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1

Principles of the Law-Enforcement Function of the State: Administrative and Legal Aspects

100%
Bespalova O.
Internal Security
|
2013
|
vol. 5(1)
215-224
EN
In the article we prove that the sphere of the implementation of law enforcement functions of the state is one of the most important areas that need proper administrative and legal regulation. Achievement of proper functioning of the law enforcement sphere is possible as a result of improvement of the implementation of law enforcement functions of the state by improving the efficiency of each of its components. The administrative and legal mechanism of the implementation of the law-enforcement functions of the state is defined as the totality of administrative and legal means, the use of which creates the conditions necessary for effective activity of the relevant executive authorities implementing law-enforcement functions of the state that, as a result, should lead to appropriate levels of safety and protection of fundamental rights of man and citizens, to a reduction in criminalization of society, and to improvement of public confidence in law-enforcement agencies. Establishment and functioning of effective administrative and legal mechanisms help ensure the proper implementation of law-enforcement functions of the state, implementation of effective influence on social relations that arise in the field of law enforcement, the establishment of effective interaction between the state and citizens, which is the accepted standard of public administration in all democratic countries. One of the key elements of administrative and legal mechanism in the implementation of law-enforcement functions of the state are the principles of the implementation of law-enforcement functions of the state, which establish the basic requirements of the relevant executive authorities in the sphere of the implementation of law-enforcement functions of the state. In defining the term “principles of law-enforcement functions of the state”, the main principles of law-enforcement functions of the state include the following: supremacy of law, the rule of law, the priority of ensuring the rights and freedoms of man and citizen, the equality of citizens before the law (prohibition of discrimination); prohibition of abuse of power, competence and professionalism, transparency and openness, mutual responsibility of the state and mankind. The content of the basic principles of law-enforcement functions of the state is presented. Compliance with the principles of law-enforcement functions of the state will increase the confidence of institutions of civil society to the executive authorities, increase the legal security of citizens and promote dialogue between society and government.
2

The Reasons for Failures in the Reform of Law-Enforcement Agencies and Lessons for the Future

100%
Kalasznik M.
Internal Security
|
2013
|
vol. 5(1)
239-246
EN
Global democratic changes affect the law enforcement system that should guide public authorities to create the right conditions for citizens to exercise their rights and freedoms. The Concept of Development of the Ministry of Internal Affairs, adopted in 1996, carried a package of reforms that were sufficient for the time being provided their implementation had been timely. However, a variety of social, economic and political failures led to the situation when the level of development of the Ministry of Internal Affairs of Ukraine as a whole remained virtually the same, but the reform process acquired negative traits. In the XXI century, interest in reforms increased: there was a plan of action for the restructuring of the internal affairs bodies at the central and local levels and the Commission on reforming law enforcement agencies in Ukraine was established. Yet, specific changes didn’t follow — the lack of consistency and professionalism in the development of a new legal framework and effective concept could be observed for almost a whole decade. However, it was possible to introduce regulatory and legal, structural and institutional changes, as well as to implement a number of positive steps to ensure full consideration of citizens’ petitions about crimes and other events. There have been qualitative changes to the work of police officers and units were radically re-equipped, which not only improved working conditions for officers, but also the conditions of detention for offenders. At the same time, a long term plan of action was developed by the Interior Ministry of Ukraine in the sphere of European and Euro-Atlantic integration and cooperation. However, due to the incompleteness in the implementation of the reforms, many unresolved problems remain and these hinder further development.
3

Joint Investigation Teams in the European Union

100%
Klimek L.
Internal Security
|
2012
|
vol. 4(1)
63-78
EN
The paper deals with the joint investigation teams in the EU that are considered as a necessary tool to enhance the internal security of the EU. They are the desired instruments for international cooperation of judicial and law enforcement authorities in the fight against organized cross-border crimes as well as a useful tool in facilitating mutual assistance in criminal matters between the Member States of the EU. Joint investigation teams have demonstrated their usefulness in investigating the most serious forms of criminality such as terrorism or drug trafficking. The paper firstly focuses on the development of joint investigation teams and their legal basis at the level of the EU, namely the Convention on mutual assistance in criminal matters between the Member States of the EU and the Framework Decision on joint investigation teams. Further, it introduces the establishment of joint investigation teams. JITs are established on the basis of a written mutual agreement between two or more Member States of the EU. Special attention is focused on national experts of joint investigation teams and the participation of Europol and Eurojust in joint investigation teams. Both Europol and Eurojust were established to support Member States of the EU in the fight against serious organized cross-border crime. Both of them can participate in JITs separately as well as jointly. Moreover, it discusses their implementation in the European Union legal system, as well as common problems.
4

