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
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Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.39 N° 70
2021
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Vol. 39, Nº 70 (2021), 524-547
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Comparative analysis of the legislative
support for law enforcement agencies in
the post-soviet space and Europe
DOI: https://doi.org/10.46398/cuestpol.3970.31
Demian Smernytskyi *
Kostiantyn Zaichko **
Yurii Zhvanko ***
Malvina Bakal ****
Tetiana Shapochka *****
Abstract
The aim of the study was to determine the most eective
model for regulating law enforcement in Europe and the post-
Soviet space, as well as to formulate recommendations for the
unication and standardization of legislation in this area. The
empirical background was statistics on crime rates, premeditated
murders by country; provisions of legislation governing the law enforcement
activities of 13 countries and international regulations. Methods of system
approach, descriptive statistics, descriptive analysis, generalization and
prognosis, system selection, comparative method was used. The activities
of law enforcement agencies are aimed at ensuring public order, national
security and the protection of human rights, freedoms, and interests.
Each state has its own law enforcement system, which is clearly regulated.
The main indicator of the eectiveness of law enforcement is the crime
rate and the level of security in the country. It is concluded that the most
eective is the law enforcement model with its fundamental principles of
decentralization of law enforcement agencies.
Keywords: law enforcement; law enforcement agencies; law and order;
national security; crime.
* Doctor of Juridical Sciences, Co-Director, State Research Institute of the Ministry of Internal Aairs of Ukraine.
ORCID ID: https://orcid.org/0000-0001-6066-0324. E-mail: sdv22@ukr.net
** Candidate of Juridical Sciences, Нead of Research Department, State Research Institute of the
Ministry of Internal Aairs of Ukraine. ORCID ID: https://orcid.org/0000-0001-5987-3197. Email:
zaitsevaalla923@gmail.com
*** Candidate of Juridical Sciences, Researcher, State Research Institute of the Ministry of Internal Aairs
of Ukraine, 3rd Research Department of the Research Laboratory of Forensic and Special Equipment.
ORCID ID: https://orcid.org/0000-0001-6413-5156. Email: urijsosnickij32@gmail.com
**** Candidate of Juridical Sciences, Researcher, State Research Institute of the Ministry of Internal Aairs
of Ukraine. ORCID ID: https://orcid.org/0000-0002-7623-890X. Email: malvinab@gmail.com
***** Candidate of Juridical Sciences, Senior Researcher, State Research Institute of the Ministry of Internal
Aairs of Ukraine. ORCID ID: https://orcid.org/0000-0002-0120-123X. Email: sti1l@online.ua
525
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 524-547
Análisis comparativo del apoyo legislativo a los
organismos encargados de hacer cumplir la ley en el
espacio postsoviético y Europa
Resumen
El objetivo del estudio fue determinar el modelo más ecaz para
regular la aplicación de la ley en Europa y el espacio postsoviético, así
como formular recomendaciones para la unicación y estandarización de
la legislación en esta área. El trasfondo empírico fueron estadísticas sobre
tasas de criminalidad, asesinatos premeditados por país; disposiciones de
la legislación que rigen las actividades de aplicación de la ley de 13 países y
reglamentos internacionales. Se utilizaron métodos de enfoque de sistema,
estadística descriptiva, análisis descriptivo, generalización y pronóstico,
selección de sistema, método comparativo. Las actividades de los organismos
encargados de hacer cumplir la ley tienen por objeto garantizar el orden
público, la seguridad nacional y la protección de los derechos humanos, las
libertades y los intereses. Cada estado tiene su propio sistema de aplicación
de la ley, que está claramente regulado. El principal indicador de la ecacia
de la aplicación de la ley es la tasa de delincuencia y el nivel de seguridad
en el país. Se concluye que, el más ecaz es el modelo de aplicación de la ley
con sus principios fundamentales de descentralización de los organismos
encargados de hacer cumplir la ley.
Palabras clave: aplicación de la ley; organismos encargados de hacer
cumplir la ley; orden público; seguridad nacional;
delincuencia.
