Напрями впровадження зарубіжного досвіду в контексті адміністративно-правових засад створення та діяльності Державного бюро розслідувань

The article examines the foreign experience of the administrative and legal foundations of the organization and activities of the State Bureau of Investigation. It is indicated that the experience of foreign states in the field of crime prevention among senior officials is ambiguous. The experience of the USA, Ireland, Austria, Croatia and Norway shows the existence of the following types of law enforcement bodies: 1) these are bodies empowered to combat crimes committed by officials and against organized crime and are subordinate to the police; 2) these are bodies that are empowered to fight against crimes committed by officials and against organized crime and are subordinate to the police and prosecutor’s offices, the so-called «dual subordination»; 3) these are bodies that are empowered to fight against crimes committed by officials, against corruption and organized crime and are subordinate to police bodies. It is concluded that the State Bureau of Investigation does not belong to any of the named groups of bodies, as it combines the powers to counter and fight crimes committed by state officials, in particular judges and law enforcement officers, war crimes, as well as corruption crimes, sub objects of which are the specified persons, with the exception of those under the jurisdiction of the National Anti-Corruption Bureau of Ukraine. It is justified that the study of foreign experience in improving the organization and activities of the State Bureau of Investigation is a very important point on the way to improving its administrative and legal status. At the same time, we consider it necessary to note that the borrowing of foreign experience should not be spontaneous and mindless, it should be based on a deep and meaningful analysis of all the essential conditions and circumstances in which this experience was formed, and their comparison with the existing social political and economic situation in Ukraine. This is necessary so that borrowed ideas are not simply declared in legislation, but can actually be implemented in the practical activities of law enforcement agencies.

Publication Details

Journal
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Published
2024-11-22
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
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article

Напрями впровадження зарубіжного досвіду в контексті адміністративно-правових засад створення та діяльності Державного бюро розслідувань

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
War, Law, and Justice
article

Напрями впровадження зарубіжного досвіду в контексті адміністративно-правових засад створення та діяльності Державного бюро розслідувань

article en

Abstract

The article examines the foreign experience of the administrative and legal foundations of the organization and activities of the State Bureau of Investigation. It is indicated that the experience of foreign states in the field of crime prevention among senior officials is ambiguous. The experience of the USA, Ireland, Austria, Croatia and Norway shows the existence of the following types of law enforcement bodies: 1) these are bodies empowered to combat crimes committed by officials and against organized crime and are subordinate to the police; 2) these are bodies that are empowered to fight against crimes committed by officials and against organized crime and are subordinate to the police and prosecutor’s offices, the so-called «dual subordination»; 3) these are bodies that are empowered to fight against crimes committed by officials, against corruption and organized crime and are subordinate to police bodies. It is concluded that the State Bureau of Investigation does not belong to any of the named groups of bodies, as it combines the powers to counter and fight crimes committed by state officials, in particular judges and law enforcement officers, war crimes, as well as corruption crimes, sub objects of which are the specified persons, with the exception of those under the jurisdiction of the National Anti-Corruption Bureau of Ukraine. It is justified that the study of foreign experience in improving the organization and activities of the State Bureau of Investigation is a very important point on the way to improving its administrative and legal status. At the same time, we consider it necessary to note that the borrowing of foreign experience should not be spontaneous and mindless, it should be based on a deep and meaningful analysis of all the essential conditions and circumstances in which this experience was formed, and their comparison with the existing social political and economic situation in Ukraine. This is necessary so that borrowed ideas are not simply declared in legislation, but can actually be implemented in the practical activities of law enforcement agencies.

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Peace, Justice and strong institutions
Openalex Percentile: Top 27%
War, Law, and Justice
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