DEFINITION OF THE EFFECT OF MARTIAL LAW ON POLICE POWERS

Keywords: Key words: powers, legal regime, martial law, police, legal status.

Abstract

The introduction of the appropriate type of legal regime affects the legal status of both citizens and officials. The article investigated the issue of the factor of legal influence on police activities due to the introduction of a special legal regime of martial law through the prism of the scope of powers. Among the research methods of this topic, such as: analysis and deduction were used. That made it possible to make a comprehensive and comprehensive review of the scientific issue and made it possible to determine the essential elements that affect the dynamics of police powers in the conditions of the legal regime of martial law. Namely, it was determined what affects the change of static police powers when the legal regime of martial law is put into effect. At the same time, it is determined that the scope of police powers is not variable, but only the scope of the grounds for their application changes, which affects their possibility of application.

At the beginning of the article, an analysis of the essence of the National Police of Ukraine from the point of view of the doctrinal vision was presented. In the course of consideration of this issue, a review of the scientific works of scientists regarding the concept and historical origin of the police in the state was carried out. These results made it possible to determine the main role of the police and the purpose of its activity in society, which made it possible to further consider the main legal component of the relevant body and its employees, namely the powers. When considering the content of the powers of police officers, the comprehensive views of scientists on this issue were applied, which made it possible to define this concept. The powers of the police represent a measure of possible behavior, a set of rights and obligations specifically defined in the law, the implementation of which is carried out on behalf of the state in the person of the relevant authority. Speaking about the powers of the police, it was emphasized that their scope does not change even with the introduction of the relevant legal regime, but their expansion still takes place. Therefore, the question of the influence of the legal regime of martial law on the powers of the police was not concluded. In this connection, a theoretical and doctrinal review of the legal regime was carried out. From the normative side, the legal regime of martial law and its influence on the powers of the police were investigated. Based on the results of the analysis, the indirect effect of the legal regime of martial law on the powers of the police was established.

It was determined that upon the introduction of the appropriate legal regime on the territory of Ukraine, representatives of the National Police of Ukraine are given additional grounds for the use of authority in the form of measures of police influence. That thereby has a direct impact on the volume of cases for the application of police powers.

 

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Published
2022-12-27
Cited
How to Cite
Pevko, S. (2022). DEFINITION OF THE EFFECT OF MARTIAL LAW ON POLICE POWERS. The Journal of V. N. Karazin Kharkiv National University. Series Law, (34), 114-124. https://doi.org/10.26565/2075-1834-2022-34-14
Section
Administrative law and process; finance law; information law