The mechanism for ensuring human rights and freedoms during police custody

Abstract

The scientific article was written with the aim of determining the mechanism of ensuring human rights and freedoms during police custody and the problem of its implementation in practice.
 Under the mechanism of ensuring human rights and freedoms during police custody, it is proposed to understand the system of guarantees for ensuring human rights and freedoms, defined by international and domestic normative legal acts. Attention is focused on the constituent elements of the mechanism for ensuring human rights and freedoms during police custody.
 The work defines ways of ensuring human rights by the police during police custody. The author singles out some problems of the implementation of police care in practice and offers ways to solve them.
 The question of the use of force and special means by policemen during police custody is defined as debatable. Police custody is proposed to be understood as a measure that has a transitional nature from preventive to coercive. The question of whether police custody belongs to the types of police measures is considered open.
 As a problematic point, the lack of numbering of police custody protocols is highlighted. It is proposed to supplement section II of the Instructions for the preparation of materials on the application of police custody with paragraph 1-1, which would provide for the presence of a protocol series and number.
 Emphasis is placed on the lack of a clear definition of the appeal stage during the implementation of police custody. It is proposed to supplement the Instructions for the preparation of materials on the use of police custody with section IV "Appeals of Protocols".
 The author emphasizes that the technical recording of a policeman's actions should become a mandatory element of his activity. It is proposed to delete the words "if technically possible" in Clause 6 of Chapter II of the Instructions for the preparation of materials on the use of police custody.
 Outlined in the scientific article, the problems of the registration of police care are only the basis for further scientific research, which should clearly define the type of police measure of police care, the problems of its implementation taking into account the people-centered approach in the activities of the National Police, as well as ways to solve the identified problems by making changes to normative legal acts.