ORDER OR ARRANGEMENT EXECUTION IN THE ACTIVITY OF WORKERS OF LAW ENFORCEMENT AUTHORITIES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article discusses the current legislation of Ukraine, certain provisions of criminal law doctrine, about order or arrangement execution in the activity of workers of law enforcement authorities. In the article, author note legislation and doctrine of giving and execution order or arrangement by the police, public prosecutor’s office and SSU workers. The main problem of order or arrangement execution in the activity of workers of law enforcement authorities is different models in the legislation of Ukraine for the activity of workers of law enforcement authorities in different situations. Order or execution are understanding as legislative act, legislative document, regulatory act of governance, which is legally authoritative. In the theory of international law are two models of order or arrangement execution: «smart bayonets» and «passive execution». In the legislative of Ukraine, these two models are combining with each other but it is incorrect. The doctrine of «passive execution» implies that the subordinate must execute any orders of the commander without discussion and reflection on the subject of legality, responsibility for actions committed by subordinates rests with the commander. The advantages of this doctrine is that in a combat situation significantly save time, the subordinate has no right to discuss the order of the commander and is not responsible for their actions taken to implement the order. Disadvantages of this doctrine is that the subordinate commander can give any order and he is obliged to do, even if the subordinate understands illegality loyal order. The subordinate depends entirely on the commander and become a tool in achieving this goal. The application of this doctrine would lead to exempt from the responsibility of many criminals since they are at the Nuremberg Trials constantly referred to the fact that the order executed. The doctrine of «smart bayonets» provides that a subordinate who ordered should consider it for compliance with the law. In the case of non-compliance of the order of law subordinate must refuse to implement it. According to this doctrine subordinate is not exempt from liability in case of the illegal order. The advantage of this doctrine is that the enhanced guarantee of law, the subordinate does not act blind instrument of its commander. A disadvantage of this doctrine is that discussions of the order in a battle can cause defeat in battle.
Authors and Affiliations
Д. М. Навроцький
Keywords
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