“Rule of law” principle in the organisation and activity of law enforcement authorities of Ukraine (in Ukrainian)
Journal: European Scientific e-Journal (Vol.20, No. 5)Publication Date: 2022-06-18
Authors : Iryna N. Korostashova;
Page : 17-29
Keywords : rule of law; law enforcement authorities; law enforcement agencies; criminal legal protection; administrative legal protection; mechanism of legal regulation;
Abstract
The article is devoted to the issues of normative-legal regulation of the “rule of law” principle in the laws regulating the organisation and activity of law enforcement authorities of Ukraine and the problems of its implementation by officials of these enforcement authorities. The author of the article determines the levels of legal regulation of the “rule of law” principle, analyses its essence and content and composition of its substantive elements. The system of law enforcement authorities has been researched and three groups of such authorities have been highlighted. The first group includes law enforcement agencies, which are divided into two subgroups: of narrow specialisation – authorised to provide criminal law protection and broad specialisation – authorised to implement – criminal law protection and administrative protection. The second group includes law enforcement authorities to carry out administrative and legal protection (control and supervision). The third group includes human rights bodies and persons providing public services. The analysis of the meaning of the term “law enforcement agencies” used in the Constitution of Ukraine was realised. The analysis of the norms of national legislation regulating the organisation and activity of law enforcement agencies on the existence of standardisation of the “rule of law” principle, determination of its content and the existence of a mechanism for implementing the of “rule of law” principle in the activities of law enforcement officials. Certain shortcomings of legal regulation were revealed. Proposals for improving national legislation governing the organization and activities of law enforcement agencies have been formulated. Proposals are provided, the implementation of which will raise the level of knowledge and legal culture of law enforcement officers and facilitate their exercise of powers in accordance with the “rule of law” principle like improve of internal (departmental) and of external (extrajudicial) control (including judicial) over law enforcement authorities.
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