Administrative legal principles of human rights-based approach by the police

Abstract

One of the priority tasks of reforming law enforcement agencies is to build a preventive mechanism based on the observance of human and civil rights and freedoms, protection of society from violence and discrimination, and creation of barrier-free space for people with limited mobility. The multidimensional nature and complexity of the issues requiring statutory regulation in these areas determine the relevance of the subject under study. The purpose of this study was to model the administrative legal mechanism of police activity in which human rights would be optimally and effectively implemented. To fulfil this purpose, the methodology used included a combination of comparative rule-making, system analysis, internal and external induction, constructive cognition and content analysis. It was found that the observance of human rights in police activities is inextricably linked to the implementation of the rule of law and the provision of protective police services. Numerous cases of violations revealed during journalistic investigations and widely discussed by the public have become one of the reasons for the rapid decline in public trust in state law enforcement institutions, and as a result, a substantial obstacle to Ukraine’s integration into the European space. The study analysed the key reasons affecting the effectiveness of administrative legal strategies for ensuring a human rights-based approach in the practical activities of the National Police bodies (units). Specifically, these include transition processes related to the harmonisation of national legislation with international and European standards, low level of material and social security of police officers, insufficient level of professionalism, influence of negative environment, narrow understanding of administrative legal activities in the field of human rights related to the prevention of administrative and criminal offences. The study concluded that the principles of the rule of law, respect for human rights and freedoms and partnership-based interaction with the public are crucial and interrelated in the preventive activities of police. The study outlined the key areas of improvement of national legislation in the field of development and/or optimisation of administrative legal systems for ensuring the functioning of organisational, technical, information, and economic resources as guarantees of the implementation of the declared constitutional rights and freedoms. The results of this study can be used to formulate and improve the norms of national legislation that regulate the activities of law enforcement agencies and determine the content of its guidelines