REGARDING THE ORIGINALITY OF THE PRINCIPLES OF ADMINISTRATIVE AND LEGAL MAINTENANCE OF PUBLIC SECURITY

Abstract

The article defines the essence and content of the principles of administrative and legal maintenance of public safety in Ukraine. It has been established that the effectiveness and efficiency of the entire system of principles of administrative and legal maintenance of public safety depends on their consolidation at the level of the relevant regulatory legal acts (which guarantee their legality) and the availability of a mechanism for their implementation (which is a condition for achieving the goal and the basis for assessing the compliance of the results). Considering that the system of principles of public safety is not enshrined in any legal acts, it has been emphasized on the importance of developing a draft Law of Ukraine “On Public Safety”, which should provide an exhaustive list of principles that will ensure proper observance of rights and freedoms of citizens, the legitimate interests of society and the state, to take timely measures to respond to its violations. It has been substantiated that the process of forming the sphere of ensuring public safety in Ukraine has not yet been finally completed; the most acceptable approach would be to systematize the principles according to three criteria: 1) the general principles that characterize the affiliation of the institution of ensuring public security in the administrative and legal sphere, determine the key principles for the formation and implementation of state policy in the field of ensuring public security; 2) basic principles that reveal the essence of administrative and legal support of public security as a component of national security; 3) specific principles, the observance of which creates the necessary prerequisites for the activities of subjects of public security maintenance. It has been established that in the context of the rapid growth of the importance of international activity standards in the process of maintenance of public security, the content of the principle of “flexibility” consists in the timely response of public security actors to threats that may occur, and the implementation of a number of measures to adapt domestic legal norms to the here and now realities. It has been noted that the protection of human and civil rights and freedoms remains a priority task for any subject of ensuring public security and is considered as basic for the entire institution of administration.