СТАН ТА ОСОБЛИВОСТІ ПРОТИДІЇ КІБЕРЗЛОЧИННОСТІ В УКРАЇНІ В УМОВАХ ПАНДЕМІЇ COVID-19

Objective: analysis of forms of civil control over the activities of law enforcement agencies of Ukraine. Research methods: the research was conducted using general scientific methods, such as dialectical analysis and synthesis, abstraction, etc. and special methods by which the author analyzes the forms of civil control over the activities of law enforcement agencies of Ukraine. Results: the article examines the effectiveness of various forms of civil control in the field of law enforcement and compares such activities with the experience of the EU and the US. In particular, the control of US intelligence agencies, which includes the CIA, FBI NSA and others (a total of 15 bodies) is entrusted to parliamentary committees and is carried out in the following areas: consideration of the draft intelligence community budget and control over spending, development of legislation in intelligence activities; overseeing covert operations, approving presidential nominations for director and first deputy director of the CIA, and military intelligence chiefs, preparing reports for the relevant chambers of Congress on specific issues in which intelligence played a significant role. In the Republics of Poland, Romania, Norway, civil control over the activities of intelligence (law enforcement) bodies is also exercised by parliamentary committees with control measures, assessment of their effectiveness, ensuring human and civil rights and freedoms and disclosure within the interests of the state. reports, conclusions and information. Discussion: research of the role of the public in exercising control over law enforcement agencies of Ukraine through the prism of foreign and international experience. The role of public organizations is, of course, important for building the rule of law as a means of dialogue between government agencies and society. However, if civil control is exercised through public authorities, local governments, elected or formed by the majority of our society, the activities of various public associations are formed on other principles and financed from sources that are neither controlled by the state nor under the control of society. Introduction of forms of civil control used in NABU, NAPC, DBR pose a threat of pressure from members of such public councils and public organizations that formed them, on the heads and employees of law enforcement agencies.

The strategic development of Ukraine as a rule of law, social and democratic state, enshrining in the Constitution of Ukraine the provision on the highest social value of a person, his life and health, honor and dignity, integrity and security requires the formation of new approaches to the protection of human rights and citizens. The main content and focus of the state activities are human rights and freedoms and guarantees for their implementation. The Constitution of Ukraine imposes establishment and assurance of these rights and freedoms on the state in the person of the relevant bodies of executive power as its main duty. Activities to protect the rights and legitimate interests of citizens, individuals and legal entities against unlawful encroachment, ensuring the strict observance of law and public order, the fight against crime and other offenses are called law enforcement activities. Most of the activities on the protection of the rights, freedoms and constitutional freedoms of citizens, their protection against criminal encroachments are carried out by the law-enforcement bodies of Ukraine, which are the largest law enforcement agency in Ukraine. Modern requirements for the activity of law enforcement agencies in Ukraine determine the development of fundamentally new approaches in the analysis of such activities, methods and principles of its implementation, as well as the limits of its impact on the development of public relations in the country. At the same time, a number of issues remain open in the activity of the law enforcement agencies of Ukraine, which, at the theoretical and practical level, receive insufficient attention due to the inability of scientists to cover all relations in which law enforcement agencies are involved and which they influence. One of these problems is to determine the role and place of risks in the combat service of the National Guard of Ukraine (hereinafter - NG) of Ukraine and develop methods for their management in the practical implementation of tasks and functions assigned to the NG in accordance with the current legislation of Ukraine. The problem of risk management in combat service of NG is determined primarily by the search for alternative and new approaches to reducing the level of personnel and material losses in the performance of tasks to combat and counteract crime in Ukraine. The rapid development of science and technology, the emergence of new social relations lead to the emergence of new technical and human resources of criminals to achieve a criminal purpose in their anti-social activities. Traditional remedies for NG workers, including scientific ones, do not always become effective when performing operational tasks, since some of them are morally outdated today, that is, they rely on developments made in the past century.

The purpose of the article was to determine the specific features of public control over the activities of certain law enforcement agencies and to develop suggestions for their improvement. The methodological basis of the research is general scientific (method of philosophical dialectics, etc.) and special legal methods of cognition (systemic, theoretical and legal, formal and dogmatic, comparative, state modeling method, etc.) The authors have developed their own definition of the concept of public control over the activities of law enforcement agencies. In the conclusions it has been offered to develop and approve the Law of Ukraine «On public control over the activities of law enforcement and supervisory bodies», which would systematize all forms of public control provided for in the Ukrainian legislation. Finally, suggestions have been developed for the introduction of positive international experiences of public control over the activities of law enforcement agencies in various countries.

