Bulletin of Kharkiv National University of Internal Affairs

Activities of the militia in Ukraine to ensure road safety in the 1950s

V. A. Grechenko , S. I. Subota — Sat, 29 Jun 2024 00:00:00 +0300

In the 1950s, the daily functions of the militia continued to include combating violations of street traffic rules and controlling the decrease in motor vehicle accidents. The accident rate on the roads of the republic at that time remained high. An analysis of the current state of road safety shows that the level of accidents, injuries and deaths on the roads was influenced by such objective factors as the level of development of the regulatory framework, the technical condition of vehicles, the level of development of the road network, its quality, and weather and climatic conditions. Subjective factors included the level of legal culture of road users (drivers and pedestrians), the degree of their readiness to participate in traffic, the professional qualifications and material and technical equipment of the employees of the State Automobile Inspection. During this period, state bodies carried out significant, but ambiguous in quality, rule-making work, the purpose of which was to develop measures aimed at improving both objective and subjective conditions that affected the state of road safety and were of a mutually agreed nature. The established driver training mechanism was one of the important components of the effective operation of the road safety system. Therefore, the activities of state bodies, in particular the State Automobile Inspection of the Ministry of Internal Affairs of the Ukrainian SSR, were aimed at forming not only stable skills in driving vehicles among the drivers, but also behavioral stereotypes that require compliance with legal norms in the field of road safety. At the same time, it was necessary to develop and legally establish criteria for assessing the quality of their training in the relevant institutions. Militia bodies carried out quite active work to improve the situation with road accidents, which included measures of administrative influence, involvement of the public in monitoring violations of traffic rules, various propaganda activities, but its effectiveness was ultimately insignificant.

Formation and development of the militia: historical and legal analysis

O. K. Maliutina, M. D. Klymenko — Sat, 29 Jun 2024 00:00:00 +0300

The historical aspects of the formation and development of militia in Ukraine are studied, with special attention paid to its role during the revolutionary events and the civil war. The state of law and order in the Ukrainian lands in the late 19th – early 20th centuries, key legal aspects of the formation and initial stage of the militia functioning are analysed, and a scientific assessment of its activities in the context of complex revolutionary challenges is provided.

The creation and development of the Soviet militia was a complex and ambiguous process, so the challenges faced by the newly formed militia during the revolutionary period are analysed. The historical factors that contributed to the creation and development of the militia, its transformation over time, and the formation of the modern police are studied. Historical experience shows that the establishment of the Soviet militia depended on many factors, namely: the gradual formation of tasks, powers and functions of the militia, the definition of the regulatory framework for its activities, the organisation of the system of administrative apparatus, coordination of efforts at the local and central levels, the resolution of personnel issues, etc.

The necessity of studying the historical processes of formation of the modern police, its institutional origins in the context of the State development is emphasised, and the crucial role of the police in maintaining the rule of law, public order and security of citizens of modern Ukraine is noted. The study of historical factual material contributes to a better understanding of the evolution, nature and role of state institutions designed to protect Ukraine's sovereignty and solve other tasks in the field of national security and law enforcement in response to the needs of society, offering ideas for future effective strategies based on historical experience and current challenges.

Main Directorate of the National Police in Kharkiv Region

D. V. Slynko, L. I. Kalenichenko — Sat, 29 Jun 2024 00:00:00 +0300

The scientific study is devoted to the consideration of the legislation process as a form of legal proceedings in the law of ancient Rome. It is noted that in the modern national legal literature, scientific research related to ancient Roman law, as a rule, deals with the problems of substantive law, both civil and family law, and the institutions of procedural law are considered to a much lesser extent. Currently, research on this issue is relevant, since certain institutions and categories of the national legal system are based on the structure of Roman law, its principles, and were developed under its influence. It is emphasised that the legislative form, which was used in private cases in the first half of the Republic, can be considered the first historically developed form of procedure in Roman justice. The procedure was called legislative because it was based, in contrast to the old forms of private self-reprisal, exclusively on the law. It required the parties to act per legis actiones, i.e. without resorting to violence, in a lawful manner, on legal grounds, in a lawful manner. Compliance with the legislative form of legal proceedings guaranteed the legality and formality of the claimant’s (plaintiff’s) claims and the absence of elements of analogy in the claim and provided for the occurrence of only the consequences specified in the law.

The specific features of the legislation process (staggered nature; formality, ritual and ritualism; certain passivity of the authorities) are investigated; its varieties (betting process; “laying on of hands” process; sacrifice process; “appointment of a judge” process; “conditional” process) and stages (establishment of the plaintiff’s right and legal qualification; consideration of the case on the merits) are analysed. The great importance of the legislation form for the further development of the legal process is due to the fact that the legislation form divided the legal action into the filing of a claim, which provided for its formal recognition by the judicial authorities, and the actual legal proceedings, which had no regulation until a certain period. The author examines the peculiarities of Roman legal proceedings and concludes that the legislation process was a rather complex procedure which in its content was similar to the customary.

