Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 39, Nº 68 (Enero - Junio) 2021, 696-707
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 15/11/2020 Aceptado el 28/02/2021
To the issue of identifying some objects
of operational protection by criminal
police units of the National Police
of Ukraine
DOI: https://doi.org/10.46398/cuestpol.3968.44
Chyzh Sergii Anatoliyovich *
Shahova Kateryna Volodymyrivnа **
Dereviahin Oleksii Oleksandrovich ***
Dal Adam Lavrentiiovych ****
Saltovets Sergii Anatoliyovich *****
Abstract
The subject of the investigation are the operational
maintenance objects of the machine-building complex and the
recreational-tourism sphere by criminal police divisions. The
research methodology includes the following methods: general and special
legal: monographic method, method of analysis and synthesis, comparative
legal method, classication method, statistical method, abstract-
logical method. Scientic approaches to operating service denition are
considered. An analysis of the machinery construction complex and the
tourist and recreational eld was carried out to achieve high standards of
its operational service. As a practical dignied facility of the machinery
construction complex and the tourist and recreational sphere were ordered
in appropriate groups to identify those in need of operational maintenance.
It is concluded that the regulations of the Ministry of the Interior and the
National Police of Ukraine do not contain provisions that clearly dene the
content of the institution of operational services and its place in the system
of operational and investigative units to combat crime.
* Ph.D in Law, Senior Lecturer of the Department of Pre-investigative and Detective activity of Kharkiv
National University of Internal Affairs. ORCID ID: https://orcid.org/0000-0003-4296-3246. Email:
S.chij82@Gmail.com
** Ph.D in Law, Doctoral Student of Kharkiv National University of Internal Affairs. ORCID ID: https://
orcid.org/0000-0002-6431-3757. Email: katerina.kharkov@ukr.net
*** Ph.D in Law, Аssistant professor of the Department of Preinvestigative and Detective activity of
Kharkiv National University of Internal Affairs. ORCID ID: https://orcid.org/0000-0003-1622-5549.
Email: yasnoesolnishko@ukr.net
**** Ph.D in Law, Аssistant professor of the Department of Preinvestigative and Detective activity of
Kharkiv National University of Internal Affairs. ORCID ID: https://orcid.org/0000-0002-2775-2523.
Email: adam.dahl13@gmail.com
***** Ph.D in Law, Senior Lecturer of the Department of Preinvestigative and Detective activity of Kharkiv
National University of Internal Affairs. ORCID ID: https://orcid.org/0000-0001-6864-9349. Email:
Ax4343ax@gmail.com
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CUESTIONES POLÍTICAS
Vol. 39 Nº 68 (Enero - Junio 2021): 696-707
Keywords: operational facilities; Ukraine’s opposition; machinery
construction complex; spa-recreational; criminal law.
Respecto a la identicación de algunas instalaciones
operativas por unidades de la policía criminal
Resumen
El tema de la investigación son los objetos de mantenimiento operativo
del complejo de construcción de máquinas y la esfera recreativa-turística por
parte de las divisiones de la policía criminal. La metodología de investigación
incluye los siguientes métodos: legales generales y especiales: método
monográco, método de análisis y síntesis, método jurídico comparado,
método de clasicación, método estadístico, método abstracto-lógico. Se
consideran enfoques cientícos para la denición de servicio operativo. Se
efectuó un análisis del complejo de construcción de maquinaria y el ámbito
turístico y recreativo para lograr altos estándares de su servicio operativo.
Como signicado práctico las instalaciones del complejo de construcción
de maquinaria y la esfera turística y recreativa se ordenaron en grupos
adecuados para identicar a quienes necesitan mantenimiento operativo.
Se concluye que el reglamento del Ministerio del Interior y de la Policía
Nacional de Ucrania no contiene disposiciones que denan claramente el
contenido de la institución de los servicios operativos y su lugar en el sistema
de unidades operativas e investigadoras para combatir la delincuencia.
