(Адміністративне та фінансове право)
ACTIVITIES OF THE NATIONAL POLICE AS A MECHANISM FOR ENSURING HUMAN RIGHTS AND FREEDOMS
Today, as can be seen, there is a constant reform of law enforcement agencies, so there is a need to create a more effective policy in the field of law enforcement. It is well known that law enforcement agencies perform perhaps the most important function that concerns society. As stated in Article 3 of the Constitution of Ukraine: a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Human rights and freedoms and their guarantees determine the content and direction of the state. The state is accountable to man for his activities. The establishment and protection of human rights and freedoms is the main duty of the state . Analyzing this article, we can say that law enforcement agencies are called to protect and defend human rights and freedoms, regardless of their property status, origin, age, gender, etc.
Under the definition of human rights and freedoms should be understood as enshrined in law the possibility of physical existence and spiritual development of human. They are owned by everyone who lives on the territory of Ukraine, regardless of their legal status.
Analyzing the role of the police in ensuring and protecting human rights and freedoms, emphasis should be placed on such similar but not identical terms as “protection”, “provision”. As for the legal literature, these concepts are usually distinguished and there are reasons for such a distinction. Thus, the need to protect and safeguard constitutional rights and freedoms usually arises in case of their violation, the presence of certain obstacles to their use, conflict situations in their resolution and in other cases . Thus, the protection of rights covers preventive measures applied in cases of violation of rights, and their protection is the rest of all legal measures after the offense. That is, the protection of rights and freedoms in a single mechanism of implementation functions as a certain defined independent stage with specific goals and objectives, carried out through coercive measures. This approach is positive because it aims to separate preventive measures from self-defense. As for the rest of the content of the concepts of protection and defense of the rights and freedoms of citizens, they coincide.
The activities of the police to protect human rights and freedoms have certain features that are determined by their powers. First of all, it should be noted that the activities of the police must be humane, impartial and clearly comply with the law.
The powers of the police to implement European human rights law are reflected in various areas of activity, including: public order, public safety, investigation, enforcement of judgments and decisions, etc. Particular attention should be paid to the form of citizen participation in ensuring their rights, and it is in the activities of public organizations. In connection with the reform of law enforcement agencies, it can be said that constitutional provisions are the basis of the mechanism of administrative and legal regulation.
Such regulations apply not only to the freedoms of citizens. They may directly concern police officers exercising their competence in the field of internal affairs. It is important to note that the activities of the police are subject to the rules of international law, which, in turn, contain universal requirements for the activities of the police.
Finally, it is important to emphasize that law enforcement agencies in general and the national police in particular have a special role to play in implementing the administrative and legal mechanism for ensuring human and civil rights and freedoms. When applying police measures, it is important to understand that human rights are enshrined in legislation, which is guaranteed by enforcement mechanisms and protection procedures. Human rights are a rule guaranteed by appropriate security mechanisms and guarantees. Therefore, today requires from police officers a high moral and cultural level, appropriate level of education, thorough knowledge not only of national rules and their proper application at the national level, but also international legal documents relating to human and civil rights and freedoms in Ukraine.
1. Електронний ресурс: https://zakon.rada.gov.ua/laws/show/254к/96-вр/print
2. Небрат О.О. Адміністративно-правовий механізм забезпечення прав і свобод людини в діяльності національної поліції. URL: http://univd.edu.ua/general/publishing/konf/30_06_2017/pdf/30.pdf
3. Отчак Н.Я. Характеристика адміністративно-правового механізму діяльності національної поліції в сфері забезпечення прав і свобод громадян. URL: http://www.pap.in.ua/1_2019/67.pdf
Науковий керівник: кандидат філософських наук,
доцент Ювковецька Юлія Олександрівна.