Административное и судебное усмотрение в российской науке: проблемы соотношения

This article examines the activities of law enforcement and judicial bodies as a component of anti-corruption mechanisms from the standpoint of the regulatory framework for its functionality. This study offers a new perspective on the fight against corruption by analyzing in detail the role of legal foundations in the activities of law enforcement and judicial bodies. The research establishes that the mechanism for preventing corruption is a means of achieving the goal of ensuring a specific result in the field of anti-corruption. This mechanism consists of the following elements: the goal and task of preventing corruption; objects of corruption prevention; actors preventing corruption; methods of preventing corruption. It is determined that the primary scientific interest is the anti-corruption principles on the basis of which this mechanism is established and operates, as well as anti-corruption standards. The main anti-corruption principles in the activities of domestic law enforcement and judicial bodies are considered in detail, the observance of which creates the basis for an effective and fair fight against corruption, contributes to the strengthening of the rule of law and increases the trust of citizens in law enforcement and judicial bodies. Regarding anti-corruption standards, they are established at the global, regional, and national levels. It is concluded that anti-corruption standards at the regional level are developed and implemented to fulfill global obligations enshrined in international conventions and agreements. It is proven that the activities of law enforcement and judicial bodies are a key component of anti-corruption mechanisms.

The subject of this article's are scientific studies dedicated to the use of artificial intelligence in various aspects of human life in general, and its application in law enforcement activities in particular. The focus of this study is a comprehensive legal assessment of the potential application of artificial intelligence technologies in law enforcement activities, as well as the identification of legal and organizational issues arising during their implementation and practical application. The importance of the research is determined by the necessity for a thorough and comprehensive analysis of the possibilities for broader integration of artificial intelligence technologies in law enforcement activities. The author analyzes the existing scientific works in the Russian legal reality that explore the potential applications of artificial intelligence within the law enforcement system, highlights several areas of using artificial intelligence in law enforcement agencies, identifies problems arising from the use of modern intellectual technologies, and offers recommendations for overcoming these challenges. The methodology of the research consists of regulatory legal acts of the Russian Federation, as well as the works of Russian scholars. Both general scientific and specialized research methods were employed in the article. The novelty of the research lies in the author's comprehensive approach to the examined issue, the attempt to systematize the existing scientific experience of Russian scholars, and the formulation of recommendations regarding the studied problem. As a result of the research, the author reaches the following conclusions: the study of the use of artificial intelligence in law enforcement activities cannot be fragmented; it must be conducted within a cohesive interdisciplinary approach that allows for the development of a scientifically grounded concept of the functioning of intelligent systems in law enforcement activities; the regulatory framework governing the procedure for the implementation and operation of algorithmic technologies must be characterized by a high degree of legal certainty, internal coherence, and completeness, excluding the possibility of ambiguous interpretation of the conditions and limits of using artificial intelligence in criminal law relations; the digital transformation of the law enforcement system should be proactive rather than reactive; a significant condition for the effective functioning of intelligent technologies is the creation of a reliable infrastructure for data storage, processing, and protection, which includes technical, organizational, and legal mechanisms for ensuring information security, as well as the continuous updating of data sets and the integration of software complexes used.

Objective: Behavioral threat assessment and management (BTAM) is a form of violence risk assessment that has been widely adopted in U.S. public schools. However, there are concerns that the involvement of law enforcement officers in schools on BTAM teams could lead to criminalization of student misbehavior and exacerbate disparities in arrests for students of color and students with disabilities. This study investigated school-based arrests, court charges, and incarcerations for a sample of 18,411 Florida students in 1,646 schools who received a threat assessment using the Comprehensive School Threat Assessment Guidelines. Hypotheses: Consistent with prior studies, we hypothesized that law enforcement actions would have a low prevalence and there would be no disparities associated with race/ethnicity, family income, or disability status. Method: A series of Bayesian multilevel logistic regression models was estimated to evaluate whether law enforcement actions (arrest, charge, incarceration) varied by school-level characteristics and student-level regressors (demographics and threat classification). Results: Approximately 1% of students received a law enforcement action. Law enforcement actions were associated most strongly with student grade and seriousness of their threat. There was evidence of equitable law enforcement actions for student characteristics of race/ethnicity, family income, and disability status. Conclusion: These results are consistent with prior studies in smaller samples of Virginia schools. This study contributes to the policy debate over the role of law enforcement officers in schools by showing that schools using threat assessment teams with officers did not generate high rates of law enforcement actions or inequitable outcomes often observed for disadvantaged student groups. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

