Bulletin of Kharkiv National University of Internal Affairs

Legal regulations of service order in the USSR militia in the 20s of the 20th century

S. V. Vasyliev — Mon, 30 Sep 2024 00:00:00 +0300

The scientific paper is devoted to the problems of legal regulations of service in the USSR militia in the 20s of the 20th century. Legislative and by-laws adopted by the authorities of the Ukrainian SSR during the period under study were used. Some archival documents containing orders of the militia authorities regulating the service were introduced into scientific circulation.

During the study period the distinct aspects of service in the Ukrainian SSR militia were identified. It was determined that in the 1920s, educational, political, and health criteria were established for Ukrainian SSR militia service candidates. The procedure for promotion and conditions of service career were established by the Rules of Service in the militia, which were approved by the NKVD of the USSR.

The working hours and dismissal conditions of militia officers were regulated by departmental by-laws of the NKVD of the USSR and the collective agreement based on labor legislation. Attention was paid to the 1926 Regulation on the Militia, which stated the application of labor law standards to militia officers with specific exceptions outlined in the legislative act.

It was determined that legal protection for militia officers during their duties was governed by the Criminal Codes of 1922 and 1927, along with the norms of the Administrative Code of 1927.

The researcher believes that the 1926 Militia Regulation's provisions, which extended labor law norms to militia officers, are beneficial for updating the current legislation governing police service. It is suggested to consider the possibility of legal regulations of police service based on labor law norms with certain exceptions provided for in the legislation.

The main aspects of militia reorganisation in the early 1960s

V. A. Grechenko — Mon, 30 Sep 2024 00:00:00 +0300

The article highlights the main directions of militia transformation after the 1962 reorganisation of the republican Ministry of Internal Affairs of the USSR into the republican Ministry of Public Order Protection of the USSR. This transformation was not a simple change of name of this institution and its local bodies. This transformation was in line with the political and ideological views of the then leadership of the state. In fact, it was a change in the concept of law enforcement. According to the leaders of the state, in the context of the “widespread construction of communism”, the main task of the militia was to protect public order with the support of the active part of the population. It was unreasonably believed that crime in the country would steadily decrease, so the scope of militia activities in this area would be less than before. It also envisaged a weakening of the punitive function of the state, less use of violence, and an emphasis on raising the cultural level of militia officers and the population. At the same time, the role of the militia in conducting preliminary investigations was increased, which indicated that the functions of the militia in combating crime were somewhat expanded. The main tasks of the Ministry of Public Order of the Ukrainian SSR are revealed: ensuring public order, preventing and solving crimes. The article shows how the following main methods of improving the work of the militia were implemented: strengthening control over the lives of militia officers outside of working hours; holding cultural and sports events, political agitation and propaganda; and individual training activities. The sphere of activity of the State Automobile Inspection was clarified and specified, which had a generally positive impact on improving road safety. Certain steps towards democratisation of the militia taken at this time did not mean that the Communist Party’s control over this body was weakened. The legal regulation of law enforcement activities remained, as before, entirely within the purview of the Communist Party and its local representatives.

Women’s rights in Ukrainian territories according to Lithuanian statutes and customary law in the 16th century – the first half of the 17th century: a comparative analysis

N. M. Demydenko — Mon, 30 Sep 2024 00:00:00 +0300

The article analyses the rights of women in the Ukrainian territories in the 16th – first half of the 17th century according to the Lithuanian statutes and customary law. The influence of the Orthodox Church on the marriage life of this period is highlighted, in particular, the attention is focused on the different views of the church and the community on marriage and divorce.

According to the article, women’s personal and property rights were regulated by both certain legal provisions and customary law. In particular, on the basis of Lithuanian statutes, women enjoyed judicial protection, had rights in civil law relations when signing contracts and compensation for damages on an equal footing with men. The author emphasised that only those articles of the Lithuanian statutes that did not contradict the rules of customary law were implemented in practice. Customary law, transmitting the moral experience of generations, continued to have a decisive influence on the exercise of property rights and women’s rights in marriage until the end of the seventeenth century, when women's rights were fully protected.

It is stated that from the second half of the seventeenth century, after the loss of autonomy by the Hetmanate, a period of restriction of property, family and social rights of women begins. The standard of spousal behaviour became the Domostroy, according to the provisions of which the parity between a man and a woman was completely cancelled. The wife's behaviour was clearly regulated, and in case of non-compliance with the proposed regulations, she was punished by both her husband and the church, which was completely contrary to both the Lithuanian statutes and Ukrainian customary law.

It is emphasised that in developing effective mechanisms for ensuring women's rights in modern Ukrainian society, it is necessary to refer to the successful experience of observing women's equality in the sixteenth and first half of the seventeenth centuries, when the autonomy and independence of Ukrainian women became their main national features.

Recognition of inheritance as escheated

V. A. Kroitor — Mon, 30 Sep 2024 00:00:00 +0300

The features of recognition of inheritance as escheated are determined. The author analyses the peculiarities of interest construction in the system of legal relations of inheritance escheat. It is determined that the institution of inheritance escheat is aimed at satisfying the public interest in maintaining the stability of property relations in society. The property (economic) interest in acquiring ownership of inherited property is derived from the main public interest. By its legal nature, an escheated inheritance is a legal succession. The author emphasises that the procedure for transferring escheated property to municipal ownership is established in local acts of local self-government bodies which have a procedural nature regarding the acquisition of municipal ownership of escheated property.

It is argued that depending on the type of real estate object, it is advisable to determine the legal regime of escheated property, in particular, land and residential real estate. It is proved that the construction of interest in the system of legal relations of escheatment of inheritance is complex and combines public (social) and economic (property) interest. The public (social) interest is to preserve the stability of property relations in society. The economic (property) interest has a public and private orientation, in particular, it satisfies the interest of the territorial community as both the acquirer of the property right and the creditor to satisfy the testator’s obligations at the expense of the deceased property. At the same time, a public entity assumes the burden of the testator’s obligations sometimes not in its own interests, but in order to ensure the stability of property relations in society.

