Bochek O. Administrative and Legal Bases of application of Police measures of coercive nature in Ukraine.

Thesis is devoted to a comprehensive study of the administrative and legal principles of the National Police of Ukraine on the application of coercive measures. Certain historical aspects of the activity of the militia in Ukraine and further of the police have been discovered. The five stages of formation and development of mechanisms for the protection and defense of human rights and freedoms by the militia and the police in Ukraine were identified. This gradation is based on fundamental acts of the legislation of Ukraine, which significantly affected the activities of the militia and the police. The relationship between state coercion, administrative coercion, measures of administrative termination of special purpose and police measures of coercive nature is revealed. It is stated that the essence of administrative coercion, including in the activities of the police, is the psychological, physical, organizational and financial and material impact on consciousness as well as behavior of a person who commits illegal acts, in order to prevent, stop and bring to justice. Theoretical and legal approaches to the use of coercive police measures as a type of administrative coercive measures in the activities of the National Police were analyzed. Based on the analysis of the essence and characteristics of police measures of a coercive nature, the author's understanding of the conception of these measures was formulated. Based on the analysis of doctrinal and scientific sources of administrative law, the concepts and main elements of the administrative and legal mechanism of application of police measures of coercive nature in Ukraine were investigated. According to the result of studying the basic and special principles of police activity, the author suggests supplementing this list with the principles of «accountability», «protect life» and «presumption of police officer's rightness». The grounds and procedure for the application of coercive police measures in Ukraine were disclosed. The author proposes ways to improve police activities in terms of the use of physical force (force), special means, and firearms. The analysis of international legal standards and foreign experience of same EU and NATO countries of the application of coercive police measures carried out by the author made possible an expansion of the list of special police equipment and the grounds for its use. The peculiarities of interaction of the National Police of Ukraine with the population and other subjects of ensuring public safety and order during the application of police measures of a coercive nature were outlined. Proposals for making amendments to the current legislation aimed at improving the administrative and legal framework for the use of coercive police measures in Ukraine have been formulated.