Kyva I. Mechanisms of influence of civil society on state regulation of law enforcement (on the example of the EU and Ukraine)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101822

Applicant for

Specialization

  • 25.00.02 - Механізми державного управління

26-04-2021

Specialized Academic Board

Д 26.891.02

State Employment Service Training Institute

Essay

The experience of realization of mechanisms of influence of a civil society on the state regulation of law enforcement activity in modern Ukraine is defined. It is noted that the interaction of the chain civil society  state bodies  law enforcement agencies has a three-tier structure, as it is carried out at the public (community, population, public initiative), public administration (the role of state bodies as subjects of legislative initiative  creation of laws and bylaws). and the actual legislative level (functioning of the laws of Ukraine «On National Security of Ukraine» and «On operational and investigative activities»). The peculiarities of the introduction of high moral aspects of the political and social system of the European Union into the national system of public influence on the activities of law enforcement agencies are considered. It is established that the implementation of legislative norms and provisions of the European Union in the legal system of Ukraine is the basis of the European course and further effective application of the principles of state regulation of law enforcement. It is substantiated that the policy of the European Union allows to resolve public conflicts at the stage of emergence. The function of normative-administrative prevention, thus, is a universal socio-political regulator, which directs the fact of interaction between civil society and the police in a modern, standardized and mutually regulated direction of democracy. It is emphasized that humanisticism prevails in the European Union, which is why the process of ensuring respect for human rights and freedoms  as well as for communication between civil society and law enforcement agencies is carried out on the basis of humanism and sociality. It is noted that the construction of civil society and its active cooperation with law enforcement agencies is a complex process. At the same time, the style of state and governmental transformations, the type of legal family, customs and traditions of the state of Ukraine have an impact on the formation of the apparatus of power and public communication. It is stated that the observance of the fundamental principles of law and political and social system are the basis for ensuring the functioning of a democratic society and the state, the orientation of which is the law, law, morality and the concept of general welfare. A model of interaction between civil society and law enforcement agencies in Ukraine is presented, which provides for the application of practical aspects of implementing the experience of EU countries, which are mainly doctrinal in nature, which allows to assert their effectiveness in overcoming the crisis of public discontent. It is substantiated that in Ukraine there should be an acceptable (limited) level of control over the activities of law enforcement agencies as a basis for social processes in society. Law enforcement agencies must be accountable to and under the control of public authorities  municipalities and national authorities  and, accordingly, must coordinate their activities on the basis of compliance with the requirements of society and respect for natural and derived human rights. At the same time, the need to use coordination elements of the structural construction of the socio-political apparatus of public administration, where the impact on all spheres of public life is complex - thus unifying the socio-political and economic system of Ukraine. This, in turn, corresponds to approaches to the common good, civic activism and its impact on the government and the general government. It is noted that the process of conceptual and legal state formation in the development of the state apparatus of modern Ukraine should be based on the principles of legal fidelity and intelligence. A conceptual model of increasing the effectiveness of civil society influence on state regulation of law enforcement activities has been developed and scientifically substantiated, natural rights and freedoms; introduction of political, legal and public-governmental competencies in order to establish the process of cooperation between the government and the population in Ukraine; highlighting the role and place of law enforcement agencies in the system of society, its positioning as a determinant of its ideological, specific and mental foundations of general development. Key words: mechanisms of public administration, civil society, law enforcement agencies, European Union, federal legislation, equivalent development of the state apparatus.

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