ENSURING PUBLIC ORDER AND PROTECTING THE INDIVIDUAL FROM HOOLIGANISM

The article singles out and discloses the content of the seven main administrative and legal forms of activity of the military administrations of Ukraine regarding the provision of public safety and public order in the conditions of the legal regime of martial law. Attention is focused on the debatable understanding of the categories "public safety" and "public order". It has been proven that military administrations solve a number of tasks in the field of ensuring public safety and public order. The practical difficulty of their implementation lies in the fact that they involve the simultaneous implementation of a complex of executive-administrative power measures. These actions are covered by the concept of "administrative-legal form". Based on the generalization of the provisions of the current legislation of Ukraine on the legal regime of martial law, the content of such forms as: general organizational activity, implementation of administrative-regime work, organization of administrative-pass regime, implementation of administrative-social work, implementation of administrative-mobilization measures, implementation of administrative and security activities, organization and implementation of information and generalization work within the framework of the implementation of measures to ensure public safety and public order. It was noted that over the past year, Ukraine has accumulated some experience in the implementation of executive powers by military administrations, including in the sector of ensuring public safety and order. Thanks to this, the scientific community received a significant boost for critical understanding of the regulatory support of the mentioned processes. In particular, we believe that the legislative definition of public safety and public order needs to be further improved in terms of their differentiation as two related but substantively different categories. Thanks to this, the national system of military management receives the prerequisites for increasing its own potential in terms of fulfilling the tasks and functions assigned by the law.

The quality and safety of life is one of the many goals of mankind throughout the world. Over time, the importance of security and its place in society is constantly growing. Guaranteed safety is a modern priority. Achieving a state of public safety is possible under the conditions of implementing a unified state policy aimed at combating and preventing torts. The article finds a connection between the prevention of administrative offenses that encroach on public order and public safety and the protection of human and citizen rights and freedoms. Also, the conducted scientific research clarified the meaning of the concept of "prevention" in various spheres of human life, proposed the own interpretation of the prevention of (administrative) offenses, since there is no official confirmation at the legislative level. The importance of maintaining public order and a sense of security for each individual is emphasized. The connection between the prevention of offenses and the satisfaction of human needs, which are located according to psychological theory in Maslow's pyramid, was found. The central concepts of public order and public safety in the aspect of independent components in administrative- delict legislation were chosen as the object of scientific research, and the subject was the preventive range of actions in the field of maintaining an appropriate level of public order and security in the country. The goal is to carry out a comprehensive analysis and systematization of the leading trends in the prevention of offenses that encroach on public order and public safety in Ukraine. Public order is considered as a systematic complex of actions to ensure law and order in the aspect of maintaining the functioning of both the spectrum of rights and responsibilities of citizens, as well as the legal regulation of social relations on a permanent basis in general, public safety is interpreted as an indisputably necessary social state for which all the most important and vitally relevant public interests are protected from both natural and artificial sources of danger.

Статтю спрямовано на розкриття особливостей адміністративно-правового забезпечення публічного порядку і безпеки на авіаційному транспорті. В роботі охарактеризовано властивості авіаційного транспорту, його сучасний стан та вектор розвитку. Досліджено склад та структуру нормативно-правової бази, якою регулюється зазначена сфера діяльності. Розглянуто комплекс питань, що стосується безпеки в авіації, приділено увагу системі суб’єктів, діяльність яких спрямована на її забезпечення. Уточнено співвідношення понять «публічний порядок на авіаційному транспорті» та «авіаційна безпека», зроблено висновки про застосування різних видів правових режимів, що мають місце в авіації, а також про складну систему комунікацій між суб’єктами, які забезпечують додержання цих режимів.