Introduction
The main objective of every democratic state governed by the rule of
law is to ensure the protection of human rights and the rule of law in all
spheres of public life. The main actors in fullling this objective at the state
level are national law enforcement agencies (Svechnikov, 2016). The law
enforcement is not an exclusively domestic, national activities, but is also
provided at the international level. In particular, the EU has adopted a
number of regulations that contain the main international standards of law
enforcement in European countries - the European Security Strategy (Jahnz
et al., 2020), which is basis for other regulations (EU Internal Security
Strategy 2015-2020, European Security Program 2015, Global Strategy for
the European Union’s Foreign and Security Policy 2016). There are also a
number of EU law enforcement agencies, whose activities are also governed
by the said regulations. The international law enforcement agencies and
the legal framework governing their activities underscore the importance of
eective legislative regulation of law enforcement activities.
526
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
In the context of current globalisation and universalisation of
national legal systems, radical changes are taking place in the legislative
regulation of law enforcement agencies at all levels. In particular, it
concerns the strengthening of international cooperation in the activities
of law enforcement agencies (Sallavaci, 2018), including intercontinental
(between the EU and Australia) (Hufnagel, 2016); ensuring cross-border
access of law enforcement agencies to information on evidence in certain
categories of crimes (Warken et al., 2020), as well as ensuring security and
observance of rights during such access (Daskal, 2016).
These reforms in dierent countries do not follow the same path,
choosing the most optimal way of reform for their national legislation. But
this path is not always the most eective and not in all cases such theoretical
legislative activities bring the expected results during the practical
application of relevant regulations (Scholten and Luchtman, 2017). With
regard to individual countries, it is noted that the current system of legal
regulation does not fully meet the needs of practical activities in the eld of
protection of human rights and freedoms (Udaltsova, 2009).
The importance of legislative support for this type of activity of state
internal aairs bodies is also conrmed by the fact that such support is
provided at the international level as well. Scholars scrutinise the issue of
EU law enforcement bodies (Scholten et al., 2017), as the means of such
support must be universal and meet modern requirements. Therefore, the
national legislation of the EU is quite similar, including in the regulation of
law enforcement.
Issues of legislative support of law enforcement are studied at dierent
angles. In particular, the role of training modules for law enforcement
ocers and their importance are determined (Renzetti et al., 2015); the
problems of training and education of law enforcement ocers are studied
(Wainwright, 2017); proposals are made for the application of ethical
codes of law enforcement agencies (Kozlovska and Kirilieva, 2020); the
importance of automated systems and their development in local law
enforcement is studied (Shormee, 2020). The problems of legal restrictions
and current challenges for the police and law enforcement agencies in
general are not left aside either (Vacca, 2019). Specialised activities of
law enforcement agencies are also studied, for example, the development
of law enforcement intelligence services (Gill, 2017); legal regulation of
law enforcement agencies to combat economic crime (Nipialidi, 2020);
activities to coordinate crime prevention by law enforcement agencies
(Tologon, 2017), etc. In the context of the development of the information
society, research on the impact of modern digital technologies and articial
intelligence on the regulation of law enforcement at the national and
international levels is becoming especially topical (Nissan, 2017).
527
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 524-547
Quite a large number of studies deal with the analysis of certain issues of
regulation of law enforcement in some European countries: the eectiveness
of the training system of the National Police of Spain (Ramos Perez, 2017);
the possibility of involving additional law enforcement agencies in the law
enforcement system (on the example of Hungary) (László, 2017), etc. is
investigated.
Instead, these issues related to the legislative support of law enforcement
agencies in the post-Soviet space are much less studied. Legislation in
various areas of regulation, including law enforcement, in these countries
still remains far from EU standards and world practices. In particular, a
number of works deal with the problems of law enforcement agencies in
Ukraine from the standpoint of legal support of information and analytical
activities of the National Police of Ukraine under the current conditions
of European integration and globalization (Senyk, 2020). The research
also analyses the system of law enforcement agencies of individual states,
which is also important for determining the eectiveness of a legal model of
legislative regulation of law enforcement (Beketov et al., 2018).
Therefore, the issue of reforming the activities of law enforcement
agencies, its legislative support and the development of the most eective
ways to implement state policy in the eld of law enforcement becomes
particularly topical (Grith, 2017). Given the above, the main problem
is to establish the most eective legislative model for regulating law
enforcement, as well as to identify the main current trends that need to be
taken into account when reforming the legal regulation of law enforcement
(Discover Policing, n.d.).
In view of the above, the aim of this study is to determine the most
eective legislative model for regulating the activities of law enforcement
agencies in individual European countries and the post-Soviet space
through comparison, and to make recommendations for unication and
standardisation of legislation in this area. The comparison of eciency
of law enforcement agencies and denition of the basic characteristics
of models of legislative regulation of law enforcement will be carried out
within the stated aim.
