ГЕНЕЗА ПОНЯТТЯ «ПРИМУС» У ДІЯЛЬНОСТІ ПРАВООХОРОННИХ ОРГАНІВ УКРАЇНИ

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.

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 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.

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.

Detection specifics of criminal offenses, connected with domestic violence, is actually standing not only at the Ukrainian, but also on agenda of worldwide lawyers, and emphasized at the highest international venues, among them, in particular, officials is the Council of Europe. The urgent problem is not only the detinization of this type of crime, but also the elaboration of comprehensive mechanisms for detecting and fixing offenses, related to domestic violence in order to effectively punish offenders and take preventive measures. Besides, it must be noted on preparing a list of indicators for accounting for cases of domestic violence and gender-based violence by central authorities, as well as improving mechanisms for identifying, documenting, responding, investigating cases of domestic and gender-based violence against women and girls, and bringing those responsible to justice. The involvement of the public society, including their interaction with law enforcement agencies, in reporting cases of domestic violence offenses and developing preventive measures to combat these crimes is also important in identifying the crimes area, related to domestic violence. Regarding the activities of law enforcement agencies, attention should be drawn here to the national police, as the main body, charged with implementing enforcement policy in this area. An important condition in the sphere of prevention is their development and transformation, in accordance with the current challenges of the time, an example of which is the project of the national police POLINA

The paper analyzes the state of cyber security in Ukraine as a result of the COVID-19 pandemic. It is determined that the main reason for the aggravation of the situation in this area in 2020-2021 was the transition of an unprecedented number of citizens to remote working and an increase in the share of e-commerce. This situation has exacerbated existing and contributed to the emergence of new problems of legal, organizational, software and technical and other areas of cyber security in Ukraine. Based on the analysis of statistical data, analytical materials (obtained primarily from open sources of the Cyberpolice of Ukraine), international experience has shown that the COVID-19 pandemic most actively contributed to the development of such cybercrimes as: obtaining user credentials through malware distribution (usually phishing method); fraud schemes for the sale of personal protective equipment, medicines and other goods designed to prevent coronavirus (COVID-19) infection, as well as for the sale of other consumer goods; spreading misinformation and fakes in order to create panic and social instability in the state. The conducted analysis allowed to outline the main priority areas in counteracting this socially dangerous phenomenon. Among them: the need to intensify the activities of law enforcement agencies in Ukraine in cybercrime counteraction, to strengthen cooperation with law enforcement agencies of other countries; to create new and make amendments to existing regulatory legal acts to combat cyber threats, including on the basis of international experience and international standards; improvement of software and hardware of information and telecommunication systems; improving public awareness of the cyber security system in the country, etc.

July 2, 2015 the Verkhovna Rada of Ukraine adopted the Law of Ukraine № 580-VIII «On the National police». In article 2 of this law defined the tasks of the police. Stated that the purpose of the police is to provide police services, in particular in the areas of: 1) ensuring public safety and order; 2) protection of the rights and freedoms of the individual and interests of society and the state; 3) combating crime. The implementation of these goals is possible provided sufficient power to ensure in the said law, among others, provided the police and coercive measures – the use of firearms, special means, physical force. Despite the consequences, which can be in their application, this article looks at the issues of adjustment of the wording of the rules, which provides the grounds and conditions of the use of police coercive measures, their consistency with each other and with other rules of the law of Ukraine «On the National police», as well as the circumstances precluding criminality. Stated that the right to police enforcement can not be absolutely identical circumstances, which exclude criminality. However, such a right cannot be narrowed substantially in comparison with the right of a citizen to harm. The right of police to use firearms, special means, physical force shall be recognized as legal, necessary, proportionate and effective when it is based solely on the provisions of the Law of Ukraine «On the National police». Suggestions for improving the provisions of the act.

The current state of administrative and legal regulation of social relations in the sphere of protection and use of the animal world in Ukraine is analyzed. The meaning of the concept of “poaching” is revealed and its components are outlined. Taking into account statistical data, a detailed description of effective organizational and legal measures to counter poaching cases, which are used in the activities of the units of the National Police of Ukraine, the State Ecological Inspection, and other nature protection bodies of Ukraine, is provided. It is noted that poaching is one of the major threats to biodiversity and national ecological security of Ukraine. It is emphasized the need to involve the public in the organization of actions for the protection of the animal world, as well as in the process of planning joint preventive measures of protection nature, conducting information and explanatory work among the population on issues of preventing violations of administrative (nature protection) legislation. Attention is drawn to shortcomings in the Ukrainian legislation, which regulates relations in the sphere of protection and use of the animal world. Proposals are also made to improve the legal framework for the interaction of the water police and units of the State Environmental Inspection in the field of animal protection in the modern conditions of the introduction of the legal regime of martial law in Ukraine. Taking into account the positive experience of nature protection activities of law enforcement agencies and other state bodies of Ukraine, the main areas of improvement of the system of organizational and legal measures against poaching are highlighted. In particular, these are: the proper organization of state administration in the field of protection and use of the animal world; the strengthening the responsibility of citizens and officials for violating the basic requirements and rules of rational use and reproduction of the animal world; the presence of an effective organizational and legal mechanism for the implementation of the rights and obligations of users of animal world objects; the joint actions of the State Environmental Inspection and the Water Police regarding the protection, reproduction and use of rare and endangered animals; the keeping state records of animals and records of their production; the implementation of state and public control in the field of protection, use and reproduction of the animal world; the introduction of new organizational and legal forms and methods of interaction of authorized state bodies and other subjects of combating offenses in the field of animal protection, increasing control over the quality of their implementation; the development of legal eco-education and a system of crime prevention measures; the introduction of modern mechanisms of analytical and logistical support of law enforcement agencies.