Electronic contracts on medical care of the population under medical guarantees program

V. A. Кroitor — Sat, 29 Jun 2024 00:00:00 +0300

On the basis of the conducted research, the author has proved that the specific feature of electronic contracts on medical care of the population under medical guarantees program is that: it is exclusively signed through the electronic health care system, is considered an electronic document, must meet all the requirements established for a civil contract. The author has identified the principles of electronic medical deeds: information exchange takes place exclusively in electronic form; the legislation establishes the security of exchange and preservation of medical information, in particular medical confidentiality; modern access to medical care and resources is provided due to their assistance; these electronic contracts are aimed at improving the quality of service and meeting patients needs, transparency of the health care system; they are signed considering technological neutrality and independence from decisions developers; while signing such contracts, the information is recorded in the e-health system without the possibility of deleting or correcting the entered data; electronic identification and authentication of participants in medical relations with a high level of trust is used while they are being signed. It has been established that signing a contract on medical care of the population under medical guarantees program includes the following stages: 1) the National Health Service of Ukraine publishes an announcement on the official website about the intention to sign such a contract under certain conditions; 2) a business entity that wishes to sign a contract with the National Health Service of Ukraine on the terms specified in the announcement must ensure that up-to-date information about its business activity, the possibility of medical practice, is entered into the system before submitting a proposal; 3) the National Health Service of Ukraine considers the received proposals within the definite term; 4) signing a draft contract by an authorized person of the National Health Service of Ukraine, which is a proposal to sign a contract (offer) with a validity period of ten calendar days from the date of its signing by an authorized person of the National Health Service of Ukraine.

Legal regime of a share in the charter capital of a limited liability company

M. I. Sevostianova — Sat, 29 Jun 2024 00:00:00 +0300

Based on the analysis of Ukrainian legislation and legal doctrine, the article examines the legal regime of a share in the authorised capital of a limited liability company. The necessity of considering a share in the authorized capital in two senses is substantiated: economic and legal. According to the first meaning, such a share expresses a part of the value of the company’s property and gives a person the opportunity to dispose of the company's capital (assets). However, from a legal point of view, there is an insurmountable obstacle to this understanding – the status of a limited liability company as an independent participant in civil relations, which owns such property, and property separation is one of the features that characterises it.

The opinion that a share in the authorised capital of a limited liability company does not coincide with the concepts of “corporate rights” or “property rights” is supported, it is an independent tradable object, but with a specific legal regime, in particular, it cannot be the object of other limited property rights, but it is such a share (and not corporate rights) that can be the object of property rights.

It has been proved that: 1) the legal nature of a share should be characterised through the legal nature of the powers of a limited liability company participant; 2) such powers constitute a single and indivisible set of corporate rights which are recognised as a separate category of rights, along with obligatory and property rights; 3) the legal nature of corporate rights is of a comprehensive nature, which primarily consists of a combination of the principles of absoluteness and relativity; 4) the definition of a share only through the shareholder's rights is not justified, since the shareholder's rights are inextricably linked to his/her obligations; 5) a share as an object of civil rights is “other property”, not “property rights”.

Reorganisation of a legal entity: the essence and understanding of its manifestation (creation or termination)

T. S. Stupak — Sat, 29 Jun 2024 00:00:00 +0300

The problematic issues related to the legislator’s priority task of regulating changes in the property status of a legal entity in the course of its reorganisation are outlined, which ensures the organisational and legal transformation of the organisation through effective redistribution of resources and enhancing the modernisation of the country’s economic stability as a whole.

The current state of the legal doctrine of understanding reorganisation as a legal phenomenon has no common denominator. It is studied as a method of termination of a legal entity; a method of emergence and/or termination of a legal entity(ies); a special procedure for the transfer of rights and obligations; a type of universal succession; a legal remedy; the procedural aspect of reorganisation actions is studied, pointing to the process, composition or set of legal facts, or it is proposed to abandon attempts to define the category of “reorganisation” altogether.

Based on the analysis of the legal doctrine and current legislation, the conclusion that reorganisation is a special mechanism of transformation of a legal entity, which is manifested in a complex legal structure aimed at achieving a positive economic effect or bringing it into compliance with current legislation, resulting in termination and/or establishment of a new legal entity(ies) with the transfer to it of the property (or part thereof) of the legal entity being reorganised by way of legal succession, has been made. The opinion that an unambiguous statement that reorganisation is a form of either creation or termination of a legal entity is erroneous has been presented. This conclusion is based on the fact that current legislation enshrines different denominators for certain types of reorganisation – termination/establishment, but the relevant legal phenomenon should be studied comprehensively (as a whole). In this case, one section of such a legal structure will indicate the creation and the other one will indicate the termination of a legal entity, which is manifested within the reorganisation procedure of one organisation.