1. Methodology and methods
This study was carried out taking into account the practical objectives
in stages relying on the logic of the study and presentation of the material.
These stages included: search and selection of literature and electronic
resources, as well as relevant regulations; analysis of the material presented
in the selected sources and evaluation of the results of these studies;
identication of urgent problems of legislative support of law enforcement
528
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
agencies in some countries; determining the aim of the article; drawing
conclusions and practical recommendations for improving the eciency of
law enforcement agencies; outlining prospects for further research in this
area.
This study involved global and regional statistics on the crime rates
in general, as well as its quantitative indicators for certain categories of
crimes (for example, the number of premeditated murders) by individual
European countries and post-Soviet countries. Statistics on the ratio of the
number of police ocers to the population of the region, data on the most
and least dangerous countries in the studied regions were also used. These
data allow establishing the most eective model of legislative regulation of
law enforcement.
The empirical background of the study consisted of national and
international regulations governing the activities of law enforcement
agencies. To analyse the provisions of national legislation governing the
activities of law enforcement agencies in individual countries and at the
international level, we reviewed the legislation governing law enforcement
activities in 13 countries (Croatia, Ukraine, Norway, the Federal Republic
of Germany, France, Poland, Great Britain, Spain, The Russian Federation,
the Netherlands, the Republic of Kazakhstan, the Republic of Estonia,
Belgium), as well as the regulatory framework of EU law enforcement and
international regulations.
To achieve this aim, the following methods were used in this study:
systems approach was used to study the legislative support of law
enforcement at the national and international levels as a holistic system
of interrelated regulations and identication of current models of law
enforcement; descriptive statistics, which was used to select, process,
analyse and summarise statistics on the eectiveness of law enforcement
agencies in individual European countries and the post-Soviet space; the
comparative method was used to compare the ways of legislative support
of law enforcement in individual countries and the eectiveness of such
bodies depending on the model of the law enforcement system; descriptive
analysis was used to arrange, classify and summarise the most peculiar
features of dierent models of law enforcement in individual countries and
their legislative regulation; system selection was used to select the most
typical legislative models of law enforcement in some European countries
and the post-Soviet space; generalisation and forecasting methods were
used to identify the most eective legislative model for regulating law
enforcement activities and to develop proposals and recommendations
for improving and unifying the regulation of law enforcement activities in
Europe and the post-Soviet space.
529
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 524-547
2. Results
Law enforcement is the general name for the activities of bodies
responsible for maintaining public order and ensuring the rule of law, in
particular activities for the prevention, detection, investigation of crimes
and detention of criminals (Oce of Justice Programs, n.d.). The activities
of these bodies within their functions are aimed primarily at ensuring law
and order, national security at all levels, as well as protection of human
rights, freedoms, and interests in society.
Each state has its own system of law enforcement agencies, which is
clearly regulated by current national legislation. As a rule, these are special
regulatory acts that dene the system of law enforcement agencies, its
principles, rights and responsibilities of law enforcement agencies, the
scope of their activities, etc. (see Table 1).
Table 1. Legislation governing the activities of law enforcement
agencies (by countries)
Country Regulations
Great Britain
Police Act 1964, Greater London Authority Act 1999, Police and
Magistrates’ Courts Act 1994, Police Act 1996
Republic of
Poland
Police Act 1990, Oce of the Minister of the Interior Act 1996,
County Self-Government Act 1998, Local Self-Government Act
1990, and Administration Division Act 2007
Republic of
Estonia
Police and Border Guard Act 2009
Croatia
Police Act, Government Resolution on the Internal Organisation
of the Ministry of Internal Aairs, and the Police Code 2000
France
Decree on the Personnel of the Operational Services of the French
National Police 1968, Law on the Rights and Duties of Civil
Servants 1983, Decree on Police 1986, Decree on the National
Police of France, Law on Strengthening Security and Protection
of Individual Freedom 1981, Law on the Modernisation of the
French National Police 1985, Law on the Special Status of the