The article is devoted to the study of human rights guarantees in the activities of law enforcement agencies of Ukraine. Our survey of prosecutors and investigators has shown that the most common reason for the incomplete implementation of guarantees of the rights and freedoms of suspects and accused persons is the failure of investigators and prosecutors to comply with the provisions of the CPC of Ukraine in terms of ensuring guarantees of rights and freedoms. This opinion was shared by 64.6% of prosecutors and 31.8% of investigators; 23.1% of prosecutors and 59.1% of investigators supported the reason that suspects and accused persons were not aware of their rights and freedoms; 12.3% of prosecutors and 9.1% of investigators drew attention to the conflict of provisions of the CPC of Ukraine regarding guarantees of rights and freedoms. The authors concluded that emphasise that the main task of human rights guarantees is to ensure unimpeded realisation, protection and defence of human rights regardless of their status and position in the proceedings, protection against arbitrariness of the investigating authorities, and exclusion of the possibility of accusatory bias and, as a result, investigative and judicial errors.

In Ukraine, where the establishment of a democratic state governed by the rule of law is ongoing, the issue of public control over the activities of law enforcement agencies is becoming increasingly important. The Constitution enshrines the right of citizens to participate in the management of public affairs, which implies the need to involve them in mechanisms for supervising law enforcement agen-cies. Public organizations, as a structured form of civil society, play a key role in ensuring transparency, legality, and respect for human rights in the activities of the police, the prosecutor’s office, and other law enforcement agencies. The purpose of this article is to comprehensively examine the role of public organizations in mechanisms for supervising law enforcement agencies, analyze current Ukrainian legislation and international experience, and identify legal and practical problems in imple-menting the principles of openness and accountability. The authors consider forms of public participa-tion in monitoring the actions of the police and pre-trial investigation bodies, including the submission of appeals, participation in disciplinary commissions, the work of public councils, monitoring of human rights compliance, and access to public information. It is shown that current legislation grants pub-lic organizations significant powers, but their implementation often faces formalism and procedural restrictions. Particular attention is paid to judicial practice, where the participation of NGOs in the protection of public interests is limited by the requirements of justification of powers and compliance with statutory tasks. The objective side of the problem lies in the need to strike a balance between the independence of law enforcement agencies and effective public control. Subjectively, civil society representatives seek to ensure legality and the protection of human rights, without having sufficient legal mechanisms of influence. A comparison with international practice (e. g., in the United King-dom, the United States, Canada, and Germany) demonstrates the importance of institutionalizing civil oversight and creating independent structures for reviewing complaints against the police. The authors conclude that improving the national model of public oversight should include expanding the procedural rights of civil society organizations, strengthening their role in lawmaking, and develop-ing additional forms of participation in overseeing the activities of law enforcement agencies. Public oversight should not be decorative, but a real instrument of influence that contributes to strengthening trust in the law enforcement system and adherence to the principle of the rule of law.

Security sector reform is aimed at transforming the security sector to increase accountability, efficiency, humanism, the rule of law and gender equality in the structural units of the Ministry of Internal Affairs of Ukraine. One of the structural units of the Ministry of Internal Affairs of Ukraine is the National Police. Gender parity in the National Police is the key to ensuring the implementation of the reform and compliance with global trends in the development of the State. The purpose of the article is to carry out a theoretical analysis of scientific research on gender equality in law enforcement agencies of independent Ukraine from 1991 to the present. The methodological basis of the study is the fundamental principles of ensuring equal rights and opportunities for men and women in society. The study used the following methods of scientific research (cognition): theoretical research methods (ascent from the abstract to the concrete, transition from the concrete to the abstract), empirical research methods (comparison), complex research methods (abstraction, analysis and synthesis, induction and deduction), which contributed to the achievement of the research objective. The stages of scientific research on the problem of ensuring gender equality in law enforcement agencies of Ukraine are identified and substantiated: the first stage (1991 - October 2004); the second stage (October 2004 - November 2015); the third stage (November 2015 - present). It is determined that scientific research on the issue of gender equality in law enforcement agencies of independent Ukraine concerned the legal regulation of the work of women law enforcement officers and their social and legal protection, gendered styles of behavior of law enforcement officers, their psychophysiological differences and gender equality, psychological conditions for ensuring gender equality in law enforcement activities, and peculiarities of development of gender relations in interpersonal communication of law enforcement officers. Three groups of problematic issues arising in the work of a female law enforcement officer serving in the National Police of Ukraine are identified and described in detail. The practical significance of the study lies in the thorough analysis of scientific research on the issue of gender equality in law enforcement agencies of independent Ukraine and the identification of unresolved issues

