusively as a set of vehicles that are united only by their inherent characteristics (transportation in the airspace) is justified. And it is already expedient to single out the objects, the functioning of which has the providing (service) nature and creates conditions for the proper operation of the air transport itself. The significance of aviation and transport for Ukraine, which ensures its functioning, is revealed. It is argued that today it is important to ensure effective state support, for example, by updating the existing system of effective state preferences and incentives for planning and production of air transport. The specific features inherent in the field of air transport as an object of state regulation are formulated. It is established that the state, realizing the importance of state support for the planning and development of modern innovative high-tech air transport, takes appropriate steps in this direction; the specified steps are outlined. The peculiarities of the negative impact of the pandemiological situation in the world since the beginning of 2020 on the aviation area of Ukraine are characterized. It is concluded that the state needs to respond appropriately, i.e. to implement appropriate state regulation of the aviation area functioning during the pandemic, in particular in the implementation of air transportation in exceptional cases, the operation of airfields and airports in quarantine, aircraft parking in designated areas, standardization of issues, related to the return of passengers for canceled flights or their rebooking, providing state support to the aviation area in connection with the cessation of financial revenues from all market participants (including by allocating subsidies from the state budget, providing state aid to ensure minimal operation of airports and airfields, exemption of airlines from paying certain types of taxes for a certain period of time), etc.
Law and Safety, Volume 76, pp 19-25; doi:10.32631/pb.2020.1.02
Issues related to the assessment of the professionalism of police officers are inevitably intertwined with the increasing role of the moral foundations of their activities. The implementation of generally accepted rules of conduct, which are formed in the legal consciousness of the individual, reflects the level of his moral and legal thinking. In our context, the peculiarity of morality is that it is manifested not only in the content of the police, but also in the form of its implementation, playing the role of the most important factor in assessing the work of the police by society. Moral and psychological stability is considered as a determining factor of public confidence in the police. The author has singled out psychological structure of this characteristic, namely: motivational component, the indicators of which are a positive attitude to service, awareness of the importance of conscientious performance of official tasks and conscious desire to perform professional duties, belief in the value of moral norms and the need to subordinate own behavior; cognitive component, which includes knowledge of the legal basis of professional activity, ethical requirements of police officers’ behavior, the rules of use of physical force, special means and firearms; professional-personal component, which contains such professional moral and psychological qualities as professional honor, justice, decency, honesty, compassion and empathy, attitude to the rule of law, discipline, humanity, responsibility and a reflective component that characterizes the ability of a police officer to analyze phenomena of own consciousness and activity and assess the level of formation of moral and psychological stability, ability to effectively solve job problems. The reasons of the existing problems in realization of moral principles of professional activity of police officers are defined. The ways of formation of high moral and psychological stability of police officers, first of all, through departmental education are offered.