Technical and Training Corps of the National Police 2004
Germany
Law on the Federal Criminal Police Oce and Cooperation of the
Federation and the Lands in Criminal Cases 1997, Federal Police
Act 1994, Law on the Use of Direct Coercion in the Exercise of
Public Power by Federal Ocials 1961
530
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
Spain
The Constitution of Spain of December 29, 1978; Organic Laws
of the Kingdom of Spain No. 2 of 13 March 1986 on Forces and
Security Corps, No. 6 of 1 July 1985 on the Judiciary, No. 11 of
17 July 1991 on Disciplinary Regime in Civil Guard Units; Law
of November 25, 1999 on the Sta Regulation of the Civil Guard
Corps; Law on Criminal Conviction as amended by Organic Laws
No. 14 of June 9, 1999 and No. 5 of January 13, 1999; Royal
Decree No. 239 approved by the Council of Ministers on 18 April
2000, enacting the Law on the Rights and Freedoms of Foreigners
and their Integration of 1 February 2000; Real Decree No. 769/87
on Regulation of Judicial Police; Real Decrees No. 84/87, 93/88,
84/89, 327/1999 (general legal norms for the functioning of the
national police corps), No. 116/2000, 1257/1999, 1523/1999,
1115/1999, 483/1999, 367/1997, 1951/1995, 1562/1995,
regulating various areas of activity of the Civil Guard; statutes of
the autonomous regions, which contain the rules of law on police
activities in the regions (for example, Law No. 10/94 on the Police
of Catalonia); local police laws existing in each of the Autonomous
Communities (for example, in Catalonia, Local Police Act
No. 16/91; in Valencia —Local Police Act and the Local Police
Coordination Act of the Autonomous Community of Valencia)
Ukraine
Law “On the National Police” 2015, “Instruction on the Procedure
for Attestation of Police Ocers” 2015, “On Organisation of
Selection (Competition) and Promotion of Police Ocers” 2015,
“Instruction on Organization of Activities of Duty Units and
Divisions of Internal Aairs of Ukraine Aimed at Protecting the
Interests of Society and the State from Unlawful Encroachments”
2009, “Rules of Internal Procedure in Temporary Detention
Facilities of Internal Aairs of Ukraine” 2008, “Regulations on the
Procedure for Dealing with Citizens’ Appeals and the Organisation
of their Personal Reception in the System of the Ministry of
Internal Aairs of Ukraine” 2004, “Instruction on the Procedure
for Maintaining a Single Record in the Police of Statements and
Notications of Criminal Oenses and Other Events” 2015, “On
the Organisation of Response to Reports of Criminal Oenses,
Other Oenses, Emergencies and Other Events and Providing
Prompt Information in the Bodies and Departments of Internal
Aairs of Ukraine” 2012; “On Measures to Comply with the Law
in the Detention without the Decision of the Investigating Judge,
the Court of Persons Suspected of Committing a Crime, and in
the Selection of a Precautionary Measure against Suspects —
Detention in the Course of Criminal Proceedings” 2013.
Russian
Federation
Federal Law “On Police” 2011, Federal Law “On Service in
Internal Aairs Bodies” 2011, Order “On Approval of the Rules for
the Wearing of Uniforms, Insignia and Departmental Insignia by
Employees of Internal Aairs Bodies of the Russian Federation”
2013
Norway Police Act 1995
Netherlands Police Act of the Kingdom of the Netherlands 1993
Republic of
Kazakhstan
Law “On Internal Aairs of the Republic of Kazakhstan” 2014,
Order “On Approval of the Police Ocer Standard” 2020.
Belgium
Law “On Police Activity” 1992, Law “On Organisation of Integrated
Police Service Structured on Two Levels” 1998
531
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 524-547
International
regulations
Code of Conduct for Law Enforcement Ocials 1979; Basic
Principles on the Use of Force and Firearms by Law Enforcement
Ocials 1990; 1979 Police Declaration; Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power
1985; Body of Principles for the Protection of All Persons under
any form of Detention or Imprisonment 1988; Declaration on the
Protection of All Persons from Enforced Disappearance 1992)
EU
regulations
Europol Convention 1999, Recommendation to Member States in
respect of Europol’s Assistance to Joint Investigative Teams set
up by Member States 2000, Recommendation to Member States
in respect of Requests made by Europol to Initiate Criminal
Investigations in Specic Cases 2000, Decision of the Council
of the EU Setting up Eurojust with a view to Reinforcing the
Fight against Serious Crime 2002, European Security Strategy,
EU Internal Security Strategy 2015-2020, European Security
Program 2015, Global Strategy for the EU’s Foreign and Security
Policy 2016
A clear indicator of the eectiveness of law enforcement agencies, as well
as the system of its legislative regulation is the eectiveness of the practical
application of the rules governing this activity. One of the indicators of
the eectiveness is the crime rate in the country, including the number of
premeditated murders (as a crime that is one of the most socially dangerous
because it encroaches on the highest value of any rule of law — human life
and health) (see Table 2).
