Regulatory support and legal grounds for the coercion by the law enforcement agencies of Ukraine

Abstract

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws