ADMINISTRATIVE ACTIVITIES OF LAW ENFORCEMENT INSTITUTIONS IN ENSURING PUBLIC ORDER AND SECURITY DURING MARTIAL LAW:IN COMPLIANCE WITH THEPRINCIPLE OF THE RULE OF LAW

Abstract

The article analyzes the administrative activity of law enforcement institutions in ensuring public order and security during the period of martial law, taking into account the restriction of human and civil rights and freedoms and the principle of the rule of law. Inparticular, doctrinalapproachesandcurrentlegislationregardingtheconceptofpublicorderandsecurityareanalyzed. Itwasestablishedthatpublicorder and security are specialevaluativelegalconcepts. Public order constitutesthefundamentalprinciples (principles) ofthestatesystem (integrity, independence, sovereignty, inviolability), theruleoflawandthebasicrightsandfreedomsof a personand a citizen. Publicsafetyis a system of measuresregulatedbylegalnormsaimedatcreating a state of security, conditions for the minimizationorabsenceofrisks, thre atsanddanger sassociatedwithmeetingtheneedsofsociety.

The opinion about the need to define the concept of public order and security at the legislative level, bringing the norms of current legislation and law enforcement practices into compliance with their enforcement by law enforcement institutions is substantiated.

It was established that the institutional provision of public order and security is carried out by a system of subjects, which consists of law enforcement institutions, agencies with law enforcement functions and courts. Itisemphasizedthattheregulatory and legalregulation of theactivitiesoftheseinstitutionshasbeensignificantlytransformedoverthepastfive years. As a result of the analysis, the opinionregar dingtheneedtobringthenorms of the currentleg is lationin to compliancewith the sechangeswassupported.

It was established that the leading functions of ensuring public order and security with the use of administrative coercion are vested in the National Police of Ukraine, attention is focused on the specifics of the use of discretionary powers by these institutions.

Problematic aspects of compliance with the principle of the rule of law, human rights and freedoms during the period of martial law during the application of administrative coercion measures by law enforcement agencies to ensure public order and security have been identified.

The authors are convinced of the importance of continuing research in the field of legal regulation of public order and security, in particular regarding the patterns of development of public order and security in foreign countries.