Palabras clave: instalaciones operativas; policía nacional de Ucrania;
complejo de construcción de maquinaria; balneario-
recreativo; derecho penal.
Introduction
The strategic investigation units of the National Police of Ukraine set
themselves the goal of achieving two interrelated goals in the process of
operational protection of economic sector:
a) organization of systematic monitoring of objects and industries in
respect of which there are reasonable suspicions about the possibility
of illegal actions.
b) establishing strong operational positions on the territory under the
jurisdiction of the separate strategic investigation unit of the National
Police of Ukraine.
698
Chyzh Sergii Anatoliyovich, Shahova Kateryna Volodymyrivnа, Dereviahin Oleksii
Oleksandrovich, Dal Adam Lavrentiiovych y Saltovets Sergii Anatoliyovich
To the issue of identifying some objects of operational protection by criminal police units of the
National Police of Ukraine
Our analysis of scientic research on the problems of operational
service of certain sectors of the economy showed that today the problems
of operational protection of priority sectors of the economy by criminal
police units are not sufciently studied; scientically sound proposals for
such services are provided only in certain areas of activity of criminal police
units, namely:
a) operational protection of agricultural processing enterprises.
b) detection of criminal offenses related to the manufacture, import and
distribution of dangerous food products.
c) investigative counteraction to obtaining illegal benet in the agro-
industrial complex.
d) detection and prevention of activities of organized groups in the area
of housing and communal services.
e) investigative counteraction to criminal offenses in the sphere of
household waste circulation.
f) investigative counteraction to criminal offenses in the sphere of
economy committed at the railway transport enterprises.
g) investigative counteraction to criminal offenses in the sphere
of economy, which are committed in the course of highways
construction.
h) investigative counteraction to criminal offenses related to trafcking
in scrap metal.
At the same time, the issues of operational protection of the machine-
building complex and the resort-recreational sphere by the units of the
criminal police remain unexplored.
Based on the above stated, today there is a need to identify the objects
of operational protection of the machine-building complex and the resort-
recreational sphere by the criminal police units.
1. Methodology
In order to achieve the goal of the Article, the following general and
special methods of scientic knowledge were used.
Monographic method helped in the study of scientic works of scholars,
who examined the problem of operational protection of economic objects.
The methods of analysis and synthesis made it possible to analyze the
views of different scientists on the problem under consideration.
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Comparative and legal method allowed to compare various approaches
of the scholars to the concept of operational protection of economic objects
by criminal police units.
The method of classication was applied for the assignment of the
branches of the machine-building complex, as well as the objects of the
latter to the relevant groups in order to achieve high standards of their
operational protection. The same method was used for identifying the
entities of the resort-recreational sphere.
Statistical method was useful when considering the most signicant data
related to the machine-building complex and resort-recreational sphere in
Ukraine.
Abstract and logical method was used to formulate the relevant
conclusions and suggestions.
2. Literature Review
Since operational and search activities are specic, carried out mainly
by covert means and methods, the activities of operational units should be
referred to as operational protection, which is a kind of branch of social
services that performs specic tasks to ensure legality and rule of law in the
ght against crime. After all, the effective organization of operational services
of the territory (facilities, industries, economic entities, etc.) contributes
to the successful implementation of the principle of social justice in a
specic area of legal relations, as it allows to ensure maximum timeliness,
completeness and objectivity of the investigation; the inevitability of
punishment; the fullest possible compensation for the damage caused to
the State and citizens; investigation of crimes and bringing to justice those
who committed them.
Some authors understand the term operational protection as the
organization of covert work in a designated area, facilities and in the places
where stolen items are sold. This preliminary conclusion can be reached
by analyzing the position of Professor Lekar (1981), who claims that the
operational protection of the sectors and objects of the economy should be
understood as a system of operational and investigative and other measures
carried out where disguised crimes towards the State assets are committed
or may be committed, for the purpose of their timely detection, prevention
or disclosure, identication of all persons involved in such crimes, and
ensuring the possibility of bringing them to justice. Operational services are
based on the untransparent awareness of criminal police units; therefore
the latter should focus on the selection, placement and effective use of
undercover agents in combination with other forces, means and methods
of operational and search activities on previously identied and studied
economic entities.
