Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.41 N° 79
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Diciembre
2023
Recibido el 07/07/23 Aceptado el 12/09/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
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Vol. 41, Nº 79 (2023), 567-582
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal regulation of public control
over the activities of Ukrainian law
enforcement agencies: Experience of
Ukraine and certain countries
DOI: https://doi.org/10.46398/cuestpol.4179.38
Yurii Holodnyk *
Oleh Predmestnikov **
Viktor Vasylenko ***
Pavlo Gorinov ****
Sergey Kudin *****
Abstract
The purpose of the article was to determine the specic features
of public control over the activities of certain law enforcement
agencies and to develop suggestions for their improvement. The
methodological basis of the research is general scientic (method
of philosophical dialectics, etc.) and special legal methods of cognition
(systemic, theoretical and legal, formal and dogmatic, comparative, state
modeling method, etc.) The authors have developed their own denition
of the concept of public control over the activities of law enforcement
agencies. In the conclusions it has been oered to develop and approve the
Law of Ukraine «On public control over the activities of law enforcement
and supervisory bodies», which would systematize all forms of public
control provided for in the Ukrainian legislation. Finally, suggestions have
been developed for the introduction of positive international experiences
of public control over the activities of law enforcement agencies in various
countries.
* PhD., in Law, Associate Professor of the Department of Criminal Justice Educational and Scientic Institute
of Law State Tax University, Irpin, Ukraine. ORCID ID: https://orcid.org/0009-0000-8051-1473.
Email: iurii.holodnyk@ukr.net
** Doctor in Law, professor, Professor of the Department of Public and Private Law, Honored Lawyer
of Ukraine of V.I. Vernadsky Taurida National University, Kyiv, Ukraine. ORCID ID: http://orcid.
org/0000-0001-8196-647X. Email: predmestnikov.oleh@tnu.edu.ua
*** Doctor in Law, associate Professor, Vice-Dean of the Faculty 5 of Kharkiv National University of
Internal Aairs, Kharkiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-9313-861X. Email:
vasylenko_viktor@ukr.net
**** PhD., in Law, Acting Director of Educational and Scientic Institute of Law, Associate Professor
of the Department of Jurisprudence and Branch Legal Disciplines of the Ukrainian State Mykhailo
Dragomanov University. ORCID ID: https://orcid.org/0000-0002-8294-2784. E-mail: gorinovpavel@
gmail.com
***** Doctor in Law, Professor, Professor of the Department of Theoretical and Legal Disciplines of the
State Tax University, Irpin, Ukraine. ORCID ID: https://orcid.org/0000-0003-1396-3212. Email:
kudinsv1971@gmail.com
568
Yurii Holodnyk, Oleh Predmestnikov, Viktor Vasylenko, Pavlo Gorinov y Sergey Kudin
Legal regulation of public control over the activities of Ukrainian law enforcement agencies:
Experience of Ukraine and certain countries
Keywords: public control; public council; public agencies; law
enforcement agency; law enforcement ocials.
Regulación legal del control público sobre las
actividades de los organismos encargados de hacer
cumplir la ley de Ucrania: Experiencia de Ucrania y
ciertos países
Resumen
El propósito del artículo fue determinar las características especícas
del control público sobre las actividades de ciertos organismos encargados
de hacer cumplir la ley y desarrollar sugerencias para su mejora. La base
metodológica de la investigación es cientíca general (método de la dialéctica
losóca, etc.) y métodos jurídicos especiales de cognición (sistémico,
teórico y jurídico, formal y dogmático, comparativo, método de modelación
estatal, etc.) Los autores han elaborado su propia denición del concepto
de control público sobre las actividades de los organismos encargados
de hacer cumplir la ley. En las conclusiones se ha ofrecido desarrollar y
aprobar la Ley de Ucrania «Sobre el control público de las actividades
de los organismos encargados de hacer cumplir la ley y de supervisión»,
que sistematizaría todas las formas de control público previstas en la
legislación ucraniana. Finalmente, se han desarrollado sugerencias para la
introducción de experiencias internacionales positivas de control público
sobre las actividades de los organismos encargados de hacer cumplir la ley
en varios países.
Palabras clave: control público; consejo público; organismos públicos;
organismo encargado del cumplimiento de la ley;
funcionarios encargados de hacer cumplir la ley.
Introduction
The activities of law enforcement agencies are aimed at protecting
human and civil rights, freedoms and legitimate interests from violations
and damages. Human rights and freedoms may be limited during
certain procedural actions and while selecting precautionary measures.
The legislation provides various mechanisms to prevent abuse by law
enforcement ocers while performing their duties. Public control is one
of the ways to ensure the rights of citizens when communicating with law
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 567-582
enforcement ocers. Proper legal regulation of the forms and methods
of public control should ensure its eectiveness. The above arguments
determine the relevance of the chosen topic of scientic research.
