ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR IMPLEMENTATION AND FUNCTIONING OF THE CUSTODY RECORDS SYSTEM IN THE ACTIVITIES OF THE BODIES OF THE NATIONAL POLICE OF UKRAINE

Abstract

Development of Ukraine as an independent democratic state governed by the rule of law and as a full member of the European community is impossible without the approval of international standards of respect for human rights and freedoms. Given the recent trends of the European Court of Human Rights and the recommendations provided by the Council of Europe, one of the priorities for Ukraine is to reform the law enforcement system in terms of respect for human rights and freedoms in the exercise of police powers. Today, the National Police of Ukraine together with non-governmental organizations are carrying out a set of measures aimed at reforming the law enforcement system, the key of which is the introduction of a system of accounting and recording actions against the detainee – Custody Records. Despite the fact that the pilot projects of the system are already actively operating on the basis of temporary detention facilities in several regions of Ukraine, and in the near future it is planned to launch the system in all police units (institutions), numerous issues of administrative and legal regulation of the system remain open. Thus, the relevance of the research topic is due to the urgent need to eliminate gaps in the administrative and legal regulation of the implementation and operation of the Custody Records system in Ukraine. The purpose of the study is to highlight the nature and importance of the appropriate level of administrative and legal regulation of the Custody Records system for the observance of human rights and freedoms in the activities of the National Police of Ukraine. In view of this, the results of the study formed a definition of administrative and legal regulation of the implementation and operation of Custody Records in Ukraine as one of the types of state and legal regulation, and which is proposed to be defined as regulated by regulations, targeted state influence on social relations that arise between state and civil institutions during the implementation and further functioning. The current state of legal regulation of the introduction and further functioning of the Custody Records system as a component of its administrative and legal regulation is highlighted. It was stated that the adoption of departmental regulations aimed at regulating the functioning of the system indicates positive changes, but is insufficient, in this regard, proposals were made to improve the studied area of public relations.