The article examines the content of theoretical and legal discussions regarding the concepts of «public order» and «public safety», analyzes various scientific approaches to these terms. The relevance of this scientific work is determined, firstly, by the increasing challenges and threats to the public security of the Russian Federation in modern socio- political realities. Secondly, there is still a wide pluralism of opinions in the scientific community regarding the content and correlation of these important legal phenomena. The main general scientific method of this research was dialectical, the application of which allowed for a comprehensive examination of public order and public safety as a state-legal phenomenon. The logical method in solving research problems consisted in applying the principles of formal logic to the explanation of legal conflicts. The use of the system analysis method contributed to the awareness of public order and public safety as complex systems in their internal structure, consisting of mutually related elements of legal theory and legal practice. Of the special methods of scientific research, the formal legal method has found application. Based on it, a study of legal events and textual sources was conducted, revealing various aspects and aspects of public order and public safety. This made it possible for the authors to interpret them in a logical sequence based on the use of special legal terms and formal constructions. The comparative legal method has taken a large place in solving the set research tasks. Thanks to the appeal to him, it became possible to systematically and comprehensively study the practice of ensuring public order and identifying the specifics of protecting public safety in various periods of the development of Russian statehood. Based on the understanding of the opinions common in Russian legal science, certain distinctive features of these concepts are highlighted. Based on the conducted research, it is stated that there is no unified approach to understanding the concept of «public safety» by domestic legal scholars. It is proved that the synthesizing components of the various formulations of these definitions are the recognition of the existence of an inextricable link between the rule of law, legality and lawful behavior of participants in certain legal relations.

This article analyzes the essence, characteristics, and features of the public safety mechanism, reflecting thoughts and considerations on addressing social issues in society and defining the object and objective aspects of the public safety mechanism in our country. Additionally, the article examines the methodological foundations of public safety, uncovering the general laws of the emergence, development, and stabilization of public safety activities, as well as the scientific system of approaches, principles, and tools. The study explores the concept of public safety, its relationship and connection with the concept of public order, and examines the opinions and views of scholars on this matter. It concludes with the need for a precise definition of the terms "public order" and "public safety" in a single law. Methods such as analysis, synthesis, induction, deduction, and comparative-legal analysis were used in the research. Advanced foreign experience, scientific-theoretical views, and statistical data in practice were studied in the research work, as a result of which proposals and recommendations were developed for the introduction of amendments and additions to the Criminal Code of the Republic of Uzbekistan and other relevant laws and by-laws.

Interaction is a necessary and important part of the work of the National Police, including in the field of public safety and order. Due to the interaction we achieve the coordination of actions and joint activities of the National Police with other entities. Existing forms and methods of the interaction between the National Police and the public do not meet the current requirements and need to be refined or finding new forms and methods. Therefore, there is the need to conduct a thorough study of the problems of the interaction of the National Police with other entities of ensuring public safety and order. The author of the article has analyzed the importance and legal principles of the interaction of citizens with the police in the field of public order protection and combating crime. The concepts and forms’ types of the specified interaction have been defined. It has been concluded that there is a lack of scientific research focused on the problems of the interaction of the National Police with the public in the field of public safety and order, in particular on finding its new forms. To achieve this purpose, the author has revealed the essence of the interaction of the National Police with the public in the field of public safety and order, their relations, as well as has defined the classification of forms of the interaction of the National Police with citizens and their associations in the field of public safety and order. The scientific novelty of the study is that it improves the understanding of the nature and types of forms of the interaction between the National Police and the public in the field of public safety and order. Summarizing the above, we can conclude that the effective implementation of the authorities in the field of public safety and order by the National Police of Ukraine requires the establishment of effective interaction with citizens and public associations. The author has offered some new forms of the interaction between the National Police and the public for the implementation, the use of which can improve the state of law enforcement and the fight against crime.

Since 2021, the first legal organizers of gambling and gambling establishments have been operating in Ukraine. However, Article 181 of the Code of Administrative Offenses, which provides for administrative liability for participation in illegal gambling, has not changed since 2009. Every year, hundreds of administrative cases are considered by courts, and gamblers are held administratively liable. Offenders are mainly people who do not have permanent jobs, sufficient qualifications, or a high level of knowledge and education; they gamble to satisfy their private desire for gambling or try to solve financial problems, hoping to win. The purpose of the article is to study the issue of the feasibility of holding illegal gamblers administratively liable. The authors analyzed the composition of the administrative offense of participation in organized gambling without a permit and indicated that the object of such an offense does not correspond to the relevant section, because the player aims to satisfy a private interest—gambling—and not to violate public order or encroach on public safety. The objective side of such an offense involves only one action—participation in organized gambling without a permit—but the player does not have the obligation or necessary knowledge to distinguish legal gambling from illegal gambling. As for the subjective side, the player wants to satisfy his own needs in gambling and solve his problems; he does not intend to harm public order, intentionally violate any rules of conduct, or encroach on public safety. The subject of the administrative offense is a person from 16 years of age, which is extremely problematic, because players in legal gambling can be persons from 21 years of age. If younger people participate in gambling, they have the right to compensation for damage caused by the organizer, that is, they are the injured party, not the offender. As for minor players, they are victims of a criminal offense under Article 304 of the Criminal Code of Ukraine. The authors stated that organized illegal gambling is dangerous for players and encroaches on public safety and public order. Therefore, participation in illegal gambling should be recognized as an administrative offense only when the gambling business is prohibited in the state. In conditions of permitting the gambling business, the administrative liability of the player for participating in illegal gambling should be canceled. A player in illegal gambling should be recognized as a victim of a crime under Article 203-2 of the Criminal Code of Ukraine. Separately, the Code of Administrative Offenses, by analogy with the requirements for lotteries, should be supplemented with a norm on the administrative responsibility of a person under 21 to participate in a gambling game, which is a prospect for further scientific research.

