Превентивно-примусові поліцейські засоби забезпечення публічної безпеки та порядку

Abstract

Проаналізовано зміст терміна «правопорядок» та його співвідношення з термінами «громадський порядок» та «громадська безпека». Обґрунтовано висновок, що правопорядок охоплює собою громадський порядок та громадську безпеку, однак не обмежується ними.

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 aintenance, an extensive system of bodies authorized to carry out public administration in the field under study.