Criminal law component the regulation of police coercive measures in the law of Ukraine «On the National police»

Abstract

July 2, 2015 the Verkhovna Rada of Ukraine adopted the Law of Ukraine № 580-VIII «On the National police».

In article 2 of this law defined the tasks of the police. Stated that the purpose of the police is to provide police services, in particular in the areas of: 1) ensuring public safety and order; 2) protection of the rights and freedoms of the individual and interests of society and the state; 3) combating crime.

The implementation of these goals is possible provided sufficient power to ensure in the said law, among others, provided the police and coercive measures – the use of firearms, special means, physical force.

Despite the consequences, which can be in their application, this article looks at the issues of adjustment of the wording of the rules, which provides the grounds and conditions of the use of police coercive measures, their consistency with each other and with other rules of the law of Ukraine «On the National police», as well as the circumstances precluding criminality.

Stated that the right to police enforcement can not be absolutely identical circumstances, which exclude criminality. However, such a right cannot be narrowed substantially in comparison with the right of a citizen to harm.

The right of police to use firearms, special means, physical force shall be recognized as legal, necessary, proportionate and effective when it is based solely on the provisions of the Law of Ukraine «On the National police».

Suggestions for improving the provisions of the act.