LEGALITY IN ADMINISTRATIVE DETENTION AND PERSONAL INSPECTION: FEATURES OF IMPLEMENTATION

The use of administrative detention and personal search is a fairly serious measure applied to a specific person, therefore authorized administrative entities must be clearly confident that all legal measures and criteria for its use are observed. This is due to the fact that administrative detention, by its legal nature, violates the constitutional principles of a person’s freedom of movement and personal integrity; therefore, mandatory compliance with the principle of legality by law enforcement officers in the implementation of such significant measures of administrative procedural support as administrative detention and personal search is required. Failure to comply with the entire established comprehensive procedure entails infringement of the rights of the detained and searched person, and in relation to the authorized administrative entity, the possibility of being brought to legal liability regulated by law. The article analyzes a number of problems in implementing the principle of legality during administrative detention and personal search, and proposes promising ways to properly solve them.