REVIEW

for a doctoral dissertation

"Organizational and legal basis for the creation and operation of military police in Ukraine

(Modern Aspects) »

Ph.D., Assoc. Victor Yuryevich Shcherbatyh

The current situation in matters of law enforcement in an extreme situation in Ukraine practically does not contribute to the theoretical and methodological comprehension of the activities of the modern police. Few experts can recall the theories of the politicians of France and Germany, which today would be welcome, given the extraordinary nature of the antiterrorist operation and its international destabilizing aspect, which is absolutely anti-civilizational and anti-human.

And it is no accident that legal problems in the implementation of the antiterrorist operation are not yet analyzed from the standpoint of providing the police with law and order; it seems like not to such "trifles". The main thing is to keep the attention of Europe and America, hoping to find the Achilles' heel of the G7 leadership, trying to shift the burden of accumulated problems onto them. What recession of Roman law and the renaissance of natural legal concepts can be said under the dominance of such opportunistic primitive of legal nihilism and nuclear blackmail (!).

Obviously, if it were not for the "geopolitical fog", then the conceptual provisions of the natural-legal doctrine should have received a new impetus to discussion and rethinking in the scientific community back in 1996 after a broad discussion of the work of the academic department of the NAS of Ukraine in the Azov Sea by legal scholars. However, the normal process of academic discussion was frustrated and only the lazy one does not note today the critical nature of the observance of international law in Eurasia (the non-constructive activity of the leadership of the Russian Federation). Therefore, there are no appeals to the analysis of the possibilities of using the natural law, and, of course, new ideas and approaches are not made public. It is enough to get acquainted with Internet publications that mostly repeat the concepts of the pre-perestroika period (Katsapova IA Natural Law and Natural Rights, 2012. human.snauka.ru/2012/11/1921 https://www.google.com.ua/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwiZmf_W5M_PAhXEjywKHXd8DmIQFggoMAI&url=http%3A%2F%2Fhuman.snauka.ru%2F2012%2F11%2F1921&usg=AFQjCNEFmDI38efVl42Ou101tha9FYxjTQ ; Vyacheslav Gulyaikhin, Ph.D. Dialectics natural and positive law as a source of social and legal progress, 2013 http://e-notabene.ru/lr/article_559.html , etc.). How can such a methodological support competently implement the euro-integration policy in conditions of increasing instability?

We need ascetics, bright responsible lawyers, learned jurists who would undertake the work of creating methodological bases for ensuring the effective and safe livelihoods of the population of cities and districts of Donetsk and Lugansk regions. But such "unconscious" (and in Eastern Europe it should only be incorrigible altruists) is a very rare and very limited resource.

Therefore, it can be considered a breakthrough in this "world of stagnation and lack of initiative", the work of Viktor Yuryevich Shcherbatykh, who touched upon the most painful and acute topic of ensuring law and order in the Donbass: in Donetsk and Lugansk regions.

Yes, only a pragmatic approach to ensuring law and order through the creation of a military police can significantly change the situation for the better. And the question is not that we copy foreign experience (if it is positive, it's not a sin to copy), but that in this structure the capital of the organizational activity of the police is accumulated under extreme conditions. Which in the world accumulated over a century (the use of the organization's capital, although in many ways specific).

It is no accident that we recall the natural-legal concept when we talk about the military police. In the most complicated situation in which the civil society of the European Union is today, only the implementation of the natural-legal conceptual provisions in the activities of power and already largely international structures can ensure the further development of real democracy on the European continent.

Life prompted the leaders of industrially developed countries that it is necessary to create an organizational police structure that would take full responsibility for the preservation of human rights in the regions covered by the conflict confrontation. The creation of such a structure is nothing else than the implementation of the natural-legal doctrine in the work of the police in the extreme conditions of conflict confrontation. Necessity, namely, of such an initiative is obvious when acquainted with the preprint of the report of the Mariupol branch of the Institute of Economic and Legal Studies of the National Academy of Sciences of Ukraine "From the Renaissance of Natural Law to European Solidarity" (Mariupol-Donetsk, 1996).

And for the fact that the candidate of law, doc. Viktor Yuryevich Shcherbatykh in 2016, having found time and energy to present it to the scientific community of Ukraine and the whole of Eastern Europe, we should all be grateful to him. He, living in Gorlovka, as sociologists say - through the method of monitoring included - was able to assess in practice the possibilities and prospects for the creation of the military police. Specifically, the military police would never allow the redeployment of gangs from Slavyansk to Donetsk, and much more ...

If all the integration processes in the European Union are based, first of all, on the common ethnic roots of the peoples of France and Germany, and secondly, on the deep implementation of the traditions of Roman law in the practice of all branches of power in the countries of Western Europe, as well as on understanding by all strata of the population incorruptibility of the foundations of natural law (and today there is a so-called renaissance of natural law), then in the Donbass they will be based on the deepest morality of the inhabitants of this region, which is due to the genetic amyatyu to function effectively Confederation Kalmius (CALMOUCS), on the basis of which it was possible to create a 13th century Norman-Mongolian world empire, lifting commodity investments from China to Western Europe. Many will say that in this interpretation of the history of the 13th century not all historians perceive, not to mention all the inhabitants of Donbass, but everyone knows about the fact of a more moral attitude towards the elderly in these regions (it is obvious and fixed moral values, even at the genetic level) .

Therefore, understanding the possibility of effective functioning of the military police in the Donbass from the standpoint of modern methodology becomes on the agenda not only for the leadership, but also for the public of the country.

In general, the dissertation work was performed at a sufficiently high professional level, which is fully presented in the state language in Ukraine and in Russian in the Internet space of Eastern Europe.

Completed dissertation work meets all the requirements that the Academic Council of the Academy of Economic Sciences and Entrepreneurship in Ukraine impose on the qualification works provided for public attestation. The author showed responsibility and the state approach when preparing it in an exceptionally difficult socio-political situation, which causes sincere respect and a desire to appreciate this activity and selfless activity in the field of "management theory, administrative law and process".

I consider the thesis fully corresponding to the honorary title of Doctor of Law and it is necessary to begin its translation into English with the subsequent presentation on the electronic pages of the Civil International Committee of Intellectual and Spiritual Unity (www.cic-wsc.org , http://kumpan-muller.ucoz.de ). And after the normative period of discussion on international Internet resources, its inclusion in the permanent and widely available scientific dissertational fund of the Institute of Economic and Social Research (successor to DESMC of the Ukrainian Academy of Sciences and DFC), as well as sending it to the Library of Congress and the United Nations Library on traditional paper carriers in three equivalent versions: in Ukrainian, in Russian and in English.

The author of the thesis "Organizational and legal foundations for the creation and operation of military police in Ukraine (Modern aspects)" Ph.D., Assoc. Viktor Shcherbatykh deserves the title of Doctor of Law of the Azov Depatment of the Academy of Economic Sciences and Entrepreneurship.

Director of the Institute for Economic and Social

Research, Doctor of Economics, Senior Research Scientist,

head. sector (1993-1998) and the organizer of Mariupol

Department of the Institute of Economic and Legal Studies

NAS of Ukraine (1995-1997), the chairman of the section of the scientist

Council of IELR NAS of Ukraine in Mariupol (1996-1997).

A.V. Vasiljev