PECULIARITIES OF THE LEGISLATIVE REGULATION OF THE USE OF COERCIVE POLICE MEASURES IN UKRAINE

Abstract

The article deals with actual problem –peculiarities of the legislative regulation of the use of coercive police measures. According to the results of the analysis of the provisions of the legislative acts that establish the powers of domestic law enforcement agencies, the main features characterizing the specifics of the legislative regulation of the use of police coercive measures were determined, namely: in the vast majority of the provisions of the considered normative legal acts (seven out of ten) regarding the possibility of applying special measures of administrative termination, there is a reference to the relevant provisions of the Law (for objectivity, it should be noted that in Clause 6, Part 1, Article 106 of the Civil Code of Ukraine, in addition to the Law, there is also a reference to the provisions of the Law «On the National Guard of Ukraine»); the above-mentioned references to the Law are absent in three legislative acts, and in two of them (laws «On the Military Service of Law and Order in the Armed Forces of Ukraine» and «On the State Border Service of Ukraine») there are established norms that directly detail the application of coercive measures under consideration ; the list of coercive police measures provided for by the norms of Art. 42 of the Law, constitutes only the basis of special termination measures and is de facto derived from them. The author has emphasized that the use of the specified features allows to single out a number of promising areas of research regarding: further improvement of the definition and addition of the list of police coercive measures; expanding the characteristics of police activity and forming the appropriate definition (primarily in a broad sense); implementation of certain steps in solving the issue of demarcation between control and supervision and law enforcement bodies by clearly defining the mandatory features and main functions of the latter.