Terminological conflicts in the application of the terms “public (civic) security and order”

Abstract

Police of Ukraine regarding the respect for the rights and freedoms of citizens, ensure optimal living conditions, well-being, and order and legality in the state. In the Law, the updated terms “public security and order” were introduced to replace the fixed terms “public security” and “public order”, which caused a lively and still ongoing discussion in scientific circles, and in some places, even disagreement with the innovations. The arbitrary combination of the two terms into one word combination is still unclear, in some regulations “public” (civic) is used at the same time, with the latter taken in parentheses, thereby confirming the semantic similarity and the impracticality of simultaneous use. The purpose of this study was to analyse various scientific views, opinions of practitioners on the content and expediency of using the terms “public (civic) security and order” and their phrases. During the study, scientific methods were employed, which allowed obtaining reasonable conclusions, including system method, hermeneutics, analysis and synthesis, terminological, formal legal, and comparative legal methods. Various literature was processed, including special literature, various scientific sources, provisions of the Constitution of Ukraine, Laws, Decrees, orders, etc., on the subject under study. Based on the study results, there are discrepancies and a lack of consensus regarding the use of the terms “public (civic) security and order”, the legislators did not define these terms in the Law of Ukraine “On the Militia” and the Law of Ukraine “On the National Police”. Proceeding from the processed array of data on the use of the terms “civic security” – “public security”, “civic order” – “public order”, the authors of this paper justified the need for their unification through changes to the entire array of laws, resolutions, orders, etc., that are directly or indirectly related to organizing the work of law enforcement agencies in terms of securing law and order