Parental kidnapping as a form of abuse of parental rights

O. G. Yushkevych, M. Yu. Burdin — Sat, 29 Jun 2024 00:00:00 +0300

The article explores the legal phenomenon of “parental kidnapping”. It is noted that Ukrainian legislation lacks a definition of this legal phenomenon. The author suggests understanding parental kidnapping as the action of one of the parents regarding the unauthorized change of the child’s place of residence without the consent of the other parent with whom, according to the law or a court decision, the child resides. This includes abduction, leading to a violation of the child’s rights and causing material or non-material harm.

Statistical data from the Secretariat of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine for 2022–2023 regarding the number of parental requests for the unauthorized change of the child’s place of residence by one of the parents is provided.

The legislative regulation of this legal phenomenon and the peculiarities of holding parents accountable for such abuse of parental rights in Ukraine are analyzed. Ukrainian legal practitioners categorize the actions falling under the concept of “parental kidnapping” as domestic violence against the child in the form of psychological violence, especially towards the other parent with whom the child lived before the abduction. In cases where there are signs of physical injuries on the child, physical violence against the abducted child is also considered.

The legal positions of Ukrainian courts in cases of parental kidnapping are discussed. Generally, since there is no legal provision specifying responsibility for such actions, in cases where the evidence presented by the plaintiff parent proves that the other parent changed the child’s place of residence without authorization, the court grants the plaintiff parent’s claim for the return of the child.

Proposals are formulated for measures that need to be implemented to prevent, counteract, and legally hold accountable for parental kidnapping.

Characteristics of the State Bureau of Investigation’s territorial departments’ powers

R. I. Bohdanov — Sat, 29 Jun 2024 00:00:00 +0300

The article focuses on the fact that the creation of the State Bureau of Investigation of Ukraine was an important step towards ensuring the high-quality and efficient functioning of the entire law enforcement sector of our country, as well as the establishment of the rule of law and legality. It is argued that in the current context, the State Bureau of Investigation is beginning to play an increasingly important role in ensuring the proper functioning of all other state institutions. It is emphasised that the work of the State Bureau of Investigation directly depends on the quality and effectiveness of the powers of its territorial offices.

Based on the analysis of scientific views of scholars, it is noted that powers are a legally established scope of the rights and obligations which allows to implement the tasks and functions of the territorial offices of the State Bureau of Investigation to the fullest extent and with maximum efficiency. It is stated that these powers are exercised both by the central office of the State Bureau of Investigation and by the territorial departments; the factor determining the scope of application of the powers is the competence of these entities, including the territories covered by their activities. It is determined that the powers are aimed at protecting the legitimate interests of SBI employees in a fair assessment of their service, career and professional growth, and the absence of obstacles to their professional activities.

It is argued that the powers of the territorial offices of the State Bureau of Investigation should be divided into two large groups: a) according to the subject to whom the powers belong such as: the head, investigators, employees of operational units, employees of auxiliary units (e.g., personnel, financial and economic); b) according to the orientation 1) on the direct implementation of the SBI’s tasks (rule-making, personnel and organisational, information and analytical, pre-trial investigation and operational search activities, methodological, protection of public property interests, in the field of cooperation); 2) related to the organisation of effective performance of the above powers (careful treatment of property, ethical behaviour, etc.)

Correlation of the terms “social order” and “public order”, “social security” and “public safety”

K. O. Chyshko — Sat, 29 Jun 2024 00:00:00 +0300

It has been stated that the science of administrative law is faced with the issue of not replacing and/or unifying the terms “social order”, “public order”, “social security”, “public safety”, but rather with their coordination with each other, and as a result, it is proposed to focus on the difference between the adjectives “public” and “social”, which lies in the conditional scope of the concept “social”.

Public order applies to an indefinite number of persons and literally knows no boundaries, while social order is limited to a certain number of persons on the basis of certain characteristics or “interests”. It should be borne in mind that the terms “public order” and “public safety” are very broad concepts that include not only administrative offences and public order protection, but also a state (order) in which society is capable of progress and positive development with a minimum of fear that rights will be violated by third parties or due to the occurrence of special conditions.

Instead, social order and social security relate primarily to citizens or their individual groups in the state, it is essentially the establishment of the law and order in the country that is necessary to ensure such living conditions for citizens in which they feel inner harmony, have a stable psycho-emotional state and feel safe.

In conclusion, it has been noted that the proposed approach to understanding the analysed terms does not introduce an imbalance in the current legislation, and if this approach is used, it becomes possible to further harmonise the norms and approaches of international and national legislation. Moreover, if used, it levels the debate on the tasks of the police, since, while ensuring public order and security, it carries out much broader activities to detect, prevent and suppress administrative offences, which is one of the areas of police work under Article 23 of the Law of Ukraine “On the National Police”. Therefore, the terms under study can coexist, provided that the correct approach to their understanding is chosen, without any radicalism, but it is still advisable to clarify the provisions of the Law of Ukraine “On National Security”.

Specific features of the regulatory definition of incentive criminal sanctions for criminal offences and the ways to improve their application

A. S. Kobzina — Sat, 29 Jun 2024 00:00:00 +0300

The subject matter of the article is incentive sanctions as a type of criminal law sanctions in the context of their application when a person commits such type of criminal offences as criminal misdemeanours. The study of such sanctions is aimed at identifying the problems of their regulatory definition and finding possible ways to improve these sanctions.

