Review

The article focuses on problems of legal regulation of policing with the Criminal Procedural Code of Ukraine and the Law of Ukraine "On the National Police", and offers ways of their solution.

Thus, the events of recent years in Ukraine led to the formulation of a number of social requests for reforms. The progressive international community is closely monitoring their execution and implementation. According to various objective indicators one the most promising is the reform of the Ministry of Internal Affairs of Ukraine – the transformation of the militia as punitive and repressive body into the National Police with the best possible service functions.

Actually Ukrainian mentality when every policeman in fact is wrong this right can be not realized. Hardly in the US there is a question about the illegality of bringing a suspect with, for example, drugs, to the police station without any witnesses, minutes, and others. In the case of the same actions of police in Ukraine - will immediately appeal to all possible instances that weapon is "planted", and therefore the detention is not lawful. In this regard, the most urgent question is the elaboration, implementation in legislation and law enforcement activities of the presumption police’s innocence - all police officer’s actions are legitimate, while the other will be decided by a court or other authorized body. Of course, this proposal requires extensive discussion, not only professional.

In the future, it is extremely important to amend Art. 233 of the Criminal Procedure Code of Ukraine "Penetration into the residence or other person’s property":

“3. The investigator, prosecutor, other authorized person is entitled before the investigating judge issues a decree to enter the residence or other property only in urgent cases ...”.

Of course, under other authorized person should be first understood the police officer who implements his/her powers to lawful breach the inviolability of residence or other person’s property.

We also should mind the departmental rule-making – the majority of above mentioned problems can be solved by elaboration and issuing of joint orders of various law-enforcement ministries and departments.

Keywords: police, police activity, legal regulation, rights and duties, crime, suspect.