SOME ISSUES OF THE INTRODUCTION OF THE PRESUMPTION OF CORRECTNESS OF THE POLICE OFFICER IN UKRAINIAN LEGISLATION

Abstract

Problem setting. The article deals with certain aspects of the concept of «presumption of correctness», it turns out the expediency, necessity and conditions of consolidation at the legislative level of the principle of presumption of the correctness of the policeman, explored the advantages and disadvantages of such a principle.

Target of research. The purpose of the study is proceeding from the analysis of the current legislation, doctrinal developments, practical activities of the police, public opinion, to identify the main advantages and disadvantages of the principle of the presumption of correctness of the police officer; to find out the expediency of involving in the plane of national legislation the principle of the presumption of correctness of the police officer.

Analysis of recent researches and publications. The following scientists analyze issues of organization of police activities, administrative and legal status of a policeman, improvement of methods and forms of his professional activity in their researches: Bytyak Y. P., Pronevych O. S., Kobzar O. F., Shapoval R. V., Glukhoverya V. A., and others. Some aspects of the presumption of the correctness of the policeman were researched in the works of Onishchuk I.I., Shutak I.D., Kravchuk O.O., Lantsedova Y.O.

Article’s main body. At present, the principle of the presumption of correctness of a police officer has no legislative authority, despite this, the analysis of the relevant rules gives good reasons to believe that the principle is still applied to certain types of offenses. For example, the note to Art. 122 of the Code of Ukraine on Administrative Offenses contains a provision allowing to recognize the subject of an administrative violation of a person who did not directly control the vehicle, but such a vehicle belongs to such person on the right of ownership (in case of specific violations of the rules of the traffic). Another example of the application of the following presumption can serve as Article 271 of the Code of Ukraine on Administrative Offenses. According to this article, a person may be ordered to commit an administrative offense in the field of road safety secured in an automatic mode, as well as violation of the rules of stop, parking, parking of vehicles, recorded in the mode of photography (video) without its participation.

It must be understood that the presumption of the correctness of a policeman is in no way intended to restrict or reduce the rights and freedoms existing in a person and a citizen; the said legal structure is related exclusively to the greater legal awareness and professionalism of the police officer, who, acting in accordance with the law, decides on bringing a person to account for the offense committed by him. In turn, a person is obliged to comply with the requirements of the police primarily not because of the existence of legislative norms, but to a greater extent precisely because of the certainty that the police officer is a professional who, in accordance with the law and within the limits of clearly defined competence, performs all actions in the interests of the individual. The introduction of a presumption of the correctness of a policeman will not only raise the authority of the police among different sections of the population and increase the level of trust in it, but will also strengthen the level of national security.

Conclusions and prospects for the development. Thus, it must be recognized that the introduction of the presumption of the correctness of the police officer into national law, although possible, is currently inappropriate, despite the relevant circumstances. It must be acknowledged that the presumption of the correctness of a police officer in foreign countries is based primarily on the high professionalism of law enforcement bodies, their structures, the recognition of a police officer, his status as a society. Unfortunately, Ukraine has not yet reached the level of organization of the activity of law-enforcement bodies, which will prevent the conflict between real and presumption professionalism of a policeman.