ADMINISTRATIVE AND LEGAL GUARANTEES OF THE LAWFULNESS OF THE SERVICE ACTIVITY OF THE NATIONAL POLICE OF UKRAINE

Abstract

The article examines the administrative and legal guarantees of the lawfulness of the service activity of the National Police of Ukraine. It is established that the provision of police services is connected not only with satisfying the lawful needs of a person in the sphere of security, assistance and protection of rights and freedoms, but also with the exercise of the authoritative powers of the police, and therefore the guarantees of legality in this sphere must be regarded as a necessary element of the administrative and legal support of policing. Scientific approaches to the categories of “guarantees”, “legal guarantees” and “ensuring” are analysed and the features of legal guarantees of legality are revealed. It is substantiated that the administrative and legal guarantees of ensuring the legality of police service delivery belong to the special legal ones, since they have a normatively defined character, are implemented through administrative and legal means and directly affect the lawfulness of the activity of the National Police of Ukraine, and cover the normative certainty of police services, the procedural regulation of their provision, internal and external control, administrative appeal against decisions, acts or omissions of police officers, the recording of official actions and disciplinary liability. A system of guarantees is constructed according to their functional purpose, and their classification according to five independent grounds of division is proposed. It was concluded that the features of legal guarantees for ensuring the legality of the provision of police services include: systemic nature, which is due to their multifaceted nature and interconnectedness, since such guarantees form a corresponding system, the elements of which may be related to individual areas of service activity of the National Police of Ukraine; legitimacy, which consists in the fact that the relevant norms aimed at ensuring the legality of the provision of police services are adopted in accordance with the procedure established by law and only by those entities that are endowed with the relevant normative powers; permanence, since such norms operate regardless of the will of individual participants in legal relations until their change or cancellation in accordance with the procedure prescribed by law; state security, which means the mandatory implementation of the relevant norms by all participants in legal relations in the field of the provision of police services, including with the use of measures of influence provided for by law; ideological orientation, which is manifested in the fact that the state, by establishing guarantees of the legality of the provision of police services, creates conditions for increasing the authority of the National Police of Ukraine, strengthening public trust in its activities and establishing the service nature of police activities; limited effect in time and range of subjects, since such guarantees apply mainly to bodies and units of the National Police of Ukraine, police officers and persons who apply for police services or to whom such services are provided.