Open AccessPolice care in the activities of the Ukrainian National Police Units
Author(s) -
I.V. Berdnik
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 - 10.24144/2307-3322.2021.69.35
Subject(s) - legislation , legislature , ukrainian , law enforcement , normative , political science , law , philosophy , linguistics
The article describes the peculiarities and the place of such a novel in Ukraine police legislation as police care. It is devoted to the study of the relationship between the concepts of "care" and "police care". The grounds and conditions for the use of police care are determined problematic aspects of this police measure are analyzed. The peculiarities of police care for minors according to native legislative regulation are revealed. The status and categories of persons, who left out of care are determined. Special attention is paid to the lack of uniformity of legal requirements on the age of a person to whom police custody can be applied is drawn.
The author stresses specific application of this police measure among preventive police measures and come to the conclusion about the need for further improving the provisions of Article 41 of the Law of Ukraine "On National Police" in order to comply with the provisions of the Law of Ukraine "On Psychiatric Care".
She concludes that the normative principles of police care as a preventive police measure, defined in the Law of Ukraine "On National Police", on the one hand contain legislative novelties unknown the past practice of law enforcement, and on the other - the mechanism of their application needs clarification and specification, given the above gaps in legislation. The subjects of application of police care to the persons specified in Part 1 of Article 41 of this Law, first of all, are patrol police officers who make activities in a certain area of the settlement or outside it. At the same time, the list of such persons needs to be specified and regulated, taking into account the analysis of the results of law enforcement practice.