Palii V. Administrative and legal restrictions on human rights and freedoms in the provision of public security by the National Police of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100063

Applicant for

Specialization

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

22-04-2023

Specialized Academic Board

Д 23.053.05

Volodymyr Vynnychenko Central Ukrainian State Pedagogical University

Essay

The legal personality of the National Police of Ukraine in ensuring public security and public order with the right to limit human rights and freedoms while ensuring public security has been proven; the understanding of administrative and legal restrictions applied by police bodies is formulated, their legal bases are revealed; the main categorical and terminological apparatus in the researched field is defined; the problems in the sphere of restriction of human rights and freedoms are outlined and the ways of their elimination are revealed, with the identification of positive international experience in the application of administrative and legal restrictions of human rights and freedoms by law enforcement agencies while ensuring public safety. The author's idea of the concept of "administrative and legal restrictions applied by the bodies of the National Police of Ukraine in ensuring public safety" is proposed as measures of an administrative and legal nature of the bodies of the National Police of Ukraine defined by current legal acts, which are aimed at harmonizing and coordinating the actions of individuals in within those established limits necessary to maintain public safety. Signs of administrative and legal restrictions are highlighted. The author's classification of administrative and legal restrictions, which are applied by the National Police of Ukraine in ensuring public safety, is defined, which is based on the following criteria: their legislative enshrinement, duration, territory of action, subject orientation, moment of application, peculiarities of the status of persons to such restrictions apply are applied. The work emphasizes the presence of legal conflicts when using the categories "maintenance" and "provision" as identical in the norms of the current legislation. In order to correct legal gaps, it is proposed to make a number of additions to the current legislation. The issue of establishing the definition of "public place" at the legislative level, which has not only theoretical, but also significant practical significance, was raised. It is emphasized that the legislator in the norms of direct action distinguishes two legal regimes – the regime of martial law and the regime of an emergency situation, which has an impact on the activities of law enforcement agencies of our country, in particular, the National Police of Ukraine. It was concluded that certain measures of the legal regime of martial law in this case have the same essence and legal nature as the administrative and legal restrictions applied by the National Police of Ukraine during the provision of public security, at the same time they can be classified according to the competence of the subject powers on main and auxiliary. It is emphasized that the application of administrative and legal restrictions by police officers in the performance of their official duties depends on the tasks and challenges they face, while both the legality of their application and the choice of a specific type become important. The areas of improvement of the administrative and legal regulation of the application of measures restricting human rights and freedoms while ensuring public safety and public order by the National Police of Ukraine are outlined. For this purpose, a number of specific proposals for amendments and additions to the current legislation in the field of application of the specified measures in the provision of public safety and public order by police bodies, including in the provision of measures of the legal regime of martial law, have been formulated. It is summarized that today a self-sufficient and effective international legal framework has been created, in which the basic norms and standards are outlined, which are the basis for the formation of the legal framework for the activities of the police units of the leading countries of the world. The activities of law enforcement agencies must be clearly regulated, all by-laws regulating their activities must undergo an independent legal and public examination when adopted. The experience of the countries is characterized by the practice of Great Britain, similar to the USA, which provides for the creation of special units to work with detainees and a system of independent public control of the conditions in which detainees are kept; the experience of the police of the Federal Republic of Germany in the field of ensuring public safety and order during mass events, where the practice of submitting a notification about the organization of such events directly to the relevant police structure two days before the start of the event is introduced, while the police leadership has the authority to prohibit or sanction conducting such an event. It is considered important to borrow the experience of the police of Great Britain and France, where during mass events some police officers serve in civilian clothes.

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