State bureau of investigation (SBI) and Federal bureau of investigation (FBI): comparative analysis of certain elements of administrative and legal status

Authors

DOI:

https://doi.org/10.35774/app2024.01.262

Keywords:

administrative and legal status, law enforcement agency, comparative analysis, law enforcement system, law enforcement officer

Abstract

The article deals with the issue of administrative and legal status of such law enforcement agency as the State Bureau of Investigation. The author emphasises that the legal status of the SBI is rather complicated, given that it is a central executive body with a special status. At the same time, this state body is a law enforcement agency, as it is vested with law enforcement functions. Given such a complex nature of this state body, an attempt was made to conduct a comparative analysis of the SBI's administrative and legal status with a similar analogue of the United States of America - the Federal Bureau of Investigation, which will allow to adopt positive practices in the SBI's activities. It is established that the correct determination of the SBI's place in the system of law enforcement agencies of Ukraine and its administrative and legal status is somewhat dependent on a comparative analysis with other analogues in the world, in particular, with the Federal Bureau of Investigation (USA). The SBI itself is very similar to the FBI in terms of its tasks and powers. The author concludes that the FBI is the main investigative agency of the US Department of Justice and a full member of the US intelligence community. The FBI has the authority and responsibility to investigate specific crimes assigned to it and to provide other law enforcement agencies with shared services such as fingerprint identification, laboratory testing and training. The FBI also collects, shares, and analyses intelligence to support its own investigations and those of its partners, as well as to better understand and combat the security threats facing the United States. The history of the creation of the BR and the SBI was analysed. Based on the findings, the study provides recommendations for improving the administrative and legal status of the SBI.

References

Pro Derzhavne biuro rozsliduvan [About the State Bureau of Investigation]: zakon Ukrainy vid 12.11.2015 № 794-VIII (2016). Vidomosti Verkhovnoi Rady - Information of the Verkhovna Rada, 6, 55 [in Ukrainian]

Ilchenko, O. V. (2017). Pravovi aspekty stvorennia ta diialnosti Derzhavnoho biuro rozsliduvan [Legal aspects of the establishment and operation of the State Bureau of Investigation]. Porivnialno-analitychne pravo - Comparative and analytical law, 4, 281-283 [in Ukrainian]

Fedefal Buerau of Investigatiion. Retieved from fbi.gov [in English]

Kravtsova, T. & Kravtsov, O. (2010). Istoriia stvorennia i funktsionuvannia Federalnoho biuro rozsliduvan USA [History of the establishment and operation of the US Federal Bureau of Investigation]. Pravo i bezpeka - Law and Security, 4, 15–19 [in Ukrainian]

What we investigate? White-Collor Crime. Retieved from https://www.fbi.gov/investi gate/white-collar-crime [in English]

Bundeskriminalamt. Retieved from https://www.bundeskriminalamt.at [in English]

Where is the FBIs authority written down?... Internet dzherelo. Retieved from https://www.fbi.gov/about/faqs/where-is-the-fbis-authority-written-down [in English]

Skulysh, Ye. (2013). Problemni pytannia stvorennia Derzhavnoho biuro rozsliduvan [Problematic issues in the establishment of the State Bureau of Investigation]. Borotba z orhanizovanoiu zlochynnistiu i koruptsiieiu (teoriia i praktyka) - Fight against organized crime and corruption (theory and practice), 2, 60–71 [in Ukrainian]

Where is the FBIs authority written down?... Internet dzherelo. URL: https://www.fbi.gov/about/faqs/where-is-the-fbis-authority-written-down [in English].

Pykhalov, I. V. Federalne biuro razsliduvannia (FBR). Spetsialni sluzhby USA [Federal Bureau of Investigation (FBI). US intelligence agencies]. Retrieved from http://www.patriotica.ru/books/pyh_usa/p04.html [in Ukrainian].

Moiseiev, M. S. (2019). Administratyvno-pravovyi status Derzhavnoho biuro rozsliduvan [Administrative and legal status of the State Bureau of Investigation]. dys.na zdobuttia … kand. yur. nauk. Sumy. 2019. 227 s [in Ukrainian]

Natsionalnyi instytut stratehichnykh doslidzhen - Fight against organized crime and corruption (theory and practice). Retrieved from https://niss.gov.ua/publikacii/poslannya-prezidenta-ukraini/pro-vnutrishne-ta-zovnishne-stanovische-ukraini-v-2013-roci [in Ukrainian]

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Published

2024-04-28

Issue

Section

CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC

How to Cite

Shmilo , Nazar. “State Bureau of Investigation (SBI) and Federal Bureau of Investigation (FBI): Comparative Analysis of Certain Elements of Administrative and Legal Status”. Actual Problems of Law, no. 1, Apr. 2024, pp. 262-8, https://doi.org/10.35774/app2024.01.262.

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