Shevchenko S. Administrative and legal principles of polygraph use in Ukraine

The dissertation is one of the first in Ukraine complex researches in which the possibilities of application, and also features of realization of polygraph examinations in practice of functioning of public administration bodies are revealed. As a result, a number of conclusions have been formulated, which can be used to form and improve the administrative and legal support of the internal organizational activity of public administration bodies in terms of ensuring the principles of legality, improving its security, as well as its anti-corruption component through the use of polygraph. The dissertation provides a historical and legal analysis of the use of polygraph in the world and in Ukraine; the value of psychophysiological research (examinations) with the help of polygraph in the public sphere is determined; the system of administrative and legal regulation of the use of polygraph by the publicadministration, law enforcement and security authorities in Ukraine is characterized; the system of principles of application of checks on polygraph in the administrative and legal sphere is formed; the concept of the object and subjects of administrative-legal relations of psychophysiological surveys using polygraph is considered; material and procedural aspects of realization of results of polygraphic checks are analyzed; the ways of further improvement of the institutional and organizational principles of the polygraph examination procedures are identified. The paper discusses the emergence and development of the practice of using the polygraph in the activities of law enforcement agencies and other public authorities, as well as their regulatory support. Periodization has been elaborated, which has characterized the world tendencies of application of polygraph studies in the public sphere, as well as their key features for Ukrainian practice.The necessity of conducting systematic psychophysiological researches (checks) with the help of the polygraph in administrative-legal relations is substantiated and the classification of the main target spheres of coverage of the use of the polygraph in public legal relations is proposed: the status of a public entity or obtaining actual relation to the exercise of public functions); the second is the verification of information relevant to the assessment of facts, events, phenomena that relate to entities related to the direct exercise of public authority. The intrinsic value of the intrinsic psychological factor of a person in administrative and legal relations has been found out: it provides the person's idea of goodness and justice; forms a system of justice; motivates to quality work; provides a causal link (the principle of determinism) between the events, decisions, actions and legal consequences that have arisen; acts as a key element of decision-making within one's own (permissible) discretion; shapes the intrinsic values of the individual's intrinsic values and influences his or her public behavior. The system of administrative and legal support of polygraph checks in the state authorities is analyzed and the key regulatory and regulated directions of such checks are determined. The state of the system of legal regulation of the use of polygraph by public blurred nature of the legal field regarding the grounds, boundaries and directions of the use of polygraph in public authorities is traced, which cannot sufficiently attest to the lawfulness of conducting polygraphic research in view of the requirements of Art. 19 of the Constitution of Ukraine; inconsistency of the provisions of the law with the norms of a special departmental act indicates the initial state of formation of the system of legal regulation of the use of polygraph by public authorities; non-systematic, inconsistent and unequal approach to seeing a polygraph survey in the system of functioning of a public institution; the existence of a special law on the use of polygraphs cannot be a panacea for the success (efficiency) of conducting psychophysiological investigations for the detection of false information, however, due to the absence of such a law, the following legal problems remain unresolved in the legal field: polygraph testing; underdevelopment of the system of state standardization, evaluation and licensing of polygraph examiners; lack of comprehensive national targeted programs for the exchange of practical experience of using the polygraph with EU countries, joint training, methodological and informational support; complexity and incompleteness of the system of legalization of results of polygraph examinations; uncertainty of responsibility on the facts of non-transparent management decisions based on the findings of polygraph studiauthorities is characterized by the following features.