Open AccessProblems and competence of police during enforcement of judgments related to imprisonment.
Author(s) -
Dmytro Tinin,
Volodymyr Tymofieiev
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-3-251-256
Subject(s) - imprisonment , competence (human resources) , discretion , legislation , legislature , law , legislator , political science , enforcement , sentence , law enforcement , criminal law , receipt , judicial discretion , constitution , psychology , business , judicial review , social psychology , computer science , accounting , artificial intelligence
Today, a certain conflict in judicial practice, the current criminal procedural and criminal-executive legislation of Ukraine is the procedure for execution of court sentences related to imprisonment, from the moment they enter into force. At the legislative level, the limits of competence of the National Police officers remain unresolved after the receipt of such a sentence to any police unit and the procedure for their execution. When enforcing a court sentence, law enforcement officers have a number of problems that make it impossible to enforce it, or even inaction is formed on their part. As a result, these factors contribute to convicts evading punishment or committing other crimes at this time. To date, the legislator does not define the competence of the National Police and does not include in its responsibilities the execution of court decisions related to imprisonment. However, when deciding on the determination of the body that will execute such a decision, the judicial institution is guided only at its own discretion or by the materials of the criminal proceedings in which it will be adopted. To solve such problems, it is necessary to correctly determine the procedure for each body to perform its functions. Such decisions cannot be made by the heads of structural subdivisions alone, and therefore this leads to the solution of this problem at the level of departmental management with further amendments to the legislation governing the activities of their sectoral services.