Problems of legal-enforcement of police activities during the traffic control

Abstract

The subject of the study is the regulatory basis and procedures of using administrative compulsion in the law enforcement activities of the modern Ukrainian police. The objective of the paper to analyze contemporary legal regulation of using police measures during the traffic control.

The relevance and scientific novelty of the generated results in the article are due to the presence of a number of inconsistencies and contradictions in the practice of using police measures that significantly affect the efficiency of the police activities and the state of guaranteeing basic human rights in the country, because nowadays there is an approbation of innovations of the legislation governing policing in Ukraine. The problems of imperfection of certain provisions of the law are mostly manifested in the relations between patrol police officers and drivers during the traffic control.

The author has stated that the Ukrainian system of police (preventive and special compulsory) measures is well-established that incorporate the necessary authorities to carry out the tasks of the National Police, in particular in the field of road safety. And exaggeration in the form of the implementation of excessive expansion of police rights can conversely lead to negative social consequences. However, in-depth analysis of certain legal relations in this area demonstrates the need for some improvement of the existing legislation and to outline one of the important issues of legal guaranteeing the rights of drivers and safety of police officers after the stopping (in certain cases under the law) the vehicle.

The author of the article has grounded in the conclusions the expediency of the balanced approach to the expansion of existing compulsory police powers and priorities for further improvement of legislation. The obtained results of the paper should contribute to the improvement of preventive policing in the sphere of road safety and combating offenses.