Principles of activity of law enforcement bodies
DOI:
https://doi.org/10.61345/1339-7915.2023.2.7Keywords:
theory, practice, legislation, international standards, administrative law, relations, societyAbstract
Based on the research of scientific opinions, the new administrative-legal doctrine, the analysis of domestic and international legislation, the article examines the key fundamentals of administrative-legal support for the activities of law enforcement agencies. Considering the fact that domestic law enforcement agencies and their officials have constant relations with citizens in their activities, it is emphasized that modern principles of administrative law should play an important role in these relations, which is the purpose of the work. The methodological basis of the work is the provisions of the modern theory of scientific knowledge of legal and social phenomena. In the course of writing the article, general philosophical, general scientific, logical and special legal methods of scientific knowledge were used. The main international principles and standards that determine the content of the activities of law enforcement agencies in international agreements ratified by Ukraine are highlighted. Based on the analysis of the legislation, the modern principles of the National Police, as one of the leading law enforcement agencies of the state, are considered. An important place is given to the characteristics of foreign legal acts aimed at ensuring and protecting the rights of citizens by law enforcement officials. For this purpose, international legal acts, which are one of the main sources of legal regulation of relations arising in the activities of law enforcement agencies, were analyzed. They establish the norms and principles of behavior of an official of a law enforcement agency for the performance of professional activities in relations with citizens and the rules of conduct binding on them in specific conditions of law enforcement activity. The need to introduce special principles of administrative law into the activities of law enforcement agencies is substantiated. On this basis, the following special principles have been researched, substantiated in detail and recommended: the principle of ensuring trust; the principle of ensuring human rights; the principle of providing access to information technologies; the principle of ensuring the confidentiality of information. These principles correspond to the domestic administrative-legal doctrine, international standards and principles, legal relations of officials of law enforcement agencies, which can be an important direction of the new administrative-legal doctrine of law- enforcement agencies.
References
Kolodiy A.M. (2012). Principles of law: genesis, concept, classification and implementation. Almanac of law. Issue 3. P. 42–46. [in Ukraine].
Administrative law: study guide (2001). H.G. Zabarny, R.A. Kalyuzhny, O.V. Tereshchuk, V.K. Theshell K.: A.V. Palivoda Publishing House, 137 p. [in Ukraine]
Averyanov V. (2010). Updating the doctrinal foundations of Ukrainian administrative law and its principles in the light of European integration requirements. Law of Ukraine. No. 3. P. 4–16. [in Ukraine].
On the National Police (2015): Law of Ukraine dated July 2. No. 580-VIII. Verkhovna Rada information. No. 40-41. Art. 379. [in Ukraine].
Pronevich O.S. (2015) Public trust as a criterion for evaluating efficiency activities of law enforcement agencies. Law forum. No. 4. P. 225–231. [in Ukraine]
Public Safety and Trust in Law Enforcement (2020) Results of 2013–2020 studies conducted in the Kharkiv region: [monograph]/ Serdyuk O.O., Bobro N.V., Shcherbakova I.V., Kuzina I.I., Danylenko I.V.; Ministry of Internal Affairs of Ukraine, Kharkiv. national University of Internal Affairs matters; Chairman example National police in Kharkiv. Region Kharkiv: Kharkiv. National University of Internal Affairs of affairs. 346 p. [in Ukraine].
Kozyubra M.I. (2007). The principles of the rule of law and the rule of law: the unity of the main ones requirements Proceedings. Vol. 64. Legal Sciences. P. 3–9. [in Ukraine].
Resolution 690 (1979) on the adoption of the Declaration on the Police: adopted Parliamentary Assembly on May 8. URL: http://hrlibrary.umn.edu/russian/euro/RRes690(1979).html (in France).
Rabynovych P.M. (1995). Problems of legal protection of human rights (general theoretical aspect). Ukrainian journal of human rights. No. 2. WITH. Р. 16–23. [in Ukraine].
Constitution of Ukraine (1996): Law of Ukraine dated 28.06. No. 254k/96-VR. Information of the Verkhovna Rada of Ukraine. 1996. No. 30. Art. 141. [in Ukraine].
Kryshtanovych M. (2013).The activity of the OBS regarding the protection of human rights and freedoms as importanta condition for ensuring the national security of Ukraine. Scientific Bulletin. Issue 12 P. 34–38. [in Ukraine].
On the ratification of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950, the First Protocol and Protocols Nos. 2, 4, 7 and 11 to the Convention (1997): Law of Ukraine dated July. No. 475/97-VR. Information of the Verkhovna Rada of Ukraine. No. 40. Art. 263. [in Ukraine].
Perepelitsa M.M., Volodko A.H. (2016). The order of formation of information search engines in the MIA system. Kharkiv National Gazette University of Internal Affairs. No. 2. P. 75–85. [in Ukraine].
Podobny O.O., Slatvinska V.M. (2021). The main tasks of informatization law enforcement activity. Legal scientific electronic journal. No. 9. P. 180–182. DOI: https://doi.org/10.32782/2524-0374/2021-9/43 [in Ukraine].
Report of the National Police of Ukraine on the results of work in (2021). URL: https://www.kmu.gov.ua/storage/app/sites/1/17-civik-2018/zvit2021/Zvit_NPU_2021_.pdf [in Ukraine].
Svitlichnyy O.P. (2017). Provision of legal information by a subject of authority. Public law. No. 3. P. 88–94. [in Ukraine].
Public Safety and Trust in Law Enforcement (2020) Results of 2013–2020 studies conducted in the Kharkiv region: [monograph]/ Serdyuk O.O., Bobro N.V., Shcherbakova I.V., Kuzina I.I., Danylenko I.V.; Ministry of Internal Affairs of Ukraine, Kharkiv. national University of Internal Affairs matters; Chairman example National police in Kharkiv. Region Kharkiv: Kharkiv. national University of Internal Affairs of affairs. 346 p. [in Ukraine].
Code of conduct for law enforcement officials (1979): Resolution of the General Assembly of the UN dated 17.12. 1979. No. 34/169. URL: https://ips.ligazakon.net/document/view/MU79004R?an=1 ( in USA).
The European Code of Police Ethics set out in Recommendation Rec (2001)10 of the Committee of Ministers to the member states of the Council of Europe dated September 19. URL: https://hrea.org/wp-content/uploads/2021/02/Recommendation-Rec200110_European-Code-of-Police-Ethics_ Ukrainian.pdf (in France).
Resolution 690 (1979) on the adoption of the Declaration on the Police: adopted Parliamentary Assembly on May 8. URL: http://hrlibrary.umn.edu/russian/euro/RRes690 (1979).html (in France).
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Yury Holodnyk
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