700
Chyzh Sergii Anatoliyovich, Shahova Kateryna Volodymyrivnа, Dereviahin Oleksii
Oleksandrovich, Dal Adam Lavrentiiovych y Saltovets Sergii Anatoliyovich
To the issue of identifying some objects of operational protection by criminal police units of the
National Police of Ukraine
Atmazhytov and Illichov (1986) hold the same opinion on the denition
of operational protection. According to them it is the set of measures for
the optimal distribution of forces and means that ensure both the receipt
of operational and investigative information in the designated areas, at
individual objects, among various categories of persons of operational
interest, and its timely use to effectively combat crime.
However, according to Berlach (2002), is not only methodically
impractical, but also unprofessional to limit the ow of information to
unofcial sources. The scholar proves that economic crime due to its
latency and material nature of leaving traces in accounting documents can
be stopped only in case of a comprehensive ow of information.
We believe that operational service cannot be of high quality if it is
based only on information coming from undercover agents. After all,
information that covers the situation at the economic object cannot be
comprehensive without the use of other sources and opportunities, as each
undercover agent acts autonomously, so his (her) intelligence capabilities
are limited. At the same time, one should not forget that an undercover
agent is somewhat limited in his (her) actions; the importance and
volume of information he (she) can get depends on his (her) physiological
characteristics, professionalism, position, social status, etc. In addition,
all information received from each undercover employee requires careful
analysis, systematization and verication. Only in this case, and only to a
certain extent, can we talk about an objective assessment of the processes
taking place in a particular economic object.
In the light of the foregoing, we should agree with the denition provided
by Ilnytskyi (2009), who believes that operational protection is a system of
constantly carried out organizational, tactical and operational and search
measures aimed at obtaining (from open and secret sources) objective,
reliable, real information about the state of operation of the object, which
is used to prevent criminal activity, detection and investigation of crimes.
Note that operational protection is not a common concept, which can be
given a complete, logically correct denition.
3. Results and Discussion
The machine-building complex is a basic branch of the economy, its
system-forming element that determines the state of production potential
and defense capabilities of the country. The functioning of all other
industries largely depends on the results of its activities (Kravchenko and
Uvarovskyi, 2017). The machine-building complex of Ukraine includes
more than 20 branches, 58 sub-branches, in which 11,267 enterprises work
(146 large, 1,834 medium, 9,287 small enterprises), which employ about 1.5
million workers (Amosh, 2017).
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CUESTIONES POLÍTICAS
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The machine-building complex of Ukraine covers more than 20
specialized branches, i.e. practically all branches of mechanical engineering.
Depending on which market the products of the machine-building complex
are focused on, they can be conditionally grouped into ve groups:
1. Investment (heavy) engineering – a group of industries, the development of
which is determined primarily by the investment activity of metallurgical,
construction, energy, and transport complexes.
2. Tractor and agricultural machinery – a group of industries whose
development depends on the capacity to pay of agricultural producers and
processors of agricultural products, as well as partly on public demand.
3. Railway engineering is aimed at meeting the demand of the railway industry
of the country.
4. Automotive industry the production of which is focused on the demand of
nal consumers (production of cars), as well as the needs of enterprises,
rms and executive authorities (production of trucks and buses).
5. Electrical engineering, instrument making, machine building is the group of
science-intensive industries, so-called components developing in line with
the needs of all other industries, including mechanical engineering (Pihul
and Pihul, 2018).
The study shows that the most important results in the process of
combating crimes in the machine-building complex can be achieved
by organizing high-quality operational protection of machine-building
complex objects, which can be divided into:
• heavy engineering enterprises.
• agricultural (tractor) engineering enterprises.
• railway engineering enterprises.
• enterprises of the automobile industry.
• enterprises for the manufacture of electrical engineering,
instrument-making, and machine tools.
Besides, employees of strategic investigation units of the National Police
of Ukraine should take into account the location of machine-building
complex facilities, focus on those sectors of the economy that are most
represented in certain regions when planning activities for the operational
protection of machine-building enterprises. Thus, today the main centers
of mechanical engineering are located in the following cities of Ukraine:
Heavy engineering – Kharkiv, Dnipro, Kryvyi Rih, Mariupol, Kyiv, Lviv,
Drohobych;
702
Chyzh Sergii Anatoliyovich, Shahova Kateryna Volodymyrivnа, Dereviahin Oleksii
Oleksandrovich, Dal Adam Lavrentiiovych y Saltovets Sergii Anatoliyovich
To the issue of identifying some objects of operational protection by criminal police units of the
National Police of Ukraine
Electrical industry – Zaporizhzhia, Kharkiv, Odessa, Kiev, Khmelnytskyi,
Berdyansk, Poltava, Kamianets-Podilskyi;
Transport engineering – Kharkiv, Dnipro, Kremenchuk, Mariupol,
Mykolayiv, Kherson, Kyiv, Zaporizhzhia, Lviv, Odesa, Lutsk,
Melitopol;
Machine tool construction – Kharkiv, Kyiv, Berdychiv, Odesa, Cherkasy,
Dnipro;
Instrument engineering – Kyiv, Kharkiv, Ivano-Frankivsk, Lviv, Sumy,
Cherkasy, Zhytomyr, Lutsk;
Agricultural engineering – Kharkiv, Dnipro, Ternopil, Kherson, Odesa,
Kyiv, Berdyansk, Uman, Novograd-Volynsky, Nizhyn, Kolomyia
(Pihul and Pihul, 2018).
It is well-known that today resort-recreational activity is one of the
most protable businesses in the world. This sector has recently become
increasingly important in the structure of national economies and is
developing very rapidly; this service sector is growing much faster in the
countries that give priority to the development of recreation, becoming not
only an increasingly important part of national economies but also the most
important State Treasury ller.
The resort-recreational sphere provides a multifaceted contribution
to the formation of the country’s national wealth. On the one hand, it is
the income of producers of resort and recreational services, jobs creation,
nancial ows of wages, social transfers, taxes, rents, on the other hand –
investment in human capital, which is associated with social development
and health of the nation. This has the effect of substituting public spending
on healthcare with a more effective source of self-nancing of improvement
of public health through the purchase of resort and recreational services
(Humeniuk, 2016).
The 21
st
century opened in Ukraine with the recognition of tourism as one
of the priority areas of national and regional economy. Thus, Ukraine’s resort-
recreational potential offers it great opportunities to become a world-class
recreational State. The expansion of international relations opens new ways to
promote the national recreational product on the world market, involvement in
the world information space, best practices in the organization of recreation.
A signicant part of the natural potential of Ukraine is: recreational
landscapes (forest, coastal, mountain), health resources (mineral waters and
therapeutic muds), nature reserves (national natural and regional landscape
parks, biosphere reserves, park monuments of garden art, etc.), territories for
historical and cultural purposes (architectural and urban monuments, historical
and architectural reserves, etc.).
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CUESTIONES POLÍTICAS
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These are unique resources for the long-term development of recreation areas
and resorts and the best preserved part of the natural environment.
The area of developed and potential recreation areas in Ukraine (excluding
radiation-contaminated) is 12.8% of the country’s territory and is distributed
in relation to the natural features of recreational regions: Carpathian,
Transdniestria, Dnieper, Donetsk-Pryazovskyi, Polissya, Black Sea. The
following factors were taken into account when determining these regions:
geopolitical situation (location of the territory, availability of labor resources,
transport communications, sources of raw materials, energy, history of
development of the territory, traditions, etc.), availability of recreational resources,
tourist infrastructure, demand for recreation and resort, tourist and recreational
policy of the regions (Ivanukh and Danylyshyn, 2008).