Table 2. Crime rate by countries
Country
Crime
rate
Premeditated murders
Rate (per 100,000
people)
Number (per 100,000
people)
Austria 25.23 0.97 86
Belgium 44.17 1.70 193
Great Britain 45.26 1.20 809
Greece 44.14 0.94 99
Georgia 22.62 2.22 89
Denmark 26.72 1.01 52
Spain 33.13 0.62 290
Italy 44.32 0.57 345
Latvia 37.21 4.36 84
Lithuania 33.84 4.57 128
532
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
Netherlands 27.22 0.59 100
Germany 35.42 0.95 788
Norway 33.35 0.47 25
Poland 29.32 0.73 272
Portugal 29.89 0.79 81
Republic of
Azerbaijan
31.66 2.2 219
Republic of
Belarus
60.27 2.39 226
Republic of
Bulgaria
38.12 1.30 92
Republic of
Armenia
23.35 1.69 50
Republic of
Kazakhstan
54.02 5.00 915
Republic of
Moldova
46.56 4.10 166
Republic of
Uzbekistan
34.70 1.1 363
Russian
Federation
40.13 8.21 11,964
Slovenia 21.79 0.48 10
Turkey 39.53 2.59 2133
Hungary 34.81 2.50 242
Ukraine 48.28 6.20 2,751
Finland 27.01 1.03 90
France 49.2 1.20 799
Czech
Republic
25.31 0.60 66
Switzerland 21.35 0.59 50
Sweden 47.2 1.08 108
Source: United Nations Oce on Drugs and Crime (n.d.)
Based on the crime rate, the safest and least safe countries to live in are
identied. The level of safety of living in the country directly depends on the
crime rate, which is a determining factor (see Table 3).
533
CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 524-547
Table 3. Safety of living in countries
The safest
countries
Safety index
The least safe
countries
Safety index
Switzerland 78.65 Republic of Belarus 39.73
Slovenia 78.21 Republic of Kazakhstan 45.59
Georgia 77.38 France 50.8
Republic of Armenia 76.65 Ukraine 51.72
Austria 74.77 Sweden 52.8
Czech Republic 74.69 Republic of Moldova 53.44
Denmark 73.28 Great Britain 54.74
Finland 72.99 Italy 55.63
Netherlands 72.78 Belgium 55.83
Poland 70.68 Greece 55.86
Source: Numbeo (2021)
There are also dierences in the number of police ocers in relation to
the population in dierent countries. But does this quantitative indicator
aect the eectiveness of the right to protected activities in the eld of
security and protection of human rights? The answer to this question can
be given by comparing the number of crimes committed (for example, the
number of premeditated murders) and the number of law enforcement
ocers, reading the data presented in Table 4.
Table 4. Ratio of the number of police ocers to premeditated
murders (per 100,000 inhabitants)
Country
Number of police
ocers
Number of
murders
Belgium 370.4 1.8
Spain 385.3 0.8
Italy 467.2 0.9
Portugal 454.2 1.1
Republic of Bulgaria 398.1 1.7
Republic of Kazakhstan 444.8 8.8
Russian Federation 547.3 9.7
534
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
Slovakia 394.0 1.8
Turkey 474.8 3.3
Ukraine 384.4 4.3
Czech Republic 393.8 0.8
Source: Volkov (2021).
As mentioned above, law enforcement agencies ensure security in
society in all spheres of life, as well as take certain measures to combat
crime. Therefore, indicators on the level of crime, including the number of
premeditated murders, as well as the safety of living in a particular country
determine the eectiveness of law enforcement, as well as the quality of
legislation in this area and its practical application. But the number of law
enforcement ocers in relation to the population does not radically aect
the crime rate, and, consequently, the quantitative indicator is not decisive
for determining the eectiveness of law enforcement.
Such countries as Switzerland, Slovenia, Georgia, the Republic of
Armenia, Austria, Denmark, Finland, the Czech Republic, the Netherlands,
Poland have the most eective legislative regulation of law enforcement.
A vast majority of EU countries have a legislative model for regulating
law enforcement, which provides for the cooperation of law enforcement
agencies with the population within stable territorial communities. The main
task of the police is to resolve conict situations and other problems that
arise among members of a particular community, using restorative justice.
