Social and Legal Studios

Abstract

The article is devoted to the characteristics of the types of preventive police measures used by the National Police of Ukraine. Scientific positions on the definition of administrative warning (prevention) and preventive police measures have been studied. The purpose of the police measure is defined, which is proposed to understand the prompt resolution of issues, the situation on the ground by using clearly defined means aimed at the immediate outcome of the protection of human rights and freedoms, crime, public safety and order. Signs of police measures have been established, which should include: 1) applied only to police officers; 2) their implementation is possible only within the limits and on the basis of legal norms defined by the Law of Ukraine “On the National Police” or other normative legal acts; 3) are carried out in the form of certain intellectual and volitional actions and physical actions; their application does not require the issuance of an administrative act, which, however, does not preclude the possibility of their implementation on the basis of and for the implementation of such an act; 4) aimed at the occurrence of the actual result, and not at the occurrence of legal consequences; 5) must have mandatory procedural registration, and in case of a police measure in violation of the legal norms defined by the Law of Ukraine “On the National Police” (or the Code of Ukraine on Administrative Offenses, the Criminal Procedure Code of Ukraine and other laws), they can be appealed in court or out of court by appealing to the relevant institutions; 6) may be coercive or preventive. The grounds for the application of the police measure are determined: legal and factual preconditions. The legal preconditions for the application of a police measure include: 1) consolidation at the level of the Law of Ukraine “On the National Police” of the powers vested in the police with regard to the application of certain police measures; 2) legally established requirements, procedure and procedure for committing and processing police measures; 3) legally established conditions under which a police measure may be applied. The actual preconditions for the application of police measures are also enshrined in law and are determined taking into account the powers vested in the police

Keywords: prevention, preventive activity, National police, administrative warning, prevention, police measures, offenses, prevention, coercion

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