Separate problematic aspects of the use of the results obtained during the use of technical devices and special technical means by the national police as evidence in the case of an administrative offense

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The authors note that the relevance of the article lies in the fact that the results obtained by the police in the process of its use of technical means and special technical devices in the course of performing the tasks assigned to it and exercising the powers defined by law, in particular, during the implementation of measures to ensure the proceedings in administrative cases offences, can be used as evidence during the consideration of a case on an administrative offense and clarifying the issue of guilt or innocence of a person whois brought to administrative responsibility. It is proven that compliance by the police with the appropriate regulatory and legal regulations for the use of technical means and special technical devices during measures to ensure proceedings in cases of administrative offenses is one of the determining conditions for the effectiveness of prevention and countermeasures againstoffenses. The current national legislation is analyzed, on the basis of which the normative legal regulation of the use of technical means and special technical devices by police officers during the implementation of measures to ensure proceedings in cases of administrative offenses and law enforcement practice is carried out.Certain ways of improving the activities of police officers in the field of their use of technical means and special technical devices are proposed, in particular, during the implementation of measures to ensure proceedings in cases of administrative offenses, and the use of their results as evidence that would meet the criteria provided by legislation during the considerationof a case of administrative offence. That is why the purpose of the article is: to emphasize that the use of technical means and special technical devices by the police during the implementation of measures to ensure the proceedings in cases ofadministrative offenses and the use of their results as evidence must be based on strict compliance with the regulatory and legal procedures that regulate the use such tools and devices.As a result of the analysis of the specified scientific doctrines and norms of the current legislation of Ukraine, the authors come to the conclusion that non-compliance by the police with regulatory and legal procedures regulating the use of such technical means and special technical devices in the course of performing the tasks assigned to it and exercising the powers leads tothe recognition of the acquired with their help, the results of fixing the offense are inadmissible evidence in the case of an administrative offense, since part 3 of Article 62 of the Constitution of Ukraine clearly states that the accusation cannot be based on evidence obtained illegally, as well as on assumptions. All doubts regarding the proven guilt of a person are interpreted in his favor.