Open AccessProblems of formation of police law in the system of special administrative law
Author(s) -
T. Karabin
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.68.27
Subject(s) - law , public law , comparative law , civil law (civil law) , political science , element (criminal law) , private law , administrative law , ukrainian , doctrine , municipal law , philosophy , linguistics
The article is devoted to the study of the formation of police law in the legal system of Ukraine and its content. In Ukrainian science, the separation of police law is considered controversial, so its study also requires an analysis of the relationship with related parts of the legal framework.
The material of the article is presented by highlighting issues that need to be addressed during the formation of special administrative law in Ukraine in general and the problems of formation of police law in particular. The study also outlines the already developed positions and scientific prerequisites for the formation of a sub-branch of police law. Nevertheless, in the Ukrainian doctrine there is no generally accepted understanding of what is police activity, which relations should be attributed to police law, which bodies are referred to the police. The article attempts to answer these questions, as well as proposes the structure of police law as a sub-branch of modern administrative law. The article highlights and reveals some problems of forming a sub-branch of police law. The first is the frequent non-separation of police law by scholars as a stage in the development of administrative law and an element of the modern legal system that inhibits its development as a regulator of public relations. The second is the fear of the very term “police law”, which has opposite meanings: police (coercion) and law (freedom). Third, it is the influence of traditional Soviet developments in the field of policing, which hinder the formation of police law as a legal regulation of relations.
The structure of police law of Ukraine as a sub-branch of special administrative law as a set of norms that determine and regulate the formation of bodies that ensure public safety and law and order; tasks and powers of police bodies; grounds and procedure for application of police measures, procedures; rights and responsibilities of citizens in the field of policing.