Bulletin of Kharkiv National University of Internal Affairs

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ISSN / EISSN : 1999-5717 / 2617-278X
Total articles ≅ 138
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A. S. Bakhaieva
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 88-96; https://doi.org/10.32631/v.2020.4.08

Abstract:
The problem of domestic violence is quite urgent in our country. Domestic violence is a heavy burden both for the victim and for society in the whole. Typically, the most vulnerable family members who suffer from domestic violence are women, children and the elderly, and the perpetrators are most often men. But a child can also commit domestic violence, as evidenced by the legal definition of the term of “a child- abuser”. However, this phenomenon is insufficiently studied and is rarely discussed by Ukrainian scholars. The purpose of this article is to study measures to combat domestic violence committed by children by analyzing the current legislation of Ukraine in the field of preventing and combating domestic violence and gender-based violence. The author has analyzed the definition of the term of “a child-abuser” enshrined in the law. On this basis it has been concluded that a child of any age can be an abuser. It has been established that children most often commit domestic violence in psychological, physical and economic forms. The emphasis has been placed on the inexpediency of bringing parents or persons replacing them to administrative liability under Part 3 of the Art. 184 of the Code of Ukraine on Administrative Offenses in cases, when their child, who has not reached the age of administrative liability, is the offender, and his victim is a father (mother) or a person who replaces them. The author has analyzed the algorithm of actions, according to which the police now act in case of detection of facts of domestic violence by a child under the age of sixteen. It has been found out that the legislation does not set the age from which such a special measure to combat domestic violence is allowed to be taken as an urgent prohibition, which is the basis for taking a child-abuser for preventive registration by juvenile prevention units. It has been noted that the settlement of this issue will allow us to make informed decisions on the registration or non-registration of a child-abuser who has not reached the age of sixteen and has committed domestic violence against parents, which will further affect the determination of the subject of individual prevention.
R. M. Balats
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 245-252; https://doi.org/10.32631/v.2020.4.23

Abstract:
The author has carried out a comparative analysis of the normative provisions of the legislation of Ukraine and some foreign countries on preventive activities, in particular the regulation of tasks to identify the causes and conditions that contributed to the crime during the pre-trial investigation. The annual increase in the number of criminal offenses indicates the need to introduce the institution of preventive activities of investigators and interrogators into the current Criminal Procedural Code of Ukraine. The scientific views of scholars have been studied and the own vision of the raised problems has been developed. The issue of the essence of identifying the causes and conditions that contributed to the commission of a criminal offense and its normative enshrinement in legislation at some historical stages of the development of our country and the world community has been studied. Based on the analysis of theoretical developments of scholars on criminal procedural legislation of Ukraine and the practice of pre-trial investigation and inquiry of some post-Soviet countries on issues related to the research topic, the author has placed emphasis on the significant shortcomings of legal regulation of preventive activities of investigators and interrogators during the pre-trial investigation. The author has presented own point of view on the preventive activities of investigators and interrogators during the pre-trial investigation as one of the main tasks of such an investigation, in particular to identify the causes and conditions that contributed to criminal offenses and take necessary and effective measures to eliminate them through the appropriate agencies and their chiefs, which is offered to be enshrined in the current Criminal Procedural Code of Ukraine and the departmental regulatory base.
H. I. Hlobenko
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 272-281; https://doi.org/10.32631/v.2020.4.26

Abstract:
The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution. The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition. Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.
I. V. Bryhadyr, I. V. Panova
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 49-58; https://doi.org/10.32631/v.2020.4.04

Abstract:
The role of legislation and state policy in minimizing the impact of threats to environmental safety in the field of automobile transport has been studied. The main directions of the development of state policy and legislation in the field of reducing the negative impact of motor vehicles on the environment and public health have been defined. The main problems of reducing the negative impact of motor vehicles on the environment and public health, as well as the development of state and legal mechanisms to overcome them have been determined. The main environmental problems faced by governments are the use of internal combustion engines and fuel quality indicators. Many EU countries are refusing to further impose more strict requirements on the operation of motor fuel engines, instead introducing mechanisms to completely abandon such vehicle propulsion systems. However, such a refusal raises another problem of greening of road transport – the problem of electrification of transport, in the process of which it is necessary to solve the problems of transport energy and disposal of used batteries of electric vehicles. The authors have emphasized on inexpediency that to be limited in the long run only to mechanisms for setting more strict emission requirements for cars. The authors have indicated the need for a comprehensive approach to solving environmental problems to prevent the emergence of new significant difficulties – the accumulation of used batteries of electric cars, the depletion of non-renewable resources for their manufacture, etc. It has been offered to join Ukraine to the pan-European initiative of electrification of road transport, to develop the state program for the transformation of the motor transport industry with clear deadlines for the introduction of restrictions on the use of internal combustion engines, to introduce mechanisms to financially stimulate the transition from internal combustion engines to electric combustion engines.
V. V. Chumak
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 235-244; https://doi.org/10.32631/v.2020.4.22