Restorative justice is an approach in which all parties to a particular oense
come together to collectively decide what to do with the consequences of
the oense and what their impact may be on the future (Centre for Justice
and Reconciliation, 2021).
That is, this approach to responding to illegal behaviour and committing
crimes takes into account the balance of interests of the victim, the
oender and the community (Institute of Peace and Understanding, n.d.).
Accordingly, this practice can be considered the most eective way to resolve
conicts related to the commission of oenses, and one of the activities to
combat crime, as there are positive social changes, and the crime rate is
signicantly reduced.
Switzerland has the most experience in implementing decentralised
socially oriented law enforcement (of the countries under study, it has
the lowest crime rate and the highest safety rate), where there is no single
centralised law enforcement agency at all. However, despite decentralisation,
co-operation between law enforcement and local government is clearly
regulated by law, which is monitored by police commanders and city police
sheris (Bilas, 2016).
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In particular, Poland has begun the course for radical reform of law
enforcement agencies in the early 90’s of the 20
th
century. The new Law
on the Police has signicantly limited the scope of police activities, leaving
it to ght crime and perform preventive functions in this area. One of the
novelties was also the legislative regulation in the same law of cooperation
of law enforcement ocers with local governments. In addition, competitive
recruitment was introduced, where preference was given to persons
who had not previously served in law enforcement agencies; governing
bodies have been completely restored. The main tasks of law enforcement
reform also included the organisation of the education system for police
ocers of various specialisations (law enforcement, anti-terrorist units,
units for combating economic, drug and transport crime). During the law
enforcement reform in Poland, two forms of law enforcement agencies
were identied: state paramilitary armed formations that perform tasks of
law enforcement (police, border, hunting, national, transport protection);
other police actors that do not belong to the militarised bodies of public
administration (pharmaceutical, sanitary, veterinary inspection) (Karpiuk,
2015a, 2015b, 2015c).
As for Georgia, the reform of law enforcement in this country began
with one of the rst among the post-Soviet countries (as well as in the
Baltic countries). This reform was launched in 2004, and about 90% of law
enforcement ocers (including all management) were red, recruitment
was based on competitive selection based on standards and evaluation
forms developed in Europe. In general, the law enforcement system was
reorganised from a punitive structure into a security-oriented service
organisation. These changes were enshrined in the Law of Georgia “On
Police” of 2013 (Law of Georgia «On Police», 2013).
As for the post-Soviet countries, the activity of law enforcement agencies
in the vast majority of them is exclusively centralised state sphere, which is
built on the principle of clear structuring, hierarchy, and its activities are
guiding and manifested in the use of coercion (repression) in response to
oenses. Within this model of legislative regulation of law enforcement, little
attention is paid to the preventive side of law enforcement, and the issue of
cooperation between the police and society is almost not considered. The
system of law enforcement bodies in the Republic of Belarus, the Republic
of Kazakhstan, the Russian Federation, etc. is built on this principle. Given
the above statistics, the crime rate in these countries is the highest among
the studied countries, which indicates the ineectiveness of this form of
legal regulation of law enforcement in modern conditions.
Accordingly, the activities of these bodies in dierent countries have
their own specics, although there are some common features that allow
us to identify the so-called models of law enforcement. Two models
are distinguished in the theory on the basis of these features; both law
536
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Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
enforcement activities and their legislative regulation are carried out
through those two models.
The most common are two models, which are built depending on legal
family a country belongs to: continental (continental European) and Anglo-
American (Anglo-Saxon). Both models assume that law enforcement
agencies are a legally regulated institution of social security and response,
authorised by the state to ensure respect for human rights and freedoms,
but these functions are implemented in dierent ways. In the countries
of the continental European legal family (Federal Republic of Germany,
France, Italy and others) law enforcement is exclusively a state sphere,
which ensures the protection of social interests of individuals, society
and the state as a whole, as well as the use of coercion in response for an
oense, it is characterised by clear subordination; the leading role belongs
to legislative regulation. Instead, the Anglo-American model (Great
Britain) provides for the possibility of implementing the law enforcement
function not only by government agencies, but also by non-governmental
law enforcement agencies, which indicates a certain decentralisation of law
enforcement agencies; judicial practice plays an important role here.
In the current conditions of universalisation and strengthening of
international relations, clear dierences between the forms of legal support
of public life of the countries of these legal families tend to disappear.
