Науковий вісник Національної академії внутрішніх справ (Mar 2021)

Usage of the Foreign Experience of Mass Disorders’ Counteraction in Ukraine

  • Serhii Cherniavskyi,
  • M. Hribov,
  • A. Korzun

DOI
https://doi.org/10.33270/01211181.8
Journal volume & issue
Vol. 26, no. 1
pp. 8 – 23

Abstract

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The purpose of the research is the evaluation of the foreign experience of mass disorders’ counteraction and making suggestions as to the feasibility and possibility of its individual elements’ usage in Ukraine. Methodology. A general dialectical method of scientific cognition of real phenomena and also their links with the practical activities of law enforcement agencies is used in order to achieve this purpose. Special research methods used in the article are: method of systematic analysis; comparative-law; comparative; modelling ones. The theoretical backgrounds of the study are the latest scientific works of native and foreign scientists in the chosen field. The scientific novelty of the study is contained in such a fact that, on the ground of the available data scope’s analysis as to the theory and the practice of mass disorders’ counteraction in different countries, the assessment of the possibility and feasibility of applying certain elements of foreign experience in Ukraine is presented. Conclusions. The causes and conditions of mass disorders outbreaks, the dynamics of their development and the patterns of their spreading are precisely studied by the scientists of the developed democracies’ countries. However, the usage of the above-mentioned researches’ results in Ukraine is possible only in a very narrow range, because the causes, the conditions and the nature of mass disorders, usual for Ukraine, are different from these factors in other countries. The state's response to mass disorders should be considered at two levels: the first one is the actions of the country's political governance (regional, city governance); the second one – the actions of law enforcement agencies. At both levels, the response should be based on clearly defined norms of national legislation, including those ones that differentiate legal and illegal gatherings, as well as those norms which determine what crowd actions can be classified as riots and establish responsibility for their organization and participation in such crimes. The legislation of Ukraine needs to be improved in this part. The experience of the EU law enforcement agencies as to the principles of spontaneous riots’ prevention is worth to be used in Ukraine. Such principles include: active police assistance to the participants of mass peaceful actions in the realization of their legal rights and interests; guarantee of the clear obedience by participants of such gatherings to the norms of the national legislation as to the carrying out peaceful assemblies; creation in the society the awareness of punishment’s inevitability for violation of the specified instructions

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