PROBLEMATIC ASPECTS OF THE PRESUMPTION OF RECTITUDE OF A POLICE OFFICER IN UKRAINE

This article is dedicated to problems of applying the principle of rightness of the law-enforcement OFFICERS, who execute their duties according to the law ABOUT the National Police. State-building processes, which mostly touches building or reformatting executive bodies to increase the effectiveness and resistiveness of their functioning, are still ongoing in Ukraine. Today we are able to see some cons of The National Police, such as an absence of the principle of presumption of rightness of policemen in Ukrainian law. It is analyzed in this article, that for right-state building not only Constitutional citizen's rights need more effective protection, but also law-enforcement officers rights. Application of the procedural forcing plays a special role in a presumption of rightness of policemen. It is scientifically proven, that the presumption of rightness of policemen is nothing but a fiction, — deliberately wrong decision of the law-maker but it helps to protect human rights and freedoms, including rights of the officials' The conclusion of this article is that presumption of rightness of policemen is not a legal despotism of law-enforcement officer, not his right to do whatever is wanted and moreover it isn't his right to give whatever commands to vulnerable people. Presumption of rightness consists in that in force of one only status and fact of service in law enforcement authorities of the state of policeman provide with the row of exclusive plenary powers, first of all plenary powers in relation to application of force events that an ordinary citizen does not have, plenary powers in relation to application and use of weapon, and also set privilege that must provide implementation to the policemen of the duties on a due levels. The same the state as though presumes conscious respectability of every policeman. If it not so and a policeman breaks the law in harm interests of citizens, then the presumption of rightness must be refuted by a court in relation to a certain policeman there were doubts in respectability of behavior of that.