Regarding measures to respond to offenses, defined by the Code of Ukraine on Administrative Offenses, as types of police measures
Year: 2025
Type: article
Abstract: The article is devoted to measures to respond to offenses, defined by the Code of Ukraine on Administrative Offenses, as types of police measures. The author states that the types of police measures are normatively defined in Article 30 of the Law of Ukraine “On the National Police” (hereinafter referred to as the Law), which, among others, also indicates “measures to respond to offenses, defined by the Code of Ukraine on Administrative Offenses”. What these measures to respond to offenses are - neither the Law nor the Code of Ukraine on Administrative Offenses determine, nor do scientists pay attention to this in numerous studies devoted to both police measures in general and their specific types. The concept of a police measure is normatively defined in Article 29 of the Law «On the National Police», according to which a police measure is an action or a set of actions of a preventive or coercive nature that restricts certain human rights and freedoms and is applied by police officers in accordance with the law to ensure the implementation of the powers assigned to the police. The legislator in Article 30 of the Law includes measures to respond to offenses defined by the Code of Ukraine on Administrative Offenses and the Criminal Procedure Code of Ukraine, police preventive measures and coercive measures, as well as other measures defined by separate laws. The Law regulates and discloses only police preventive measures and coercive measures, as for measures to respond to offenses defined by the Code of Ukraine on Administrative Offenses, they are not disclosed as such either in the Law or in this Code, so it is not clear what is being said. Having analyzed the provisions of the Code of Ukraine on Administrative Offenses and based on the normative definition of the concept of police measures, we have established that these measures should be understood as all those actions that the police are authorized to take and do take in accordance with the Code of Ukraine on Administrative Offenses, responding to administrative offenses, in order to prevent the commission of administrative offenses, stop them, educate citizens in the spirit of law enforcement, bring offenders to administrative responsibility, etc. This is primarily the preparation of protocols on administrative offenses, the announcement of oral remarks in case of minor administrative offenses, consideration of cases on administrative offenses and the imposition of administrative penalties, the application of measures to ensure the proceedings in cases on administrative offenses, the implementation of resolutions on the imposition of administrative penalties - all of this is, in our opinion, measures to respond to offenses defined by the Code of Ukraine on Administrative Offenses, in the sense of the Law as police measures.
Authors: V. T. Komziuk, T. B. Shapoval
Institution: Cherkasy National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408089342