The improvement of civil legislation on the possibility of a territorial community to waive the obligation to file an application to the court for recognition of inheritance as escheated in case of destruction of real estate or its significant damage in view of martial law is proposed.

Problems of applying incentives in civil law

Yu. I. Chalyi — Mon, 30 Sep 2024 00:00:00 +0300

The article notes that incentives are rarely used in civil law due to both objective and subjective reasons. The objective reason is the peculiarities of the law-regulatory methodology of civil law itself, but they are not an obstacle to the use of incentives in civil law. The specifics of the civil law methodology only determine a certain secondary importance of incentives as legal means of regulating civil relations, but do not exclude the possibility and necessity of their application in general. The subjective reasons are the lack of sufficiently developed general provisions in the civil law doctrine and the lack of provisions of similar content in civil law. Elimination of the latter two subjective obstacles will in the future allow intensifying the use of incentives in the self-regulation of civil relations. Based on the principles of freedom of contract and freedom of unilateral transactions, civil law subjects are free to choose the methods of regulating their relations. This freedom also applies to their choice of incentives as legal means of regulating their individual relations. Increased use of incentives in civil law should be expected primarily in self-regulatory relations.

The advantage of using incentives, as compared to the methods of ensuring proper performance of obligations (pledge, surety, retention, etc.), as well as measures of civil liability or other legal consequences, is that incentives are positive sanctions by their nature, i.e. a reward for making maximum efforts to achieve a certain legal result by the subject. This circumstance allows the parties to contractual legal relations to strengthen their ties and create an atmosphere of trust rather than suspicion. This is especially important for contractual relations in the business sector, where the duration of economic and legal relations is one of the determining factors of business success. The use of methods to ensure the proper fulfilment of contractual obligations, and even more so, measures of liability or other legal consequences for breach of obligations, generates negative tension or even leads to the termination of business relations.

Observance of the labour rights of persons who have been deprived of their personal liberty as a result of armed aggression

Yu. F. Ivanov, M. V. Ivanova — Mon, 30 Sep 2024 00:00:00 +0300

Based on the monitoring of the Ukrainian Parliament Commissioner for Human Rights, the article reveals the state of observance of labour rights of civilian hostages. The article identifies problematic issues that obstruct the realisation of these rights of persons who have been deprived of their personal liberty as a result of armed aggression. It is noted that the Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits the taking of hostages. Failure to comply with the principles of international humanitarian law by representatives of the Russian Federation leads to the inability to ensure the protection of civilian hostages in accordance with international norms due to the unresolved nature of this issue. The Russian Federation, despite international norms, keeps such persons in captivity, does not notify them of their detention, does not provide them with the appropriate status, as a result of which the detained person cannot appeal against his or her detention, has no opportunity to report it.

According to international standards, victims of enforced disappearances have the right to compensation from the state, which provides them with the maximum possible rehabilitation. It is noted that the protection of the constitutional rights of civilian hostages is provided for by the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established”.

In addition, it is noted that civilian hostages have the right to keep their jobs, but the law does not provide for the payment of wages. The article establishes that it is impossible to properly exercise the labour rights of employees who have become civilian hostages guaranteed by the Constitution of Ukraine. The emphasis is placed on the legislative gaps that do not allow civilian hostages to exercise the guaranteed right to credit their insurance period. The article provides for the crediting of insurance periods to civilian hostages, which affects social guarantees and, subsequently, the level of pension provision. Due to the uncertainty of the payer of the unified social contribution, such credit is not given for persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine has been established. Deprivation of personal liberty is the basis for postponement or extension of annual leave and is also included in the length of service that gives the right to annual basic leave. Civilian hostages are additionally entitled to a one-time voucher to maintain their competitiveness in the labour market through retraining, specialisation, advanced training, and education in professions and specialities for priority economic activities. It is found that the problem of civilian hostages is closely related to the problem of missing persons. It is proved that there is a need to expand the labour rights of civilian hostages by guaranteeing the payment of wages.

Legal provision for the rights of persons who receive rehabilitation assistance

O. A. Ivakhnenko, A. M. Glushchenko, O. V. Novykov — Mon, 30 Sep 2024 00:00:00 +0300

The research is devoted to the problems of legal provision of the rights of persons who receive rehabilitation assistance. The author examines the norms of international and national legislation that enshrine the rights of citizens in the field of healthcare. The works of scholars who have examined the peculiarities of exercising certain patients’ rights are studied.

The article describes the legislative acts regulating the rights of a patient in a rehabilitation institution in Ukraine. It is indicated that certain patient rights are enshrined in the Civil Code of Ukraine and the Fundamentals of Healthcare Legislation. Special rights of the patients of rehabilitation institutions are provided for by the Laws of Ukraine “On Rehabilitation in the Healthcare Sector” and “On Rehabilitation of Persons with Disabilities in Ukraine”.

The classification of patient's rights into socio-economic, legal, informational, ethical and those related to ensuring the quality of rehabilitation care is proposed. It is indicated that informational rights include the right to information about rights and obligations, diagnosis, functional limitations, nature of treatment, and preservation of medical confidentiality. It is concluded that socio-economic rights consist in the possibility of access to free rehabilitation services at the expense of budgetary funds under the programme of State medical guarantees. It is noted that ethical rights provide for a humane and respectful attitude of medical personnel towards patients. Among the legal rights of the patient is the possibility of judicial and administrative protection of the patient’s rights by applying to law enforcement agencies and courts. The patient has the right to qualified rehabilitation care.

Proposals for amendments to the current legislation are made. The necessity to systematise patient rights and provide for them in a separate Law of Ukraine “On Protection of Patients’ Rights” is emphasised.

