Bulletin of Kharkiv National University of Internal Affairs

Changes in the policy of the MIA of the USR SSR regarding the Ukrainian national liberation movement in march-june 1953

2024-04-18T23:45:49+03:00

The article examines the evolution of the policy of the Ministry of Internal Affairs of Ukraine headed by P. Ya. Meshyk regarding the Ukrainian national liberation movement in March-June 1953. This historical period was chosen by the author because after the death of the long-term leader of the USSR, Y. Stalin, certain changes in the international and domestic policy of the state began to take place, known in historical literature as the “Beria thaw”. During this period, the struggle against the OUN–UPA took on slightly different forms and methods. She became less cruel and brutal, less senseless, although this did not change her essence. As before, the goal of this struggle remained the elimination of the anti-Soviet underground, but it began to be done in a more sophisticated way. In the very first directive of the new minister, it was about canceling some Chekist-military operations, that is, about reducing their number and streamlining their organization. Some measures were taken regarding the new Ukrainianization of higher education institutions in Lviv. As of the beginning of 1953, only 114 of the 527 subjects taught at the Lviv Higher Secondary School were taught in Ukrainian. The situation was the same with the national composition of teachers at educational institutions. In the management of 12 higher educational institutions of Lviv, there was not a single director from among the local intelligentsia. Out of 45 deans of faculties, one is local, out of 286 heads of departments, 38 are local. Out of a total of 1,721 professors and teachers of 12 universities, only 327 were from the local intelligentsia. As a result of the armed confrontation with the OUN in the western regions of Ukraine in the period from 1944 to 1953, 153,259 people were killed, 103,003 people were arrested, 65,895 families, a total of 203,737 people, were evicted from the western regions of the Ukrainian SSR as “bandit aids”. P. Meshik managed to stay in the position of Minister of Internal Affairs for only three months, and many of his plans, which were, to a certain extent, reformist in nature, were not destined to be implemented.

Development of Ukrainian statehood and authorities of Carpathian Ukraine

2024-04-16T14:19:57+03:00

The features and prerequisites for the declaration of Carpathian Ukraine’s independence are studied, and the process of establishing state authorities under the leadership of Augustine Voloshyn is traced. The focus is placed on the difficult foreign and internal political situation of the newly created Ukrainian state, and the reasons that prompted the government of Carpathian Ukraine to abandon the development of democratic values, on the basis of which the young state was to develop, are identified.

The development of the state and legal status of Zakarpattia from the period of demands for autonomy for the region to the stage of creation of an independent, self-governing state is shown in general terms. The influence of external factors on the process of state formation in Zakarpattia before the Second World War is studied, the role of Carpathian Ukraine in the development of the national statehood is analysed.

Particular attention is paid to highlighting the historical and legal significance of the development of Carpathian-Ukrainian statehood, in particular, its impact on the actualisation of all-Ukrainian issues in international relations.

The activities of Carpathian Ukraine's government and the process of forming its state authorities, which, in turn, went through a peculiar evolution that began when Czech Parliament adopted the Constitutional Law on 22 November 1938, which introduced a federal system for the state of Czechs, Slovaks and Ukrainians of Zakarpattia, and finished in March 1939, when Carpathian Ukraine became an independent state, are demonstrated. It is emphasised that the declaration of the Act of Independence of Carpathian Ukraine on 15 March 1939 strengthened the liberation ideas, inspiring the struggle for the independence of Ukrainians in all ethnic areas and creating the necessary international preconditions for the reunification of the region with other Ukrainian territories in the future.

The essence and purpose of the social state in the context of the legal experience of modern Ukraine: theoretical and legal analysis

2024-04-16T14:19:57+03:00

The concept of the social state is one of the elements of the constitutional identity of Ukraine. In the context of the Constitution of Ukraine, the social state is endowed with a number of important legal features and characteristics that can be distinguished on the basis of a systematic analysis of constitutional norms, where the concept of the social state is directly mentioned. This concept is included among the fundamental legal characteristics of the Ukrainian state and, at the same time, among the defining characteristics of the Ukrainian constitutional system. It is presented in the Constitution of Ukraine in an extremely generalized form, without specifying the manifestations of the social state, its features, functions, tasks, etc. The characteristics of the Ukrainian state as a social state cannot be changed in any other way than by amending the Constitution of Ukraine in a particularly complicated constitutional procedure. Any changes in the constitutional and legislative organization of state power or in its implementation should not take place if they are inconsistent with the legal nature of Ukraine as a social state, or directly or indirectly contradict the essence and purpose of the social state as such.

The characteristic of the Ukrainian state as a social one is used in the constitutional text as independent, separate, self-sufficient next to other similar, but not identical in the legal sense, characteristics of the same state, such as “democratic” and “legal”. At the same time, the concept of a social state cannot be identified with the concepts of a democratic or legal state, nor can it be defined through them, through their signs, features, and manifestations. The simultaneous application in relation to Ukraine of its constitutional definition as a social state and, next to it, as a democratic and legal state leads to the presence of complex relationships between these characteristics, where each of them acts as an independent manifestation of the current and prospective state existence of Ukraine, but at the same time, all these manifestations have a constitutional and legal character and reflect a certain section of the essence of this state.

It should be emphasized that there is an essential connection between the existence of the social state and the functional purpose of the Constitution of Ukraine: the latter, as follows from its preamble, is aimed, in particular, at the development and strengthening of the social state in Ukraine. The concept of the development and strengthening of the social state indicates the constitutionally defined context of its dynamic existence: the existing model of the social state, being a constant and defining legal characteristic of the state of Ukraine, is nevertheless not stable in the constitutional sense, it needs its development and strengthening, first, in the interests of the Ukrainian people, secondly, in a direction that should not lead to distortion of the essence and purpose of the social state, distortion or emasculation of its essence and purpose, thirdly, such development and strengthening should take place within the framework defined by the Constitution of Ukraine.

