Preventive police-enforcement means of ensuring public security and order

Abstract

The article asks about the need to improve the current administrative and tort law, first of all, by clarifying the essence, content and significance of preventive-compulsory police means of ensuring public safety and order. In this regard, the essence of preventive measures is clarified, which is, firstly, to prevent unlawful conduct on the part of specific individuals who are inclined to such behavior; and secondly, in eliminating the causes that facilitate the commission of offenses, and in creating conditions that exclude unlawful behavior. Under preventive measures, it is suggested to understand a coordinated system of influence on consciousness and behavior of citizens in order to detect and prevent their illegal behavior in this area. The effectiveness of this form of implementation of administrative and legal regulation is due to an increase in its effectiveness in the process of ensuring public safety and order. After all, in the case of committing offenses or other negative phenomena, public security directly affects the adverse impact of its participants. In this case, the competent authorities have the task of only imposing appropriate penalties on the offender and implementing a compensatory and restorative function of responsibility. However, the damage to public relations has already been inflicted and the role of public authorities is limited to fixing the offense and responding appropriately to it. The feature of preventive and coercive measures is that they are most often used in law enforcement activities by public administration bodies when exercising their supervisory and control powers. At the same time, the grounds for the use of such means are the presence of a potential or actual threat to public security and order, that is, the existence of special conditions specified in the legislation, related or not related to the unlawful conduct of persons to whom they are applied. A large number of normative and legal acts that determine the procedure and grounds for the use of preventive-compulsory means are due to the peculiarity of their scope of application: the presence of numerical objects of public security and order maintenance, an extensive system of bodies authorized to carry out public administration in the field under study.

Authors and Affiliations

Andriy Sobakar

Keywords

Related Articles

Institutional guarantees of rights and freedoms of internally displaced persons in Ukraine: theoretical and legal aspects

The article analyses the institutional guarantees of ensuring the rights and freedoms of internally displaced persons in Ukraine. Thus, the legal protection of the status of internally displaced persons in a modern legal...

Citizens’ right to self-defence as main guarantee of their security

The article deals with the essence of citizens' right to self-defense as the main guarantee of their security. The characteristic features of the citizens' right to self-defense are defined. The existing legislation regu...

Some aspects of determination of administrative coercion in National police activities

The article studies scientific approaches to the definition of administrative coercion in the context of its use in Ukraine of the National Police, a concept of administrative coercion characteristic use of the National...

Essence and content of the concept of critical infrastructure of banking system of Ukraine

. The article analyzes the functioning of the banking system of Ukraine, it development prospects and actual threats. The analysis of domestic normative legal acts, which uses the term "critical infrastructure" and "crit...

Accordance of breves of art. 66 and p. 1 of art. 68 of Constitution of Ukraine with theory of implementation of legal norms: pros and cons

While processing this paper the author put an aim to evaluate pros and cons concerning accordance of the normative and legal breves of the art. 66 and p. 1 of the art. 68 of the Constitution of Ukraine with the generally...

Download PDF file
  • EP ID EP331858
  • DOI 10.31733/2078-3566-2017-4-87-95
  • Views 69
  • Downloads 0

How To Cite

Andriy Sobakar (2017). Preventive police-enforcement means of ensuring public security and order. Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav, 4(4), 87-95. https://europub.co.uk/articles/-A-331858