Fundamental legal principles for application of coercive measures by military servicemen and employees of the State border guard service of Ukraine

Abstract

Changing threats and challenges to border security, armed aggression of the Russian Federation, a significant level of cross-border delinquency necessitate the need to determine the legal basis for coercive measures, military equipment and weapons by the personnel of the State Border Guard Service of Ukraine (hereinafter -SBGS). After all, the tools with which border guards are "armed" in counteracting offenses must ensure: 1) the ability to exercise their powers; 2) prevention of violation of the rights and freedoms of individuals in the course of these activities; 3) protection of life and health, property of law enforcement officers and their relatives from unlawful encroachments in connection with their official activities. The purpose of the article is to determine the state of legal regulation of relations in the field of coercive measures by SBGS servicemen and employees, signs and general conditions of legality of their use and application, as well as formulate proposals for improving legislation on legal regulation of coercive measures application by border guards.
 The peculiarities of application of coercive means, military equipment and weapons by the SBGS servicemen and employees are related to the dual status of the SBGS as a military formation and as a law enforcement agency, which affects the legal status of SBGS personnel. This entails assigning a double task to the SBGS: 1) ensuring military law and order and 2) ensuring law and order in the border area of Ukraine. The application of coercive measures while performing the first task is regulated by the Regulations of the Armed Forces of Ukraine, and while performing the second task – both by the Law of Ukraine “On the State Border Guard Service of Ukraine” and the Regulations of the Armed Forces of Ukraine.
 The analysis of the norms of the Law of Ukraine “On the State Border Guard Service of Ukraine” shows the lack of a systematic approach to the legal regulation of preventive measures and coercive measures as types of police measures. The names of coercive measures defined in Art. 21 of the Law of Ukraine “On the State Border Guard Service of Ukraine” need to be edited. The research established the relationship between coercive measures and circumstances that exclude criminal unlawfulness of an action, defined signs of coercive measures and identified general conditions for the legality of the use and application of coercive measures. At the same time, further research is needed on the signs and conditions of legality of use and application of certain coercive measures defined in the Law of Ukraine “On the State Border Guard Service of Ukraine” in order to effectively and lawfully apply them.