Improving Ukraine’s progress in achieving the UN Sustainable Development Goals

2024-04-16T14:19:58+03:00

The research is devoted to the formulation of a simplified list of requirements for higher education institutions put forward by leading rating agencies for inclusion in international rankings of activities in the framework of sustainable development. Compliance with the relevant requirements for the activities and regulatory framework of higher education institutions creates conditions for increasing the number of Ukrainian institutions in international rankings, improving the position of existing higher education institutions, as well as for improving the image of our country in the international arena, attracting investment and increasing the efficiency of recovery (reconstruction), strengthening Ukraine as a state governed by the rule of law, protecting the environment, and developing the economy. In addition, a fragmentary historical overview of the modern content of the concept of “sustainable development” and the Ukrainian regulatory framework for the Sustainable Development Goals is presented.

Despite the great attention of the global and Ukrainian scientific community to the activities of higher education institutions in the context of sustainable development, many studies are general in nature, detailing such activities and their specifics in the context of one or more of the UN Sustainable Development Goals, or are fragmentary. Moreover, there is no clear, coherent, simplified list of the necessary requirements for the activities and regulatory framework of higher education institutions that would meet the criteria of good practice at various levels. The impact of sustainable development activities of universities on the growth of the state's image in the international arena and the attraction of additional allocations for economic reconstruction, as well as on strengthening the rule of law, requires more detailed research.

The recommendations for higher education institutions contribute to: restoration of ecology and prevention of environmental crimes and offences; creation of conditions for social security and a “safe society” environment, increase of employees’ motivation on the basis of fair remuneration, ensuring rights and freedoms; improvement and qualitative impact on the development of social relations as a result of cooperation of higher education institutions with authorities (local, regional, national), local residents, business, volunteers, as well as international enterprises; attracting investment, including foreign investment, based on quality management, fair cooperation, environmental culture, compliance with the law, including international law; sustainable development of communities and economic relations based on the previous points; strengthening the institution of the Ombudsman, improving the international image of Ukraine in terms of respect for rights and freedoms, business opportunities, including investment.

Universality of human rights: general theoretical characteristics

2024-04-16T14:19:58+03:00

The article examines the general theoretical characteristics of universal human rights. It is noted that human rights are an integral part of human dignity, they define the essence of humanity, and represent the limits of state power in relation to the individual. It is emphasised that today there is no single approach to substantiating the theory of human rights.

The article emphasises that every person is endowed with universal, inalienable and inalienable rights, which are called human rights. It is established that the universality of human rights is clearly enshrined and recognised in numerous international legislative acts. The author emphasises that the universal nature of human rights and freedoms enshrined in the Universal Declaration of Human Rights is beyond doubt. A number of approaches to the understanding of human rights are investigated. It is determined that the universality and full observance of human rights is an ongoing process that requires constant attention and global cooperation.

It is noted that human rights are an integral part of human dignity; they are the fundamental principles which define the essence of humanity and apply to every individual. These rights are conditioned by the universal principles of justice and dignity, which must be protected and guaranteed by the State.

The author establishes that universal rights are inalienable, since a person cannot be deprived of them without violating the basic principles of justice. These rights create the limits of state power, emphasising that the state must protect and respect the rights of every individual. In essence, human rights cover a wide range of aspects, such as the right to life, liberty and security of the person, freedom of thought and expression, the right to education, work and an adequate standard of living. These rights are the basis for the development of a just and humane society. It is noted that human rights are universal and inalienable in any cultural or geographical context. Ensuring their respect and observance is the responsibility of both the individual state and the international community. Violations of human rights not only violate the basic principles of justice, but can also lead to serious social and political consequences.

Naturalisation as a factor of migrants' inclusion in the socio-political processes of the host country

2024-04-16T14:19:58+03:00

Naturalisation provides not only access to the full range of rights and opportunities that are due to citizens, but also contributes to the formation of a sense of belonging to the host country, which is an important factor in social cohesion. In the globalisation context, migration processes are of particular importance, as the growing number of migrants in many countries necessitates their effective integration. Naturalisation is one of the mechanisms that facilitates the involvement of migrants in the political life of the country, giving them the right to vote and the opportunity to participate in the formation of public policy. The article focuses on the challenges and obstacles that migrants may face during the naturalisation process, including legal barriers, cultural and linguistic differences. Overcoming these challenges is important to facilitate the full integration of migrants into society.

Based on an analysis of different naturalisation models, the paper examines how different countries approach the process of migrant inclusion. For example, some countries offer simplified naturalisation procedures for certain categories of migrants, while others require longer residence and demonstration of language and cultural proficiency. It is emphasised that naturalisation is a key factor in ensuring the harmonious integration of migrants into the socio-political structures of the host country. This not only contributes to economic growth and social stability, but also paves the way for a more inclusive and multicultural society.

The importance of naturalisation for the political inclusion of migrants also lies in the strengthening of democratic institutions. Migrants who are naturalised as citizens have the opportunity to influence political decisions and elections, which contributes to the representation of diverse groups in political processes. This, in turn, leads to fairer and more balanced governance that takes into account the interests of all segments of society, including migrants. In addition, naturalisation promotes social cohesion, as migrants who become full citizens often feel more responsible for the welfare of the host country. This can stimulate greater volunteer and civic engagement, which is important for the development of a strong and cohesive society. The naturalisation process also has economic benefits.

