The peculiarity of unity and differentiation of the regulatory and legal regulation of the procedure for obtaining the status of a participant in hostilities by police officers

Abstract

It is emphasized that in its basic form, unity and differentiation is one of the principles of legal regulation of social and legal relations which provides for the existence of general requirements for the behavior of their participants and a standardized set of legal instruments of regulation, but at the same time allows for special approaches to the regulation of relations characterized by certain specifics given the objective circumstances with a view to ensuring equality of rights, freedoms and interests.

The features of unity and differentiation of the regulatory and legal regulation of the procedure for obtaining the status of a combatant by police officers have been studied. It has been established that obtaining the status of a combatant by police officers is a separate, narrow and specific issue, which determines the features of unity and differentiation of its regulatory and legal regulation.

It is established that the procedure for obtaining the status of a combatant is regulated by a generalized system of legal documents which set out the content of the status of “combatant”, legal consequences, as well as standards, principles, rules and peculiarities of its granting, including to police officers. Along with these acts, the provisions of departmental legislation on police activities, the specifics of consideration and processing of documents certifying the existence of grounds for obtaining the status of combatant by special, intra-departmental commissions of the National Police of Ukraine are specified.