Moral responsibility of public servants: the essence and directions of improvement

O. M. Muzychuk — Mon, 30 Sep 2024 00:00:00 +0300

It is indicated that the moral and ethical side of public servants’ activities is still “terra incognita” for both the national legislator and the scientific community. By comprehending the position of past thinkers, the understanding of the fundamental role of moral and ethical norms in shaping the doctrines of the essence of social responsibility, including such a dimension as moral responsibility, is formed.

The choice of one of the ethical norms of behaviour by a public servant is positioned as the quintessence of moral responsibility of public servants. The moral responsibility of public servants is an independent analytical and self-critical activity of a particular public servant based on his/her conscience, as well as on the system of moral and ethical coordinates formed at the level of established and supported by the management practices of daily activities of the staff of a particular public authority, local self-government body, civil society institution, which is embodied in the analysis of their own behaviour and its correlation with the proper moral standard of public servants’ activities. The essence of the moral standard itself is reduced to a model of generally accepted behaviour in Ukrainian society, formed on the basis of administrative and legal legislation, history of the national State-building, moral and ethical values laid down at the level of the principles of public administration, leading trends in scientific and technological progress, acceptable among the population of Ukraine, with due regard for the interests of the main national, racial, linguistic, religious and other minorities. The category of moral and ethical portrait of a public servant is proposed, which is understood as a set of organisational, managerial, institutional, financial instruments and mechanisms for disseminating opinions about a particular public servant and forming social perception at the level of the entire population or a certain part of it (service recipients, representatives of a region, field of activity, organisation) regarding the role, functions, purpose (vocation) and activities of such a public servant in general.

In order to introduce high moral standards into the activities of domestic public servants, the following areas of improvement of their activities in the context of moral responsibility are proposed: restructuring of public morality in the context of understanding the activities of whistleblowers; increasing the authority of public authorities; development and adoption of the Code of Ethics for Public Servants at the national level.

Human infection with an infectious disease agent: analysis of constructive objective features of criminal offences

O. V. Shamsutdinov — Mon, 30 Sep 2024 00:00:00 +0300

With a view to confirming the hypothesis that the ineffectiveness of criminal law provisions under Articles 130, 131, 133 of the Criminal Code of Ukraine is due to the shortcomings of their legislative design, the author analyses the definitions used by the legislator to determine the constructive objective features of criminal offences under Articles 130, 131, 133 of the Criminal Code of Ukraine. The author establishes that they are inconsistent with the terminology of healthcare regulations which should be used when qualifying encroachments on biological safety manifested in infection of a person (persons) with infectious disease agents.

The article states that current legislation does not contain any lists of incurable and venereal diseases. On this basis, it is concluded that the qualification of the relevant criminal offences is not based on the provisions of legislation, but on the previous court practice, common sense of law enforcement officers and the level of their legal awareness.

The view is supported that the indication of a virus as an instrument of criminal offences (Articles 130, 131 of the Criminal Code of Ukraine) significantly limits the criminalisation of encroachments on biological security in the form of spread of infectious diseases.

Attention is drawn to the discrepancy between the constructions of the objective side of the corpus delicti of criminal offences under Articles 130 and 133 of the Criminal Code of Ukraine, which provide for an identical mechanism of causing harm to the victim. It is established that the absence of any references in the disposition of Article 133 of the Criminal Code of Ukraine to the means of infection (live pathogen) unjustifiably delays the moment of termination of this criminal offence until the victim develops clinical manifestations of the disease.

Finally, the conclusion is made that the gradual widening of the gap between the substantive criminal law and medical law makes it increasingly difficult to qualify the infection of another person with dangerous infectious diseases and creates problems in delimiting related corpus delicti of criminal offences.

The editorial wording of the unified basic elements of a criminal offence consisting in infecting a person with a pathogen which is dangerous to his/her life is proposed.

Peculiarities of evidence in the course of investigation of criminal offences under parts 1, 2 of Article 111-1 of the Criminal Code of Ukraine

S. Ye. Ablamskyi, O. V. Kovtun, V. V. Ablamska — Mon, 30 Sep 2024 00:00:00 +0300

The scientific search for the peculiarities of evidence in the course of investigation of criminal offences under Parts 1 and 2 of Article 111-1 of the Criminal Code of Ukraine is due to the fact that with the beginning of the full-scale invasion of Ukraine by the Russian Federation, collaborationism at the level of national legislation, scientific doctrine and higher legal education has acquired a fundamentally new meaning. It is also advisable to take into account the fact that the historical basis of collaboration is treason, the normative consolidation of which has its roots in Roman law.

Information and psychological operations, dissemination of relevant narratives to the formation of attitudes and orientations among the population, which may later become the basis for committing criminal offences under Parts 1, 2 of Article 111-1 of the Criminal Code of Ukraine. At the level of changes in the criminal procedure legislation, current trends and approaches to pre-trial investigation, the basic principles and features of pre-trial investigation of collaboration activities have been rethought.

It is substantiated that in modern conditions, evidence in the course of investigation of criminal offences under Parts 1, 2 of Art. 111-1 of the Criminal Code of Ukraine is inseparable from taking into account the features of modern equipment which can be used for information transmission, analysis of computer information and information from correspondence, channels and groups in social networks containing valuable information, samples of signatures, seals and other details of documents which reflect information about the collaboration activities of individuals and groups.

Other relevant features of evidence in the course of investigation of criminal offences under parts 1, 2 of Art. 111-1 of the Criminal Code of Ukraine include: the need to conduct as many investigative (search) and procedural actions as possible, including specific forensic examinations, of which one of the most common is the technical examination of document details; interaction of pre-trial investigation bodies and the public in the course of exchange of orientation information of investigative and inquiry units with volunteers, local activists, representatives of NGOs, writers, representatives of the scientific and creative intelligentsia, i.e. conscious and patriotic citizens who refused to cooperate with the occupation administration during the occupation and actively resisted it. Such interaction in the specific security conditions of martial law does not necessarily require face-to-face communication. Public messages on Twitter, Instagram, Facebook, and TikTok, which may contain information about persons involved in collaboration activities, their relationships with local residents and/or the occupation administration, etc., have significant potential for providing orientation information.