Abuse of parental rights: general characteristics, forms, and types

2024-04-16T14:19:58+03:00

The article is dedicated to the author’s perspective on the scientific and legislative resolution of the issue of abuse of parental rights. Special attention is given to the exploration of scientific approaches, national legislation, and judicial practice regarding the definition and use of the term “abuse of parental rights”.

The main viewpoints of scholars on the definition of the concept of “abuse of parental rights” are examined. The conclusion is drawn that each scholar reveals the legal nature and characteristics of this legal phenomenon from a specific angle.

It is noted that Ukrainian legislation lacks the definition of “abuse of parental rights”, a clear list of parental rights, and the responsibility of parents for causing harm to the child while exercising their rights.

The author formulates their own definition of “abuse of parental rights” as the use of parental rights for a selfish purpose to the detriment of the child.

Considering the diversity of opinions on the forms and types of abuse of parental rights, a classification is proposed based on criteria such as the list of parental rights in legislation, the content of family relations, and the form of the family.

In order to protect the rights and interests of children from the abuse of parental rights, the author suggests enshrining in the Family Code of Ukraine, as well as establishing corresponding sanctions for such unlawful behavior. Depending on the nature and consequences of such behavior for the child, the author proposes to determine the level of responsibility.

Concrete proposals for amending current legislation are developed. Specifically, changes are suggested to Ukrainian legislative acts such as the Family Code of Ukraine, the Code of Ukraine on Administrative Offenses, and the Criminal Code of Ukraine to establish legal responsibility for parental abuse of rights.

Legal principles of countermeasures against violations of customs rules by the State Customs Service of Ukraine

2024-04-16T21:27:15+03:00

The article emphasizes that Ukraine really has a carefully developed system of legal acts aimed at preventing and countering violations of customs rules. This includes constitutional norms, international agreements and domestic legislation aimed at ensuring effective customs activities and combating illegal customs activities.

It is noted that administrative and legal regulation has an important place in the system of combating violations of customs rules. The use of administrative and legal means allows to effectively respond to violations of customs regulations, promoting compliance with the established rules and ensuring the appropriate level of responsibility.

It is emphasised that, taking into account changes in modern conditions of trade and economy, it is important to update and improve legislation in the field of customs affairs constantly in order to ensure an effective and fair system of customs control.

It is determined that ensuring openness and availability of information about customs rules and procedures is a key aspect of effective customs control. High transparency contributes not only to compliance with the rules, but also builds trust in the activities of customs authorities.

Attention is focused on the fact that effective administrative and legal regulation should be aimed not only at punishing violators, but also at protecting the rights and interests of law-abiding subjects of foreign economic activity. Ensuring their legal protection is an important element of a stable business environment.

At the same time, it should be noted that in order to comply with customs regulations successfully, it is important to provide employees of the State Customs Service with the appropriate knowledge and skills. Continuous professional development of personnel is a guarantee of effective functioning of the specified customs body.

Problematic issues of the legal regulation of local self-government officials’ remuneration

2024-04-16T21:29:04+03:00

The article draws attention to the fact that the current legislation on local self-government and service in local self-government bodies contains a number of problematic issues in terms of regulation of remuneration of officials. It is emphasized that this significantly reduces the effectiveness and reliability of material and financial guarantees for persons performing the tasks and functions of local self-government in positions in its bodies. Due to the low level of regulatory and legal control, the institution of salary does not fully perform the functions it is supposed to perform.

The article examines the essential content and role of wages in a modern democratic, legal state, which in its functioning and development relies on the tools and levers of the market economy, as well as civil society institutions. The author presents scientific positions on the content of the concept and functional purpose of wages, as well as its characteristic properties as a legal category. The author analyses the opinions and proposals for eliminating the shortcomings of the organisational and legal framework for material and financial remuneration of public servants of local self-government bodies.

It is emphasised that Ukraine has the Law “On Service in Local Self-Government Bodies”, which is intended to change the approaches to the regulation of remuneration of municipal officials significantly, but it has not entered into force and may remain in this state for a long time. In addition, it should be noted that this legal act also has certain gaps in terms of regulating the remuneration of the public servants under study.

Taking into account the positions of researchers, as well as the upcoming update of the legislation on service in local self-government bodies, some steps are proposed to improve and develop remuneration of local self-government officials. The author emphasises the need to revise the scheme of official salaries and improve approaches to bonuses for local self-government officials. Emphasis is placed on the importance of improving the effectiveness of mechanisms and tools for stimulating and encouraging the work and service activities of municipal officials.

Administrative legal relations with the participation of the State Bureau of Investigation

2024-04-16T21:32:23+03:00

The essence, characteristics, and types of administrative legal relations involving the State Bureau of Investigations have been identified. Additionally, suggestions and recommendations for improving the legal foundations of these relations have been formulated.

A comprehensive description of administrative legal relations that stand out from the broader array due to specific aspects of their emergence, participants (subjects), and content has been provided. This encompasses the nature and various types of subjective rights and obligations that manifest within these relations. It is emphasized that these relations occupy a distinct sphere of formation and evolution, specifically within the realm of public administration.

Concerning the interplay between subjects of public administration and subjects of administrative legal relations, it is underscored that public administration is exclusively outwardly focused, with internal organizational relations within certain bodies not falling under its purview. On the other hand, administrative legal relations encompass internal organizational dynamics (intra-system, intra-administrative) within any state entity. These relations are recognized as a distinct component within the subject matter of administrative law.