Given that there is a significant number of studies on incentive sanctions of the General Part of the Criminal Code of Ukraine, the article focuses on the sanctions of the Special Part of the Criminal Code of Ukraine which are incentive sanctions and may be applied for criminal offences. In researching this issue, the methods of analysis and synthesis, the dialectical method and the method of comparison were mainly used. The first study of the problems of regulatory certainty of incentive sanctions for criminal offences has been carried out, and the shortcomings of the regulatory definition of certain sanctions have been identified and the problems of their application have been clarified, taking into account the content of the dispositions of such articles.

Among the incentive sanctions of the Special Part of the Criminal Code of Ukraine, the sanctions contained in Part 3 of Article 175, Part 4 of Article 309, Part 4 of Article 311, Part 6 of Article 361 of the Criminal Code of Ukraine are considered. In the course of the study, the article reveals the shortcomings of the statutory definition of such sanctions with due regard to the dispositions of certain articles. Based on this, and taking into account the doctrinal approaches, the study provides substantiated proposals for improving the regulatory certainty of incentive criminal sanctions under these articles.

The suggested proposals may be considered in the course of rule-making and, if enshrined in the CC of Ukraine, will contribute to more efficient application of incentive provisions and achievement of the purpose of their application. In this regard, the problems of regulatory definition of incentive sanctions under Part 3 of Article 175, Part 4 of Article 309, Part 4 of Article 311, Part 6 of Article 361 of the CC of Ukraine are analysed and reasonable proposals for their improvement are made with due regard to the purpose of application of such sanctions.

Criminal liability for the commission of war crimes: analysis of the corpus delicti of unlawful encroachments

V. V. Sokurenko — Sat, 29 Jun 2024 00:00:00 +0300

The need for a criminal law analysis of military-violent crime is substantiated given the ongoing armed conflict in Ukraine, the annexation of some of its territories and the open calls of the russian authorities to destroy the Ukrainian nation and incite hatred towards everything that identifies Ukraine as a sovereign independent state. The classification of war crimes in the context of the armed conflict in Ukraine is proposed depending on the category of victims Military violent crimes in the context of the armed conflict in Ukraine should be divided into two groups of offences depending on the category of victims. The first group of such unlawful encroachments includes war crimes against the civilian population (Article 433; parts 1 and 2 of Article 438 of the CCU – violation of the laws and customs of war regarding rape and sexual violence, enslavement and torture, forced displacement of civilians, intentional killing of civilians; Article 442 of the CCU). The second group of military-violent offences includes military-violent crimes against servicemen (Article 434 of the Criminal Code of Ukraine; Part 1 of Article 438 of the Criminal Code of Ukraine – violation of the laws and customs of war regarding the ill-treatment of POWs, including cases of use of prohibited means and methods of warfare, as a result of which a serviceman was recognised as a victim).

The approaches to the interpretation of certain features of the objective and subjective sides of the corpus delicti of the relevant military-violent crimes in the course of law enforcement are analysed and clarified, and recommendations aimed at forming a unified law enforcement practice regarding their criminal law qualification are provided The emphasis is placed on the fact that for the purpose of qualification and distinction from other war crimes of violation of the laws and customs of war in various forms of the objective side of Part 1 of Article 438 of the CC of Ukraine, not only the features of the objective side, the disposition of which is of a blanket nature, are important, but also the features of the subject of this criminal encroachment, which is not limited to the fact that it can be only a combatant. The author offers recommendations on the qualification features of various types of military violent crimes and their distinction from crimes against humanity, taking into account the existing doctrinal positions.

Peculiarities of the examination of citrus fruits (mandarins) during the forensic examination

M. V. Harbuz , L. Yu. Ulybina — Sat, 29 Jun 2024 00:00:00 +0300

In today’s environment, the issue of ensuring the identification and safety of imported products is of particular relevance, which is aimed at the successful functioning of the state in the global economy and the reduction of technical barriers to trade. The article discusses the peculiarities of conducting an examination of citrus fruits, in particular, tangerines, with a view to their further classification in the Ukrainian Classifier of Goods for Foreign Economic Activity.

Approaches to the classification of citrus fruits in the process of commodity examination are summarized. The diagnostic tasks to be solved by the forensic expert during the study of citrus fruits are defined, which will allow to have more analytical information from this category of goods. The main identification tasks of the commodity examination of citrus fruits, in particular mandarins, are: determination of the variety or species of mandarins, detection of certain quality markers, determination of origin, assessment of the degree of freshness and maturity, detection of deviations from standards. Modern methods of analysis are indicated, which allow to carry out research on tangerines at the molecular, chemical and morphological levels in order to obtain objective information about their quality, safety and other characteristics that may be important in court proceedings. The main aspects of microbiological methods during the examination include: detection of pathogenic microorganisms (analysis for the presence of pathogenic bacteria such as Salmonella, E. coli and Listeria monocytogenes), determination of the level of the total microbial flora, assessment of the degree of rot and mold, determination of the effectiveness of preservatives and other preservation methods, assessment of compliance with food safety standards. Systematization of information data on characteristic defects of citrus fruits (tangerines), namely: rot, mold, mechanical damage, weak skin color, increased acidity, defects in shape or size (identified defects are of natural origin) is presented. Defects that are characteristic of low-quality products with signs of deterioration: rot, mold, mechanical damage, signs of drying or desiccation, heterogeneity in color and texture. The mechanism of forensic commodity examination of citrus fruits (tangerines) is described.