Trafficking in Human Beings as an Extreme Problem in Ukraine

100%
Vasylenko O.
Internal Security
|
2010
|
vol. 2(2)
33-44
EN
Problem of trafficking in people is extremely critical for the Ukrainian society, government and law enforcement. Ukraine is considered as one of the major source countries for trafficking of women and children together with the other Eastern European countries – former Eastern Soviet bloc countries such as Albania, Moldova, Romania, Bulgaria, Russia, Belarus. However, Ukraine is not only a source, but also a transit and destination country for men, women, and children trafficked for various forms of exploitation – forced labour, porno business, donors for the transplantation of tissues and organs, etc. Trafficking in human beings in some cases is controlled by large criminal organizations; however, the majority of trafficking is done by networks of smaller groups, each specializing in a certain area, like recruitment, transportation, advertising, or retail. Therefore, the definitions of this phenomenon, its forms and methods of counteracting, in particular legislative and judicial support, international cooperation are analyzed in the article.The counter-trafficking activities of the law enforcement, governmental and non-governmental organizations involved in combating trafficking in people are presented in the paper. It has been also suggested that the critical situation of trafficking in people in Ukraine requires consolidation of efforts by legislative, law enforcement and judicial bodies, central and local bodies of executive power and bodies of local administration as well as international and non-governmental organizations.
5

Problem of Cybercrime in Ukraine: Spread of, Specific Nature, and Methods of Fighting

100%
Vasylenko O.
Internal Security
|
2012
|
vol. 4(1)
153-164
EN
The article analyses the situation concerning the spread of cybercrime in Ukraine. Despite the low level of Internet usage, and that cybercrime is not an immediate threat to the average Ukrainian, Ukraine has become a place where, in the opinion of European experts, cybercrime long ago became a branch of business. The factors which caused such situation are disclosed. Computer crime, or cybercrime, is defined as the use of computer as an instrument to further illegal ends. The specific nature of cybercrime in Ukraine as well as characteristics of cyber criminals, including age and social status, are given in the article. It deals with the necessity to maintain legislation in order to fight cybercrime and the practical measures which were taken by the government such as forming the Department for Combating Cyber Crime in the structure of the MIA, creating the Interdepartmental Organized Crime Research Center etc. Also the new CC significantly toughened the punishment for committing cybercrimes. Thus, the fight against computer crimes as typical cross-border crime can be facilitated by the appropriate international and national legislative base, a range of organizational measures (including professional training) and special technical support.
6

Procedure Analysis of the Special Investigative Actions Through Cyberspace in Countries of Common and Continental Law

100%
Manzhai O.
Internal Security
|
2012
|
vol. 4(1)
141-152
EN
Using information technology in crime investigations are attracting more and more scientific attention. Such technologies are often used by law enforcement authorities in combating cybercrime. The word cybercrime means using virtual space, i.e. cyberspace (it’s the author's opinion that it is an information space that is formed by using information and telecommunication systems during the interaction between people, the interaction of information and telecommunication systems and people management of these systems), for criminal activities. The methods for fighting such crimes in the process of special investigation activity should include not only standard techniques, but also the appropriate use of cyberspace.This trend is not only nationwide for Ukraine, after all, the world's methods of special investigative activity through cyberspace is constantly being improved. And this is not a coincidence. In this article the question of the special investigative actions through cyberspace in different states (Germany, Russian Federation, United Kingdom, United States of America, Ukraine) is probed. A difference between “special investigative actions” and “investigative actions” is exposed. Some ways in which the fight against cybercrime is carried out in different countries, are considered. A change in the legislation of Ukraine in relation to the use of cyberspace by law enforcement authorities is suggested.
7

Exercise of Criminal Procedural Jurisdiction by Consular Officers in the Compound of Diplomatic Missions and Consular Posts

100%
Litvishko P.
Internal Security
|
2012
|
vol. 4(1)
89-98
EN
The article contains analysis on the specifics of conducting investigative and other procedural actions by consular officers in the framework of consular legal assistance in criminal matters for competent authorities of the sending state. The importance of this consular function increases significantly in the circumstances of the impossibility for law enforcement authorities of the sending state to carry out independent activity on the compound of its foreign mission without the consent of the receiving state. Some legal implications of conducting procedural actions by consuls are highlighted with due consideration to the fact, that the compound of a foreign mission constitutes the territory of the receiving state (problems of voluntariness on the part of the participant of the action, permissibility of advising him of criminal responsibility, participation of lawyers and law enforcement officers of the sending state, limited application of the law of the sending state), as well as the issues of obtaining the receiving state’s permission to carry out respective actions, certain limitations on them (depending on the nationality of the participant of the action etc.). The article also deals with the terminology used to define the said kind of legal assistance in international treaties and domestic law. In terms of legal regulation and practical application of that consular function, of particular interest are those existing in Germany (detailed regulations and application in extraordinary cases), Poland (precedence over international legal assistance in criminal matters) and Russia (inconsistency of legal regulations and non-application of that institution). The author’s conclusion is that in spite of its certain inherent disadvantages, this kind of legal assistance can play a very significant role in the practice of law enforcement.
8

