REQUIREMENTS FOR POLICE MEASURES: ESSENTIAL CHARACTERISTICS, TYPES AND LEGISLATIVE REGULATION

Abstract

The article is devoted to the types of requirements set forth by the legislation of Ukraine for police measures, their essential characteristics and legislative regulation. Requirements for police measures are divided into general (legality, necessity, sufficiency, proportionality, effectiveness; put forward for all police measures) and special requirements (for a separate group of police officers measures or their individual types). It was noted that within the limits of special requirements, their internal differentiation into group and individual requirements is possible. It is emphasized that proper legislative regulation of requirements for police measures is an important condition for the successful implementation of the powers of the Police, a guarantee of observance and provision of human rights and freedoms. It is emphasized that the application of requirements to police measures is based on discretion, and therefore requires from the police officer not only knowledge of the legislation of Ukraine, but also the ability to assess the situation for compliance with the legally established requirements. It was concluded that the further improvement of the legislative regulation of requirements to police measures requires further adaptation of the legislation of Ukraine to European standards, the elimination of conflicting legislation and the exclusion of unclear categories from it, which may have a negative impact on police practice and the observance of human rights (in particular, regarding the expediency of clarifying the innovation, which had a place in the Law «On the National Police» in terms of the possibility of the use of «immediate means» by the police in conditions of martial law, etc.).