It is emphasized that the leading place among the subjects of administrative legal relations is occupied by public authorities, which, according to the law, include the State Bureau of Investigation. At the same time, these bodies have a rather different administrative and legal status, since their participation in public administration varies significantly.

Attention is drawn to the problem of the existence of state bodies which are not attributed to any of the branches of power, and their number is growing, currently there are about fifteen of them, including the State Bureau of Investigation. The article concludes that the bodies outside the branches of power defined by the Constitution of Ukraine are not structurally part of these branches, although this does not mean that they do not participate in the exercise of public authority.

The types of administrative legal relations which may arise in the State Bureau of Investigation have been identified and characterised. It is emphasised that these are mainly intra-organisational relations within these bodies, since their purpose is to counteract crimes committed by law enforcement officers, judges and senior civil servants, i.e. their external activities are generally not managerial and are not regulated by administrative and legal provisions.

Legal measures to ensure fair distribution of income for sustainable development of Ukraine

2024-04-16T21:37:30+03:00

The article examines the relationship between income distribution and the socio-economic development of the state. It is established that traditional methods of income distribution do not provide for sustainable development and do not correspond to the Constitution of Ukraine, which declares Ukraine a social state. The main regulator of income distribution is the Tax Code. Unfortunately, the current Tax Code of Ukraine does not at all provide for a fair redistribution of income and does not stimulate investment in the production sectors, but encourages the creation of various corruption schemes for evasion and avoidance of taxation, which includes a large-scale shadow economy, illegal export of capital, contraband imports and exports. The article proposes legal methods for overcoming all problems and ensuring accelerated development. To achieve these goals, legislation should contain an comprehensive list of price components. The fair market value (price) is equal to the total added value of the product or service, VAT charged on it and total depreciation at all stages of production and distribution. Added value is the sum of the company's factor incomes: wages and profits. The amount of actually paid taxes from the labor and profit fund determines the actually created added value, on which VAT is calculated, which is paid directly to the Budget at each stage of the movement of goods/services to the final consumer. The amount of added value, VAT and depreciation determines the increase in the market value of goods/services at each stage of production and distribution and corresponds to the amount of taxes, contributions and fees paid precisely by law. The distribution of income in society is determined on the basis of the European Social Charter (revised) and is ensured by the introduction of progressive tax rates on the incomes of individuals and the profits of enterprises. The income tax rate should be determined by the direction of use of profits, and the rate of distributed profit on dividends should be equal to the personal income tax rates. The zero rate does not apply to taxation of dividends.

Review of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the legal regime of martial law

2024-04-16T21:42:09+03:00

The article examines the peculiarities of the law enforcement practice of courts of appeals when reviewing decisions in cases on appeals in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the conditions of the legal regime of martial law in Ukraine. Attention is drawn to the quality of argumentation of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the conditions of the legal regime of martial law in Ukraine. Special attention is paid to the conditions of use and exercise of the right to freedom of peaceful assembly. The issue of forming a unified legal position regarding the application of positive law norms to regulate the use and exercise of the right to freedom of peaceful assembly under the conditions of the legal regime of martial law is being investigated. The specifics of the argumentation of decisions made by appeal courts in cases of administrative offenses are analyzed, in particular the specifics of the exercise of the right to freedom of peaceful assembly under the conditions of the legal regime of martial law and the influence of such a legal regime on the application of administrative responsibility for violating the order of organizing and holding meetings, rallies, street marches and demonstrations.

Attention is drawn to the fact that the peculiarities of the legal regime are not reflected in the decisions of appeal courts, although such a legal regime significantly affects the use and exercise of the right to freedom of peaceful assembly. A separate issue is the specifics of the use by courts of appeal of the legal positions formulated in the decisions of the Supreme Court regarding the treatment of individual pieces of evidence and their sources. Based on the conducted research, the appellate courts, first of all, in order to determine the grounds for the application of administrative responsibility, find out exactly the composition of the administrative offense, while the conditions for the use and exercise of the right to freedom of peaceful assembly, the introduced administrative rules regulating the use and exercise of the right to freedom of peaceful assembly remain out of courts consideration. No less important is the lack of motivation in distinguishing the right to freedom of peaceful assembly, administrative liability for violation of the use and exercise of this right from other constitutional rights, which significantly affects the application of administrative liability.

It has been proven that the formation of a legal position by courts based on the principles of the rule of law, observance of human rights and freedoms guarantees a positive assessment and perception of such decisions by the individual and society, will indicate trust in the judicial branch of government, and most importantly – will contribute to the effective regulation of social relations with the help of legal norms.

Corruption criminal offences: concept and classification

2024-04-16T21:45:17+03:00

The article highlights modern scientific approaches to the definition of the concept and classification of corruption criminal offences, as well as their general characteristics. The emphasis is placed on the unresolved issue of distinguishing between the signs of corruption and the signs of a corruption offence. The original author's position is expressed that corruption offences are endowed with corruption features which allow distinguishing them from other criminal offences and subjecting them to grouping. The position that corruption criminal offences are characterised by the general features of all criminal offences provided for by the Criminal Code of Ukraine without exception has been supported, along with which specific features should be distinguished, i.e. those which characterise only the category of corruption criminal offences. In particular, they include: abuse of office; presence of a mandatory object – an unlawful benefit; special subject, which is an official of public or private law, regardless of the legal form and form of ownership, as well as a person providing public services; presence of only a deliberate form of guilt, namely direct intent; special purpose of committing a socially dangerous act. Corruption criminal offences are also classified on the basis of the generic object of the criminal offence: corruption criminal offences against property, in the field of economic activity, against public security, in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, against the authority of state authorities, local self-government bodies and associations of citizens, in the field of official activity and professional activity related to the provision of public services, against the established procedure for military service.

