Year: 2024
Type: article
Abstract: The article deals with the search for ways to combine the efforts of customs and law enforcement agencies in the fight against illegal attempts to move goods, objects or substances across the customs border of a country. The concept and basic principles of law enforcement activities are studied, as well as the criteria for inclusion in such a system. By analyzing the powers of a number ofstate bodies, the author has compiled a list of law enforcement agencies involved in the fight against smuggling. It is emphasized that customs authorities today can be fully attributed to law enforcement agencies. Approaches to understanding the interaction of law enforcement agencies, its principles and directions of implementation are considered in detail. The author critically assesses the absence of a legal act regulating the procedure for interaction of bodies in in the fight against crime. While there is definitely a need for this, although the issues of interaction are locally outlined in special laws on individual state (law enforcement) agencies. It is recognized that modern regulation of issues of interaction between law enforcement agencies, and their list should be updated in the light of the reforms of such bodies, and must necessarily include customs authorities. It is emphasized that the problem of duplication of tasks and functions, chasing indicators and creating the illusion of an active fight against crime, has been relevant for more than two decades. Despite changes in legislation, liquidation or reorganization of previous bodies and the creation of new ones, renewal of personnel and units, the lack of clear delineation of powers of law enforcement agencies, and sometimes of law enforcement agencies, and sometimes dual competence or departmental ambitions, lead to a distortion of the actual picture of the organization of countering smuggling. The author outlines certain risks of interference with the organization and implementation of customs control that arise from a destructive perception of interaction. The institutional capacity of customs authorities as a lever is considered for improving the mechanism of interaction between the State Customs Service and law enforcement agencies. The author substantiates the expediency of including operational units to the list of subjects of operational and investigative activities. The author additionally argues that the prospect of granting customs authorities to conduct pre-trial investigations, and it is proposed to to delimit the powers of the authorities conducting it, for which purpose to determine the jurisdiction of the crime of “Smuggling of goods” for the bodies of the State Customs Service of Ukraine.
Author: L. M. Dorofeieva
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404506668