European and National Method of Counteraction to Police Arbitrariness

H.Ye. Yefimenko
2020 Zenodo  
The article covers the issue of police harassment and necessity of legislative regulation of range and permissible limits of the use of special measures used to maintain law and order. The article identifies human rights and fundamental freedoms as a priority in the National policing and reflects its service function in state and society. The description of the police as a subject of administrative law and a guarantor of law and order in the country is given in the article. The article deals
more » ... h the provisions of The Constitution of Ukraine and general regulations governing the activities of the National Police. The analysis of European and national approaches in counteraction of exceeding the limits of authority by policemen and also description of the provisions governing the specifics of the application of special measures are specified. The work contains a review of the case law of the European Court of Human Rights in cases related to combating police misconduct. In addition to the analysis of legislation and case law, the article reflects the main prerequisites for the problem of harassment and exceeding the limits within which a police officer must act. The article contains a detailed analysis of the peculiarities of the application of measures related to violence and encroachment on the rights and freedoms of citizens. The paper pays attention not only to the practical and normative aspect of the above mentioned problem, but also describes the role of fundamental principles of law and human rights in understanding the theory of law. The peculiarities of protection of violated rights in court were also given and the inadmissibility of the police's superiority over the law was proved. The main idea, which was laid down by the author of the article in its content, was the need to ensure legal certainty in legislation aimed at regulating the actions of police officers in situations requiring police intervention. Also, the need for clear regulation and consolidation of regulations, in the rules of law, the pr [...]
doi:10.5281/zenodo.4666031 fatcat:ypuh4hq7hrhr3cw4g47vhzolyq