The article investigates the genesis of the notion of "coercion" in the activities of law enforcement agencies of Ukraine. The issue set by the author is to justify a new doctrine of law enforcement practices, to indetify a proper place of coercive measures. The research is based on a three-part classification of administrative coercion measures, which was based on the selection of the criterion of the purpose of applying the administrative coercion measure. Accordingly, the purpose of preventing possible offenses and the occurrence of dangerous consequences for society necessitates the application of administrative and preventive measures; the purpose of termination of unlawful actions causes the application of measures of administrative termination; and the purpose of punishing those guilty of administrative misconduct is to apply administrative liability measures. The study revealed that the solution of scientific discussions concerning the concept, features and classifications of administrative coercion measures is not facilitated by the current regulatory policy. More specifically, the Law of Ukraine "On the National Police" stipulates that in order to fulfill its tasks, the police take measures to respond to violations, and apply preventive and coercive measures within their competence. At the same time, the Parliament, having foreseen the preventive measures in police activity, de facto identified them with administrative and preventive ones, which are substantiated by Ukrainian doctrine; measures to respond to offenses with measures to suspend and secure proceedings in cases of administrative offenses and criminal proceedings, but coercion measures include only physical power (force), the use of special means and firearms. Therefore, applying the logic of the previous research publications, it was identified a system of measures: preventive measures (traditionally denoted as administrative preventive), measures to respond to offenses (traditionally referred to as general measures to stop offenses) and coercive measures (special measures to stop offenses). Accordingly, the formal definition of the term "force" is narrower than defined by administrative and legal doctrine in the context of coercion in the activities of law enforcement agencies.

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

Trends in the development of higher professional education in the conditions of the information society confirm its transformation in accordance with the expansion of the spheres of professional activity and education related to the significant dynamics of the development of the information component of human life and society. The state of the development of the information society and information infrastructure of Ukraine determines the professional requirements of public and private structures for the training of specialists in the field of information security and information-psychological confrontation of technical, humanitarian and economic specializations. These areas of professional activity have been developing significantly in the last three decades, and the sphere of cyber security since the 2000 (with the notion of the national system of cyber security in Ukraine legally determined only in 2016). The content of the concept of cybersecurity covers not only technology, but above all human resource. Today, the majority of representatives of agencies involved in the national system of cyber security of Ukraine, note the urgency and the need for proper staffing by professionals of the relevant specialization. Theoretical analysis, generalization and definition of the role of cyber security in modern society and training of future specialists of the branch in higher educational institutions, tendencies of modernization for organization of educational processes on the basis of competence approach, system analysis of legislative, normative and regulatory basis, pedagogical experience of professional training of future cybersecurity specialists in higher education institutions. The scientific and technological revolution has caused deep system transformations around the world. First of all, due to the improvement of achievements in the field of the latest information technologies with the assets that arose on the basis of the rapid development of information and telecommunication systems, fundamentally new comprehensive issues – the information society, as well as informational and cybernetic spaces, which today cover virtually unlimited potential and play a leading role, have been formed, role in the economic and social development of each country in the world

