Legal status of the initiator and the person granting permission to conduct a polygraph test
The relevance of the study is conditioned by the need to regulate the legal status of participants in a polygraph examination as subjects of relevant legal relations. The purpose of the study is to improve the theoretical justification and applied component of the legal regulation of a polygraph exa...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
National Academy of Internal Affairs
2022-06-01
|
| Series: | Юридичний часопис Національної академії внутрішніх справ |
| Subjects: | |
| Online Access: | https://lawjournal.com.ua/en/article/download/pravovy-status-initsiatora-ta-osobi-yaka-nadaye-dozvil-na-provedennya-poligrafnogo-doslidzhennya |
| _version_ | 1797447717911265280 |
|---|---|
| author | Oleksii Butenko |
| author_facet | Oleksii Butenko |
| author_sort | Oleksii Butenko |
| collection | DOAJ |
| description | The relevance of the study is conditioned by the need to regulate the legal status of participants in a polygraph examination as subjects of relevant legal relations. The purpose of the study is to improve the theoretical justification and applied component of the legal regulation of a polygraph examination in the security and defence sector of Ukraine, in particular the legal status of its participants. The methodological basis of the study consists of general and special methods of scientific knowledge, namely: hermeneutics, logical, system-structural, dogmatic, Aristotelian, generalisation, etc. It was proved that the peculiarity of a polygraph examination in the activities of the security and defence sector is that it is conducted to solve the problems of primary legal relations. Accordingly, the status of subjects in a polygraph examination is directly related to their legal status as participants in primary legal relations. It was determined that in the area of personnel support, during the examination of candidates for service (work), a polygraph test is appointed by the relevant subject represented by its head based on a regulation that establishes the procedure for checking candidates. It was noted that in the area of psychological support of counterintelligence and intelligence-gathering activities, the decision on the appointment of a polygraph test should be made by an official who has the right to approve the decision on the establishment of the relevant case; as for the initiator of the examination, it can be both the intelligence officer in charge of the case or the head of the operational unit or body. It was established that the appointment of a psychophysiological examination using a polygraph in criminal proceedings can be initiated by: the parties to criminal proceedings (in relation to themselves and other persons), the applicant, a witness (only in relation to themselves) and their representatives and legal representatives (in relation to persons whose interests they represent). Persons who have the right to appoint a psychophysiological examination using a polygraph are the investigator and the investigating judge |
| first_indexed | 2024-03-09T13:59:58Z |
| format | Article |
| id | doaj.art-6fa10948698a4a9b9e98091840adad46 |
| institution | Directory Open Access Journal |
| issn | 2519-4216 2519-4313 |
| language | English |
| last_indexed | 2024-03-09T13:59:58Z |
| publishDate | 2022-06-01 |
| publisher | National Academy of Internal Affairs |
| record_format | Article |
| series | Юридичний часопис Національної академії внутрішніх справ |
| spelling | doaj.art-6fa10948698a4a9b9e98091840adad462023-11-30T09:42:33ZengNational Academy of Internal AffairsЮридичний часопис Національної академії внутрішніх справ2519-42162519-43132022-06-011221623https://doi.org/10.56215/04221202.16Legal status of the initiator and the person granting permission to conduct a polygraph testOleksii Butenko0https://orcid.org/0000-0002-6273-0717National Academy of Security Service of UkraineThe relevance of the study is conditioned by the need to regulate the legal status of participants in a polygraph examination as subjects of relevant legal relations. The purpose of the study is to improve the theoretical justification and applied component of the legal regulation of a polygraph examination in the security and defence sector of Ukraine, in particular the legal status of its participants. The methodological basis of the study consists of general and special methods of scientific knowledge, namely: hermeneutics, logical, system-structural, dogmatic, Aristotelian, generalisation, etc. It was proved that the peculiarity of a polygraph examination in the activities of the security and defence sector is that it is conducted to solve the problems of primary legal relations. Accordingly, the status of subjects in a polygraph examination is directly related to their legal status as participants in primary legal relations. It was determined that in the area of personnel support, during the examination of candidates for service (work), a polygraph test is appointed by the relevant subject represented by its head based on a regulation that establishes the procedure for checking candidates. It was noted that in the area of psychological support of counterintelligence and intelligence-gathering activities, the decision on the appointment of a polygraph test should be made by an official who has the right to approve the decision on the establishment of the relevant case; as for the initiator of the examination, it can be both the intelligence officer in charge of the case or the head of the operational unit or body. It was established that the appointment of a psychophysiological examination using a polygraph in criminal proceedings can be initiated by: the parties to criminal proceedings (in relation to themselves and other persons), the applicant, a witness (only in relation to themselves) and their representatives and legal representatives (in relation to persons whose interests they represent). Persons who have the right to appoint a psychophysiological examination using a polygraph are the investigator and the investigating judgehttps://lawjournal.com.ua/en/article/download/pravovy-status-initsiatora-ta-osobi-yaka-nadaye-dozvil-na-provedennya-poligrafnogo-doslidzhennyapolygraphofficiallegal relationshippurposesubject |
| spellingShingle | Oleksii Butenko Legal status of the initiator and the person granting permission to conduct a polygraph test Юридичний часопис Національної академії внутрішніх справ polygraph official legal relationship purpose subject |
| title | Legal status of the initiator and the person granting permission to conduct a polygraph test |
| title_full | Legal status of the initiator and the person granting permission to conduct a polygraph test |
| title_fullStr | Legal status of the initiator and the person granting permission to conduct a polygraph test |
| title_full_unstemmed | Legal status of the initiator and the person granting permission to conduct a polygraph test |
| title_short | Legal status of the initiator and the person granting permission to conduct a polygraph test |
| title_sort | legal status of the initiator and the person granting permission to conduct a polygraph test |
| topic | polygraph official legal relationship purpose subject |
| url | https://lawjournal.com.ua/en/article/download/pravovy-status-initsiatora-ta-osobi-yaka-nadaye-dozvil-na-provedennya-poligrafnogo-doslidzhennya |
| work_keys_str_mv | AT oleksiibutenko legalstatusoftheinitiatorandthepersongrantingpermissiontoconductapolygraphtest |