The Security Service of Ukraine’s counteraction to criminal offences at critical infrastructure facilities: organisational aspect

O. M. Herasymenko, D. S. Melnyk — Mon, 30 Sep 2024 00:00:00 +0300

The article is devoted to the theoretical foundations of organisation and management of the process of countering criminal offences by the Security Service of Ukraine at critical infrastructure facilities. Modern technological systems and their parts related to critical infrastructure facilities are subject to unlawful encroachments. The negative dynamics of the level of threats and losses from criminal attacks on these objects requires solving existing problems, and therefore consideration of issues related to solving existing problems becomes relevant for scientists.

The main purpose of the article was to study and solve the problem of organising and managing the process of countering criminal offences by the Security Service of Ukraine at critical infrastructure facilities. The methodological tools of the scientific research were based on theoretical methods of scientific knowledge; analysis and synthesis, logical and generalisation methods.

Based on the results of the study, the article substantiates that an effective process of implementing organisational and managerial functions is a crucial element of organisational and tactical activities in the system of protection against criminal offences against critical infrastructure facilities and will contribute to achieving the goal of influencing the determinants of criminal offences at critical infrastructure facilities, while emphasising the importance of interaction with other governmental authorities, private enterprises and international partners.

In this regard, the ways of solving the problems are proposed, in particular, the definition of the concept and content of the organisational system of the Security Service of Ukraine’s response to criminal offences at critical infrastructure facilities. In addition, the correlation between the concepts of “organisation” and “management” is determined, and their essence and significance are revealed. Taking into account the results of the study, the article identifies the directions for further scientific research, development of the problems of criminal law aspects of the Security Service of Ukraine’s counteraction to criminal offences at critical infrastructure facilities, as well as the essence and content of special management functions.

Application of specialised knowledge in the investigation of collaborative activitу: practical aspects

V. O. Husieva, S. M. Beseda — Mon, 30 Sep 2024 00:00:00 +0300

The article substantiates the position that in the course of investigation of collaboration activities, it is important to involve competent persons in criminal proceedings. The author emphasizes that digital traces have a significant evidentiary potential, which, based on the results of expert research, i.e., on the basis of the implementation of procedural forms of using special knowledge, become the basis for obtaining procedural sources of evidence in criminal proceedings. It is determined that it is inadmissible during the investigation to neglect the prospects of these forms of use of special knowledge or to neglect the stage of preparation for the appointment of these examinations. It is noted that this may lead to the loss of evidentiary potential of certain material and digital objects. In this regard, an indispensable condition at the stage of preparation for the appointment of these expert examinations is to take measures to collect comparative samples for expert examination, to record them procedurally in the criminal proceedings and to send a qualified expert authorised to conduct this type of expert examination in a timely manner.

Based on the study of law enforcement and expert practice and taking into account the provisions of theoretical research, the opportunities of modern expert research in proving the circumstances to be established in the course of investigation of collaboration activities are determined. Based on the results of the analysis of expert opinions, the study identifies typical mistakes that occur in the practical activities of pre-trial investigation bodies and provides recommendations for eliminating such shortcomings which affect the ability to solve expert tasks in particular and tactical tasks of investigation in general. Based on a generalisation of the expert examinations most often ordered in the course of investigation of collaboration activities, it is determined that comparative samples and objects sent for expert examination should be prepared, obtained and sometimes even manufactured in compliance with the following recommendations: 1) to ensure their receipt in the manner prescribed by the criminal procedural legislation; 2) to send for expert examination only those objects that meet the requirements of completeness and reliability, and in the case of portrait and handwriting examination – also comparison; 3) to seek advice from a forensic expert in the absence of the initiator of the expert examination of the necessary knowledge of the peculiarities of the preparation of comparative samples, as well as other information that should be communicated to the future expert.

Notification of suspicion on the web page of the General Prosecutor’s Office and in the newspaper “Uryadovyi Kurier”: requirements and algorithm of publication

A. V. Hutnyk — Mon, 30 Sep 2024 00:00:00 +0300

The study is aimed at analysing the legal acts establishing the procedure for publishing notices of suspicion on the website of the Prosecutor General’s Office and in the newspaper “Uryadovyi Kurier” and notices of suspicion already published in these sources, determining the requirements for them and developing an algorithm for publication for prosecutors and investigators. The author uses the methods of analysis and synthesis, induction and deduction, comparative legal, formal and logical, systemic and structural, graphical and other methods of scientific research.

The article establishes that the Criminal Procedure Code of Ukraine defines the obligation of an investigator or prosecutor to serve a notice of suspicion by publishing it on the website of the Office of the Prosecutor General and in the mass media of national distribution. This method of delivery is possible for both general and special pre-trial investigation regimes. It is emphasised that the notice of suspicion to be published on the website and in the mass media of the national sphere of distribution have differences in content, format, data that may be made public, and place of publication. In order to prevent possible violations, the requirements for suspicion notifications are detailed and visualised in the form of a table.

It is found that the procedure for publishing notices of suspicion for investigators and prosecutors is different. The author identifies the stages required for publishing notices of suspicion for investigators and prosecutors and develops appropriate algorithms.

The findings of the study can be used in lawmaking activities in the development and improvement of regulations on this topic, in practical activities by investigators of pre-trial investigation bodies, prosecutors when serving a person with a notice of suspicion, in scientific activities to continue research in this area, in educational activities to prepare materials for teaching students, cadets, trainees in legal specialties and for advanced training of investigators and prosecutors.