The legal regulation of ensuring the safety of individuals performing tasks related to operational and investigative activities within the framework of criminal proceedings is a matter of great concern. Informal cooperation with law enforcement agencies is inherently dangerous, particularly for the person who has agreed to assist in carrying out operational and investigative tasks. This is why many developed countries have special programs to protect such individuals. In Ukraine, however, this remains a serious problem, as the issue of ensuring the safety of individuals who have agreed to cooperate with law enforcement agencies under the principles of confidentiality is not adequately addressed by legislative and regulatory acts. Additionally, there is a lack of scientific foundation to develop appropriate changes and additions to the legislation or to create new normative legal acts. Therefore, the goal of this article is to develop theoretical principles to ensure the safety of individuals who have agreed, under the principles of confidentiality, to assist law enforcement agencies in Ukraine. The implementation of the set goal involves solving a number of tasks: 1) determining the basic legal provisions that regulate and define the concepts of «security» and «ensuring security»; 2) developing relevant amendments to legislation, creating new legal acts to research specific risks to citizens’ economic security associated with a decrease in income during the imposition of martial law; 3) analyzing and defining human security in detail, including a more nuanced classification of types of such security; 4) conducting research on individual mechanisms of state regulation of the level of citizens’ economic security during the imposition of martial law. The article, for the first time, distinguishes between measures to ensure the security of a person who has agreed, on the basis of conspiracy, to provide assistance to law enforcement agencies in preventing threats and measures to overcome them. As a conclusion, it is proposed that measures to overcome threats to individuals should be presented not only in the norms of the Laws of Ukraine «On ensuring the safety of persons involved in criminal proceedings» and «On operational-search activity», but also in a separate chapter of the Criminal Procedure Code of Ukraine «Ensuring the safety of persons involved in criminal proceedings and engaged in carrying out its tasks». The addition of the Criminal Procedure Code of Ukraine with such a chapter should be carried out with the simultaneous improvement and «synchronization» of the provisions of the above-mentioned laws with the norms of criminal procedural legislation. This scheme could lead to a significant improvement in the state of legislative regulation of the security of various categories of individuals, including covert employees. Among other things, the mentioned chapter of the Criminal Procedure Code of Ukraine should define: grounds for applying security measures; criteria for assessing the reality of the threat (in this case, the fact of disclosing the data of a covert employee should be considered a sufficient criterion); the obligation of the investigator, prosecutor, investigative judge, court to make a decision on the application of the specified measures in necessary cases; the procedure for their application; and the entities that should take security measures.

The article is devoted to the establishment of cooperation relations between law enforcement agencies of Ukraine and Europol; the use of a network application of secure information exchange (SIENA), during the exchange of operational and strategic information. The problematic issues of the implementation of measures of international cooperation in the exchange of information between law enforcement agencies of Ukraine with Europol, while countering a criminal offense are considered. The main mechanisms for regulating the procedure for establishing, putting into operation and operating a secure communication line for the exchange of information between law enforcement agencies of Ukraine and Europol are disclosed. Disclosed the normative and legal content of the category “secure exchange of information”. Taking into account the goals, the author set himself the following tasks: to analyze the mechanism for the safe exchange of information, securing the right of law enforcement agencies of Ukraine to cooperate with Europol; consider theoretical doctrinal approaches to justify the general obligation of states to cooperate with each other. The analysis of the mechanism for the exchange of operational and strategic information in the implementation of interaction between the law enforcement agencies of Ukraine and Europol is carried out. The author substantiates the expediency of using the Secure Information Exchange Network Application (SIENA) as the main tool for the exchange of operational and strategic information while countering international crime. The article analyzes the statistics of Europol regarding the number of application messages (SIENA) exchanged between interested parties (including requests, responses to information, etc.). Examples of joint operations that have been successfully implemented with the help of modern tools of law enforcement agencies of the member states of the European Union are given. The problematic issues of the exchange of operational and strategic information using the network application (SIENA) between the law enforcement agencies of Ukraine and Europol are considered. Suggestions were made to improve the use of Europol instruments in the exchange of information.

The article is devoted to the issues of international cooperation of law enforcement agencies of Ukraine with the European Border and Coast Guard Agency (Frontex) to intensify actions aimed strengthening security at own borders, counteracting the challenges of transnational crime and conducting international search for criminals with the help of existing international organizations.
 It is emphasized that Ukraine’s participation in international organizations is an integral part of the state’s foreign policy, which makes it possible to cope with all the negative phenomena and problems that Ukraine is facing in this difficult time.
 The author examines the historical aspects of the establishment and further development of the European Border and Coast Guard Agency (Frontex).
 The author analyzes the role of the European Border and Coast Guard Agency (Frontex) in the process of international search for criminals, which is conducted jointly with law enforcement agencies of Ukraine, since the organization provides assistance in searching for criminals using its powerful technical and resource potential.
 Attention is paid to the aims and objectives of the international organization, the European Border and Coast Guard Agency (Frontex) tointensify actions related to strengthening security at own borders and counteracting the challenges of transnational crime.
 The author analyzes the EUROSUR communication channel used by Frontex as a system for exchanging information on the situation on European borders and in the border area.
 The author also discusses the issues of cooperation between law enforcement agencies of Ukraine and the European Border and Coast Guard Agency (Frontex), which includes assistance in sharing experience and previously acquired skills to overcome negative trends occurring at the borders of Ukraine, to strengthen its own security, to counteract the challenges of cross-border crime and to support national authorities in identifying persons on the international wanted list, which is extremely necessary in such a difficult time.

