LEGAL BASIS FOR THE ACTIVITIES OF THE NATIONAL POLICE TO PREVENT UNLAWFUL ACQUISITION OF VEHICLES
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 1, Issue 6
Abstract
The author analyzes regulations governing the issue of prevention of illegal seizure of vehicles in Ukraine by the National Police. In general positively assessing the content of these legal acts, the author points to their individual shortcomings. Attention is drawn to the fact that the problem considered in the article, along with others that are related to road safety and the operation of transport in our country, has been studied by many scientists (O. Balobanov, V. Myslyvyi and others). At the same time, the changes that are occurring, in particular, at the legislative level, as well as in the structure of the Ministry of Internal Affairs of Ukraine, the work of the National Police, require a revision of the legal framework for preventing such crimes as the unlawful seizure of a vehicle. The author analyzes the statistics of the crimes provided for in Art. 289 of the Criminal Code of Ukraine, over the past five years. This allowed to establish that the annual level of vehicle theft in Ukraine is high against the background of a relatively small number of criminal proceedings sent to court with an indictment (an average of 20−25% of the total number of registered crimes provided for in Art. 289 of the Criminal Code of Ukraine). One of the reasons for this ratio of criminal proceedings registered and sent to court may be the insufficient regulatory and legal support for the activities of the National Police to prevent the unlawful seizure of vehicles. The author offers his own vision of solving this problem by expanding the functions of the Patrol Police Department, as well as interacting with the civilian population by informing him about possible ways to protect vehicles from unlawful seizure. In addition, it is necessary to develop certain provisions of the legislation in order to classify the tasks of preventing the seizure of vehicles to the functional duties of other services and units of the National Police. It also initiates the development of a state program to combat this type of crime and the conclusion of a multilateral treaty with European states on this issue.
Authors and Affiliations
С. І. Мінченко, О. І. Мінченко
Keywords
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