Abstract:
The author of the article studies international experience of the organization and activities of forensic institutions on the example of such countries as Germany, France, the Netherlands, Czech Republic and the United Kingdom. The legislative features of the functioning of forensic institutions and the regulation of the legal status of experts are noted. It is determined that regardless of the departmental subordination of forensic institutions, their activities are based on international standards. The author has identified a scientific novelty, which consists in the further development of the provisions obtained by scientists and scholars on the organizational structure and practical activities of forensic institutions both in Ukraine and abroad, as well as the formulation of new conceptual provisions, conclusions and propositions for improving regulation of forensic activity in Ukraine. The author of the article proves that the organization and activities of forensic institutions in France are based on national and international law regulating the specifics of forensic examinations and the legal status of the expert. The author concludes that forensic activities in Germany, France, Spain, the Netherlands and the United Kingdom are carried out effectively, and its legal regulation takes place without violation of human rights and freedoms in compliance with international rules and standards. Their legislation, which addresses the organization and operation of forensic institutions, is aimed at respecting the rights and freedoms of a man and citizen, protection of the rights and interests of forensic experts. The author of the article defines that the implementation of international norms and standards of organization and activity of forensic institutions brings expert institutions to a new level of functioning. This makes it possible to create an effective mechanism for the management and operation of forensic institutions and experts, which will determine the high requirements for forensic examination, increase the professional level and efficiency of employees of expert institutions, which can meet the needs of modern justice.
Sklyar О. S. Sklyar, T. V. Shevchenko
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 185-192; https://doi.org/10.32631/v.2020.4.17

Abstract:
The level of normative provision of personal safety of the employees of the National Police of Ukraine has been clarified. The normative base of the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine in regard to ensuring the personal safety of a police officer has been analyzed. It has been established that the normative level stipulates a norm on ensuring the personal safety of police officers in the performance of their official duties, but the legislator does not provide an explanation of the essence of the concept of personal safety. The lack of the definition of this concept in regulatory acts gives rise to a number of discussions among scholars in various fields of research. The most successful definitions of the concepts of security and personal safety of law enforcement officers have been consistently studied. In accordance with the Law of Ukraine “On the National Police” and in order to ensure the personal safety of police officers and to prevent the death, injury and trauma of them and others during the handling of weapons, the Minister of Internal Affairs of Ukraine approved the Instruction on security measures when handling weapons, which is only a part of the official activities of police agencies (institutions, organizations) and does not reveal the essence of the content of personal safety. It has been offered to regulate the high level of performance of police duties by police officers, i.e. to supplement the Law of Ukraine “On the National Police” or the relevant bylaws with the definition of “personal safety of police officers”, which can help to address theoretical and practical issues on developing concrete measures to increase the personal safety of police officers and to stop discussions on understanding this concept.
O. V. Shevchenko
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 15-26; https://doi.org/10.32631/v.2020.4.01