The article describes the place of the State Bureau of Investigation in the system of state bodies of Ukraine, in particular, the content of the categories “state bodies” and “public authorities” is defined, the system of state bodies is outlined, and the specifics of law enforcement agencies are clarified. It is noted that state bodies (public authorities) are characterised by their own specific features, among which the following are distinguished: a set of state bodies form the apparatus of the State, and therefore each of them is one of the elements of the integral system of the State apparatus; they are created and operate on the basis of relevant regulations, in the person of one person (citizen) or a group of citizens; each structural unit (state body) is endowed with unique powers of state power; they are created with the aim of performing tasks and It is also emphasised that the State Bureau of Investigation is a law enforcement agency. Therefore, the place of the State Bureau of Investigation in the system of state bodies is determined by its legal status as a central executive body, as evidenced by the specifics of its activities, since it was established for the special purpose of preventing and combating crimes committed by special categories of subjects, as well as war crimes, which is consistent with the law enforcement function of the state and has nothing to do with either legislative or judicial activities; as a law enforcement agency in view of the fact that its main and, in fact, the only task is to counteract criminal offences within its competence; as a state body with a special status, as evidenced by its tasks, powers and the fact that it carries out its activities independently and independently of other executive authorities in the organisational and functional aspect.

The article states that nowadays situations in Ukraine shows that the theory of military activity of law enforcement forces needs a new development in the terms of settlement of armed confrontation in separate areas of Donetsk and Luhansk areas. Therefore, the issues of regulatory and legal support of law enforcement agencies in responding to crisis situations come to the fore. The analysis of normative legal acts shows that legal norms are not formulated clearly enough and ambiguously interpreted by law enforcement agencies. Therefore, it is necessary to refine the legislative mechanism for preventing and responding to crisis situations that threaten the national security of Ukraine. Therefore, the purpose of the research is to comprehensively reveal the essence and features of the legal regulations of combat operations of the security and defense sector of Ukraine in crisis situations and to develop specific practical recommendations, scientifically sound proposals for improving State governance in this field. In order to research the best practices of Ukraine on the functioning of Public mechanisms of response of the security and defense sector of Ukraine to crisis situations during the Anti-Terrorist Operation and the Joint Forces Operation in some districts of Donetsk and Luhansk regions, an expert survey of anti-terrorist security experts was conducted. The results of the survey provided an opportunity to identify the main problematic issues in the functioning of the anti-terrorist security system and provide appropriate development proposals. The State authorities today need to focus on improving the organization of management, establishing interagency cooperation between government agencies, increasing the level of pre-training of personnel, a clear definition of tasks for law enforcement units during special operations. Areas of further research will be aimed at developing State mechanisms of responding by the components of the security and defense sector of Ukraine to crisis situations

Manipulation as a way of influencing a person has a negative connotation due to the techniques and methods of influence used, as well as instrumentalism in the manipulators relationship with the person subjected to manipulation. This also applies to the manipulation of information. Nevertheless, in terms of investigations and actions taken by law enforcement agencies, information manipulation gains a new dimension, as it often leads to the disclosure of the truth and detection of the perpetrator of the crime. In addition, the manipulation of information is used in the mass media and serves to calm the public and restore public order. The purpose of this article is to present information manipulation as one of the ways in which law enforcement agencies operate. The approach to the above topic requires first defining what manipulation is, and then characterizing the tasks and specificity of the activities of law enforcement agencies. The essence of the article includes a description of the use of information manipulation in the work of, inter alia, services such as the police and the prosecutors office, along with an analysis of the rightness of such actions and the presentation of the above case on selected examples. The research problem raised in the study concerned the use of information by law enforcement services to manipulate the message in order to obtain benefits related to the investigation. It was found that the deliberate manipulation of information by the Polish law enforcement authorities allows to obtain tangible benefits in the form of obtaining information about the perpetrators of crimes, the circumstances of their commission, as well as the detection of motives that led to the commission of the crime. An important aspect of information manipulation by Polish law enforcement agencies is the possibility of reassuring the public opinion by making available only such information that will not arouse panic and social unrest.