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 effectiveness of the police activity is measured by various criteria, the main of which include the trust of the population and the real state of law and order in the territories of local communities. Clear regulations, the content of which is known to every citizen, and their unquestioning observance constitute a guarantee of the quality of functioning of the National Police and public safety. The article attempts to solve certain problems of policing in Ukraine and to improve the legislation governing the application of police measures. Administrative law does not take sufficient account of the psychological component of a police officer's actions in the performance of his/her duties. The purpose of the article is to identify certain problems of police measures application and take into account their psychological component in the process of legal regulation. The Law of Ukraine "On the National Police" does not disclose the meaning of certain terms (for example, "sufficient grounds to consider…") when it is necessary to make a decision on the application of a police measure. Such grounds should be reflected in the Law. Given the difficulty of determining all possible grounds, it is necessary to stipulate at the regulatory level that the internal conviction of a police officer that there is at least one sufficient basis will serve as a justification for the application of a police measure. This will have a positive effect on the psychological readiness of the police officer to act. Emphasis is placed on the interdependence of the problems of the quality of legal regulation of the application of coercive measures and the effectiveness of the actions of a police officer. Methods of taking into account psychological aspects in the implementation of preventive and coercive measures by the police with the application of clear rules of communication at the regulatory level are proposed. To minimize possible negative consequences during the application of police measures, it is advisable to develop and consolidate at the legislative level the communication algorithm of the police officer, the main requirements for which are universality, conciseness and clarity

The article analyses and clarifies the concept of public control over the activities of the National Police in Ukraine. Public control over the activities of the police is defined as a targeted activity of the organised and unorganised public regarding the quality of police activities and the effectiveness of the tasks and duties assigned to police representatives. The importance of public control over the activities of law enforcement agencies in terms of building a democratic state with an active civil society is emphasised. Public control is an instrument of public assessment of the implementation of public tasks by law enforcement agencies. Control over the activities of the National Police in Ukraine allows to regulate the relationship between the government and the community, which is an integral feature of all democratic states. The specificity of public control, in comparison with other types of control, is the subject-object sphere, which is manifested in the public's control. In the process of public control, the implementation of social tasks directly related to the protection and realisation of the rights and freedoms of citizens, as well as satisfaction and harmonisation of social needs and interests of the population is monitored. The main forms and subjects of public control are defined. Public control over the activities of the National Police can be carried out by individual and collective, organized and unorganized subjects whose activity profile is general or law enforcement oriented. According to their legal status, the subjects of public control over police activities can be natural or legal entities of private law and associations of citizens without the status of a legal entity. Important subjects of public control over the activities of the National Police in Ukraine are mass media, public councils and public organizations. It has been concluded that public control allows to improve the quality of police activities and to influence the implementation of changes in the activities of the National Police in Ukraine, which is especially important during a full-scale war.

The full-scale armed aggression against Ukraine has significantly increased the relevance of integrating international humanitarian law (IHL) into the national legal and institutional framework, particularly within the activities of law enforcement agencies. These agencies—such as the National Police, the Security Service of Ukraine, the State Bureau of Investigation, and the Prosecutor’s Office—play a vital role in documenting, investigating, and prosecuting war crimes, as well as ensuring cooperation with international justice institutions. Despite Ukraine’s ratification of core IHL treaties and active engagement with international partners, the practical implementation of IHL norms remains fragmented and inconsistent. This article examines the legal, procedural, and institutional aspects of integrating IHL into the practice of Ukrainian law enforcement bodies. It identifies key challenges, including legal gaps, insufficient training, lack of technical resources, and weak interagency coordination. The article also analyzes the current mechanisms of IHL enforcement, such as the work of mobile investigative teams, cooperation with the International Criminal Court, and participation in joint investigative groups. Based on this analysis, the study offers practical recommendations for strengthening national capacities through legislative reform, interagency coordination, digitalization, and international cooperation. The article concludes that Ukraine, given its unique experience and current challenges, has the potential to become a leading example of effective national-level implementation of international humanitarian law in the context of modern armed conflict.