Implementation of the burden of proof in criminal proceedings by the victim and their representative

I. O. Iemets — Mon, 30 Sep 2024 00:00:00 +0300

The article analyses the provisions of criminal procedure legislation with a view to defining the role of the victim and their representative (attorney-at-law) in proving the circumstances specified in Article 91 and Part 2 of Article 92 of the CPC of Ukraine. It is argued that the legislator, when defining the information which constitutes the victim's burden of proof, used the wording which does not give an unambiguous understanding of the totality of the circumstances which the victim and his/her legal representative are obliged to prove.

Based on the results of the textual analysis of the provisions of current legislation, and on the basis of the generalisation of court practice, it is proposed that the circumstances which should be proved by the victim (his/her representative) include the following: the amount of procedural costs incurred by the victim; circumstances characterising the personality of the accused, as indicated by the injured party; arguments and evidence confirming the circumstances set out in the petitions and complaints filed by the injured party; circumstances related to non-pecuniary damage caused to the victim; circumstances underlying the claims set out in a civil action.

It is established that a representative engaged by the victim plays a significant role in collecting evidence which forms the basis of the claims set out in a civil action. This includes, in particular, requesting copies of documents certifying the costs incurred by the victim and obtaining an expert opinion based on the results of a psychological examination.

It is determined that in order to clarify such circumstances, the victim’s representative may resort to a number of measures, including: 1) submission of lawyer’s requests; 2) conducting surveys of citizens; 3) obtaining an expert opinion on a contractual basis; 4) obtaining temporary access to things and documents on the basis of a decision of the investigating judge; 5) initiating procedural actions in the form of investigative (search) and covert investigative (search) actions, etc.

Legal basis for providing legal aid to a detained person in the context of international standards and practice of the European Court of Human Rights

M. М. Kolomoitsev — Mon, 30 Sep 2024 00:00:00 +0300

Based on the analysis of theoretical approaches to the essence of the institute of detention of a person, the article substantiates the position that detention is a procedural action which has a temporary restrictive nature of the rights of a person who was detained during the commission or attempted commission of a criminal offence, immediately after the commission of a criminal offence or during the continuous prosecution of a person suspected of a criminal offence, and which aims to ensure further pre-trial investigation, clarification of the circumstances of the event which occurred.

Based on the generalisation of the provisions of international legal acts and taking into account the case law of the European Court of Human Rights, the author defines the standards for providing legal aid to a person detained on suspicion of committing a criminal offence. It is established that the special international standards, compliance with which is crucial for ensuring the rights of a detainee and which also guarantee the effectiveness of legal aid received by a detainee, include 1) the principle of confidentiality in the course of communication between a detainee and a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the rights of a detainee or their violation; 4) the principle of independent and free choice of one's legal position.

The following are proposed to be the sectoral international standards, compliance with which is crucial for ensuring the rights of a detainee, and which also guarantee the effectiveness of legal aid received by a detainee 1) the principle of confidentiality in the course of a detainee’s communication with a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the detainee’s rights or their violation; 4) the principle of independent and free choice of one’s legal position. The emphasis is placed on the fact that the prospects for further research should be to determine the legal mechanisms for implementing the outlined standards into the national practice of law enforcement and judicial authorities.

Issues of classification and examination of lemons in the course of forensic commodity expertise

V. B. Kucheriavenko — Mon, 30 Sep 2024 00:00:00 +0300

Identification and examination of export-import goods, in particular lemons, plays a significant role in facilitating the detection of customs violations and crimes, as well as in ensuring preventive measures to eliminate them. The article analyses the peculiarities of examination of citrus fruits, in particular lemons, with a view to their classification under classifier of goods Commodity Nomenclature of Foreign Economic Activity. The methodological approaches to the classification of citrus fruits within the framework of commodity expertise are considered. The main diagnostic tasks to be solved by a forensic expert in the course of lemon examination are identified: determination of product quality, chemical analysis, phytopathological analysis, toxicological analysis, organoleptic analysis, microbiological analysis, identification of origin, assessment of storage and transportation conditions. Modern analytical methods allow to conduct a comprehensive study of lemons at various levels – molecular, chemical and morphological – to obtain objective data on their quality, safety and other important characteristics. This data can be useful in legal proceedings to determine the origin, compliance with quality standards and dispute resolution.

The article summarises information on the typical defects of lemons, namely: mechanical damage, diseases and lesions, growth and development defects, skin defects, parasites and pests, physiological defects, chemical defects (these defects are of natural origin). Defects inherent in low-quality products with signs of deterioration include mechanical damage, rot and mould, discolouration, wrinkling, shape defects, pests, disease damage, additional chemical treatment, loss of aroma and taste, improper storage and transportation, black spots, and skin tears. The mechanism for conducting a forensic examination of lemons is described in detail.

International experience of using expert opinions in criminal proceedings

O. P. Makarova — Mon, 30 Sep 2024 00:00:00 +0300

The article is devoted to the important issue of international standards integration into the national system of forensic examination. The influence of international legal norms on the regulation of expert activity in Ukraine is analysed and the prospects for the development of this area are outlined. Particular attention is paid to the importance of forensic examination in legal proceedings, and the key role of experts in establishing objective truth and ensuring justice through their specialised knowledge is emphasised. Foreign experience in the field of forensic examination is considered, taking into account the use of specialised knowledge and methods of conducting examinations in other countries.

It is indicated that in the context of crime globalisation, forensic examination in Ukraine should meet the highest international standards. To achieve this, it is necessary not only to update the legislative framework, but also to expand the capabilities of experts, introduce modern research methods and ensure close cooperation with international expert institutions. This will improve the quality of investigations and the effectiveness of the fight against crime. International cooperation in the field of forensic science, regulated by Section 4 of the Law of Ukraine “On Forensic Science”, is a key tool for ensuring effective judicial proceedings. It allows for the involvement of highly qualified specialists from different countries in the investigation of complex criminal cases and the use of modern research methods, which contributes to the establishment of objective truth.

To ensure the high quality of forensic examinations and their international recognition, it is necessary to unify approaches and standards. International cooperation in this area facilitates the exchange of experience, the introduction of the latest techniques and the creation of common databases, which increases the reliability of expert opinions and their recognition around the world.