Principles of the victim’s representation in criminal proceedings

I. O. Yemets — Sat, 29 Jun 2024 00:00:00 +0300

Based on the analysis of the provisions of criminal procedure legislation, provisions of international legal treaties, and European Union law, and on the basis of generalisation of theoretical positions of scholars, and also taking into account the proven experience of certain European States, it has been substantiated that the principle of victim representation is one of the fundamental principles of criminal proceedings. It has been proved that representation of victims in criminal proceedings is an indispensable guarantee of the principle of equality before law and court, access to justice and binding nature of court decisions, competitiveness of the parties and freedom to present their evidence to court and to prove their convincing nature before the court, etc.

It has been determined that on the way to European integration, Ukraine may need to revise certain provisions of the institute of victim representation in criminal proceedings, in particular, to determine the grounds for mandatory free-of-charge participation of a victim’s representative, at least in some categories of cases. It has been argued that victim representation should be carried out in compliance with the general principles of criminal proceedings, as well as the principles of: voluntariness; legality; competence; initiative; cooperation and effective communication with other participants to criminal proceedings.

It is suggested that these provisions should be used in further scientific research as a basis for reforming criminal procedure law in the context of introducing proven foreign practices into the victim representation activities. It has been determined that the prospects for further research should include the mechanisms for implementing international standards of victim representation, problematic aspects of victim representation in criminal proceedings, and the principles of representation of a witness, a civil plaintiff, and a civil defendant.

Special criminal investigation (in absentia): problematic issues of a defence counsel's participation

M. М. Kolomoitsev — Sat, 29 Jun 2024 00:00:00 +0300

Based on the analysis of the criminal procedure legislation and generalisation of theoretical developments, the article identifies some peculiarities of legal regulation of the institute of special criminal proceedings (in absentia). The author identifies the categories of cases (types of criminal offences) and procedural grounds which are sufficient to initiate a pre-trial investigation in the form of special criminal proceedings. The need to exclude certain articles from the list of those listed in part 2 of Article 297-1 of the CPC of Ukraine in order to bring them in line with the provisions of the Criminal Code of Ukraine is emphasised.

The peculiarities of defence counsel’s participation in special pre-trial investigation and court proceedings are analysed. It is determined that a defence counsel in such cases benefits from all the rights guaranteed to a suspect or an accused person in criminal proceedings. In view of this, and in the context of ensuring such fundamental principles of criminal proceedings as the right to defence, adversarial proceedings, observance of human rights and freedoms, access to justice, etc., the author emphasises the need to amend the current criminal procedure legislation to ensure that the defence counsel can appeal against the investigating judge's decision to conduct a special pre-trial investigation

The problematic issues of defence counsel's participation are characterised, and the inadmissibility of his/her formal participation in criminal proceedings is emphasised. It is determined that the active actions to be taken by the defence counsel involved include familiarisation with the case file, choosing the defence position, participation in the trial and examination of evidence, participation in the debates, etc. The author emphasises the need for further research on the development of the practice of active participation of defence counsel in special criminal proceedings.

Scientific discussions on conducting different types of examination during the investigation of fraud in the field of electronic payments

M. V. Lepei — Sat, 29 Jun 2024 00:00:00 +0300

The article is devoted to consideration of some aspects of investigation of fraud in the sphere of electronic payments. The author analyses the peculiarities of conducting various types of examination in criminal proceedings of this category.

It is noted that inspection is the primary investigative (detective) action in the vast majority of criminal proceedings, since it solves the task of the initial stage of investigation to collect material evidentiary information of a criminal offence. In the course of investigation of fraud in the field of electronic payments, this procedural action does not lose its importance, since in many cases certain material traces remains at the place of commission of the unlawful act and in the electronic computing equipment used to commit it.

It is also emphasised that the mandatory investigative (detective) actions at the initial stage of investigation of fraud in the field of electronic payments are inspection of the scene and inspection of electronic computing equipment.

Based on the study of criminal proceedings, the article indicates that the objects to be examined during the inspection of the scene include the premises where the fraudulent acts were committed, other places where fraudulent acts were committed, the fraudster's smartphone, and paper data carriers.

It is determined that the main points in the inspection of electronic computing equipment are to find out passwords and access codes, as well as to establish specific information on the machine media. It is found that the involvement of IT specialists in the inspection of electronic computing equipment is a mandatory measure in the course of procedural actions.