Former and Current Concepts of the Pre-Trial Investigation Organization

100%
Navickienė Ž.
Internal Security
|
2013
|
vol. 5(1)
173-186
EN
The article analyzes the concept and content of the pre-trial investigation organization. Based on the various approaches to the subject, the author compares former and current concepts of the pre-trial investigation organization. Despite the fact that an agreed approach to the elements of the pre-trial investigation organization has not been defined, the concept and content of this process is observable. The current changing content of the pre-trial investigation organization does not only include the elements of an organizational and technical character. The modern concept of the pre-trial investigation organization adopts a much wider approach — inherent in this process is a synthesis of multi-complex elements and these include key principles of modern management, educology, criminal procedure, and criminalistics. Therefore it is possible to predicate a coherence between the modern concept of the pre-trial investigation organization and indicators related to the quality of the pre-trial investigation organization — not only cooperation of the participants in the pre-trial investigation but also their competence and qualification. The aspects identified within the content of the modern concept of the pre-trial investigation organisation provide reasonable assumptions for the construction of a model of the organization of the pre-trial investigation. The creation and application of such a model may in the future have an adaptive nature, meaning that it would facilitate optimisation of the process of the pre-trial investigation organisation — organise work in pre-trial investigation units more effectively by means of cooperation, avoid conflict in the powers of pre-trial investigators and prosecutors, adjust the mechanism of determination of pre-trial investigation participants’ qualification and competence, characterised by a requirement for obligatory qualificats, and the primacy of professional activity.
9

Trafficking in Human Beings – New Moments in Bulgarian Legal System and Law Enforcement

100%
Sevdova Petrova T.
Internal Security
|
2012
|
vol. 4(2)
61-76
EN
The article concerns the aspects of phenomena of the human being trafficking in the context of Bulgarian legal system. The objective is to be examined a narrow but important group of questions considered as problematic. These new questions arose from the interpretative practice of the Bulgarian Supreme Court of Cassation and two of the recent changes in the Criminal Code – those from April 2009 and April 2010. The Author also describes the issues of the implementation of international legal standards regarding combating the human being trafficking into the Bulgarian national legal system. Many international instruments related to various aspects of trafficking in human beings are in force for the Republic of Bulgaria. They had become part of its national legislation directly or after transposition in an internal legal act. The article includes the constituent elements of the crime trafficking in persons according the Bulgarian Criminal Code and more seriously punishable cases of trafficking in persons according to this act. Those problems are connected with the differentiation of criminal responsibility and the ratio between the legal compositions or organisation of elements of certain crimes. On that basis are proposed some de lege ferenda stipulations in the Bulgarian Criminal Code. The presented in the article examples and explanations or discussed difficulties are valid for major group of cases concerning the investigation and punishment of the crime trafficking in human beings.
10

General Characterisation of the Criminal State of the City of Debrecen Between the Years 2000 and 2008

88%
Szabolcs M.
Internal Security
|
2011
|
vol. 3(1)
199-208
EN
Debrecen is the second largest city in Hungary (after the capital of Budapest) and, correspondingly, Debrecen Police station (Debreceni Rendőrkapitányság) is the second biggest in Hungary. The city is situated in the centre of Hajdú-Bihar County (Hajdú-Bihar megye) which is currently home to more than 40% of the county’s population so the city has the same structure of crime as any other big city of Europe. Being a criminal geographer, the author presents a study of the criminal situation in Debrecen in 2000-2008 according to the city police station. Even this period shows the difference but it would be much more outstanding if the period from 1989 to 2008 was examined. The research results apply mainly to the structure of crime in Debrecen and the crime rate is per 100　000 people. Then the city crime rates are compared to the rates all over Hungary. Having analysed the criminal situation from geographic point of view, the author comes to the conclusion that the structure of crime in Debrecen does not significantly differ from the regional or national results. On the other hand, it becomes obvious that certain types of crime are more characteristic and frequent in Debrecen and Hajdú-Bihar region than in other parts of Hungary. The author hopes that the results of his study will be used by both criminal geographers and the law enforcement experts.
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