Regarding the issue of legal regulation of administrative procedures in the activities of the National police of Ukraine

Abstract

In the article, based on the analysis of numerous positions of scientists, the author's approach to defining the concept of "legal regulation of administrative procedures in the activities of the National Police of Ukraine" is proposed. This concept refers to the purposeful influence of the norms of administrative law on social relations with the aim of ensuring the rights, freedoms and legitimate interests of individuals and legal entities, the normal functioning of civil society and the state with the help of administrative and legal means. It was determined that in the course of the National Police's activities, a large number of administrative procedures are implemented, which relate to various areas of public life. At the same time, each of them has a certain normative anchoring. At the same time, most of these procedures have a sub-legal nature and are expressed in departmental regulations.Attention is also drawn to the fact that the legality of normative legal acts does not mean that they are less legally binding, since such acts have the necessary legal validity, which, although it does not have the same generality and supremacy as is characteristic of laws. They occupy an important place in the entire system of regulatory and legal regulation, as they ensure the implementation of the provisions of the Constitution and laws of Ukraine through specific regulatory regulation of the entire complex of social relations.The article states that the system of legal regulation directly depends on many state processes and is constantly undergoing changes. In addition, the presence of extensive departmental sources does not always solve gaps in legislation, and sometimes even has a contradictory nature.At the same time, despite the existence of a significant legal base, it is noted that there are cases of legal gaps that often lead to the violation of citizens' rights. First of all, attention should be paid to the problem of the procedure for applying preventive police measures and measures to ensure proceedings in cases of administrative offenses. As a result, in the article, the author identifies certain problems and ways to solve them in the implementation of proceedings in administrative offense cases, the use by the police of such a preventive measure as checking documents.It was concluded that the legal regulation of the implementation of administrative procedures in the National Police belongs to the complex system objects of research and requires a comprehensive study.