Prevention and counteraction of interference in the activities of a law enforcement officer on the diclosure of criminal offences in the customs sphere
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
This article is devoted to the consideration of the organizational and legal aspects of the implementation of measures to prevent and counteract the interference with the activities of a law enforcement officer for the disclosure of criminal offenses in the customs sphere. On the basis of the analysis of recent researches and publications, the problems that today appear before the operational units of the law-enforcement agencies authorized to counteract smuggling and other offenses in the customs sphere are formulated and require subject study and resolution. In the context of the purpose of the article, the issues of the distinction between lawful and unlawful interference with the activity of the law enforcement officer, the legal regulation of countermeasures against unlawful interference in the activities of the employee of the operational unit of the law-enforcement agency, as well as responsibility for interfering with the activity of the law enforcement officer are considered. The problems of punishment for certain methods of psychological pressure on operative employees by the criminal structures are highlighted. It is noted that the legal basis for preventing and counteracting interference with the activities of law enforcement officers is the fact of recognizing the offenses of certain types of unlawful acts related to such interference. As a separate area of procedural documentation, it is proposed to consider the specific actions of criminals aimed at interfering in the activities of the operational units, the bodies of pre-trial investigation and the court. Such interference is inherent in all stages of criminal proceedings, therefore, it is proposed to identify it as a circumstance that aggravates the punishment (Article 67 of the Criminal Code of Ukraine). The list of norms of the criminal legislation, which establishes the responsibility for interference with the activity of the law enforcement officer, as well as other unlawful actions connected with such interference is given. It is determined that articles 342–386 of the Criminal Code of Ukraine are criminal offenses affecting the life, health, property of a significant list of persons: victims, witnesses, other participants in criminal proceedings, law enforcement officers. But there is no single mention of the officials of the operational units and customs officers. The ways of improvement of legal regulation of counteraction to interference in activity of employees of operational units of law enforcement agencies and customs are offered.
Authors and Affiliations
В. В. Варава
Keywords
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