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
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
Recibido el 25/08/22 Aceptado el 12/10/22
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
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Joan López Urdaneta y Nilda Marín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 75 (2022), 263-273
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
European experience of preventive
activities performed by law enforcement
agencies: administrative aspect and
theoretical-legal aspect
DOI: https://doi.org/10.46398/cuestpol.4075.17
Ivan Ishchenko *
Kostiantyn Buhaichuk **
Olha Tokarchuk ***
Kateryna Rudoi ****
Iryna Tsareva *****
Abstract
The aim of the research was to reveal the peculiarities of
preventive activities carried out by law enforcement agencies in the
countries of the European Union. Attention is paid to the known
methods of preventive work carried out by the police of dierent
countries, which make it possible to prevent crimes and arrest criminals
when they are still preparing to commit a crime. In this regard, models of
preventive activities used in continental European countries are described.
The methodological basis of the research is presented in comparative-legal
and systematic analysis, formal-legal method, method of interpretation,
hermeneutic method, as well as methods of analysis and synthesis. In the
conclusions attention is paid to the peculiarities of prevention applied by
individual members of the European Union, in particular, the policy of
prevention by the Polish police, in terms of recidivism of persons who have
already committed crimes. This policy is developed by borrowing from
the European experience, because in some countries the emphasis is on
extending the powers of police ocers, in others - on maximum interaction
with the society involved to help implement some police functions.
*Candidate of science of law, head of the Main Directorate of the National Police in Vinnytsia Region,
Ukraine. ORCID ID: https://orcid.org/0000-0003-0873-5207
** Doctor of Jurisprudence, docent, Head of the research laboratory for the problems of scientic support
for law enforcement and the quality of personnel training Kharkiv National University of Internal
Aairs. Ukraine. ORCID ID: https://orcid.org/0000-0003-2429-5010
*** Doctor of legal sciences, associate professor, professor of the Department of Theory and History of
the State and Law, National Pedagogical Dragomanov University. Ukraine. ORCID ID: https://orcid.
org/0000-0003-0382-6353
**** Doctor of legal sciences, Docent, Professor of the Chair of the Administrative Law and Administrative
Procedure, Odessa State University of Internal Affairs, Ukraine. ORCID
***** Associate Professor, Doctor of Philology, Professor of the Ukrainian Studies and Foreign Languages
Department, Dnipropetrovsk State University of Internal Aairs, Ukraine. ORCID ID: https://orcid.
org/0000-0002-1939-7912
ID: https://orcid.org/0000
-0002-8169-0028
264
Ivan Ishchenko, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi y Iryna Tsareva
European experience of preventive activities performed by law enforcement agencies:
administrative aspect and theoretical-legal aspect
Keywords: preventive activity; national police; European Union; security
forces; theoretical and legal aspects.
Experiencia europea de actividades preventivas
realizadas por las agencias de aplicación de la ley:
aspecto administrativo y aspecto teórico-jurídico
Resumen
El objetivo de la investigación fue revelar las peculiaridades de
las actividades preventivas realizadas por las fuerzas del orden en los
países de la Unión Europea. Se presta atención a los métodos conocidos
de trabajo preventivo realizados por la policía de distintos países, que
permiten prevenir delitos y detener a los delincuentes cuando todavía se
están preparando para cometer un delito. En este sentido, se describen
modelos de actividades preventivas que se utilizan en los países de Europa
continental. La base metodológica de la investigación se presenta en el
análisis comparativo-legal y sistemático, método formal-legal, método
de interpretación, método hermenéutico, así como métodos de análisis y
síntesis. En las conclusiones se presta atención a las peculiaridades de la
prevención aplicada por miembros individuales de la Unión Europea, en
particular, la política de prevención por parte de la policía polaca, en cuanto
a la reincidencia de personas que ya han cometido delitos. Esta política se
desarrolla tomando prestada la experiencia europea, porque en algunos
países se hace hincapié en ampliar los poderes de los agentes de policía, en
otros, en la máxima interacción con la sociedad involucrada para ayudar a
implementar algunas funciones policiales.