The article is devoted to improving the concepts of activities related to ensuring national security and the concept of law enforcement activities, in particular, by establishing the parameters of the relationship between them. The content of the concepts of national security, activities to ensure national security, and law enforcement activities have been analyzed and revealed. It is justified that in the conditions of Russia’s armed aggression against Ukraine, the external function of ensuring the territorial integrity and state sovereignty of Ukraine, as well as the internal function of ensuring law and order and countering crime, should be considered as a complex task and direction of the state and civil society. It has been proven that the concept of activity in the sphere of ensuring national security and the concept of law enforcement are related to each other as a whole and its part. It is proposed to consider the law enforcement activity implemented under modern conditions in Ukraine as a component and a separate direction of a broader concept of state activity to ensure national security. It is substantiated that law enforcement activities and activities related to ensuring national security have a common social nature. In particular: they are a necessary element of social development and a way of implementing the protective function of the state; is a social phenomenon implemented in society and with the help of society; serve to satisfy certain needs that are close in content and important for the life of society. It has been proven that law enforcement activities, as well as activities related to ensuring national security, are types of state activity, a form of implementation of its functions. They are carried out on behalf of the state; are implemented by a group of entities designated by the state, endowed with special powers; are conducted on the basis and within the limits of material and procedural norms and principles developed by the state. It has been established that law enforcement activities and activities related to ensuring national security have a number of similar essential features, such as: implementation on behalf of the state, by a defined circle of subjects, within the limits of a certain procedure; implementation in certain areas related to the tasks and functions of the subjects; implementation using special means and methods. It has also been proven that the specified types of activities are characterized by the sameness of the elements of the structure, such as object, subject, content, directions of implementation. It has been proven that the main tasks that are objectified in the content of law enforcement activities, as well as activities related to ensuring national security, are: a) protection and protection of the rights and legitimate interests of a person and a citizen; b) protection of the sovereignty and territorial integrity of Ukraine; с) protection and protection of law and order, public order, interests of society and the state from illegal encroachments; d) protection of the social order of the state established by the Constitution of Ukraine. It is substantiated that law enforcement activities and activities related to ensuring national security are close, but not identical in meaning, concepts that have a number of distinctive features. The most significant differences are related to the specifics of the goal, the scope and scope of implementation, the specifics of tasks within the areas of implementation, methods and methods of implementation.

Introduction. In science, it is already proved that the effectiveness of criminal legislation in relation to crime prevention is very limited. The criminal law is objectively unable to eliminate the causes of crime due to their social nature. Nevertheless, the regulation of non-criminal acts is a socially significant area of criminal law policy that helps to resolve or reduce the painful difficulties that arise in the process of law-making and law enforcement activities in relation to the criminal law. Theoretical Basis. Methods. The theoretical basis of the research is based on Russian doctrinal sources devoted to modern concepts of criminal policy, forms and means of its implementation, and the social consequences of mitigating or toughening criminal repression. Results. The social importance of the regulation of non-criminal legal acts is determined by the ability to resolve three central problems. Firstly law-making activities when determining the boundaries of criminalisation. Secondly, maintaining human resources to implement repressive penal policy. Thirdly conservation of the economic resource, as the impact of penal policy and define ensuring the principle of inevitability of criminal responsibility and alternative ways to resolve a criminal law conflict. This includes the possibility of self-defense of individual rights by means of criminal law. Discussion and Conclusion. Regulation of non-criminal acts is a kind of “safety mechanism” of criminal law policy. It is a means of protection against excessive criminalisation, a means of ensuring compliance of legislative formulas with the realities of life, and a means of ensuring a balance between lawmaking and law enforcement.

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.