However, socio-economic and spiritual development of society is impossible
without recreation and tourism as an integral part of modern life. Ukraine, having
a rich recreational and tourist potential, has all the prerequisites for the formation
of a highly developed recreational and tourist economy. But the potential
opportunities and resources of the resort regions of Ukraine are currently not
fully used. Their further development is largely hampered by problems of legal
and organizational and economic regulation.
The analysis of the tourism market shows that Ukraine has objective
preconditions for intensive tourism development, but market risks, rapid
changes in the economic and social situation in the regions, imperfect regulatory
framework do not contribute to Ukraine becoming a tourist State of European
level. Management of the tourism industry requires the search for non-traditional
approaches and new views at the current stage of market transformation in
Ukraine.
Unfortunately, a number of offences have been committed since the beginning
of the promotion of tourism in Ukraine, along with the development of civil law
relations. At the same time, inadequate legislation and lack of adaptability of
law enforcement agencies in the gradual transition to a market model of legal
relations have led to the spread of offenses, including those related to fraud and
abuse of trust in providing tourist services to their consumers (Kaliuha, 2018).
Currently in Ukraine there are more than 1,400 hotels, tourist centers,
sanatoriums and about 3,000 recreational facilities for accommodation of
vacationers and tourists in Ukraine. Approximately 3 million citizens of Ukraine
are employed in this sphere of economy (Savushkin, 2014).
The range of crimes committed in this area is very narrow: in particular, these
are acts under Articles 149, 190, 191, 200, 212, 358, 366, 368 of the Criminal
Code of Ukraine (LU 2341-ІІІ/2001, April 05). The percentage of crime structure
in this area is as follows: 1) fraud (Article 190 of the Criminal Code of Ukraine)
(92.34%); 2) forgery of documents, seals, stamps and forms, sale or use of forged
documents, seals, stamps (Article 358 of the Criminal Code of Ukraine) (3.51%);
704
Chyzh Sergii Anatoliyovich, Shahova Kateryna Volodymyrivnа, Dereviahin Oleksii
Oleksandrovich, Dal Adam Lavrentiiovych y Saltovets Sergii Anatoliyovich
To the issue of identifying some objects of operational protection by criminal police units of the
National Police of Ukraine
3) Misappropriation, embezzlement or conversion or property by malversation
(Art. 191 of the Criminal Code of Ukraine) (1.43% ) 4) Acceptance of an offer,
promise or receipt of illegal benet by an ofcial (Art. 368 of the Criminal Code
of Ukraine (0.48%, respectively); 5) Forgery in ofce (Article 366 of the Criminal
Code of Ukraine) (0.96%); 5) trafcking in human beings or other illegal
agreement concerning a person (Article 149 of the Criminal Code of Ukraine)
(0.96%); 6) Illegal actions in respect of remittance documents, payment cards
and other means providing access to bank accounts, and equipment for their
production (Article 200 of the Criminal Code of Ukraine) (0.16%) (Andrushko
and Nesterova 2016).
The division of objects of the resort-recreational sphere can be fullled
using such feature as participation of economic entities in the sectors of
production, namely:
1) rst cycle industries include consumer transportation services, hotel
services and catering services.
2) recycling industries are intermediaries between service producers
and consumers (travel agencies, tour operators).
3) third cycle industries are the enterprises that provide services
necessary for the functioning of the rst two sectors: insurance and
legal companies, banks, medical institutions, sports and health and
household services, etc.
4) fourth cycle industries are enterprises that provide reference and
information services (Shepeliuk, 2011).
However, the results of our study have shown, not all of the above
business entities commit or are involved in the commission of crimes in the
economic sphere at the resort-recreational facilities.
The most signicant results in the process of combating crimes in
the economic sphere at the objects of the resort-recreational sphere can
be achieved by organizing the operational maintenance of the following
objects of the resort and recreational sphere:
1) business entities that provide hotel services.
