Since November 7, 2015 comes into force the Law of Ukraine “On the national police”. Here is a short overview of the law. Note that according to the final and transitional provisions of the Law of Ukraine “On the national police” (hereinafter – the Law) cease to have effect Law of Ukraine “On Militia”.
Thus, the National Police of Ukraine (hereinafter – the police) – is the central body of executive power, which serves the community by ensuring the protection of human rights and freedoms, combating crime, maintaining public security and order. I hope that the basis for police work will just be serving society.
The main objectives of the police is to ensure public safety and order; protection of human rights and freedoms, as well as the interests of society and the state; combating crime; provision within the limits defined by law, the services of assistance to persons who because of personal, economic and social reasons or due to emergencies are in need of such assistance.
The law imposes on the police carry out their duties in strict compliance with the laws Ukarini. Thus, Art. 5 of the Act clearly states that the police carried out their tasks impartially, in strict accordance with the law. No exceptional circumstances or instructions from officials may not be the basis for any illegal actions or omissions of the police. It is necessary to note the following: In many cases, the police in their legitimate activities is not too pointed out that they have an order from above, but because they perform it. Citizens should adopt this article in all cases, to respond to such actions have the police by filing a complaint to the prosecutor, the court or directly to the leadership of the police officer.
Often, as there are times when the police just pass by all sorts of offenses, “do not look in that direction,” do not respond to public disorder. And it can be a fight and abuse people. In this regard it should be noted that Art. 7 of the Act states “the police under all circumstances prohibited contribute inflict, instigate or tolerate any form of torture, cruel, inhuman or degrading treatment or punishment. Citizens have the right and should such cases capture and write the corresponding complaint.
Brief look at the structure and the right (duty) police. According to the law, a police officer is a citizen of Ukraine, who took the oath of police who served at the respective positions in the police and that the special rank of police. Turning to face, or in the case of treatment of a person to the police, the police is obliged to give his last name, position, special rank and present official identification upon request, providing an opportunity to get acquainted with as set out in its information, not letting it go.
The law determines the composition of the police:
1) criminal police;
2) patrol police;
3) bodies of pre-trial investigation;
4) police protection;
5) Special Police;
6) special purpose police.
The main police powers are set Art. 23 of the Law:
Police in accordance with the tasks entrusted to it:
1) carries out proactive and preventive activities aimed at preventing the commission of offenses;
2) Identify the causes and conditions conducive to the commission of criminal and administrative offenses, takes within its competence, measures to address them;
3) take measures in order to identify the criminal, administrative offenses;
4) take measures aimed at eliminating threats to life and health of individuals and of public safety arising from the commission of criminal and administrative offenses;
5) provides a timely response to the statements and reports of criminal, administrative offenses;
6) carries out pre-trial investigation of criminal offenses within a particular jurisdiction;
7) searches for fugitives from the pre-trial investigation authorities, the investigating judge, court, evading execution of criminal penalties, missing persons, and other persons in cases determined by law;
8) in cases specified by law, exercise of administrative offenses in the cases takes a decision on the application of administrative penalties and ensure their implementation;
9) provides in cases and order established by law, detainees suspected of committing a criminal offense and persons who have committed an administrative offense;
10) takes measures to ensure public safety and order on the streets, squares, parks, squares, stadiums, railway stations, airports, sea and river ports and other public places;
11) regulates the traffic and monitors the observance of traffic rules by the participants and the legality of operation of vehicles on the road network;
12) carries out maintenance of vehicles in cases determined by law;
13) issue in accordance with the law permission for the movement of certain categories of vehicles; in in the cases determined by law, provides and coordinates permits in the area of road safety;
14) shall take all possible measures to provide immediate, in particular domeditsinskoy and medical, assistance to victims of criminal or administrative offenses, accidents as well as to persons who find themselves in a situation dangerous to life or health;
15) takes measures to identify persons who are unable to due to health, age or other circumstances give information about themselves; establishes the identity by an unidentified corpses;
16) provides security taken under the protection of persons on the grounds and in the manner prescribed by law;
17) within its competence as defined by law, oversees the compliance of laws and other normative-legal acts on the guardianship of orphans and children deprived of parental care and take measures to prevent child neglect, delinquency among children, as well as social care for children, serving a sentence of imprisonment;
18) take measures to prevent and combat domestic violence;
19) provides protection of objects of state property in cases and order established by law and other legal acts, and also participates in the implementation of public health;
20) carries on a contract basis the protection of individuals and objects of the right to private and communal property;
21) supervise the observance of natural and legal persons of special rules and procedures for the storage and use of weapons, special means of individual protection and active defense, ammunition, explosives and other items, materials and substances covered by the licensing system of internal affairs bodies;
22) takes place in accordance with the law receive, store and destroy seized, voluntarily surrendered or found firearms, gas, cold and other weapons, ammunition, ammunition, explosive substances and devices, narcotic drugs or psychotropic substances;
23) exercise control within its competence as defined by law, the observance of radiation safety requirements specifically defined zone of radioactive contamination;
24) helps to ensure, in accordance with the law of the legal regime of martial law or a state of emergency, zones of an ecological emergency situation in the event of their ads on the entire territory of Ukraine or in separate areas;
25) perform within the competence of law enforcement requests (law enforcement officials) of other states or international police organizations in accordance with the law and international treaties of Ukraine.
Police to fulfill its tasks shall take measures to respond to the offense defined by the Code of Administrative Offences and the Criminal Procedure Code of Ukraine on the grounds and in the manner prescribed by law. The police may apply such preventive measures:
1) checking documents; 2) survey of persons; 3) Surface testing and inspection; 4) Stop the vehicle; 5) The requirement to leave the place, and limit access to certain areas; 6) the restriction of movement of persons, the vehicle or the actual possession of a thing; 7) entry into housing or other property of a person; 8) to verify compliance with the requirements of the permit system of internal affairs bodies; 9) the use of technical devices and equipment, having the function of photographing and filming, video recording, means of photographing and filming, video recording, 10) to verify compliance with the restrictions established by law in respect of persons under administrative supervision, and other categories of persons; 11) police custody.
In carrying out preventive policing the police must inform the person of the reasons for its preventive measures, as well as to bring to its attention regulations on the basis of which such measures apply.
The law also determines which coercive measures may be used by the police – the physical impact (force) 2) the use of special tools; 3) the use of firearms.