Адміністративно-правові засоби недопущення втручання (тиску) в законну роботу правоохоронних органів на інституційному рівні

Abstract

A modern vision of the concept of preventing and counteracting interference (pressure) in the legitim work of law-enforcement authorities as a complex task of public policy, the implementation of which requires the use of a number of administrative, legal, organizational, informational tools are offered in the article. Nationwide factors that have become prerequisites for increasing the relevance of the topic at the legislative and doctrinal levels are identified. They are the following: 1) the natural development of the domestic legal system, strengthening the integration of the European legal tradition; 2) the increase in unjustified pressure on law enforcement agencies in connection with their systemic activities. Interference in the work of law-enforcement authorities can be legal, illegal, quasi-legal. The forms of influence expression are: active one (for example, media attacks) or passive form (non-appointment of the head). The influence expression is classified according to the following gradation: interference, obstruction (blocking), inclination to make decisions, threats, etc. Studying of forms of influence is necessary for forming an adequate policy to respond to them. The article emphasizes that in addition to lawful and unlawful interference, there is another act that does not contain the elements of an offense, instead, covering the abuse of a certain right, creates obstacles to the effective performance of law enforcement functions. The author notes that the introduction of modern psychological forms of law-enforcement officers’ protection helps to increase their professional suitability, ability to withstand threats and challenges. Key words: law-enforcement authorities, obstruction, interference, unlawful influence, independence of law-enforcement institution, criticism.