Palabras clave: actividad preventiva; policía nacional; Unión Europea;
fuerza de seguridad; aspectos teórico-jurídicos.
Introduction
The general situation of the legal order and the provision of public order
aects the socio-economic development of the country. The guarantee of
ensuring public safety and order should be implemented in the form of
preventive activities performed by the police ocers, whose main tasks are
to ensure personal safety of people in the society, protect their rights and
freedoms and property, expose persons guilty of illegal acts, and bring them
to justice provided for by the law , as well as the application of forms and
methods of crime prevention in order to eliminate factors and minimize the
impact of conditions that contribute to their commission.
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Vol. 40 Nº 75 (2022): 263-273
Increasing the level of protection of public order and ensuring public
safety should be based on the principles of the supremacy of law, the work
of police ocers only for the purpose of protecting rights and freedoms
of individuals, interests of citizens and the country, the unity of all law
enforcement agencies of the state, active interaction with the population,
provision of social and legal assistance to the society, etc. Thus, taking
into account the above principles, it should be noted that the strategic
direction of the reform of the National Police is to move away from the
repressive model of activity in the law enforcement sphere and establish
close cooperation with institutions of the civil society in implementation
of preventive activities to correct illegal behavior of some citizens and
eliminate factors that determine oenses.
That is why preventive activity of the National Police of Ukraine should
take the rst place in its activity. In view of these circumstances, it is
necessary to get acquainted with the experience of a number of European
countries on preventive measures used by the police authorities and to
determine the possibilities of using this experience in Ukraine.
The purpose of the research is to develop a possibility of using the
experience of the EU countries in the sphere of preventive activities in
Ukraine.
1. Literature review
Preventive activities of the National Police are constantly in the eld
of view of both domestic and foreign researchers, which conrms their
special relevance. V. Sulatskyi made an attempt to determine the essence of
preventive activities and to outline their importance in activities performed
by the National Police of Ukraine (Sulatskyi, 2021). I. Volokitenko studied
normative principles of activities performed by units of the National Police
carrying out preventive activities (Volokitenko, 2020). Bezpalova and other
authors analyzed the main tasks and methods of activities performed by
units of the National Police carrying out preventive activities (Bezpalova et
al., 2021).
Y. Lakiichuk devoted her research to analysis of the normative-legal
component of the National Police of Ukraine in the sphere of prevention
(Lakiichuk, 2019). Shubina (2020) dened the essence of preventive
measures carried out by the National Police. The author also gives her own,
author’s denition of the “preventive measures” category. T. Kolinko and
other authors comprehensively researched police activities, in particular,
peculiarities of the National Police’s implementation of preventive measures
(Kolinko et al., 2019). K. Shkarupa conducted a comprehensive study on
peculiarities of preventive activities performed by the National Police of
Ukraine (Shkarupa, 2019).
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Ivan Ishchenko, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi y Iryna Tsareva
European experience of preventive activities performed by law enforcement agencies:
administrative aspect and theoretical-legal aspect
2. Materials and methods
The following research methods were used in the process of performing
the set tasks: with the help of the formal-logical method, the main concepts
were studied and the analysis of normative legal acts in the sphere of
prevention was carried out; the system-structural method was used to
identify and analyze types of preventive activities; foreign experience in
the sphere of preventive activity, which deserves attention, was analyzed
using the comparative legal method; with the help of a formal legal method,
appropriate proposals were prepared for the use of foreign experience of
preventive activities in Ukraine.
3. Results and discussion
The fundamental principle in the successful activities of the National
Police is represented as preventive activities, that is, work aimed at
prevention of legal violations, because in any case it is easier to prevent
than to remedy consequences of negative unlawful acts. Eective
implementation of a relevant activity is positively reected on the dynamics
of the criminogenic situation in the state, and thus on the state of national
security.
The concept of preventive activity of law-enforcement bodies is not
interpreted unequivocally, which raises certain questions and requires
additional scientic attention, just as the problem of interrelated functioning
of administrative-legal mechanism and preventive activity of the National
Police of Ukraine.
