Yatsun M. Investigation of criminal offenses in the sphere of official activity committed by officers of the National Police of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100802

Applicant for

Specialization

  • 081 - Право. Право

18-02-2022

Specialized Academic Board

ДФ 26.142.016

Private Joint-Stock Company "Higher Educational Institution" Interregional Academy of Personnel Management "

Essay

The dissertation is devoted to the research of a complex of theoretical and practical problems of investigation of criminal offenses in the sphere of official activity committed by officers of the National Police of Ukraine, on the basis of scientific works of scientists of various branches of law and other related sciences, normative and legal basis for combating criminal offenses in the field of official activities committed by officers of the National Police of Ukraine, investigative and prosecutorial practice, statistical and analytical data of the Prosecutor General's Office, Ministry of Internal Affairs of Ukraine, National Police of Ukraine on the crime situation in Ukraine for 2015−2021. The dissertation deals with a theoretical generalization and a new solution to the scientific problem, which is to clarify the nature and features of the mechanism of detection, cessation or prevention at the stage of preparation or commission of criminal offenses committed by officers of the National Police of Ukraine, based on the generalization of the concepts of domestic and foreign scientists, legislation and long-term practice of law enforcement bodies of Ukraine and other countries to develop proposals and recommendations for improving relevant legislation. Based on the analysis of the results of scientific research of domestic and foreign scientists, a conceptual vision of combating criminal offenses in the field of official activities committed by officers of the National Police of Ukraine as a system of coordinated and interconnected organizational, information-analytical, preventive, operative-search, procedural and other measures and means of identifying persons who involve members of the National Police in criminal or corrupt activities; prevention of offenses prepared or committed by police officers themselves; prompt servicing of police bodies and departments for timely receipt of data on the facts of criminal and corruption acts, as well as ensuring the implementation of instructions of the investigator, prosecutor in criminal proceedings. Criminal offenses in the sphere of official activity committed by police officers are divided into those related to: − general professional aspects of activity (Articles 364, 365, 367 of the Criminal Code of Ukraine); − acquisition or concealment of illegal material gain (Articles 366-1, 368, 369, 369-2 of the Criminal Code of Ukraine); − special activities (Articles 366, 370 of the Criminal Code of Ukraine). It is emphasized that depending on the category of position (service, unit) changes the specifics of the official functions performed, and hence the content of official powers and competencies that officers have in accordance with official position. It is stated that the use of official powers and opportunities provided by official position determines not only the different nature of offenses, but also the severity of their consequences. It is established that the main measures to ensure the protection of the police system from criminal offenses in other countries are the adoption of common standards for combating corruption in police units and services; a clear definition of the list of activities that police officers are allowed to engage in; enhanced criminal liability of officers in case of committing acts of corruption while increasing their material security; introduction of training of students of departmental educational institutions and officers of practical police units on corruption and behavior in inciting or provoking to commit acts of corruption. The expediency of introducing the experience of Austria, Belarus, Great Britain, Germany, Poland, Slovakia, the USA, and Hungary in the implementation of preventive, information-analytical and other anti-corruption measures into the practice of crime prevention are proved. Ways of committing abuse are divided into "simple" (consisting of only one offense) and "complex" (contains a set of different crimes), so based on the analysis of specific examples, the most common technologies for their commission and concealment. Typical ways of abusing power or official position are forgery of materials on administrative or criminal offenses, concealment from registration of reports and reports of committed criminal offenses, illegal closure of criminal proceedings, suspension of investigative measures; forgery of documents; extortion of illegal gain for the return of confiscated property, which is material evidence in criminal proceedings; closure of criminal proceedings; mitigation or avoidance of criminal liability. Among the methods of abuse of power or official authority are the most common physical violence and infliction of bodily harm, illegal detention of citizens, conducting procedural actions and operational and investigative measures with them, illegal use of weapons or special means.

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