Abstract:
The need to create an effective mechanism to ensure the implementation of language policy by our state has been increased at the present stage of the development of Ukraine and its legal system. It, on the one hand, will ensure the revival and spread of the Ukrainian language, and on the other will allow the development of national minority languages in accordance with the European Charter for Regional or Minority Languages (1992), the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992), the UN Resolution on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1995), The Oslo Recommendations on the Language Rights of National Minorities (1998) and other existing international legal acts. Historical experience can significantly help the successful implementation of measures aimed at improving the effectiveness of domestic legislation in this area. It will allow us not to repeat the mistakes of the past and take into account and use the positive developments. Unfortunately, domestic practice demonstrates a clear lack of attention to the study and use of such experience. The purpose of the article is a comprehensive historical and legal analysis of the processes of legal consolidation and implementation of the language policy of the Russian Empire on the Ukrainian lands in the XIX – early XX centuries. In accordance with the purpose, the following tasks have been formulated: to consider how the imperial language policy has evolved, aimed at narrowing the scope of using the language of the Ukrainian people for assimilation, to emphasize the role and significance of the legal component in these processes that was expressed in the legislation and law-enforcement activity of the relevant state authorities. Scientific novelty is manifested in the fact that this article is one of the first scientific works, where the problems of legal consolidation of Russification language policy on the Ukrainian lands during the past and the beginning of the last centuries are studied according to the latest methodological positions, based on a comprehensive analysis of existing scientific literature, regulatory and law-enforcement acts, as well as other historical and legal sources. The author of the article has emphasized that the tsar pursued a policy of incessant formal and legal restrictions on the Ukrainian language during this period. It has been claimed that during the 60-80s of the XIX century there was the legislative consolidation of that policy. The author has determined the purpose of the imperial government – to limit the scope of use of the Ukrainian language in order to prevent it from becoming a key element in the creation of Ukrainian identity.
Z. I. Knysh
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 130-139; https://doi.org/10.32631/v.2020.4.12

Abstract:
The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner. The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state. It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights. The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.
D. S. Podkopai
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 79-87; https://doi.org/10.32631/v.2020.4.07

Abstract:
The author of the article, based on the analysis of scientific views of scholars and current legislation, considers the problem of unity and differentiation of internal labor regulations. It is established that the unity of internal labor regulations is that the requirements for the organization of the labor process are applied to all employees regardless of (a) form of ownership and management, type of activity and industry affiliation of enterprises, institutions or organizations, (b) type and form of employment contract, (c) circumstances that characterize the identity of the employee and the work performed by him, etc. Differentiation of internal labor regulations is objectively due to the development of social organization of labor, the division of labor in industries, varying degrees of mechanization, the presence of harmful and dangerous working conditions, involving employees who need special protection from harmful factors (women, minors, disabled, etc.). Different categories of employees have different opportunities, work in different conditions, and therefore one of the tasks of labor law in the organization of the labor process is to adapt the general rules to these different categories of employees to ensure the compliance with the principle of equality of rights and responsibilities. Differentiation improves the process of legal regulation, increases its efficiency contributing to the coverage of heterogeneous relations and penetration into their essence. Just as the unity of internal labor regulations cannot exist without differentiation, so the differentiation of such regulations loses its meaning without its unity. These two categories cannot be opposed, because differentiation promotes unity, and unity creates the conditions for differentiation in the regulation of the labor process. This approach is important for building the system of labor law, the correct application of labor legislation and determining the perspectives for its development. In order to ensure the appropriate level of labor discipline, rational use of working time, improving the quality and productivity of labor by creating the necessary conditions for normal high-performance work, conscious and conscientious performance of their duties, employees must develop and approve sectoral internal regulations; and if for the public sector of the economy they should be given the status of mandatory, then for the non-state sector they should be exemplary.
V. S. Tarasenko
Bulletin of Kharkiv National University of Internal Affairs, Volume 91, pp 202-212; https://doi.org/10.32631/v.2020.4.19

Abstract:
As a result of the conducted scientific research the range of executive agencies in the field of scientific, scientific and technical activity in Ukraine has been established. The latter are not individually represented in the mechanism of the state apparatus. Nowadays they include: the Cabinet of Ministers of Ukraine, the Ministry of Education and Science of Ukraine, the Ministry of Strategic Industries of Ukraine, the Ministry of Energy of Ukraine, the Ministry of Economic Development, Trade and Agriculture of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Protecting Environment and Natural Resources of Ukraine, the Ministry of Infrastructure of Ukraine, the Ministry of Health of Ukraine, the Ministry of Justice of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea and local state administrations. It has been established that the latter are represented at all levels of executive power: higher, central and local. Some of them are agencies of general competence, while others are sectoral. Most of them are presented in the form of single-governing agencies; some are presented in the form of collegial ones. It has been additionally determined that the executive authorities in the field of scientific, scientific and technical activities in Ukraine are part of the group of governing agencies of social development and culture. The author has offered own classification of executive agencies in the field of scientific, scientific and technical activity in Ukraine depending on whether the function of management of the field of science and technology is basic or optional for them. According to this criterion, the Ministry of Education and Science of Ukraine is assigned to the first category, all others – to the second group.
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