Concept and classification of powers of the Cyberpolice Department of the National Police of Ukraine

Abstract

The author of the article has outlined the etymology of the legal category of “powers”. Special attention has been focused on the fact that, revealing the essence of the powers of the Cyberpolice Department as a subject of counteraction to cybercrime, such concepts as “right” and “duty” can not be evaded. The author has made the conclusion about the interdependence of the terms of “powers” and “task”. It has been noted that the term of “powers of the Cyberpolice Department of Ukraine” did not receive its legislative consolidation.

The author has formulated own definition of the term of “powers of the Cyberpolice Department of the National Police”, which is offered to understand as the system of legal rights (measures of possible behavior) and legal obligations (measures of the necessary behavior) determined at the regulatory level, which the Department has in order to implement the law enforcement functions.

The key regulatory acts have been researched through the prism of the main powers of the Cyberpolice Department of the National Police. The classification of powers of the Cyberpolice Department of the National Police of Ukraine has been provided, taking into account the main areas of activity of the researched state authority. Among the main types of powers of the Cyberpolice Department the author has offered to distinguish the following: main (direct) and additional (derivatives); organizational, control and supervisory. The emphasis has been paid to the fact that non-fulfillment or improper performance of their duties or abuse of the law entails legal liability that can be applied to the subjects of the relevant legal relations, including the Cyberpolice Department of the National Police of Ukraine.