Substantive components of forensic characterisation of interference with the activities of public authorities

V. Yu. Popov — Mon, 30 Sep 2024 00:00:00 +0300

The article substantiates the thesis that criminalisation of interference with the activities of public authorities is a natural step towards the development of a democratic and rule-of-law state, and even more so in the current realities of Ukraine's state and legal development. The article emphasises the importance of ensuring the effectiveness of investigation of these criminal offences. It is indicated that the development of practical recommendations for their investigation requires taking into account a number of informative factors, in particular, those which find their external manifestation in the mechanism of criminal activity.

Based on the results of generalisation of the substantive components of the mechanism of interference with the activities of representatives of public authorities (unlawful influence or obstruction of activities), the substantive elements of the criminalistic characterisation of criminal offences of this group are identified. It is proposed to distinguish among them: 1) peculiarities of the situation, time and place of the interference; 2) typical traces of illegal activities aimed at interfering with the victim’s activities – representative of the state authority; 3) methods of interference with the activities of public authorities; 4) characteristic features of the victim of interference with activities – representative of the state authority, information about his/her type of activity, official position, functional responsibilities, information about the immediate supervisor, etc.; 5) information about the identity of the offender, motives and purpose of interference with the victim's activities – representative of the state authority, etc.

The characteristics of each identified element is provided. It is emphasised that the characteristics inherent in each element of the forensic characteristic of interference with the activities of representatives of public authorities, determined on the basis of the analysis of investigative and judicial practice, should be taken into account when developing other elements of the forensic methodology for investigating this group of criminal offences.

Features of the interrogation tactics of a suspect in illegal fishing, hunting, or other aquatic resource exploitation

R. O. Stadnichenko — Mon, 30 Sep 2024 00:00:00 +0300

The article discusses interrogation tactics of a suspect involved in illegal fishing, hunting, or other aquatic resource exploitation, necessitating the formation of specific tactical recommendations regarding the conduct of interrogations of suspects in criminal proceedings of this category. Based on an analysis of pre-trial investigation practices and scientific literature, the author proposes detailed specifications of the main provisions of interrogation tactics of suspects during the investigation of illegal fishing, hunting, or other aquatic resource exploitation.

It is established that the peculiarities of interrogating a suspect during the investigation of illegal fishing, hunting, or other aquatic resource exploitation primarily depend on the situation of this investigative action. That is, whether the person wishes to testify or not. The article also distinguishes between conflict and non-conflict situations in interrogating suspects of these categories of criminal offenses.

The author outlines typical investigative situations during the interrogation of suspects in the article and proposes a vision for resolving problematic situations during suspect interrogation based on an analysis of investigative practice and scientific literature.

The article establishes that the successful conduct of interrogation of suspects involved in illegal fishing, hunting, or other aquatic resource exploitation is based on three main factors: a) the psychological process of forming testimonies; b) establishing contact with the person being interrogated; c) skillful application of interrogation tactics considering the situation that arises during the investigative action.

Forensic classification of crimes and misdemeanours related to unlawful encroachments on the assets of business entities

S. A. Tiulieniev — Mon, 30 Sep 2024 00:00:00 +0300

The article substantiates the thesis that criminal offences aimed at unlawful alienation of tangible and intangible assets of a business entity or otherwise related thereto are quite numerous and are enshrined in various sections of the Special Part of the Criminal Code of Ukraine. It is noted that this makes it difficult for the prosecution to recognise these criminal offences during the pre-trial investigation. It is determined that the cognitive activity of an investigator is impossible without a systematic analysis of individual objects and subjects which may be of investigative interest, and therefore, it necessitates the division of the relevant objects into groups. The analogy is drawn and it is determined that such approaches are implemented both in practical law enforcement activities and in scientific activities, in particular, in terms of identifying and developing tested recommendations for investigating criminal offences. It is emphasized that it is the forensic classification of criminal offences which is the method of forensic cognition of crimes and criminal offences which aims at solving a number of other tasks and is therefore necessary to be applied.

Based on the results of the scientific research, the study develops a forensic classification of criminal offences related to misappropriation of assets of business entities. It is based on the following classification criteria: 1) peculiarities of the direct object of the encroachment; 2) subject matter of the criminal encroachment; 3) type of economic activity which was subject to criminal influence; 4) nature and form of external expression of traces of criminal activity; 5) nature of the criminal result obtained; 6) peculiarities of the subject composition involved in the implementation of the criminal intent; 7) nature of the actions committed by the raiders. Prospects for future research are identified.

Peculiarities of clay soils research in the course of forensic soil examination

V. M. Shevchenko — Mon, 30 Sep 2024 00:00:00 +0300

Methods of clay soils research that take into account the specifics of expert study of soil objects are defined. In order to classify a soil as clay, the mechanical composition is first examined. According to this indicator, clay soils are divided into loam, light clay, and heavy clay. Clay is classified as a mineral resource of national importance, while loam is classified as a mineral resource of local importance. These soils may be subject to illegal mining. The article analyses the possibilities of applying various methods for the expert study of clay soils, namely, the method of sedimentation analysis and the ‘field’ method. After establishing the mechanical composition and classification of samples as clay soils, it is recommended to determine the plasticity index, according to which the soils are classified as loams or clays. The analysis is described in accordance with the State Standard of Ukraine Б B.2.1-17:2009 “Bases and foundations of buildings and structures. Soils. Methods of laboratory determination of physical properties”.

It is shown that in the course of forensic soil examination, the use of the “field” method in combination with the determination of the plasticity number allows soil samples to be classified as clay soils without the need for a long sedimentation analysis.

The proposals presented in this article may be useful for selecting effective expert methods for the study of clay soils during the forensic examination of materials, substances and products in the expert speciality 8.8 “Soil Research”.

