ДЕЯКІ ПРОБЛЕМИ ВИЗНАЧЕННЯ ПОНЯТТЯ ПРАВООХОРОННИХ ОРГАНІВ ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ

In article the content of concept "law enforcement agencies" is considered and the main problems of its standard regulation in the current legislation of Ukraine are formulated.

The concept "law enforcement agencies" is often used in the legal theory and practice. There is no the unequivocal understanding, what bodies are law-enforcement. It conducts to various understanding of this concept, and also discussions concerning reference of this or that state authority to law enforcement agencies. There is no uniform jurisprudence of application of standards of the legislation on law enforcement agencies. Therefore research of a problem of definition of concept and the list of law enforcement agencies is actual.

The analysis of the current legislation of Ukraine shows that the concept " bodies of protection of a law and order" is fixed in the Constitution of Ukraine and connected with activity implementation on ensuring state security. However the Law of Ukraine «About National security of Ukraine» does not determine concept and the list law-enforcement by body, and also divides law enforcement agencies and bodies with law-enforcement functions.

The unique definition of the list of law enforcement agencies contains in the Law of Ukraine «About the state protection of employees of court and law enforcement agencies». However this Law cannot be considered as an appropriate source of a legal regulation of concept of law enforcement agencies. This Law is not intended for definition of concept and the exhaustive list of law enforcement agencies, and has other designated purpose - definition of a circle of officials of the various regulatory authorities having the right to the state protection.

Thus, the legislation of Ukraine does not contain concrete definition of concept the "law enforcement agencies", the exhaustive list of these bodies and accurate criteria on which this or that body can be carried to law enforcement agencies. Also in the Constitution of Ukraine there was a concept "law enforcement bodies" which demands differentiation with concept "law enforcement agencies".

These problems are offered to be solved by adoption of law of Ukraine «About law-enforcement activity» which would define concept and signs of law enforcement agencies, and also would formulate their list and delimited them from law enforcement bodies.

The concept "law enforcement agencies" is offered to be considered as specially authorized on counteraction to violations of the law public authorities which with a view of protection of the rights and freedoms of the person and interests of society can apply the state coercion on the bases and as it should be, defined by the law.