It has been concluded that despite the absence of a statutory definition of the concept of corruption criminal offences in the current legislation of Ukraine, the criminal law doctrine is quite successful in filling this gap. At present, the definition of this concept, the list of both general criminal and special features have been formulated, and a fairly detailed classification of these features has been provided. In this regard, the emphasis is placed on the prospects for further research, in particular, in terms of investigation of corruption criminal offences, and establishment of the specifics of application of measures to ensure criminal proceedings in criminal proceedings under this category of criminal offences.

Methods of forensic examination of Nalbuphine

2024-04-16T21:47:11+03:00

The article discusses the peculiarities of forensic examination of nalbuphine hydrochloride, a prescription medicine that can be purchased without a prescription in many pharmacies. At present, in Ukraine, nalbuphine is not subject to subject-quantitative accounting in healthcare facilities and by pharmaceutical manufacturers, but in some countries it is included in the list of narcotic drugs. It is emphasised that nalbuphine hydrochloride is a synthetic opioid analgesic, which is chemically similar to morphine and phenanthrene. In terms of pharmacological action, it belongs to the group of opioid receptor agonists-antagonists (pentazocine, buprenorphine, butorphanol).

The article provides a brief overview of the effectiveness of nalbuphine for pain relief in various cases, as well as examples of abuse of opioids in combination preparations and facts of non-medical use of nalbuphine. The effectiveness of opioids as painkillers is undeniable, but today, given the risk/benefit ratio, the expediency of their long-term use is questionable. There are more and more recommendations to avoid the use of opioids. Nalbuphine in combination with other psychotropic substances, medicines and in large doses is life-threatening, so it is proposed to further study and control it more deeply at the state level by amending the Resolution of the Cabinet of Ministers of Ukraine “On Approval of the List of Narcotic Drugs, Psychotropic Substances and Precursors” of 6 May 2000 No. 770, in particular, to classify nalbuphine as a narcotic drug.

The article analyses the peculiarities of sampling and sample preparation, the main stages of chemical research of this potentially dangerous opioid using thin-layer chromatography, infrared spectroscopy, gas chromatography with a mass-selective detector. It is emphasised that the experimental data presented in the article will help in choosing the most appropriate methods and conditions for the study of nalbuphine, and will allow an objective assessment of the results of expert research.

Problems of the conceptual and terminological apparatus of the procedure for initiating forensic examination in criminal proceedings

2024-04-16T21:49:27+03:00

The article is devoted to the formulation of a stable conceptual and terminological apparatus of the procedure for initiating a forensic examination in criminal proceedings. The provisions of the current criminal procedural legislation regarding the procedures for initiating forensic examinations have been analyzed. It has been found that the specified procedures have at least nine different legally established names, which contradicts the requirements of the principle of legal certainty and may lead to confusion in practice.

The artocle argues that the term “conducting an expertise” should refer exclusively to a forensic examination within the meaning of Art. 1 of the Law of Ukraine “On Forensic Expertise” and does not include the activity of the subjects of evidence regarding the initiation of such an examination or evaluation of the conclusion based on its results. The content of the wordings “appointment of expertise” and “order of expertise” has been considered in detail. It is emphasized that the first of them should be applied to the cases of initiation of the examination by the prosecution, the investigating judge and the court, while the second – to the procedures of initiation of the forensic examination by other entities on a contractual basis. The incorrectness of the wordings “engagement of an expert”, “assignment (for) conducting an examination” is indicated due to the traditional use of the words “engage” and “assign” in criminal proceedings in a different context. It is proposed to bring the provisions of the Criminal Procedure Code of Ukraine on the initiation of forensic examinations into a single system of concepts, and to bring other legal acts into compliance with the specified Code.

Features of classification and examination of butter and spreads

2024-04-16T21:53:28+03:00

Spreads are modern fat products whose production technology allows for a wide range of products with predefined properties. Having a similar texture and composition to natural butter, spreads contain more essential polyunsaturated fatty acids, and therefore exceed it in nutritional value. During the customs commodity expertise, it is important to identify the fatty product in order to provide reliable information to the consumer.

For the customs identification of butter and spreads, the following differences may be taken into account: composition and origin, fat content and processing, emulsifiers and additional ingredients, low temperature hardness, purpose and use, labelling and packaging. The main identification tasks in the commodity expertise of these products are: product composition, detection of impurities, organoleptic characteristics, texture and consistency, chemical analysis, comparison with standards, determination of product origin. By performing these identification tasks, the expertise helps to ensure the quality and safety of products on the market and protects consumer rights.

The article deals with the aspects of conducting a forensic commodity examination of butter and spreads, identifies certain aspects of falsification of the goods “butter” and “spread”, their identification and peculiarities of classification in the Ukrainian Classification of Goods for Foreign Economic Activity. The stages of forensic commodity examination of butter and spreads have been provided. General recommendations on the commodity assessment of the quality of these products for consumers and expert organisations have been identified.

Typical investigative situations in the initial phase of a war-related sexual violence investigation

2024-04-16T22:34:33+03:00

A comparative analysis of scientific provisions regarding the phasing of the pretrial investigation process and the content of the concept of “investigative situation” has been conducted. The essence and meaning of the specified scientific abstraction has been revealed.

Investigative situations at the initial stage of investigation of sexual violence committed in wartime are typified by the information component depending on the determinism of the social relationship between the rapist and the victim at the time of the criminal intent, which correlates with the forensic qualification of these crimes. These include: 1) criminal proceedings have been initiated against a specific person who has committed a crime, provided for in Art. 153 of the Criminal Code of Ukraine (in 76 % of the summarized materials of criminal proceedings); 2) criminal proceedings have been opened for the fact of sexual violence, as the perpetrator has not been identified (in 24 % of cases).