Reconsideration of educational directions for ensuring the national security of Ukraine

O. I. Chervyakov — Mon, 30 Sep 2024 00:00:00 +0300

The article emphasises that at the level of the basic National Security Strategy of Ukraine, one of the key directions of ensuring the national security of Ukraine is the development of human capital, including through the prism of modernisation of education. At the same time, the very essence of human capital is not fully disclosed at the level of other programme documents and legislative acts of Ukraine, which causes difficulties in the practical implementation of this direction and the identification of the central executive body responsible for such activities. In view of this, the category of human potential should not be declarative, but actually embodied in the national legislation, with priorities for its development and criteria for its assessment, including in the educational sphere.

According to the article, a person in the modern world is faced with a large amount of diverse information, which in the context of the Russian-Ukrainian war is often distorted by enemy propaganda, information operations and cyber attacks. In such circumstances, the importance of the so-called information hygiene increases, which is formed mainly through educational tools, such as trainings, educational courses, programmes, etc. In the course of implementing the educational direction of ensuring national security, the unacceptability of the narratives proposed by enemy propaganda can be guaranteed in the minds of the population by developing human cognitive abilities, as well as forming a comprehensive understanding of historical, state-building processes, political and socio-economic features, the distortion of which is the basis of enemy information and psychological operations.

In addition, the emphasis is placed on the fact that the educational component of ensuring the national security of Ukraine is also to promote maximum individualisation of the education process, formation of an individual educational trajectory of an applicant for education, including through artificial intelligence technologies.

Some issues of improving the activities of the National Police of Ukraine and local self-government bodies regarding law enforcement at the local level under martial law

K. L. Buhaichuk — Mon, 30 Sep 2024 00:00:00 +0300

The publication highlights the issues of improving the organisation of the work of community police officers and district police inspectors in preventing and combating crime in the territory of service. The importance of implementing security audits of territories and buildings into the activities of community police officers and district police inspectors is proved. Security audits are the main tool that community police officers or district police inspectors can use to identify local security problems specific to a particular area or facilities, identify ways to address relevant risks and threats, and engage all stakeholders in working together to improve their own and others’ safety.

The essence of the concept of “Crime Prevention through Environmental Design (CPTED)” and its impact on the formation of a proper state of the security environment at the local level of the community is revealed. It is emphasised that the CPTED principles are universal and can be applied to improve the security of any territory or facility. At the same time, their effectiveness largely depends on the completeness of the identification of security risks and threats.

The article suggests the following areas for improvement of the regulatory and legal support for the activities of community police officers: 1) adoption of a separate regulatory legal act on the activities of district police officers, taking into account the peculiarities of police work in the city; 2) approval of instructions on the procedure for carrying out control and supervision activities in the service area. This regulatory act should provide for the forms of such files, the procedure for their completion, registration, verification and control; 3) inclusion of individual cases on security audits of the territory or individual buildings or facilities in the official records of a community police officer. Relevant security audit forms should be officially approved; 4) adoption of methodological recommendations for organising security audits and applying the principles of CPTED (Crime Prevention through Environmental Design) in professional activities.

Psychological rehabilitation of law enforcement officers after the use of firearms

O. V. Markov, Ye. P. Tenenov, S. M. Butryk, A. М. Kozynets — Mon, 30 Sep 2024 00:00:00 +0300

Alongside the global evolution in societal relations, characterized by the advancement of democratization and the humanization of the social environment, the protection of citizens’ rights and freedoms has become paramount. In this context, the psychological well-being of law enforcement officers stands out as a critical concern, shaped by a multitude of factors. The intensity of this issue is magnified in countries experiencing military conflict, as the psychological burden on Ukrainian law enforcement personnel has escalated dramatically due to ongoing warfare.

One of the most pressing concerns in this context is the use of lethal firearms. The professional duties of law enforcement officers are inherently stressful, exposing them to situations that can induce severe psycho-emotional disorders. The high-risk environment in which they operate, coupled with complex moral and ethical dilemmas and strenuous physical demands, highlights the urgent need for comprehensive psychological rehabilitation.

Moreover, the challenges faced by law enforcement officers are not limited to the immediate dangers of their work. They also endure the long-term effects of repeated exposure to traumatic events, which can lead to conditions such as post-traumatic stress disorder, anxiety, and depression. The societal expectations placed upon them, particularly in times of crisis, further exacerbate the psychological strain, as they are often required to make split-second decisions that can have life-altering consequences.

In addition to addressing these immediate psychological needs, there is a growing recognition of the importance of preventive measures. This includes providing officers with ongoing mental health support, training in stress management techniques, and fostering a work environment that prioritizes psychological resilience.

Psychological Aspects of a Police Officer’s Professional Success

M. V. Butenko — Mon, 30 Sep 2024 00:00:00 +0300

The article analyses the general concept of human success from various psychological and scientific perspectives, as well as the concept of “a police officer’s professional success” separately, since it plays an important role for both the individual and society at the present stage of society development. The author emphasises that at the scientific and legislative levels there are no explanations and clarifications as to who is a professionally successful police officer. The study provides a generalised analysis of police officers’ powers, among which the main ones are highlighted which every police officer must perform regardless of their position, length of service and other factors. The importance of professional training of police officers during their service is also emphasised.

To determine the level of success of a police officer’s professional activity, it is proposed to take into account a combination of two components – external and internal. The external component of police officers’ activity includes professional development, which is characterized by the level of performance of the main professional tasks based on knowledge of the principles and powers of the National Police of Ukraine at the legislative level. The internal component includes individual psychological properties of a police officer, which to a certain extent ensure efficient and high-quality performance of functional duties.

In addition, the importance of social intelligence as a means of effective and comfortable interaction with the public is emphasised. Particular attention is paid to the coping strategy of a police officer, which allows him/her to effectively cope with stressful situations arising during the performance of official tasks. Through the analysis of the main powers of police officers, the need for them to have emotional intelligence, which includes such components as empathy, understanding, recognition and the ability to manage their own and other people’s emotions, is determined.