Therefore, there is a combination of features of both legal families in the
eld of legislative regulation of law enforcement agencies both the countries
with a continental European model of law enforcement, and with the Anglo-
American one. Within the framework of state policy on security, law, and
order, this is reected in the fact that there is a gradual reform of the law
enforcement system in accordance with modern requirements: departure
from exclusively law enforcement activities related to coercion, and the
organisation of law enforcement activities that will expand preventive
(non-criminal, non-coercive) functions.
Particular attention is paid to the legislative support and organisation of
municipal police activities based on the principle of decentralisation. The
principle of decentralisation of the creation of municipal law enforcement
agencies provides for the absence of departmental police formations, which
are formed by local executive bodies (territorial communities), which act
on behalf of this authority and are subordinated to it. The so-called local
(communal) police are formed instead, its activities are regulated by law
and consist of preventive and protective measures. The implementation of
such functions is possible with the close cooperation of law enforcement
agencies with the population, social services, governmental and non-
governmental organisations, ensuring law enforcement, security,
protection of human rights and freedoms, the use of means to prevent and
combat crime. This task can be realised through the provision of advice
537
CUESTIONES POLÍTICAS
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to the public, the development of proposals for the use of certain tools,
the development of popular education programs and courses, which will
provide an understanding of the essence and increase the eectiveness of
local law enforcement. And communities here should become the main
subject of realisation (along with law enforcement agencies).
Despite the fact that the functioning of the communal form of
law enforcement is insuciently studied, the basic principle of this
activity (cooperation between police and citizens) has already proved its
eectiveness, as it is aimed primarily at identifying the causes and conditions
of crime and their elimination. Reforming law enforcement agencies taking
into account this principle is becoming more widespread among European
countries (Britain, France, Germany, etc.). There are six main models of the
functions of the communal police (see Figure 1).
The new model of activity of the bodies of internal aairs provides
for legislative consolidation of its principle: from retrospective-reactive,
which consists in reaction to the already committed oence, to perspective,
which will involve prevention of commission of such oenses. This, in
turn, necessitates overcoming legal nihilism both among law enforcement
agencies and among community residents, as well as the creation of a clear
system of local self-government of territorial communities.
Figure 1. Models of communal police functions
Source: Bilas (2016).
Thus, the most eective is the model of law enforcement, where the main
principles are the decentralisation of law enforcement; social orientation of
policing, which consists in cooperation of law enforcement agencies with
538
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
citizens; promising nature of activities aimed at preventing oences. These
principles should be enshrined in law to ensure implementing this model of
law enforcement (see Figure 2).
Figure 2. The purpose of law enforcement reform
Source: Bilas (2016)
But determining the most eective model of legal regulation of law
enforcement is not enough, because the changes taking place in the world
as a whole and in individual countries in particular require a new look at
existing, even fairly eective models of law enforcement. It is necessary to
take into account the current trends that have emerged in recent years in
the further reform of the legislation on the regulation of law enforcement
activities. These trends are manifested in the changes that occur in almost
all spheres of public life — economics, politics, government, education,
culture, etc. And it is the law enforcement agencies that must respond to
these changes, because ensuring security at the appropriate level will be
impossible without taking into account the latter.
In particular, the development of society in the context of informatisation,
globalisation and human-centeredness requires government agencies,
institutions and organisations to ensure law and order to adapt to new
levels of transparency and universal access to information in all areas;
the adoption and legislative support of national policies to promote
better relations between the police and society; introduction and use of
new technologies that will help increase the eciency of policing, as well
as establish close cooperation with the community; developing a deeper
understanding of the relationship between the quality of education and the
eectiveness of law enforcement (Fritsvold, n.d.a). Today, there are ve
main trends in the world that need to be taken into account when reforming
(forming) the law enforcement system (see Figure 3).
539
CUESTIONES POLÍTICAS
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Given the need for each state to respond immediately to the needs of
society in the eld of law and order, protection of human rights and freedoms,
it is necessary to oblige legislators to include the necessary rules in existing
legislation at the national level. A separate legal act can provide that, which
will be of a recommendatory nature and will be valid for EU member states,
as well as member states of other regions. This document may be entitled
“Recommendations for the Legislative Regulation of Law Enforcement” and
will include: principles of law enforcement at the national level (rule of law,
legality, justice, human centrism, decentralisation); recommendations for
the transition from an authoritarian to an inclusive leadership style in order
to expand law enforcement opportunities; the procedure for creating socially
oriented law enforcement agencies (expanding ties with citizens, creating
specialised communities, developing partnerships between the police and
society); gender quotas for law enforcement ocers in order to attract
more women and the importance of increasing the number of female police
ocers for certain categories of oenses; recommendations for advanced
training of young law enforcement ocers (providing opportunities for
higher education, development of analytical, communication skills); a list
of educational programmes that need to be developed under the current
conditions of emergence and development of new types of crime (on
knowledge of current legislation, on the use of new equipment to ensure
eective combating of cybercrime); recommendations for providing law
enforcement agencies with the necessary means, as well as the description
of the latest tools and the latest technologies to increase the eectiveness of
law enforcement activities.