A number of tasks that need to be solved by the pre-trial investigation body in order to obtain sufficient grounds for making a reasonable procedural decision determining the proper limits of the investigation have been identified. Algorithms of corresponding actions have been developed, which are reflected in a procedural form through the prism of the intellectual activity of an official, in particular, an inspection of the scene of the incident, questioning of the victim or witnesses, taking biological samples of a person, appointing forensic experts, taking measures to ensure criminal proceedings in the form of temporary access to things and documents for the purpose of extracting photo or video material in digital form, using OSINT technologies to identify the rapist through social networks Instagram, Facebook, VK, etc., conducting covert investigative (search) actions and operational-search activities in order to establish the location the suspect, etc.

Peculiarities of the classification of raw-smoked sausages during forensic commodity examination

2024-04-16T22:40:26+03:00

The main identification tasks of commodity examination of raw-smoked sausages are establishing their authenticity, determining compliance with safety and quality standards. To achieve these tasks, forensic experts conduct a number of studies and determinations, which include determining the composition of the product, determining the composition, quality and quantity of components, determining compliance with quality standards, as well as determining the content of atypical impurities and impurities. Carrying out these identification tasks, the examination allows to ensure the quality and safety of the product and forms the protection of consumer rights. Defects in raw-smoked sausages can occur for a variety of reasons and are usually the result of deficiencies in production, storage, or transportation.

The scientific article outlines the methodological features of conducting a forensic commodity examination of raw-smoked sausages, analyzes the theoretical and practical problems of the commodity research of raw-smoked sausages, defines the commodity aspects of raw-smoked sausages and their defects, systematizes information data on the algorithm for conducting a forensic commodity examination of raw-smoked sausages in order to check for the presence of characteristic defects. The stages of conducting a forensic commodity examination of raw smoked sausages are listed. Recommendations for quality assessment of raw-smoked sausages for expert organizations and consumers are offered. Prospective instrumental methods of examination of raw smoked sausages are defined, in particular spectral analysis, chromatographic methods, mass spectrometry, microscopy, thermal analysis; the main microbiological procedures that can be used during the examination of raw-smoked sausages are described; characteristic defects of raw-smoked sausages are summarized, including those that indicate its low quality or may be a sign of spoilage; describes the general sequence of actions that occur during the examination of this product.

Forensic classification of narcotic drugs

2024-04-16T22:42:10+03:00

The development of means and methods for preventing and combating drug-related crime depends on an understanding of trends in the illicit drug market. This requires the use of a forensic classification of the relevant substances. Currently, there are significant gaps in this issue due to the use of different approaches to its construction, which causes difficulties in conducting scientific research and in practical activities aimed at solving and investigating criminal offences.

The article proposes the author’s own approach to the forensic classification of narcotic drugs and psychotropic substances, which consists in their division depending on the legal status, source of origin and method of manufacture, nature of their effect on the human body, form of manufacture and morphological characteristics. According to their legal status, drugs should be divided into those whose circulation is prohibited; those whose circulation is restricted; temporarily not prohibited especially dangerous drugs; and precursors. They are identified by their official and chemical names. Depending on the source of origin, vegetable and synthetic drugs are distinguished, and taking into account the method of manufacture as an additional criterion, substances of vegetable origin should be divided into natural and semi-synthetic. In these groups, it is important to use generic names that describe the source of the drug, systematising natural and semi-synthetic drugs depending on the natural source of the main substance (alkaloid), and synthetic drugs – on the corresponding chemical compound.

The classification of drugs by other criteria is somewhat arbitrary, as certain substances may have different properties. Therefore, for forensic purposes, the most common features in the respective groups are sufficient. Psychostimulants, narcotic analgesics, depressants and hallucinogens are distinguished by the nature of their effects on the body; pharmaceutical drugs with narcotic effects and street drugs are distinguished by the form of manufacture; plants, mushrooms, pills, capsules, powders and crystals, liquids, etc. are distinguished by morphological characteristics; and drugs intended for smoking, inhalation, oral administration, injection are distinguished by the method of use.

Creating a model of threats to Ukraine’s national critical infrastructure as a basis for ensuring its security and resilience

2024-04-16T22:45:14+03:00

The article presents the current problems of protecting Ukraine’s critical infrastructure, current threats to its security and the need to organise proper counteraction under martial law. Threats to critical infrastructure include factors that can actually or potentially harm the stability of its operation, functionality, integrity, resilience or lead to its destruction.

The purpose of the article is to create an up-to-date threat model that formalises the likely impacts on Ukraine’s critical infrastructure, which will improve the effectiveness of its protection. The scientific novelty of the article is that it examines the actual needs and problematic issues of forming a modern model of threats to critical infrastructure, primarily in the context of the ongoing full-scale military aggression of the russian federation against Ukraine.

Creating a threat model is defined for critical infrastructure as a necessity to ensure effective protection of its facilities. The formation of a basic threat model for critical infrastructure facilities, which should include related models of the facility, situation and intruder, is currently an important element of the algorithm for solving this problem.

The basic model of threats to critical infrastructure is the framework on which the state determines who and what it needs to protect itself from at the national level. However, Ukrainian legislation currently does not provide for the need to develop a model of threats to the national critical infrastructure, which negatively affects the state of its security and resilience.