Moreover, the article shows the importance for police work of such an individual property of a person as the level of internality, which determines the ability of a person to control and manage his/her behaviour, take responsibility for his/her own actions, influence the formation and development of such internal factors as motivation, efficiency of decision-making in stressful situations. Finally, it is concluded that the interrelation of external and internal components is important for determining the level of professional success of a police officer.

An empirical study of the post-experiential growth of military personnel – combatants

V. O. Oliinyk, S. O. Larionov — Mon, 30 Sep 2024 00:00:00 +0300

The need to find innovative technologies for psychological recovery and rehabilitation of servicemen – combatants, taking into account the positive personal changes that can develop as a result of their experience of traumatic and non-traumatic (negative stressful) events in a combat situation, led to the choice of the research topic. The purpose of the study is to examine the relationship between the post-experiential growth of servicemen and women combatants and their life and combat experience.

The study was conducted in the period from January 2023 to January 2024 among 375 servicemen and servicewomen of the Armed Forces of Ukraine.

The study used theoretical (analysis, synthesis, systematisation, generalisation of information) and diagnostic (S. Blight and K. Norris Post-Experiential Growth Questionnaire; Combat Exposure Scale; author's questionnaire consisting of 5 questions to determine the presence of traumatic events in life and in the workplace).

The empirical study has established that: 1) moderate signs of positive psychological changes were found in groups of military personnel both with and without traumatic experience; 2) no statistically significant differences were found between the level of manifestation of signs of post-experiential growth in groups of military personnel with and without traumatic experience, while the size of the standardised effect was insignificant; 3) signs of post-experiential growth in servicemen and women who participated in combat operations have positive correlations with the rates of injury and the presence of a serious event in their life and combat experience.

The results of the study give grounds to identify and build on positive psychological changes in a wider range of servicemen and women and veterans as a personal resource in the course of their psychological recovery and psychological rehabilitation.

Positive psychological changes are moderately manifested in groups of military personnel – combatants with different life and combat experience. At the same time, there were no statistically significant differences between the manifestation of post-experiential growth in servicemen and women combatants of these groups. This confirms the idea that post-experiential growth of servicemen and women combatants can occur, unlike post-traumatic growth, as a result of experiencing not only traumatic but also non-traumatic (negative stressful) events.

Psychological aspects of aggression among police personnel

Yа. S. Ponomarenko — Mon, 30 Sep 2024 00:00:00 +0300

The article presents psychological aspects of aggression in the context of professional activity of police personnel. The nature and manifestations of aggression in the working environment of police officers are investigated, the factors that cause aggressive behaviour are considered, and its impact on the efficiency and safety of performance of official duties is analysed. The theoretical analysis has shown that everyday stress and dangerous situations in wartime create a favourable environment for the development of aggressive tendencies, which can negatively affect the quality of official duties performance. It has been found that aggression among police personnel can take various forms such as verbal conflict and physical force, which calls into question the credibility of law enforcement agencies and can have serious legal and ethical consequences.

The purpose of the study is to examine and analyse various manifestations of aggression among police personnel in order to identify possible differences in their characteristics and ability to display such behaviour. The sample consisted of 200 police officers, divided into two groups by gender, 100 in each group. The first group was represented by men, the second by women. The study used the “Aggression Level Questionnaire” by A. Bass and A. Darky. Mathematical and statistical processing of the results was carried out using Student’s t-test for independent samples and Fisher's angular transformation criterion (φ).

An empirical study of aggression among police officers of different gender groups has revealed significant differences in the manifestation of aggressive behaviour. Male police officers are more likely to use physical force and verbal aggression compared to female police officers. At the same time, both groups have a similar tendency to indirect aggression and negativism, which indicates a general tendency towards indirect forms of aggression and oppositional behaviour among police personnel. Female police officers show a higher level of irritability, suspicion and resentment, which may affect their interaction with others and their overall psychological state.

Social intelligence of cadets of the security and defence sector higher education institutions who receive higher education in the specialities of “Law” and “Psychology”

S. V. Kharchenko, O. V. Koldashov — Mon, 30 Sep 2024 00:00:00 +0300

The article emphasises that for the actors of the security and defence sector, solving various communication situations is a constant and important task which can become difficult to perform if the social intelligence abilities are not sufficiently developed.

A comparative analysis of the peculiarities of social intelligence abilities of higher education students of higher education institutions of the security and defence sector, who study in the specialities of “Law” and “Psychology”, was carried out. It is emphasized that the specificity of the social situation of the study participants' intellectual abilities development is due to certain features: lockdowns and quarantines of 2020–2021 with the vast majority of distance education, which were caused by the spread of the COVID-19 virus infection; martial law, which has been in force since February 2022.

The senior students of Kharkiv National University of Internal Affairs and the Military Law Institute of Yaroslav Mudryi National Law University took part in the study. The empirical data were obtained using J. Guilford’s psychodiagnostic methodology for studying social intelligence.

It has been found that the general level of social intelligence of most of the surveyed cadets corresponded to the average level. It has been shown that the general level of social intelligence of the cadets studying “Psychology” was higher than that of the cadets studying “Law”. It has been revealed that the differences in the level of social intelligence of the surveyed groups of cadets were due to a statistically significantly higher level of development of the ability to predict the consequences of the behaviour of others in typical conditions among cadets studying “Psychology” and a more developed ability to understand the logic of interaction situations and the significance of people's behaviour in these situations. It has been established that the most developed ability of social intelligence of the study participants studying in the speciality “Law” was the ability to understand the change in the meaning of similar verbal reactions of a person depending on the context of the situation that caused them.

It has been argued that the specific social conditions of personality formation of higher education students in recent years have not significantly affected the level of development of their social intelligence abilities. The main directions of development of social intelligence abilities of cadets studying in different specialities are presented.