The Law of Ukraine “On the National Police” uses two similar concepts
- “prophylaxis” and “prevention” (Law of Ukraine, 2015). Thus, among
functions of police the Provision on the National Police mentions preventive
and prophylactic activities aimed at preventing commission of oenses.
Solving the tasks of preventive activities facing the units of the National
Police involves implementation of principles based on the recognition of
universal human values, respect for rights and freedoms of an individual,
setting them as a priority in relations with the state. According to the
denition presented in the Academic Dictionary of the Ukrainian language
the term “preventive” means “to prevent something, to avert something”,
but the term “activity” means “to apply work to something”. Thus, preventive
activity is a special type of activity performed by police ocers, who in their
work prevent commission of oenses in the sphere of public order and/or
avert them.
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As N. Didyk emphasizes that the meaning of the word prevention is
warning, prevention of criminal oenses. In law, preventive measures are
prophylactic and other measures aimed at preventing (averting) criminal
oenses and other types of oenses. Legal science distinguishes such types
of prevention as general prevention - aversion of the commission of oenses
by other persons (this is prevention of commission of criminal oenses by
citizens prone to committing illegal acts); private prevention, which means
prevention (prophylaxis) of committing new criminal oenses by persons
who have already committed any oense (Didyk, 2016).
Scientists interpret the concept of preventive activity in dierent ways.
For example, some domestic researchers (Bezpalova et al., 2021) believe
that:
Preventive activity is an action or a set of actions that limit certain rights and
freedoms of a person, the use of which is not always connected with unlawful
behavior of specic persons, that are applied according to the law to ensure
fulllment of powers imposed on the police with respect to the observance of the
legal requirements (Bezpalova et al., 2021: 44).
Having analyzed various approaches to the denition of preventive
activity, we agree with the interpretation oered by V. Sulatskyi, who
understands preventive activity of the National Police of Ukraine as any
act of a voluntary or forced nature or a set of such actions, provided by
the current legislation of Ukraine, committed by authorized police ocers
before the beginning of an oense and directed at its prevention (Sulatskyi,
2021).
Speaking about the range of duties of the police, we claim that it includes
not only ghting against crime, but also the exercising other powers in the
sphere of social services for the population. The latter are, in fact, preventive
in nature, since their main goal is to prevent possible violations of the law
and provide assistance (for example, in the event of family conicts, during
natural disasters, res, and in other emergency situations).
Taking into account transformational processes closely related to
European integration taking place in Ukraine, it is necessary to investigate
their orientation, essence, conditions, components and factors in relation
to world processes including primarily European processes. Much attention
should be paid to familiarization with achievements of world scientic idea,
as well as to study and implementation of the best foreign experience and
to its reasonable combination with domestic developments and traditions.
Currently, in the countries of the European Union, we can observe
three models of internal security organization: a centralized or continental
model, in which the Ministry of Internal Aairs plays a dominant role;
it has a directive style of management and a rigid vertical subordination
of lower links to central bodies; a decentralized model, the characteristic
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Ivan Ishchenko, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi y Iryna Tsareva
European experience of preventive activities performed by law enforcement agencies:
administrative aspect and theoretical-legal aspect
feature of which is that it does not have one common national unit, instead
there is a multifaceted nature of police forces at the national, regional and
local levels, the levers of police force management are mainly concentrated
in hands of regional state authorities and local self-governing authorities ,
where municipal authorities have a signicant role in police management;
and a combined (semi-centralized) model which is characterized by the
following features: it is characterized by a nationwide body (ministry)
that assumes responsibility for the purpose of ensuring internal security,
coordinating activities of various police services; the co-existence of 57
state police services at the national (federal) level and the regional level
(level of separate states, lands), as well as state and municipal police, with
the priority of state police development.
The centralized model of the preventive activity system is used by a
number of continental European countries and that is why it is called the
continental model. This model of the internal security system functions in
two types. The rst type includes states that ensure their internal security
only through the forces of their civilian police: Sweden, Denmark, Norway,
Ireland, and Finland. They are characterized by a low level of crime, absence
of serious political and social conicts, so they do not need special political
formations of the armed forces.
