Some problematic points during the implementation by the national police authorities of the verification of the certificate confirming the vaccination against COVID-19.

Abstract

It is indicated that the implementation of certain measures by the executive branch of government for stabilization and safety in society from the probable threats posed by the disease of COVID-19 caused the latter to take certain measures to achieve the above-mentioned goal. However, such measures must first of all be consistent with and comply with the legislation of Ukraine and ensure the implementation of the principle of the rule of law in its law-making and law-enforcement activities. In turn, police bodies in the process of exercising their powers implement a number of measures, among which a special place belongs to preventive measures. The latter, in turn, are called to serve society by ensuring the protection of human rights and freedoms, including maintaining public order and security. Therefore, the role and importance of the National Police as one of the central bodies of the executive power in ensuring the state’s duty to affirm and protect the rights and freedoms of man and citizen is important for the functioning of the law enforcement system as a whole, which in turn should be based on the basic principles of legal regulation of social relations in the state. The article, based on the analysis of the scientific views of scientists and the norms of the current legislation, defines the types of preventive measures implemented by the National Police of Ukraine. In particular, the content of a separate event such as document verification is disclosed.It was established that the measures implemented by the National Police bodies, including preventive ones, such as the verification of documents, should be based exclusively on legally established procedures (mechanisms), and in no case on subordinate legal acts. Since the latter leads, on the one hand, to the violation of the Constitutional foundations, and on the other hand, to abuses by representatives of state authorities, undermining their legitimization in the eyes of society, and as a result of legal nihilism in general.As a result of the analysis of scientific doctrines and norms of the current legislation of Ukraine, the authors come to the conclusion that the verification of documents is an action or a set of actions of a preventive nature that limits certain human rights and freedoms and is used by the police in accordance with the law to ensure the fulfillment of the powers assigned to the police. In turn, additional powers, including the right to check documents confirming vaccination against COVID-19, a negative test result or recovery of a person from the specified disease, are possible if such a right is prescribed in the Law of Ukraine «On the National Police» and does not contradict fundamental rights and freedoms of man and citizen.