Watching the Watchers: The Growing Privatization of Criminal Law and the Need for Limits on Neighborhood Watch Associations

The purpose of the article is to study the modern comparative approach to determining the influence of the level of the legal protection of public morality on the axiological component of legal relations and law enforcement activities in Ukraine within the framework of theoretical and legal discourse. As a result of the conducted analysis, it is necessary to state that the axiology of legal relations in society in the general system of coordinates and interaction with other types of social relations is permanently permeated by the categories of social morality. At most, morality is a system of principles, and a spindle of social principles, which permeates all types of social relations without exception, is the starting point for their generally human and philosophical qualification, a marker of compliance with the needs of modernity. The article establishes that law enforcement activity is a special type of social relations, since on the one hand it interacts prominently with society, the widest circle of legal subjects, almost without exception, on the other hand, it is a narrow-profile, specialized activity of persons authorized to do so. Therefore, it was established that the law enforcement sphere is at the same time the so-called issuer, creator, and developer of moral principles, as rule narrow-branch ones, which, at the same time, clearly intersect and interact with general social principles, complementing each other, penetrating into other spheres of sectoral social relations, supplementing them, changing, transforming legal validity, etc. It was established that the level of public morality of law enforcement officers directly affects the state of compliance with public morality by civil society, and vice versa: the level of public morality of society draws a demarcation line for the system of permissible worldview and behavioral principles of law enforcement agencies. At most, it seems quite obvious that one of the most effective means of acceptance by law enforcement agencies of values, principles, ideas, and norms of public morality is the maximum integration of law enforcement agencies into the social, human plane, their immersion in the urgent needs of society, its requests, the spirit of the law as much as possible, to which it aspires. At the same time, the so-called "humanization" of law enforcement agencies is, on the one hand, a demand of society for the law enforcement system and, at the same time, a guarantee of the protection of public morality, because only humanized law enforcement agencies are able to ensure and guarantee the specified process.

In the conditions of formation and development of new socio-economic relations, reformation of legislative state structures, executive and judicial power, the task of creating a legal basis for law strengthening and the law enforcement activity improving arises. The legal sciences should develop and form the statehood and lawfulness legal basis of law-enforcement activity, aimed to reliable protection of constitutional rights and legitimate interests of citizens, public formations and state structures of Ukraine. Criminalistics equips law enforcement officers with effective methods and means of detecting and investigating crimes, which promotes the principle of the inevitability of punishment, the objective use of criminal law and preventive influence. Recently, Ukraine has been paying special attention to the law enforcement agencies activities improving and strengthening the scientific and technical base for combating crime in general, and organized in particular. The current level of criminalistics science and the scientific and technical potential of the natural and technical sciences, allowing prosecutors, internal affairs, security and court authorities to prevent, suspend and investigate very complex crimes, thereby contributing to the solution of one of the main tasks – strengthening law and order in Ukraine . Criminalistics science is a legal science that has emerged in the criminal process depths in the last century as a set of technical means and tactical techniques, as well as ways of using them for disclosure and investigation. The article further investigates the problems of criminalistics theory and history in some countries of Europe, USA, and England. The overall purpose of this analysis is to investigate how the development of criminalistics outside our country, their problems, and most importantly, to reach a conclusion about the need for restructuring (or sufficiency) of criminalistics methods and expert research system. The study deals exclusively with the theory and history of scientific knowledge development in criminalistics outside our country, to identify the positive features of its modern development and extrap-olation to the conditions of our science, which serves as a specific tool in investigating crimes and identi-fying the perpetrators. In the next study, it is planned to offer a discussion among scholars and practitioners involved in crime investigations about the contemporary achievements possible implementation of our criminalistics colleagues abroad.

The escalation of security challenges in the context of digital transformation highlights the need for a systematic review of current practices, risks and the potential for implementing artificial intelligence in law enforcement activities. The aim of this study was to summarise scientific approaches to the application of artificial intelligence in law enforcement, focusing on the stages of its development, key areas of research and insufficiently studied aspects. The use of methods of analysis and synthesis of scientific sources, content analysis, comparative analysis, and classification of existing approaches made it possible to assess the current state of scientific research on trends, challenges, and prospects for the use of artificial intelligence. It has been established that scientific interest in the application of artificial intelligence in law enforcement has increased significantly over the last decade. The rapid development of artificial intelligence technologies has opened up new opportunities for the automation of analytical and operational functions, prompting scientists to study the possibilities and threats of artificial intelligence. Researchers focus primarily on areas such as video analytics, crime prediction, image recognition, and big data processing. At the same time, there is a lack of in- depth interdisciplinary research that takes into account the ethical, legal, and social implications of using such technologies. A disparity in approaches to risk classification and standardisation of implementation practices has been noted. The need for the formalisation of research has been demonstrated, which will contribute to the balanced development of artificial intelligence in law enforcement activities, taking into account security, legal, and humanitarian factors. The results obtained can be used by heads of law enforcement agencies, analytical units, and digital transformation specialists to determine priority development directions and consider potential risks