The countries of the second (main) type of the centralized model include
states with constant use of special police formations - gendarmerie: France,
Spain, Italy, Portugal, Belgium, Holland and Luxembourg. These countries
are characterized not only by strict centralization of preventive activities
of their law-enforcement bodies, but also by the traditional use of their
national police and gendarmerie.
Until now, the EU states have borne the main responsibility for the issue
of crime prevention. With the entry into force of the Lisbon Treaty of the
EU, it has now become possible to take measures to promote and support
the actions of the EU states in this area (Buha et al., 2022).
The EU focuses on facilitating the exchange of experience and best
practices to reduce the impact of factors that cause crime and its recurrence
and promote violations of human rights violations, as well as to prevent
corruption and criminal encroachment in the economic sector and the
society. In addition, the EU has begun to systematically implement its
agship initiatives, eective prevention measures, ranging from anti-drug
policy to cybercrime, human tracking and child pornography (Leheza et
al., 2022).
Since 2001, the European Crime Prevention Network has oered a
pan-European platform for the exchange of best practices, research and
information on various aspects of local crime prevention. In view of the fact
that this network covers all types of preventive activity of law enforcement
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bodies, the platform pays special attention to prevention, violations of the
law by minors, violations of public order and drug crimes. The web site
contains a well-developed database of national strategic orientations and
projects carried out in various areas of oense, such as burglary, commercial
crime, bullying in educational institutions and various categories of
organized crime.
The Swedish police use the concept of prevention, based on the focus
of “advice” measures on prevention of certain categories of oenses. In a
simple form, its ocial online resource oers the following advice: 1) tips
for tourists; 2) tips for travelers on a day o; 3) advice to visitors; 4) rules
of behavior on a construction site; 5) internal security (protection against
burglary and penetration); 6) general security of premises and employees;
7) protection of lightning discharge systems; 8) transport protection; 9)
credit card data protection; 10) production protection; 11) protection of
nances; 12) protection of oces; 13) store protection; 14) protection in
the sphere of state registration and conclusion of agreements (Leheza et
al., 2021).
It was also determined that the police will be able to work much more
eectively if it is not reactive, but proactive: instead of responding exclusively
to challenges, it will try to prevent violations and establish partnerships
with the population. It was established that full-edged communication
helps to beforehand detect deterioration of the criminogenic situation in a
certain region, to stop a large part of deviant behavior at the very beginning,
and also to more eectively collect evidence and testimony, if the oense
was anyway committed.
Italian specialists in the sphere of crime prevention distinguish the
following approaches to crime prevention depending on what exactly
they see as determinants of crimes: structural approach that connects
implementation of eective crime prevention with implementation of
signicant socio-economic transformations in the society; psychological
approach that recognizes the crucial preventive importance of inuencing
the person of a potential oender, as well as persons who have already
committed an oense (in order to prevent repeated commission); situational
approach, in which the decisive role is assigned to the inuence of social
and physical factors of the external environment, which in their totality
create an unfavorable situation for criminal manifestations.
Law enforcement ocers focus on prevention measures in the form of
general prevention (structural approach) and theory, which justify the need
for special preventive measures (psychological and situational approaches).
The most eective programs are based on the multifactor approach; they are
applied from the period of early childhood. They are aimed not so much at
an individual (aggressive behavior, stress, coping skills), but at unfavorable
characteristics of the respective immediate family environment and social
environment (Leheza et al., 2020).
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Ivan Ishchenko, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi y Iryna Tsareva
European experience of preventive activities performed by law enforcement agencies:
administrative aspect and theoretical-legal aspect
In turn, Polish law enforcement ocers emphasize special preventive
measures. The special prevention covers three levels:
• The primary level, aimed at eliminating environmental factors that
contribute to performing oenses.
• The secondary level, which aims to prevent the criminalization of
potential oenders, and which is related to the impact on vulnerable
persons, in particular minors from the “risk group”.