2) travel agencies, tour operators.
3) insurance companies.
4) tour desks.
Besides, when planning activities for the formation of an agency network
at resort-recreational facilities, employees of strategic investigation units
of the National Police of Ukraine should take into account the location of
resort and recreational facilities in the regions of Ukraine. Thus, today the
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CUESTIONES POLÍTICAS
Vol. 39 Nº 68 (Enero - Junio 2021): 696-707
main regions of resort and recreational complexes of Ukraine are: Odesa,
Zaporizhzhia and Transcarpathian regions.
Conclusions
The activity of operational-search subdivisions is rather broad under
modern conditions and is not limited to the implementation of search
operations in relation to certain individuals. For the purpose of timely
detection and prevention of crimes, the operational protection of individual
objects is carried out, taking into account criminogenic and operational
situation. The denition that characterizes such activities is known as
“operational service”.
Today, operational protection is carried out in order to control,
monitor, analyze, assess and forecast the operational situation in the area
of operational services, in industries, on the service objects, on the line of
work (a type of criminal offence or a separate line of operational activity).
At the same time, the regulations of the Ministry of Internal Affairs and
the National Police of Ukraine do not contain provisions that clearly dene
the content of the institution of operational services and its place in the
system of operational and investigative units to combat crime, which, in
turn affects, the practice subjective attitude to it as ordinary employees and
heads of operational units.
The analysis of scientic literature on this issue showed that most
scientists have studied some issues of operational protection, but mostly in
the context of operational and investigative counteraction to certain crimes
or relating to operational and ofcial activities. Besides, this analysis
indicates that the issues of operational protection were mostly studied by
scientists within investigation of the problems and issues of operational and
investigative counteraction to crimes in the area of economics. The problem
of operational protection of the machine-building complex and the resort-
recreational sphere by the criminal police units is almost not reected in
the works of the scientists.
That is why we identied the objects of operational protection of the
machine-building complex and the resort-recreational sphere by the
criminal police within this Article and drew the following conclusions:
1. The organization of operative protection of the machine-building
complex by divisions of criminal police should be carried out in
relation to the following objects of operative service:
a) the enterprises of heavy machine-building.
b) enterprises of agricultural (tractor) engineering.
706
Chyzh Sergii Anatoliyovich, Shahova Kateryna Volodymyrivnа, Dereviahin Oleksii
Oleksandrovich, Dal Adam Lavrentiiovych y Saltovets Sergii Anatoliyovich
To the issue of identifying some objects of operational protection by criminal police units of the
National Police of Ukraine
c) railway engineering enterprises.
d) enterprises of the automobile industry.
e) enterprises for the manufacture of electrical engineering,
instrument-making, and machine tools.
2. The organization of operational protection of the resort-recreational
sphere by the criminal police units should be carried in relation to
the following objects:
a) business entities that provide hotel services.
b) travel agencies, tour operators.
c) insurance companies.
d) tour desks.
Bibliographic References
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of development: scientic and analytical report. Institute of Industrial
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ANDRUSHKO, Andrii; NESTEROVA, Iryna. 2016. Crime in the area of tourism:
criminological characteristics and prevention: monograph. LLC “IVA”.
Uzhgorod, Ukraine.
ATMAZHYTOV, Valerii; ILLICHEV, Viktor. 1986. Organization of operational
protection as an important direction to increase the level of investigation
of crimes. Academy of the Ministry of Internal Affairs of the USSR.
Moskow, Russia.
BERLACH, Anatolii. 2002. “Content and features of operational protection
of nancial activities of agricultural production entities” In: Scientic
Bulletin of the National Academy of Internal Affairs of Ukraine. No. 2
Part 2, pp. 80–90.
HUMENIUK, Vitalii. 2016. State regulation of the resort-recreational sphere:
a monograph. Kyiv National University of Trade and Economics. Kyiv,
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