PROBLEMS OF LEGAL-REGULATORY SUPPORT OF COUNTERACTION TO COVID-19 BY THE NATIONAL POLICE

Abstract

The article reveals the problems of legal support of counteraction to COVID-19 by the National Police. Negative factors influencing the stabilization of the epidemiological situation include the lack of a consistent Government policy of counteraction to COVID-19, manipulation of statistical indicators, inefficient activities of entities tasked with ensuring quarantine in Ukraine, gaps and shortcomings in national legislation. The main problem at the legal-regulatory level is that the organization of counteraction to the spread of COVID-19 in Ukraine is enshrined in a resolution of the Cabinet of Ministers of Ukraine, and not by law. It is noted that the National Police is in fact the only entity empowered to apply administrative coercive measures to comply with quarantine requirements. The Law of Ukraine “On the National Police” was analyzed for the absence of provisions on the provision of quarantine measures. Article 44-3 “Violation of the rules on human quarantine” of the Code of Administrative Offenses of Ukraine is considered and controversial issues regarding its implementation are identified. It is concluded that there are problematic issues in the implementation of proceedings in cases of administrative offenses under Article 44-3. First, the use of coercive measures by the police. Secondly, regarding the legality of drawing up a report by the police in case of disagreement with the commission of an illegal act by the offender. Third, the possibility and expediency of detaining a person by the police in such categories of cases. The conclusion is made about the imperfection of the state of legal support of counteraction to COVID-19 by the National Police and the need to improve it taking into account the national legislation and studying the experience of the member states of the European Union.The article reveals the problems of legal support of counteraction to COVID-19 by the National Police. Negative factors influencing the stabilization of the epidemiological situation include the lack of a consistent Government policy of counteraction to COVID-19, manipulation of statistical indicators, inefficient activities of entities tasked with ensuring quarantine in Ukraine, gaps and shortcomings in national legislation. The main problem at the legal-regulatory level is that the organization of counteraction to the spread of COVID-19 in Ukraine is enshrined in a resolution of the Cabinet of Ministers of Ukraine, and not by law. It is noted that the National Police is in fact the only entity empowered to apply administrative coercive measures to comply with quarantine requirements. The Law of Ukraine “On the National Police” was analyzed for the absence of provisions on the provision of quarantine measures. Article 44-3 “Violation of the rules on human quarantine” of the Code of Administrative Offenses of Ukraine is considered and controversial issues regarding its implementation are identified. It is concluded that there are problematic issues in the implementation of proceedings in cases of administrative offenses under Article 44-3. First, the use of coercive measures by the police. Secondly, regarding the legality of drawing up a report by the police in case of disagreement with the commission of an illegal act by the offender. Third, the possibility and expediency of detaining a person by the police in such categories of cases. The conclusion is made about the imperfection of the state of legal support of counteraction to COVID-19 by the National Police and the need to improve it taking into account the national legislation and studying the experience of the member states of the European Union.