Purpose. The purpose of the work is to study the extension of the principle of retroactivity to law-making and law-enforcement practice to the legal system in Ukrainian legislation. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the study: comparative law, logical-grammatical, system-structural, modeling. Results. During the study, it was recognized that in the legislation of Ukraine, in the process of creating and implementing legal norms, general principles of law are applied, which are guided by state authorities and local governments in their activities within the framework of their competence. When adopting new regulatory legal provisions or making changes to existing ones, general principles of law must be applied. The application of the principle of retroactivity of law allows individuals and legal entities to be confident in the legal assessment of their actions not only when they are committed, but also in the future. Scientific novelty. In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses. Practical significance. The results of the study can be used in law-making activities in the further improvement of national criminal procedural, criminal legislation regarding the improvement of the institution of the application of punishment when improving the legislation on punishment for committing criminal offenses, as well as in the educational process during the teaching and study of the academic disciplines “Criminal Procedural Law of Ukraine”, “Criminal Law”, “Law Enforcement Activities”, “Advocacy”, others.

In law enforcement practice, there are many examples when public authorities are unable to ensure law and order in the use of digital technologies. This is attributed to the fact that law-making activities in the field of digital law are focused on “pre-digital” methods of public administration. This imbalance between legal regulation and public relations arising in the digital environment can be resolved through the institution of digital maturity, the formation of which is closely interrelated with the institutions of digital transformation and the digital state. The paper analyzes the basics of the designated legal concepts through the analysis of the legal regulation of the evolution of the implementation of information technologies by public authorities.One of the most important internal functions of the state is to work with information, which today has become a central element of managerial decision-making. This state of affairs makes it possible to call the state one of the beneficiaries of information revolutions. The society has gone through four information revolutions, each of which transformed the system of public administration. Today we can observe a new information revolution associated with the use of end-to-end digital technologies that have already had an impact on society and the mechanisms of the state. The paper systematizes information revolutions and their impact on the transformation of the public administration system and social interaction. The analysis made it possible to predict changes in the mechanism of the state caused by these processes.To analyze the use of information technologies in the field of public administration, the paper summarizes the existing state legal concepts in this area. The analysis made it possible to identify their haphazardness and inconsistency. To eliminate this shortcoming, the paper formulates a universal classification of state legal concepts, including the following legal categories: electronic state, electronic democracy, electronic autocracy, electronic government, electronic justice, and electronic parliamentary, digital state. The proposed classification should contribute to improving the quality of law making and law enforcement activities in the process of regulating the use of information technologies in the field of public administration.

The authors of the article outline the legal foundations and prospects for the development of law enforcement agencies, taking into account the state-legal reform in Ukraine. In particular, the concept of state regulation of the system of professional training and retraining of police personnel is considered, taking into account the national component of the countries of the European Union. The position of strict compliance with the requirements of domestic legislation and international legal treaties ratified by the Verkhovna Rada of Ukraine, the agreed course on the reconstruction and reconstruction of Ukraine into a democratic legal state of the European Union is substantiated. The possibility of involving the public in law enforcement activities is considered and analyzed. The public's own (author's) vision of forms of public participation in the detection and prevention of crimes is presented for consideration and discussion. In the scientific study, the authors highlight the issue of attracting representatives of national minorities to the ranks of the police for the purpose of reforming and improving its law enforcement activities and strengthening public trust. The article substantiates the need for effective cooperation of employees and heads of the state apparatus of all branches and branches for the purpose of qualitative and objective implementation of the basic principles of the Constitution of Ukraine. The main directions of scientific research have become the countries of the European Union and highly developed countries of the world. It was determined that the need to establish communication with law enforcement agencies of foreign countries is becoming important. The application of the experience of the countries of the European Union is possible in terms of creating specialized law enforcement agencies, expanding the range of powers of the National Police of Ukraine, using the latest resources, and establishing cooperation with foreign partners regarding the training and retraining of law enforcement agencies of Ukraine and European countries. Taking into account the conducted theoretical analysis of the state regulation of the system of professional training and retraining of police personnel in the democratic states of Europe, the vector directions for the construction of a legal Ukraine have been established. The significance and assessment of these legal positions in the system of public administration and law as a whole is revealed. Conclusions were made and recommendations were made regarding the coordinated application of the norms of the current legislation in the practical activities of the head and employees of law enforcement departments. Attention was drawn to the need for further scientific cooperation of scientists, specialists in the field of public administration and law.