The influence of psychological characteristics of a personality on the tactics of forensic psychiatric examination

O. P. Makarova — Sat, 29 Jun 2024 00:00:00 +0300

The article examines the influence of psychological characteristics of a personality on the tactics of forensic psychiatric examination.

A forensic psychiatric examination is a comprehensive study of a person’s mental state, which is carried out with the aim of establishing the person’s ability to bear responsibility for his or her actions. The results of the examination may have a significant impact on the course of criminal proceedings and the determination of the penalty. In addition to the mental disorder, the results of the examination may also be influenced by the psychological characteristics of the defendant's personality.

Psychological features of a person are stable individual psychological characteristics that determine a person’s behaviour in different situations. They include such properties as temperament, character, emotionality, will, personality orientation, intelligence, value orientations, etc. These characteristics can affect how the defendant perceives the examination situation, how he or she behaves with the expert, how he or she answers questions, and how he or she assesses his or her own mental state.

Understanding the psychological characteristics of the defendant's personality allows the expert to: optimise the examination methodology, i.e. the choice of research methods and tactics of interviewing the defendant depends on his/her psychological characteristics; increase the objectivity and reliability of expert opinions, i.e. the expert must take into account the possible influence of psychological characteristics on the defendant's behaviour and answers; avoid mistakes and bias in the examination (the expert must be objective and impartial).

Psychological characteristics of a person are not static, they can change over time under the influence of various factors. Therefore, the expert must take into account not only the stable psychological characteristics of the defendant, but also his or her current emotional state.

The study of psychological characteristics of a personality and their impact on the tactics of forensic psychiatric examination is important for improving the quality of examinations. Understanding these features allows the expert to assess the defendant’s mental state more objectively and reliably.

Mechanism of criminal activity aimed at unlawful seizure of business entities’ assets

S. A. Tiulieniev — Sat, 29 Jun 2024 00:00:00 +0300

Based on the analysis of the investigative and judicial practice of investigation of criminal offences related to raiding, and also on the generalization of theoretical developments on the mechanism of criminal activity, the article proves that the mechanism of criminal activity of raiders is complex and multifaceted, since it is manifested in a variety of criminal offences which may sometimes even be embodied by criminal technologies. Based on the scientific research carried out, depending on the object and subject matter of the offence, it has been established that criminal offences related to raiding can be classified into several groups. In this regard, it is proposed that in the context of cognition of the criminal activity of raiders, the author distinguishes a specific mechanism of criminal activity, which should be understood as the internal systemic order of interaction of the forensically significant elements of criminal activity of a raider, a group of raiders and factors of objective reality, which is caused by the object and subject of criminal encroachment and is a reflection of criminal activity and is manifested in a group of constituent elements covering forensically significant information.

It is determined that the constituent elements of the species mechanism should be considered to be the situation, the subject matter of the criminal offence, the totality of actions of the offender and other persons associated with him/her, the behaviour of the victim and the actions of persons who were accidental participants to the criminal offence or were otherwise involved in the implementation of the criminal intent of the raider, a group of raiders, and the correlations between the actions of the offender and the criminal result which occurred as a result of the criminal actions of the offender.

It is emphasised that the prospects for further research should be detailed characteristics of the outlined elements of the specific mechanisms of each of the identified groups of criminal offences related to raiding.

Biological samples for examination: concepts, conditions, sampling tactics

M. H. Shcherbakovskyi, A. M. Protsenko, A. E. Volkova — Sat, 29 Jun 2024 00:00:00 +0300

During the commission of crimes, traces of biological origin are left on the objects of the environment, tools, clothing, and the body of the participants. To conduct an identification study, an expert needs to compare the traces of the crime with biological samples of the person being tested. Criteria for determining biological samples are proposed. The biological criterion means that the samples reflect the internal and external properties of a person as a biological organism. The informational criterion is that the samples meet certain requirements: undoubted origin, required quantity, proper quality, compatibility with traces of crime. The identification criterion establishes that the human properties reflected by the samples are individual, stable, cannot be deliberately altered by a person and are suitable for identification. The procedural criterion means that biological samples must be collected in a lawful manner. Based on these criteria, biological samples for examination include: body parts; secretions as products of human activity; imprints of the skin relief of the human body.

The mandatory participants in the collection of biological samples as a procedural action are: persons from whom biological samples are collected; officials who conduct the collection of samples and are responsible for its legality and validity; a specialist or expert; witnesses; employees of the relevant law enforcement agencies (in the case of compulsory collection of biological samples). Optional participants are a defence counsel, legal representative, representative, lawyer, doctor at their request.

During the compulsory collection of biological samples, in order to ensure the legality, objectivity, reliability of the objects of expert research, preservation of health and observance of human rights, it is necessary to comply with legal, ethical, medical and forensic conditions. The author proposes a general algorithm for the tactics of obtaining biological samples for examination at the stage of pre-trial investigation, which includes the preparatory, working and final stages.