540
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
Figure 3. Current trends in law enforcement
Source: Fritsvold (n.d.a, n.d.b, n.d.c), University of San Diego (n.d.)
3. Discussion
Legislative regulation of law enforcement in modern conditions is not
eective in all studied countries in Europe and the post-Soviet space. This
541
CUESTIONES POLÍTICAS
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view is conrmed in the study of the essence of law enforcement, as well as
the types and forms of performance of police functions (Svechnikov, 2016),
as well as attention is paid in research on law enforcement reform in other
regions of the world (Tomberlin, 2018). This is conrmed by the number of
cases of human rights violations by law enforcement ocers (for example,
in Ukraine (Hladchuk, 2020), the Republic of Belarus (Zlobina, 2020)
and in the world as a whole (Hall, 2020)), in particular under the current
conditions of the ongoing pandemic (Amnesty International, Human Rights
General, 2020) in many countries.
The most eective is the model of legislative regulation of law
enforcement, which enshrines not only the establishment of decentralised
and socially oriented law enforcement agencies, but also the use of modern
technical means, especially in the context of globalisation and cooperation
of law enforcement agencies in combating crime (Sallavaci, 2018).
Modern digital technologies should be implemented in law enforcement,
as this will increase its eciency (Nissan, 2017). Therefore, it is dicult
to agree with the view that modern technologies can limit the activities of
law enforcement agencies or reduce its eciency (Lum et al., 2017). After
all, modern software is able to provide eective prognostic (preventive)
activities of the police in cooperation with the public (Shapiro, 2017).
The position that the organisation of law enforcement agencies requires
the management of their activities based on the principle of justice, which is
fundamental, is ambiguous (Wolfe et al., 2018). It is impossible to single out
among the principles of legislative regulation and practical implementation
of law enforcement agencies, because all the principles of a democratic
state governed by the rule of law, together with special principles must
be observed in the complex: legality, rule of law, justice, decentralisation,
human centrism.
Some studies also focus on the need to reform law enforcement in order
to work closely with the police and society, which will also help reduce the
number of oences committed by law enforcement agencies (Mummolo,
2018). Besides, given the results of this study, we agree that one of the
main directions in law enforcement reform is to provide training for police
ocers, which will help overcome legal nihilism.
Conclusions
The study allows drawing a number of conclusions about the eectiveness
of legislative models of law enforcement regulation. It is established
that the main indicator of law enforcement eciency is two interrelated
indicators: the crime rate and the level of safety in the country. The most
eective is the model of law enforcement with the main principles being
542
Demian Smernytskyi, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal y Tetiana Shapochka
Comparative analysis of the legislative support for law enforcement agencies in the post-soviet
space and Europe
the decentralisation of law enforcement; social orientation of policing,
which consists in cooperation of law enforcement agencies with citizens;
promising nature of activities aimed at preventing oences. Enshrinement
of these principles at the level of national and international legislation will
provide an opportunity to understand the objectives of law enforcement to
ensure law and order.
In order to unify and standardise the legislative regulation of law
enforcement agencies at the international level, it is advisable to adopt a legal
act “Recommendations on the Legislative Regulation of Law Enforcement
Activities”, which will include the following provisions: principles of law
enforcement; recommendations for the transition from an authoritarian to
an inclusive leadership style; the procedure for creating socially oriented
law enforcement agencies; gender quotas for law enforcement ocers;
recommendations for advanced training of young law enforcement ocers;
a list of educational programmes to be developed under the conditions of
emergence and development of new types of crimes; recommendations
for providing law enforcement agencies with the necessary means and a
description of the latest tools and the latest technologies.
This study opens up the prospects for further development to improve
national legislation and international regulations in the eld of law
enforcement in Europe and the post-Soviet space from the standpoint of
harmonisation and unication of legislation in the studied area.
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