Unlike conventional methods and technologies of collecting, processing and analysing the personal data of natural persons as part of law enforcement activities, the broader use of different artificial intelligence methods brings into focus the need for specific rules regulating the application of various artificial intelligence methods to protect two independent fundamental rights as regulated by EU Charter of Fundamental Rights, Art. 7 and 8 – data protection and privacy. Privacy, the protection of personal data and the security of their processing and transmission within law enforcement activities, whether it is non-automated, partially or fully automated, is prescribed by Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data. When considering personal data protection in the context of Directive 2016/680 it is referred to the protection of information on the confirmed identity of a natural person (data protection) and the protection of all information by which identity can be confirmed (privacy). Thus, this information should not be part of the defined personal data category, and all methods and technologies that can be used for direct and indirect confirmation of the identity of a natural person should be taken into account. The paper aims to determine whether there is relationship between privacy and security and whether there are differences in the personal data collection, processing and analysis methods by law enforcement authorities, when used methods are conventional or artificial intelligence. The first hypothesis emphasises causality between privacy and security when collecting, processing and analysing their personal data by conventional methods and artificial intelligence methods for law enforcement purposes. The second hypothesis implies a statistically significant difference in making personal data available to law-enforcement bodies in cases they are collected, processed and analysed by conventional methods and in cases they are collected, processed or analysed by artificial intelligence methods. The methods used are: descriptive method for describing the process of collecting, processing and analysing personal data in law enforcement activities, as well as for describing the differences between conventional and artificial intelligence methods and evaluating hypotheses; induction for creating hypothesis; deduction for observing specific relations; content analysis and synthesis in the evaluation phase; survey method; statistical and comparative method in the testing phase and for determining the compliance with the hypotheses.

Цель: to analyze the far-right extremism’s anti- government ideology as an external threat to law enforcement officers. Methods: dialectical approach to cognition of social phenomena, using the general and specific research methods based on it. Results: The relationship between far-right extremism and law enforcement in the United States has a long and complicated history. In 2020, this relationship was on display as both far-right extremists and law enforcement agencies were brought into the national spotlight for their roles in multiple unprecedented events. This research discusses how far-right extremism’s anti- government ideology represents an external threat to law enforcement officers. This threat is discussed through the presentation of 30-years of data on law enforcement officers killed in the line-of-duty by far-right extremists from the Extremist Crime Database. In addition, the research also examines law enforcement’s implicit and explicit support for far-right extremism, which creates an internal threat against the legitimacy of the profession. Finally, policy initiatives that come from, and build upon, prior research are discussed to reduce these threats.Scientific novelty: for the first time, the work substantiates that far-right extremists threaten the safety of law enforcement officers in the United States. Antigovernment extremists, who do not believe that they are subject to the laws of the jurisdiction where they live, pose the risk of escalating to violent acts when encountering law enforcement when they engage in both ideologically motivated and routine criminal activity. In addition, law enforcement agencies who hire far-right extremists face the very real prospect of becoming illegitimate in the eyes of the communities to whom they are sworn to serve and protect. Decades of criminological research has shown that lack of trust in law enforcement makes the job of policing a community more difficult and more dangerous. Although multiple paths forward were outlined that build on prior research and empirical knowledge, only decisive action by law enforcement and policymakers will result in outcomes that reduce the risk of external violent victimization to police and protect law enforcement agencies from being delegitimized by the presence of far-right extremists within their ranks.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the prevention, suppression and investigation of extremist crimes.The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: CCJLS@WesternCriminology.org.For original publication: Parkin, W. S., Mills, C. E., Gruenewald, J. (2021). Far-Right Extremism’s Threat to Police Safety and the Organizational Legitimacy of Law Enforcement in the United States, Criminology, Criminal Justice, Law & Society, 2021, Vol. 22, No. 2, pp. 1–24. Publication URL: https://ccjls.scholasticahq.com/article/26321-far-right-extremism-s-threat-to-police-safety-and-the-organizational-legitimacy-of-law-enforcement-in-the-united-states