Experience of foreign countries in ensuring procedural guarantees of the rights of participants in criminal proceedings

A. V. Piddubna — Sat, 29 Jun 2024 00:00:00 +0300

The fundamental rights, freedoms and legitimate interests of a person, being subject to the greatest restrictions during criminal proceedings, are guaranteed by the existence of substantive and procedural rules in the legislation aimed at protecting, defending and implementing procedural guarantees of participants in criminal proceedings. The dynamics of social, political, economic and legal life, the social mentality of today, as well as convergence processes determine the adaptation of national criminal procedure legislation to International law. However, the issues of adaptation of national legislation to the provisions of foreign legislation in terms of guaranteeing each participant in criminal proceedings the protection, defence and realisation of their rights, freedoms and legitimate interests in accordance with international standards remain controversial. At the same time, there are a number of gaps and inconsistencies in the provisions of the criminal procedure legislation, the gradual elimination of which will allow Ukraine to reach the international level as a state that guarantees each participant in criminal proceedings the protection, defence and exercise of their rights, freedoms and legitimate interests in accordance with European standards, as well as reduce the number of applications to the European Court of Human Rights.

Based on the results of the study, and on the basis of a selective analysis of foreign experience of certain countries, the article identifies the existing problematic issues related to the guarantee of the rights of participants to criminal proceedings, and also formulates proposals for improving criminal procedure legislation in this area, using international experience. The problematic areas of guaranteeing the rights of participants to criminal proceedings include the legal status of individual participants to criminal proceedings, compensation for damages, and the use of procedural terminology. In order to improve and bring the criminal procedure legislation of Ukraine closer to international standards in terms of protection, safeguarding and realisation of the rights, freedoms and legitimate interests of participants in criminal proceedings, the following proposals have been presented: to establish a unit, body or organisation for the protection of the rights, freedoms and legitimate interests of witnesses with the development of appropriate programmes for their protection; to introduce the use of separate procedural terminology; to develop a procedure for granting and exercising the right to free legal aid to victims, civilians as well as the procedure for compensation for damage caused by a criminal offence.

Improvement of the conceptual principles of activity of the Ministry of Internal Affairs of Ukraine as a subject of the formation and development of the internal security environment of the state

K. L. Buhaichuk — Sat, 29 Jun 2024 00:00:00 +0300

The publication explores a new method of assessing the security environment based on indicators developed and approved by the Ministry of Internal Affairs of Ukraine. A SWOT analysis of the current state of the MIA system was conducted, on the basis of which its strengths and weaknesses have been identified, as well as possible external opportunities for development and the threats that accompany them.

It has been emphasized that the activity of the Ministry of Internal Affairs of Ukraine in the direction of the formation and development of the security environment is limited only to the definition and description of the indicators of this environment. At the same time, it has been concluded that such an assessment should lead to the adoption of appropriate regulatory and organizational measures, which, taking into account the challenges caused by the aggression of the occupying country, should be implemented in all bodies and units of the system of the Ministry of Internal Affairs of Ukraine.

It has been noted that in modern conditions it is necessary to pay attention to the strategic directions of the development of the MIA system and the introduction of the best foreign practices of law enforcement into its activities, as well as directions related to military affairs and issues of civil protection of the population. It is also appropriate to work out the issue of defining key criteria and performance indicators of the Ministry of Internal Affairs system regarding the formation and development of the internal security environment.

On the basis of the conducted scientific analysis of existing security threats, taking into account the latest changes in the current legislation of Ukraine, key directions for improving the conceptual foundations of the Ministry of Internal Affairs of Ukraine as a subject of the formation and development of the internal security environment of the state have been developed.

Optimisation and improvement of police officers’ special rank types

Ye. I. Harkavtsev, M. O. Koteliukh — Sat, 29 Jun 2024 00:00:00 +0300

The article examines the process of reforming the law enforcement system in Ukraine, in particular the creation of the National Police in 2015, and its impact on the rank system of police officers. Special attention is paid to the main changes that occurred as a result of this reform. In particular, such positive aspects as bringing police standards closer to the European level, as well as creating a new police uniform and changing the rank system are highlighted. It is important to note that the reform is aimed at improving the efficiency of law enforcement agencies and their interaction with the public. The article also highlights the problem of the lack of additional ranks and limited career opportunities for junior police officers, which can lead to professional burnout and reduced staff motivation.

An analysis of the positive experience of using the extended rank of junior and sergeant ranks in countries such as Canada, Germany, Greece, Spain, as well as the states of Virginia and Delaware in the USA is conducted. The proposed ways of solving the shortcomings in the rank system are aimed at improving the working conditions and motivation of the police personnel. In addition, it is proposed to introduce new ranks for junior and non-commissioned officers of the police in order to stimulate further self-development of professional skills and career growth prospects. In addition, each new rank will have separate duties and functions that will facilitate mutual assistance and cooperation with other police officers. It is also important to emphasise the need to update the design for cadets of higher education institutions with specific learning conditions and lyceums.

