Open AccessFEATURES OF LEGISLATIVE REGULATION SEARCH FOR MISSING PERSONS
Author(s) -
Dmytro Nykyforchuk,
Dmytro Chemerys
Publication year - 2021
Publication title -
ukraïnsʹka polìceïstika: teorìâ, zakonodavstvo, praktika/ukraì̈nsʹka polìceì̈stika: teorìâ, zakonodavstvo, praktika
Language(s) - English
Resource type - Journals
eISSN - 2709-927X
pISSN - 2709-9261
DOI - 10.32366/2709-9261-2021-1-1-68-79
Subject(s) - legislation , legislature , constitution , law enforcement , political science , criminalization , population , sanctions , law , ukrainian , criminal code , context (archaeology) , enforcement , work (physics) , human rights , criminal law , sociology , engineering , geography , mechanical engineering , linguistics , philosophy , demography , archaeology
The article is devoted to the study of the peculiarities of the legislative regulation of the search for missing persons. Since the central place among the law enforcement agencies that search for this category of persons is occupied by units of the National Police, the authors pay attention to the laws that guide police officers in their activities. The scientific description of the laws in the context of search work is carried out taking into account the practical experience of the authors. Emphasis is placed on the processes that create preconditions for the disappearance of people in Ukraine: the economic crisis, the armed conflict in the East, the mass exodus of citizens abroad, quarantine restrictions due to the COVID-19 pandemic, impoverishment of some segments of the population and high general criminalization of Ukrainian society. It is noted that these circumstances are reflected in the legislation and affect the activities of the National Police of Ukraine. The effect of some laws in various situations of disappearance is described. Examples from practice are given. The paper focuses on optimizing the work of the National Police in this area, because the timely introduction of changes and additions to existing legislation and the adoption of new regulations ensure compliance with the human rights and freedoms guaranteed by the Constitution of Ukraine. It was found that the legal qualification of the fact of missing person under a particularly serious article of the Criminal Code of Ukraine has a positive effect on the search work. An analysis of the Law on the National Police revealed that some categories of vulnerable people (elderly people who were helpless) were left out of the legislator's attention. According to the practical experience of one of the authors, these individuals are often victims of accidents and need police care. The effect of some laws in various situations of disappearance is described. Examples from practice are given. Ways to optimize work in this area are proposed.