The perspective measures that will contribute to both the stable functioning of critical infrastructure facilities and ensure their proper protection are outlined: enshrining in Ukrainian legislation the need to develop a model of threats to critical infrastructure, adopting regulations on standardisation of risk management processes for critical infrastructure in order to prevent threats, and more.

Digitization of military records in Ukraine: legal problems and ways to solve them

2024-04-16T22:47:42+03:00

The article is devoted to a scientific study of the practice of maintaining military records of conscripts, persons liable for military service and reservists in Ukraine and identifying the main practical problems of processing conscripts’ data in electronic form, including under martial law. The main goal of the article is to establish certain problems of maintaining the Unified State Register of conscripts, persons liable for military service and reservists and ways to solve them. The methodology of the research is based on the method of system analysis, comparative and special legal methods.

Based on the research, the author improves the scientific views on the legal understanding of the introduction of digitalisation of military registration as a form of fulfilment by Ukrainian citizens their constitutional duty to protect the Motherland and military service. The legal shortcomings of organising and maintaining military records in digital form are pointed out, and the ways of solving the identified problems are proposed.

The following conclusions have been drawn from the study. The need to implement the concept of the “State in a smartphone” has been pointed out not only to serve citizens in terms of providing them with services or reporting violations committed by them. The whole range of actions related to state records and registers, including military ones, should be implemented using modern means of state work with citizens. It has been proposed to establish the priority of information entered in the Unified State Register of Conscripts, Persons Liable for Military Service and Reservists over information held by the bodies that maintain the register, provided that such information is entered later or received automatically from other state registers. The need to amend the laws of Ukraine “On Military Duty and Military Service” and “On the Unified State Register of Persons Liable for Military Service, Conscripts and Reservists” has been scientifically substantiated. The need to develop a software and hardware complex for the functioning of the “Electronic Office of the Defender” and legal regulation of its work has been emphasized.

The obtained results of the study can be used in the development of changes in the legislation of Ukraine and the improvement of law enforcement practices in the field of military accounting in Ukraine.

Compliance with the rules of military registration as the implementation of military duty by citizens of Ukraine

2024-04-16T22:49:17+03:00

The article is devoted to a scientific study of the organisation of military registration of conscripts, persons liable for military service and reservists, which is carried out by military authorities in the context of citizens' duty to defend the Motherland. The main purpose of the article is to identify certain problems of military registration and ways of their solution through administrative and legal regulation of the activities of the bodies entrusted with the task of organising and maintaining personal and high-quality registration of conscripts, persons liable for military service and reservists.

Using the method of systemic analysis, the structure and basic requirements of legal institutions that regulate relations that arise in the process of military service by citizens have been investigated. The special legal method made it possible to reveal the content and procedure for fulfilling citizens’ obligations to comply with the rules of military registration. Using the general scientific methods of analysis, synthesis and analogy, the basic requirements for conscripts have been investigated and proposals for improving the legislation in the field of military accounting have been presented.

The scientific novelty of the article is set out in the conclusions and consists in improving the scientific views on the legal nature of the concept of “military duty” enshrined in the Law of Ukraine “On Military Duty and Military Service”, which should be considered a logical continuation of the development in legislation of the constitutional duty to defend the Motherland and perform military service and consists in the imperatively established obligation of a person to take active steps to prepare for military service, perform military service and comply with the rules of military registration. A number of amendments and additions to the current legislation on military registration in Ukraine have been scientifically substantiated and proposed.

The findings of the study can be used to develop amendments to the legislation of Ukraine and improve law enforcement practice in the field of military registration in Ukraine.

Current issues of normative regulation of combating illegal arms trafficking in Ukraine

2024-04-16T22:51:48+03:00

The publication outlines the current state of the criminogenic situation in the field of illicit trafficking in firearms, ammunition and explosives. The content of legislative initiatives to expand the scope of criminal law prohibition by establishing liability for theft, misappropriation, extortion, carrying, storage, acquisition, transfer or sale of firearms components, as well as to increase liability for illegal acquisition, transfer or sale of firearms, ammunition, explosives or explosive devices in martial law or a state of emergency is analysed. Proposals have been developed to improve regulations on the circulation of firearms, ammunition and explosives.

In particular, it is stated that the current criminal legislation and normative legal acts of the Ministry of Internal Affairs of Ukraine need significant improvement in terms of: 1) defining the concept of “component part of a firearm” or “constructive part of a firearm” and establishing responsibility for their illegal circulation; 2) bringing to a unified interpretation and understanding of the terms “explosive devices”, “explosive substances”, “explosive materials”, delineating the normative grounds for their application and demarcation; 3) development of a unified approach to subject classification and understanding of the legal regime of hand grenades, mines, ammunition for grenade launchers; 4) establishment of the legal regime of trophy weapons, which is relevant in the conditions of martial law and the conduct of hostilities on the territory of our state; 5) determination of the following qualifying signs of committing criminal offenses in the field of illegal arms trafficking: committing a crime under the conditions of the legal regime of martial law, committing a crime by an organized criminal group, etc.

Main threats to the state’s interests in the sphere of information security of Ukraine

2024-04-16T14:20:01+03:00

The article emphasises that in the context of the significant impact of information on society, one of the main threats faced by modern states is information.

It is noted that the phenomenon of the State interests embodies the interconnection of public interests and the specifics of their implementation by public authorities established at the regulatory, legal, organisational and administrative levels, taking into account the economic, social, political, diplomatic, security and information foundations of the State's vital activity.