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.

Budget expenditures can have a significant positive or negative impact on the economy of the country. The article refers to the dynamics, structure and interrelationship of economic growth and budget expenditures in Armenia. The impact of Armenia's budget expenditures, as well as individual items of the functional classification of budget expenditures, on economic growth was estimated using the least squares method. For the research have been used quarterly data during the 2000-2003 period. According to the results of the regression analysis, overall budget expenditures of Armenia have a positive effect on economic growth: an increase of 1 percent of budget expenditure would tend to increase economic growth by 0.14 percent after two quarters, all other things being equal. From the items of the functional classification, spending on health and general public services has a positive effect on economic growth: an increase of 1 percent of health expenditure, economic growth will increase by 0.07% after 3 quarters, and an increase of 1 percent of expenditure on general public services will increase the economic growth by 0.05% after two quarters, all other things being equal. Spending on defense and public order and safety activities will reduce economic growth: a 1% increase in public order and safety spending will reduce economic growth by 0.06% after two quarters, ceteris paribus.

The public order and safety (POS) sector remains susceptible to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) outbreaks, as workplace attendance is typically compulsory and close physical contact is often needed. Here, we report on a SARS-CoV-2 outbreak with an attack rate of 39% (9/23), which occurred between 19 and 29 June 2021 among a cohort of new POS recruits participating in a mandatory 18-week training programme in England. The COVID-OUT (COVID-19 Outbreak investigation to Understand Transmission) study team undertook a multidisciplinary outbreak investigation, including viral surface sampling, workplace environmental assessment, participant viral and antibody testing, and questionnaires, at the two associated training facilities between 5 July and 24 August 2021. Environmental factors, such as ventilation, were deemed inadequate in some areas of the workplace, with carbon dioxide (CO2) levels exceeding 1,500 ppm on multiple occasions within naturally ventilated classrooms. Activities during safety training required close contact, with some necessitating physical contact, physical exertion, and shouting. Furthermore, most participants reported having physical contact with colleagues (67%) and more than one close work contact daily (97%). Our investigation suggests that site- and activity-specific factors likely contributed to the transmission risks within the POS trainee cohort. Potential interventions for mitigating SARS-CoV-2 transmission in this POS training context could include implementing regular rapid lateral flow testing, optimizing natural ventilation, using portable air cleaning devices in classrooms, and expanding use of well-fitted FFP2/FFP3 respirators during activities where prolonged close physical contact is required.

The article carries out a thorough analysis of the current legislation regarding the peculiarities of the patrol police during the period of martial law. To formulate the problems of this research, the relevance of the topic, the state of its research by the national legal science was substantiated. The Patrol Police is a unit of the National Police of Ukraine that patrols the streets around the clock, and is also the first to respond to 102 calls, in order to ensure public order and safety, protect the rights of citizens, road safety, ensures public order and safety in the event of mass events, is involved to eliminate the consequences of an accident, disaster, natural disaster. The patrol police work in nonstop mode (round the clock and continuously). Patrolling is carried out by a police crew, which consists of two police officers, and a foot patrol also operates in clearly defined areas. Police officers report to platoon commanders. In modern conditions, the patrol police not only perform the traditional functions of maintaining public order, but are also actively involved in tasks related to ensuring the functioning of the military administration, protecting critical infrastructure, evacuating the civilian population, supporting public safety in the face of the threat of missile attacks and other military actions . The goal is a doctrinal study and determination, based on the analysis of the current legislation, of the peculiarities of the patrol police during the period of martial law. It has been established that during martial law, police officers perform not only law enforcement functions, but also social assistance functions — they organize evacuation, ensure order during the distribution of humanitarian aid, and provide psychological support to citizens. Therefore, there is a need to develop new skills for patrol officers. Patrol officers require specific combat training that includes the basics of tactical medicine, evacuating the wounded, avoiding minefields and other military threats. Without such training, their actions may be less effective, and the risks to life and health may be higher.

