ENSURING THE LEGALITY OF THE APPLICATION OF ADMINISTRATIVE COERCION MEASURES BY THE POLICE IN THE SPHERE OF PUBLIC ORDER AND SECURITY UNDER MARTIAL LAW

In the article, based on the analysis of the current legislation of Ukraine and the practice of its application, the theoretical understanding of a number of scientific works from various fields of knowledge, the essence, significance and peculiarities of compliance with the principle of legality of the use of administrative coercion measures by the police in the sphere of ensuring public order and public safety during the operation are clarified the legal regime of martial law. It has been proven that the effectiveness of public order and public safety and the quality performance of their powers by police officers are directly dependent on their compliance with the principle of legality during the application of administrative coercion measures. It has been established that the main prerequisite for the legality of the application of administrative coercion measures is compliance by subjects of power with the requirements of the legislation, in particular, the grounds and features of the application of the specified measures by police officers within the scope of their law enforcement activities in the field of public order and public safety. Characteristic violations of legality and official discipline in the activities of the police during the application of measures of administrative coercion in the sphere of ensuring public order and public safety under the conditions of the legal regime of martial law have been identified. A number of proposals and recommendations aimed at increasing the effectiveness of administrative and legal enforcement of lawfulness and discipline in police activities have been formulated, including by: continuing the development of external and internal control mechanisms over police activities, in particular with the participation of experts, representatives of civil society, focusing on measures, which would make it possible to effectively prevent police abuse of power, etc.

Authors

Publication Details

Journal
Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav
Published
2024-10-02
DOI
https://doi.org/10.31733/2078-3566-2023-5-71-76
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
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article

ENSURING THE LEGALITY OF THE APPLICATION OF ADMINISTRATIVE COERCION MEASURES BY THE POLICE IN THE SPHERE OF PUBLIC ORDER AND SECURITY UNDER MARTIAL LAW

Андрій СОБАКАРЬ, Олександра НЕСТЕРЦОВА-СОБАКАРЬ
Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav
European Criminal Justice and Data Protection
article

ENSURING THE LEGALITY OF THE APPLICATION OF ADMINISTRATIVE COERCION MEASURES BY THE POLICE IN THE SPHERE OF PUBLIC ORDER AND SECURITY UNDER MARTIAL LAW

Андрій СОБАКАРЬ, Олександра НЕСТЕРЦОВА-СОБАКАРЬ
article en

Abstract

In the article, based on the analysis of the current legislation of Ukraine and the practice of its application, the theoretical understanding of a number of scientific works from various fields of knowledge, the essence, significance and peculiarities of compliance with the principle of legality of the use of administrative coercion measures by the police in the sphere of ensuring public order and public safety during the operation are clarified the legal regime of martial law. It has been proven that the effectiveness of public order and public safety and the quality performance of their powers by police officers are directly dependent on their compliance with the principle of legality during the application of administrative coercion measures. It has been established that the main prerequisite for the legality of the application of administrative coercion measures is compliance by subjects of power with the requirements of the legislation, in particular, the grounds and features of the application of the specified measures by police officers within the scope of their law enforcement activities in the field of public order and public safety. Characteristic violations of legality and official discipline in the activities of the police during the application of measures of administrative coercion in the sphere of ensuring public order and public safety under the conditions of the legal regime of martial law have been identified. A number of proposals and recommendations aimed at increasing the effectiveness of administrative and legal enforcement of lawfulness and discipline in police activities have been formulated, including by: continuing the development of external and internal control mechanisms over police activities, in particular with the participation of experts, representatives of civil society, focusing on measures, which would make it possible to effectively prevent police abuse of power, etc.

Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
European Criminal Justice and Data Protection
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