Bezzubov D. The legal risk at application of compulsion in officialy-battle activity of organs of Internal Affairs of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U004269

Applicant for

Specialization

  • 21.07.05 -

15-09-2010

Specialized Academic Board

К 26.731.02

Essay

The thesis is devoted the problem of origin and functioning of the concept "Legal risk" in official and combat actions of the authorities of internal affairs of Ukraine, its meaning and role being examined in present-day setting. The current status of activity of the authorities of internal affairs in the area of official and combat actions is determined; the general overview of situations and consequences of risk in the activity of employees of the authorities of internal affairs is given, contemporary types of risk category in everyday activity of the authorities of internal affairs are defined, international experience of identifying and defining legally the concept "risk" is analyzed; the system of modeling the situations of risk in activity of employee of the authorities of internal affairs in law enforcement is presented; the world's trends in legal risk appearing and functioning as a concept of public life are revealed. The types of present-day risk in activity of employees of the authorities of internal affairs are analyzed under the conditions of administrative measures of restriction in case of various offences of law. The modern status of legal support of official and combat actions of the authorities of internal affairs of Ukraine is considered, the mechanisms of declining the legal risk in official and combat actions of the authorities of internal affairs of Ukraine are suggested based on the experimental and theoretical models of risk situations, the ways of introducing the results obtained and further estimations are studied. Among the legislative factors of improving the determination of risk in the law of Ukraine there are appropriate amendments to the effective normative legal documents, such as the Law of Ukraine "On the police" and the Code of Ukraine about administrative offences of law.

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