NON-STATE FORMS OF LAW ENFORCEMENT IN UKRAINE

Part 2 of Article 3 of the Basic Law of Ukraine states that «the establishment
and protection of human rights and freedoms is the main duty of the state». In
turn, the constitutional principle of the rule of law provides for the establishment
of the rule of law, which must guarantee everyone the establishment and
protection of human rights and freedoms [1].
In Ukraine, law enforcement has always been associated with the activities
of state bodies, but these bodies today, under various circumstances, are not
able to fully ensure the security of all systems operating in society. The European
vector of Ukraine’s development, the processes of decentralization and
deconcentration of power, and the urgent need to create a safe environment
have led to the development of non-state forms of law enforcement.
The theoretical basis for the study are the scientific works of famous
Ukrainian legal scholars: V. Bonyak [2], O. Vakarova [3], M. Zavalny [4], T.
Podorozhna [5], O. Solonenko [6], S Yurka [7] and others.
The purpose of scientific research is a comprehensive study of theoretical
and legal problems of the constitutional and legal content of non-state forms
of law enforcement in Ukraine. Achieving the objective is ensured by the
implementation of the following tasks: constitutional and legal definition
and analysis of the state of legal regulation of non-state forms of law and
order; identification of unresolved issues and suggestions on ways to solve
them in this area.
When researching non-state forms of law enforcement, it is first necessary
to clarify the meaning of the terms «law and order» and «law enforcement».
T. Podorozhna in her dissertation offers the following definition: «Law and
order is a qualitative factual state of regulation of social relations, based on
the implementation of law and provided with a special constitutional and
legal mechanism» [5, p. 85]. We can fully agree with the given definition of
law and order in the context of our study.
Most scholars who study the concepts of law enforcement and law
enforcement agencies emphasize the exclusively state component of this
activity.

In the absence of legal support for the activities of non-state law enforcement
agencies, they are legalized by symbiosis with institutions whose legal status
has already been determined. The activities of private detectives are ensured
by a combination of the status of private security guard and lawyer. A clear
example of symbiosis is the activity of the municipal guard, where local councils
went through a combination of two forms of municipal security - self-governing
bodies and voluntary institutions - in order to empower local government
officials to wear special means of defense [10] and apply physical measures.
For example, employees of KP «Municipal Guard» (with a license to conduct
security activities) are also members of the public formation for the protection
of public order (Kyiv, Bar, Vinnytsia region) [11].
Scientific investigations and the author’s own experience oblige to take
into account that the constitutional and legal processing of the rule of law
with the involvement of non-state forms of its protection is an important form
of security engineering and an effective institution for human and civil rights
and freedoms in Ukraine. The existing experience of functioning of non-state
- private, municipal and public - forms of law enforcement, which is based on
the provisions of the Constitution of Ukraine, demonstrates its effectiveness.