Kravchuk T. Legal and administrative framework for the National Police activity at the territorial level

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100059

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

10-04-2023

Specialized Academic Board

Д 26.503.01

Private institution "Research Institute of Public Law"

Essay

The dissertation is devoted to the determination of the administrative and legal basis of the National Police's activities at the territorial level, as well as the formulation of promising ways of improving the organization of the latter's activities at the territorial level in the conditions of the martial law regime. The study presents a modern view of the understanding of the administrative and legal status of the National Police of Ukraine at the territorial level, which made it possible to formulate the author's approach to the content of the latter. The principles and legal regulation of the activities of the National Police of Ukraine at the territorial level have been determined. It has been established that the principles of activity of the National Police of Ukraine at the territorial level should be understood as the set of fundamental and guiding principles defined in the provisions of the Constitution and laws of Ukraine, on the basis of which the bodies of the National Police of Ukraine carry out their tasks, exercise powers and functions in the appropriate direction within the limits of separate administrative territorial units of the state. The content of the organizational and functional structure of the National Police of Ukraine at the territorial level has been clarified, which should be understood as the set of units of this law enforcement agency defined at the normative and legal level, which, interacting with each other, perform joint tasks of providing police services within the limits of separate administrative and territorial units of the state. The main tasks, directions and functions of the National Police at the territorial level are outlined and characterized. The peculiarities of the organization of the National Police of Ukraine at the territorial level through the corresponding forms of administrative activity are disclosed. The main features of the forms of administrative activity of the National Police include the following: 1) these are always active actions; 2) as a rule, they consist of a certain set of sequentially performed actions, although it may consist of a separate action - the requirement to present documents for inspection; 3) have a normative determination, which is confirmed by job instructions for the position of a police officer; 4) may not go beyond the scope of competence, which is legally established; 5) always ends with the adoption of an administrative act (oral, written, conclusive; individual, normative, contractual); 6) causes legal consequences; 7) is a legal instrument that, together with methods, makes it possible to perform tasks of administrative police activity; 8) the application of one or another form of administrative police activity depends on the specific circumstances and specifics of the relations that are subject to regulation. The content and range of methods of administrative activity, which are used by the bodies and units of the National Police at the territorial level, have been clarified. The content and features of the interaction of the National Police of Ukraine at the territorial level with other state institutions and the public have been determined. The directions of the development of the legislation on the activities of the National Police of Ukraine at the territorial level were formulated and the ways of improving the organization of the activities of the National Police of Ukraine at the territorial level in the conditions of the military regime were outlined.

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