• The tertiary level, aimed at preventing recidivism on the part of
persons who have already committed a crime (Buha et al., 2022).
The Polish police’s prevention of recidivism on the part of persons
who have already committed oenses is quite progressive. Prevention of
recidivism is associated with the use of police, judicial and penitentiary
measures aimed at timely identication of persons who have committed
oenses, bringing them to justice, as well as applying eective means to
them while they serve their sentence.
Criminal law measures of inuence play an important role in the
prevention of repeated commission of crimes. In order to prevent repeated
commission of crimes, measures of enhanced control over the behavior of
persons who have been released from punishment, as well as individual
rehabilitation programs (Leheza et al., 2022) are also actively used.
The most programs are comprehensive; they cover educational,
observational and corrective measures of inuence on socially unacceptable,
in particular criminal, behavior of a person.
Germany focused its work on situational prevention. The essence of
this method consists in organization of state support for propaganda
campaigns on crime prevention, consideration of projects in the sphere of
urban planning and buildings to create an environment free from crime,
as well as in focusing eorts on identifying and preventing opportunities
for committing crimes by young people, and in recent years - in putting
pressure on business and industry circles in order to make changes in
practice, if they can aect the increase in the level of crime. Currently, in
France, the Netherlands and some other countries of the European Union,
this form of prevention is a part of the ocial crime prevention policy
(Leheza et al., 2021).
The abovementioned programs are aimed at preventing crimes in
the society by means of involving the public in this activity, nding new
opportunities for self-realization for people from “risk groups”. These
programs are exclusively preventive, so they provide the expected results
only if all the subjects of prevention are actively involved (Leheza et al.,
2018).
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The principles of public safety and order protection, which are formed
by the state, are a rather complex process aimed at updating and improving
domestic legislation and implementing foreign experience in the sphere of
organization of means, tools and methods of activities used and performed
by the National Police. The modern model of a democratic, social and
legal state requires new conceptual approaches to solving problems of
implementing the law enforcement function. Therefore, it is extremely
important to summarize the experience of the European Union countries
in the management of national law enforcement units (Leheza et al., 2022).
Unlike European countries, in Ukraine there is an urgent need for the
timely elimination of criminogenic factors in the external environment, as
well as for creation of anti-criminogenic conditions, in the presence of which
an oender is going to abandon his/her intention to commit an oense;
these are namely conditions that will make it more dicult to commit an
oense, make criminal actions riskier and limit benets (Didyk, 2016).
Conclusions
The study of peculiarities of preventive activities in a number of countries
of the European Union allows us to assert that there is no single approach
to implementation of these activities in these countries. That is why it is not
quite correct to borrow one or another type of preventive activity from one
of the European Union countries, arguing for it by borrowing European
experience, because in some countries the emphasis is made on expanding
powers of police ocers and in some others - on maximum interaction with
the society by means of involving it in helping to implement some police
functions, and in the third group of countries, in fact, neither a general
concept nor prevention as one of the forms of police activity has been
formulated.
In this regard, experience of a single country cannot be taken as a basis
for implementation within national realities.
At the same time, we should not refuse to borrow European experience
of carrying out preventive activities. In particular, it will be useful for
the national preventive system to introduce rehabilitation programs for
persons who have served their sentences, taking into account the fact that
most programs are complex, they provide for educational, observational
and corrective measures to inuence socially unacceptable, in particular
criminal, behavior of a person.
Therefore, we focus on the implementation of the experience of the
European Union countries in the sphere of social crime prevention measures
that actively involve the public. Crime in the EU is perceived as a social
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Ivan Ishchenko, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi y Iryna Tsareva
European experience of preventive activities performed by law enforcement agencies:
administrative aspect and theoretical-legal aspect
problem, in the solution of which the whole society should participate.
Among the tasks facing social prevention, priority should be given to the
following ones: improving social conditions of life; strengthening the
role of social institutions; expanding opportunities for education, decent
employment and recreation.
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Esta revista fue editada en formato digital y publicada
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