Implementation and optimisation of intelligent police systems based on artificial intelligence

D. O. Zhadan, M. V. Mordvyntsev, D. V. Pashniev, O. V. Khlestkov — Sat, 29 Jun 2024 00:00:00 +0300

The rapid development of artificial intelligence provides new opportunities for law enforcement agencies. Nowadays, the developed countries of the world are increasingly using surveillance cameras to monitor public safety, detect criminals and suspicious objects. The facial identification systems on the market have tremendous potential to help law enforcement agencies. Facial recognition software helps to identify missing persons and criminals whose faces are caught on CCTV cameras. The use of artificial intelligence in such systems accelerates their operation, which, in turn, facilitates the quick search for suspects and their rapid apprehension. Modern video surveillance systems can help counter terrorist attacks by tracking and identifying people and suspicious objects. On the other hand, the issue of personal data protection and privacy when using CCTV cameras to identify people's faces is increasingly being discussed. The obvious solution to this problem is to regulate it at the legislative level, in particular, to introduce guidelines aimed at ensuring transparency and accountability of the use of facial recognition software.

For a more objective understanding of the circumstances which should be regulated by law, the author conducts a study of modern technical solutions in the field of facial identification with integrated artificial intelligence, their features and possibilities of use in the work of the National Police of Ukraine, and also identifies the steps which outline the sequence of actions during objective facial identification of people and ensure the high quality of this process and the reliability of its results.

Theoretical approaches to improving the terminological apparatus of psychodiagnostic research in the system of the Ministry of Internal Affairs of Ukraine

V. I. Barko, V. V. Barko, O. O. Yevdokimova — Sat, 29 Jun 2024 00:00:00 +0300

The article provides a comprehensive analysis of the basic concepts and terms used in the field of psychological diagnostics. The scientific approaches to the formation of terms and conceptual apparatus by which this branch of psychological science describes its subject of study are considered. It is emphasised that the development of science is determined primarily by the formation of terminology, that is, its language as a system of general and specific concepts that are reflected in certain terms and signs. It is stated that the language of psychodiagnostics is a complex, multilevel, integral system, the elements of which are categories, concepts, terms, symbols. It is shown that in the course of the development of psychology, the conceptual apparatus is continuously being improved, definitions are being clarified, and the terminological vocabulary is being enriched. The current state of development of psychodiagnostics, the formation of promising theories of assessment and measurement of individual characteristics have necessitated the clarification of its terminological apparatus, a significant number of concepts, definitions, which are often contradictory, through the use of various approaches and terminological elements. It is emphasised that the conceptual and terminological apparatus of psychodiagnostics should be developed on the basis of modern realities, abandoning outdated approaches to the definition of certain concepts, and that work towards clarifying and unifying terms requires special care and validity.

With a view to improving the terminology, the author provides clarifications of some common definitions. Thus, it is proposed to distinguish between the concepts of “qualities” and “traits”, since “quality” corresponds to the Kettellian term “superficial” or “primary” trait and the Allportian term “secondary” or “secondary” disposition, and the concept of “trait” is more generalised, it summarises the existence of a significant number of qualities. It is proposed to understand individual (individual psychological) properties as generalised characteristics of temperament, character, abilities, orientation, i.e. stable mental phenomena which influence human activity, characterise a personality from the psychological and social aspects and are implemented in society. In addition, it is proposed to clearly distinguish between the concepts of “qualities”, “traits”, “features”, to introduce the terms “individual and personal properties and traits”, and to differentiate psychodiagnostic tools for the study of constitutional, individual and personal traits.

Psychological and gender specific correlates of aggressive behaviour in military personnel

Ya. S. Ponomarenko, N. V. Hresa, V. M. Filonenko — Sat, 29 Jun 2024 00:00:00 +0300

Participation in conflicts can have a significant impact on the manifestation of aggression among military personnel, especially those who have had intensive combat experience in war zones. The key aspects of gender psychology and the influence of military factors on aggressive behaviour are considered. The term “gender-based aggression” in military personnel is proposed, which reflects the concept that describes the difference in the manifestations of aggressive behaviour depending on the gender characteristics of a person. It is used to analyse and understand how gender and psychological factors influence the perception and expression of aggression among men and women, particularly in the context of military settings. The purpose of the study is to identify and analyse the psychological and gender factors associated with aggressive behaviour of military personnel.

The study was conducted with 89 combatants, including 47 men (first group) and 42 women (second group). To achieve this goal, the Aggression Level Questionnaire by A. Bass and A. Darkey. The 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).

It has been empirically found that men have a higher tendency to indirect aggression and a high level of mistrust, while women show less physical and verbal aggression. The aggression index scores of both groups of servicemen are within acceptable norms, which indicates that the overall level of aggression among them is satisfactory. However, the hostility index score was higher than the normative values in both groups, indicating an increased tendency to hostile behaviour and conflict among servicemen. The results emphasise the importance of an individual approach to psychological support for servicemen and women, taking into account their gender identity. The findings of the study can serve as a basis for developing effective strategies for managing stress and conflict in the military environment and are an incentive for further research in the field of gender psychology.