For the purpose of more comprehensive understanding of the main threats to the interests of the state in the field of information security of Ukraine, the following threats are identified: the use of information influence to distort political opinion and attitudes of the population to certain phenomena, processes, public authorities, political forces and individuals; imperfect regulatory and legal support for the information security of the state; deliberate distortion of information at the level of state leaders and diplomatic representatives and their negative impact on the opinion of the international community; insufficient participation of the Ukrainian population in countering information attacks; insufficient institutional and organisational support for information security education and the formation of an information security culture in society.

In order to eliminate the above threats, it is proposed to: develop a comprehensive legal act on the principles of information security of Ukraine, which would consolidate real and potential threats to information security, the foundations of the State policy in the field of information security, in particular under martial law, which would facilitate further development of this area, consistency of certain by-laws and regulations that partially regulate this area and lay down a strategic vision of its development; use the potential of modern information technologies in the process of disseminating information about real problems and needs at the grassroots level; convey to the international community the real, not artificially formed, moods and ideas of the population regarding certain problems related to patriotism and loyalty to the state; introduce information security education, which allows equipping the population with a set of necessary knowledge about the basics of critical thinking, information hygiene and media security; In order to eliminate the above threats, it is proposed to: develop a culture of information security by developing national strategies that would cover a set of educational, ideological, cultural activities, as well as different categories of the population, for example, developing a system of professional development for public servants, teaching certain disciplines for students of higher education institutions and holding classes, competitions, tournaments for students of general secondary education institutions.

Application of the reconnaissance technique using camouflage and statutory uniforms in the operation of a UAV

2024-04-16T23:26:23+03:00

The article considers the problematic issues caused by the current circumstances, when the country is in a special legal regime of martial law and the importance and relevance of using an unmanned aerial vehicle (UAV) for reconnaissance of objects by the police on the ground are extremely high. The article analyses the effectiveness of different types of camouflage in countering reconnaissance using UAVs in different terrain; the optimal camera angle and the optimal flight altitude of UAVs for effective counteraction to the camouflage properties of the respective camouflage in different terrain are determined. Not only military camouflage, but also police uniforms are considered, which expands the scope of UAVs and makes the study more comprehensive. The study of the reconnaissance methodology using UAVs will allow the police to adapt quickly and effectively to new circumstances, as well as help optimise the performance of their combat missions. The effectiveness of the methodology of object reconnaissance on the ground in real scenarios is evaluated. Recommendations for improving the conduct of such operations as monitoring of mass disorders, rapid response to hazards, factors, etc. are provided. In developing the methodology for determining the optimal distance, the psychophysiological aspects of UAV operators are taken into account for the first time and the determination of optimal distances for effective detection and identification of objects is proposed.

Operation of police equipment on duty under martial law

2024-04-16T23:28:10+03:00

The article examines the problematic issues of operation of police equipment during the service of ensuring public security and order under the legal regime of martial law, shows the current state of modern research on the topic, and outlines the main problems faced by police officers when operating equipment. The publications on this topic are reviewed, and the regulatory framework of the MIA of Ukraine on the analysed issue is also studied.

Based on the analysis of police uniforms and a survey of police practitioners, a list of equipment most often used by police officers during service has been compiled, taking into account the peculiarities of service under martial law and the experience gained in 2022–2023. Additionally, the weight characteristics of the specified sets of equipment for police officers was developed and presented regarding their equipment before and after the introduction of martial law.

The research has concluded that the lack of regulations and standards for equipment complicates the work of police officers, who have to use it without specific instructions. Police officers are forced to use their own experience and information available on the Internet, which can have a negative impact on their safety. Improper placement or incorrect use of equipment can endanger the life and health of police officers. Wearing the equipment incorrectly can lead to physical problems such as discomfort, restricted movement, overheating and poor ventilation, which can increase the risk of injury and strain. This can have a negative impact on the physical and psychological health of police officers and their work performance.

Individual profiles of psychological suitability for police service (according to the results of the individual typological questionnaire)

2024-04-16T23:32:06+03:00

The individual psychological profiles of police officers, obtained through a long-term study using the adapted Ukrainian-language psychodiagnostic methodology “Individual Typological Questionnaire” by L. Sobchyk, have been studied and analysed. The presented results contain a description of different types of individual personality profiles, which are characterised as favourable, less favourable and unfavourable for the service activity in the National Police of Ukraine depending on typological features, specificity of leading tendencies, thinking and communication properties, type of reaction to stress, etc. These typical psychological profiles include fifteen variants, the study of which will help the psychologists of the National Police psychological support units to formulate scientifically sound forecasts of the success of the candidates for police officers during the psychological stage of professional selection, as well as to help police officers in conducting competitions for vacant positions, carrying out the certification procedure, etc.

The developed individual psychological profiles include both adaptive variants, which provide for high and medium levels of psychological fitness for service, and several variants of maladaptive psychological profiles, which correspond to a low level of psychological fitness of a police officer that is undesirable for performing official functions. The high level is inherent in employees with balanced tendencies, mainly stoic, leadership, sociable profile types, which are characterised by extraversion, general activity, optimism, moderate aggressiveness, positive self-esteem, determination, tendency to self-realisation, defending one’s interests, dominance and self-assertion. The low level of fitness is accompanied by signs of individualistic, conflict, schizoid or infantile profiles, which are characterised by a high probability of certain variants of maladjustment (hysteretic, neurasthenic, depressive, etc.) in difficult conditions of service, and is also recorded in individuals with exceeding the limits of the questionnaire scales. The presented classification of profiles will help practical psychologists to monitor and identify in advance the possible emergence of negative psychological states and trends, signs of professional deformation or emotional burnout among police officers, and to provide, if necessary, the necessary psychological assistance and advice on individual and professional development of police officers.