Improving legal regulation of the application of certain preventive measures by the police

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Introduction: The police, fulfilling the tasks assigned to it to protect public order and ensure public safety, are authorised to apply measures of state coercion (suppression). The existing practice of realisation of the powers vested in the police to apply preventive measures does not create problems in their implementation. The reason for this can be considered an informal conditional "agreement" between law enforcement and judicial authorities, it is also possible to believe that on these occasions there were no precedents for appealing against the actions of officials, but on the legal side, the realisation of some police actions not coordinated with the norms of law or not regulated at all by them "breaks" the integrity of the legislative system and calls into question its fundamental principles, has a negative impact on the formation of scientific doctrine and law enforcement practice. One of the basic principles of law enforcement agencies in general, and internal affairs bodies in particular, is legality, therefore, any actions must fully comply with the requirements of the legislation. The absence of legal regulation of elements of the activities of authorised bodies and their officials makes it much more difficult to assess compliance with legality by the latter, and the existence of norms that imply "guessing" the order of their application provokes ambiguity of interpretation and can also be differently assessed in the performance of supervisory functions over the activities of law enforcement agencies. In the article the authors make an attempt to systematize preventive measures aimed at the detection of evidence in cases of administrative offences, as well as items prohibited for circulation and storage in special premises and institutions for the detention of certain categories of citizens.

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Preventive measures, administrative activities of the police, inspection activities, administrative offense, personal search, search of things, personal search

Короткий адрес: https://sciup.org/143182324

IDR: 143182324   |   DOI: 10.55001/2312-3184.2024.55.81.010

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