Legal regulation and grounds for theuse of coercive measures by law enforcement bodies of Ukraine

Abstract

The issue of regulatory and legal support for the use of coercion by authorized entities, as well as the grounds for the application of coercive measures by such bodies have been studied. According to the results of the study, it is concluded that the legal regulation of law enforcement agencies to apply coercive measures is carried out by a certain system of legislation, consisting of a large number of regulations that differ from each other in many ways and is a hierarchical system based primarily on the Constitution of Ukraine. At the same time, the legal grounds for the use of coercion by law enforcement officers are enshrined in the hypotheses of the norms of only certain regulations - the Laws of Ukraine "On the National Police", "On the National Guard", "On Pre-trial Detention", "On the Military Law Enforcement Service in Armed Forces of Ukraine ”as well as the Criminal Executive Code of Ukraine. The rest of the laws, although giving law enforcement officers the right to apply force, contain blanket rules that refer to the above three regulations to clarify the legal basis for their application, mainly to the Law on the National Police. It is also determined that the limits of harm caused by a law enforcement officer during the appli-cation of coercive measures must be commensurate with two factors: first, with the potential for danger to law enforcement interests (legal basis), and secondly, with the situation in which turned out to be the subject of coercion during the elimination of the specified non-security (factual basis). These two factors, combined, are nothing more than a complex basis of harm to the offender. And the actions of law enforcement officers will only be morally justified and permitted by law if the damage they caused is commensurate with both factors of the cause that caused it, ie the reason for the damage. The article expresses the opinion that the researched issues reflect the opposition of public and private interest, which is solved using the universal principle of proportionality. It is in this way that the legal regulation is carried out, where the legislator approaches the infliction of harm as a result of the use of force in a differentiated manner.