In the research paper, in a comparative legal mode, the legal grounds of responsibility for committing crimes of a terrorist nature are considered, using the example of Ukraine, the USA, Great Britain, France and Germany. A comparative legal analysis of national approaches to defining and countering terrorist crimes is presented. The importance of using international norms and conventions in criminal legislation to combat terrorism is substantiated. The specifics of the regulation of the mechanisms of responsibility for terrorist crimes in various legal systems are analyzed, attention is focused on preventive measures and features of the criminalization of these acts in the relevant jurisdictions. The position is formulated that the American experience is important for scientific understanding since the US federal Criminal Code regulates in detail responsibility for terrorist crimes, in particular, distinguishing between international and domestic terrorism, and also contains specific articles on the financing of terrorism, the use of weapons of mass destruction, and acts of terrorism in public places. It is argued that the French legislator also shows a serious attitude to the fight against terrorism by including several prohibitions in its criminal law, which shows the integration of international legal recommendations. Compared to this, in Germany there are significantly fewer prohibitions against terrorist crimes, and the British legislator generally uses a special law - the Terrorism Act, rather than the Criminal Code. In conclusion, it is emphasized that the study of progressive international experience in the field of combating terrorism is important for Ukrainian scientists, as it allows them to evaluate the effectiveness of the approaches of other countries and to improve the national strategy for combating terrorism. Analysis of the results of the activities of law enforcement agencies and special services of foreign countries leads to the conclusion of the need to improve the provisions of program documents and criminal legislation of Ukraine, as well as to develop new methods of combating this socially dangerous phenomenon. Separately, taking into account the European integration aspirations of Ukraine, the importance of adapting the national anti-terrorist legislation, in particular its criminal law component, to the best European standards in order to ensure an effective fight against terrorism in the context of international cooperation is emphasized.

Current problems of the importance and role of digitization, technology and prioritization of criminalistics, forensic examination and criminal proceedings in the modern conditions of martial law and digitalization of society are studied. The main trends in the formation and development of conceptual approaches and the possibilities of applying the processes of digitalization, technology and prioritization in the optimization of the activities of law enforcement agencies, courts and forensic expert activities, which are quite relevant today, have been identified and analyzed. It is justified that the digitization of criminalistics should include the following directions: the use of digital technologies to increase the efficiency of the investigator’s search and cognitive activity, effective organization of this activity during the investigation of criminal offenses; the use of information and communication, digital technologies for the investigation of criminal offenses, which contributes to the algorithmization of this process; solving didactic tasks in the field of training, retraining, advanced training of investigators, forensic investigators, forensic experts, exchange of experience in the field of digital technologies. It has been proven that the essence of the technology of criminalistics, the technological approach to the process of criminal proceedings should be considered in the complex and consistent performance of information-cognitive and organizational-management actions related to the solution of forensic tasks. It is proposed to single out a separate criminalistic theory – criminalistic technoscience or forensic technoscience. It is believed that prioritization in criminal proceedings should determine the priority and importance of certain actions, tasks or circumstances in the process of investigation and trial of criminal proceedings. The principle of prioritization should ensure the efficiency and fairness of criminal proceedings, allowing to focus attention on the most important aspects of criminal proceedings and ensure their quick and high-quality consideration. Considered and analyzed the most relevant and promising problems of the research of the specified problem.

The purpose of the article is to highlight the problematic issues of compliance with the operational and investigative units, as well as prosecutors in the organization and implementation of covert investigative (investigative) actions in criminal proceedings and finding solutions, especially at the legislative level. Scientific novelty. The Criminal Procedure Code of Ukraine in terms of ensuring secrecy in the implementation of covert investigative (search) actions and the use of their results in evidence, the Law of Ukraine «On state secrets», bylaws, which determine the organization of secrecy in the implementation of covert measures in law enforcement activities. The shortcomings in the legal regulation of the secrecy regime in the procedural activities of law enforcement agencies are identified, recommendations for their elimination are provided with specific proposals for making the necessary changes and additions to the current laws of Ukraine and bylaws. Conclusions. Criminal procedural legislation of Ukraine in terms of regulation of compliance with the requirements of secrecy in making procedural decisions on covert investigative (investigative) actions, their direct conduct, registration and practical use in criminal proceedings, the results remain insufficiently defined, requires careful analysis and improvement. The Criminal Procedure Code of Ukraine, the Law of Ukraine «On state secrets», and the Code of Information Constituting a State Secret require urgent changes. The authors propose to make a number of changes to these and some other laws and regulations that will eliminate the existing contradictions and promote compliance with the secrecy regime, make it impossible to declare evidence inadmissible due to violations of procedural rules.