TYPICAL VIOLATIONS DURING A SURFACE CHECK, PERSONAL EXAMINATION AND SEARCH IN CASES ABOUT DRUG CRIME

Abstract

The article discusses the procedure for conducting and securing a surface inspection, personal inspection and search. Considered typical mistakes (violations) of the law that are allowed during their implementation. Attention is drawn to certain gaps in the legislation. The author cites the lack of a clear formulation of the status of a person to whom a superficial check can be applied as a shortcoming related to the normative consolidation of the issues identified in the study. So, for example, ‘suspect’, ‘offender’, ‘detainee’ are subjects with different procedural status. Legislation establishes specific legal relations with police officers for each of them. The grounds for a citizen’s acquisition of each of the above-mentioned statuses are also significantly different. In view of this, it is not permissible for the police to use one pattern of behavior when conducting a surface check of citizens with different procedural status. Therefore, it is emphasized the need to adjust Art. 34 of the Law of Ukraine ‘On the National Police’. At the same time, the achievement of justice in the law enforcement process depends not only on the procedural regulation of the actions of the law enforcer, but also on his level of legal awareness, etc. It is concluded that in order to avoid or minimize the errors described in the article in the activities of investigators or other persons who, by virtue of their official duties, are involved in the field of combating drug crime, it is necessary to: highlight typical errors that occur in their activities, including when conducting surface inspection, personal examination and search in cases of drug crimes; implementation of scientific and practical recommendations aimed at eliminating the specified shortcomings in practice; familiarization of a wide range of law enforcement officers with such typical violations during their training or advanced training at departmental higher educational institutions of the Ministry of Internal Affairs, discussion of problematic issues investigated in the article at relevant specialized training courses, thematic seminars, workshops, trainings, etc.