Hague Regulation 43 Hague Regulation 43, in its common non-binding English translation (1907 version), reads: The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. The authentic (and binding) French text of Regulation 43 is: L'autorite du pouvoir legal ayant passe de fait entre les mains de l'occupant, celui-ci prendra toutes les mesures qui dependent de lui en vue de retablir et d'assurer, autant qu'il est possible, l'ordre et la vie publics en respectant, sauf empechemant absolu, les lois en vigueur dans le pays. 203. The juxtaposition of the two versions of Regulation 43 reveals remarkable discrepancies between them. The most blatant mistranslation relates to the first part of the provision where the phrase ‘l'ordre et la vie publics’ (i.e., public order and life) is rendered in English as ‘public order and safety’. Safety, which is not even mentioned in French, thus becomes the focal point in English. This peculiar slip in the translation – left uncorrected for a century – cannot be easily explained, considering that only the French text is authentic. There is no doubt that ‘[t]he word “safety” does not precisely express the significance of the original words quoted above, which imply also the entire social and commercial life of the community’.

On a visit to the princely library of Wolfenbuttel in 1707, Christian Thomasius discovered a partial print of the Political Testament of Dr Melchior von Osse, who had been chancellor to the Elector of Saxony in the mid sixteenth century. This was a manual on the government and administration of a German territorial state. Thomasius decided to have it printed in full, and accordingly it appeared in 1717 in a fine quarto volume of over 500 pages ‘for the use of Thomasius’ audience'. The work gives a detailed account of ‘police’ in the sense of ‘civil organization’ or ‘the regulation, discipline, and control of a community; civil administration; enforcement of law; public order’. Starting from a passage in Aristotle's Politics , which is quoted freely as ‘policiam esse ordinem quendam inhabitancium in principando et in subjiciendo’, Osse states that there are ‘four necessary things which pertain to the good police of a country or town: princeps, consilium, pretorium et populus ’. One sees at once how comprehensively Osse uses the term ‘police’, and how little it has in common with the narrow modern sense of ‘the department of government which is concerned with the maintenance of public order and safety, and the enforcement of the law’ or ‘the civil force to which is entrusted the duty of maintaining public order, enforcing regulations for the prevention and punishment of breaches of the law, and detecting crime’.

Public order policing in the United Kingdom is a specialist response to events of large crowds, public safety concerns or the risk of disorder. The police officers assigned to public order policing will often be wearing specialist protective uniform, which is likely to be different to that worn in their ordinary, daily role. A range of research has been conducted to examine how the public perceive police officers in different types of uniform, however very little exists to consider how these officers perceive themselves when wearing specialist, or ordinary uniform. This study uniquely used the theoretical framework of enclothed cognition to examine the way officers perceive themselves whilst wearing their ordinary, and alternatively their public order uniform, and to compare this self-perception across the ordinary and public order roles. Thematic analysis is used to analyse qualitative data from 20 semi structured interviews with police officers in their ordinary, or public order roles. This research fills a clear gap in the existing body of research by utilising authentic police officer participants, on duty, and dressed in the uniform appropriate to their role. This research makes two contributions. Firstly, it provides academic evidence in the enclothed cognition field examining police officers’ self-perception with participants who are authentic, operational police officers. This research found that enclothed cognition does influence officers’ self-perception, but significantly, this is a result of the meaning and experience associated with previously wearing it, and not the physical presence of the uniform itself. Secondly this research contributes to professional practice with the development of evidence-based policing and informing decision making regarding public order dress codes. This research concludes by making recommendations relevant to developing police public order training and commander briefing tools.

PURPOSE: The purpose of this paper is to define and analyze the role of the voivode as a local government body responsible for protecting public safety and order, both before and after the changes introduced in Poland by the new Act of December 5, 2024, on Population Protection and Civil Defense. The paper aims to present the voivode's responsibilities under the new legal system, and to indicate the extent to which this reform has strengthened their position as a key entity responsible for coordinating activities in the sphere of public safety, order, and population protection. The article also highlights the systemic consequences of the new regulations and their impact on relations between the government and local government.