About some problems of implementation of preventive activity by divisions of the National Police of Ukraine

Abstract

The article analyzes and evaluates the activities of the patrol police units of Ukraine on the prevention of administrative and other offenses on the transport routes of our state, in particular, and by using the capabilities of the so-called phantom cars on them, as well as the existing problems in connection with this and developed scientifically substantiated ways to solve them on the merits.

As follows from the content of Art. 3 of the Constitution of Ukraine, human rights and freedoms and their guarantees determine the content and direction of the state. At the same time, the establishment and protection of human rights and freedoms is the main duty of the state. At the same time, according to the practice and results of special scientific research, the current situation in Ukraine is quite difficult, in particular, to ensure safety on roads and other similar highways, which necessitates improving the content of preventive activities of relevant units of the National Police. including at the regulatory level. Thus, according to official data, only in 2018-2020 in Ukraine there were almost 400 thousand road accidents (road accidents), which killed about 10 thousand and injured 90 thousand people. The fact that more than 39.2% of those killed in road accidents are pedestrians and cyclists is also noteworthy. In addition, in the last five years (2015-2020), 1.4 thousand children under the age of 18 were fatally injured on the roads. At the same time, as proved at the procedural level, one of the main determinants that causes and causes the commission of these socially dangerous acts and criminal consequences is exceeding the speed limit of vehicles.

Given the above, the patrol police of Ukraine are objectively forced to carry out a set of measures tested in practice and in science, aimed at preventing any offenses on the highways of our state, as well as more actively apply the legal means of recording such acts and when proving the guilt of offenders in court. However, again, as shown by the administrative and legal practice of preventive activities on this issue, often the use of patrol police technical means of recording administrative offenses leads to misunderstandings between citizens and employees of this law enforcement agency, resulting in evasion of legal responsibility, as well as appeals and, ultimately, to an ambiguous assessment of such activities of the National Police in the courts due to the lack of clear legal regulations for the use of technical means of recording offenses and other legal gaps in the current legislation of Ukraine.

In this context, the "new" problem and the subject of judicial and scientific discussions was the activity on the roads of Ukraine of so-called "phantom cars", which record administrative offenses in a closed mode for drivers of vehicles (secretly, without visible signs of belonging to a law enforcement body), which, given the requirements of the Constitution of Ukraine and the UN Convention on Fundamental Rights of Man and Citizen, and other laws of our state, can not be recognized as lawful (lawful and permissible) activities in a democratic state, which recognized itself at the constitutional level and Ukraine (Article 1 of the Basic Law).