The purpose of the article is to determine specic features of public
control over the activities of certain law enforcement agencies and to
develop suggestions for its improvement.
1. Analysis of recent research
Problems of exercising public control over the activities of executive
authorities have repeatedly become the subject matter of scientic research.
In particular, O. Pashchynsky studied the essence of public control as a factor
in the democratic development of the state and society (2021: 496-498). I.
Skvirskyi studied organizational forms of public control (2013: 223-227).
V. Teremetskyi revealed the main general theoretical aspects of monitoring
the activities of law enforcement agencies (2014: 96-120). Besides, V.
Teremetskyi studied the experience of subjects of control over the activities
of law enforcement agencies of leading foreign countries. The scholar
rightly noted that the use of European standards in the organization and
implementation of control over the activities of law enforcement agencies
will contribute to the application of the most eective organizational and
legal forms of control into the management practice of all law enforcement
agencies of Ukraine (2017: 266).
Problems of public control over the activities of certain law enforcement
agencies were studied in the works: on the activities of the National Police
of Ukraine – V. Hrytsenko (2021) and O. Yunin (2021), on the activities of
the State Fiscal Service of Ukraine – S. Homov (2016), on the activities of
the National Guards of Ukraine – T. Bairachnaia (2017). The specics of
legal regulation of public control over the security sector were studied by H.
Goncharenko (2020).
The works of these scholars are related to public control over the
activities of executive authorities or only certain law enforcement agencies.
At the same time, there is a scientic need for the unication of the system
of public control over the activities of law enforcement agencies.
2. Methodology of the study
The methodological basis of the research was general scientic and
special legal methods of cognition. It is worth mentioning the method of
philosophical dialectics among general scientic methods, which is revealed
by using the methods of analysis and synthesis, ascending from simple to
570
Yurii Holodnyk, Oleh Predmestnikov, Viktor Vasylenko, Pavlo Gorinov y Sergey Kudin
Legal regulation of public control over the activities of Ukrainian law enforcement agencies:
Experience of Ukraine and certain countries
complex, from abstract to concrete, modeling, abstraction, idealization,
and formalization.
The special and legal methods used in the research combine systemic,
theoretical and legal, formal and dogmatic, comparative and legal, cognitive
methods, as well as the method of state and legal modeling. In particular, the
system method made it possible to study the system of legislation of Ukraine,
which regulates the activities of law enforcement agencies. Theoretical and
legal method was used to clarify the main concepts of Ukrainian law in the
eld of public control. The norms of the legal institution of public control
were studied by using the formal and dogmatic method. The method of
state and legal modeling was used to formulate suggestions for amending
the legislation that regulates public control over law enforcement agencies.
3. Results and discussion
3.1. Theoretical and legal principles of public control over the
activities of law enforcement agencies of Ukraine
Ukrainian legislation denes and reveals the features of most of the
existing legal categories. However, the concept of “public control” has not
been legislatively enshrined yet. There is no special law that would regulate
the general principles of the public control institution (Yunin, 2021: 203).
Therefore, we have to rely on the doctrinal denitions of this term during
the scientic research.
Many scholars expressed their own understanding of public control. For
example, O. Pashchynsky denes public control as a form of implementation
of the constitutional rights of citizens to participate in the management
of state aairs, which is manifested through the legally guaranteed
opportunities to observe the activities of public authorities, participate in
the discussion of regulatory acts, and interact with authorities (2021: 498).
The given denition characterizes the essence of public control over any
state authority.
V. Teremetskyi denes control over the activities of law enforcement
agencies as one of the types of social control, which only has its own
purpose, tasks, object and subject matter; it is carried out by international,
state and non-state entities that have dierent scope of control powers,
in particular by the right to exercise intervention into the activities of law
enforcement agencies by the control subjects, and whose content consists
of verifying the compliance with the requirements of legislative acts and
by-laws that regulate the activities of such agencies (2014: 119–120). The
scholar indicates in this denition the characteristic properties of any
control over the activities of law enforcement agencies. Therefore, public
control can also be considered as a type of social control.
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Vol. 41 Nº 79 (2023): 567-582
V. Hrytsenko and O. Yunin formulate in their works own denition of the
concept of public control over police activities. At the same time, according
to V. Hrytsenko, the essence of public control over police activities consists
of observing these activities and gathering information about the work of
law enforcement ocers. The main tasks of such control are to increase
the eectiveness of the police and to protect human and civil rights and
freedoms (2021: 58). O. Yunin believes that the essence of such control is
not only in public monitoring and supervision over the activities of police
ocers, but also in the implementation of joint projects, programs and
activities (2021: 203).
In his denition H. Goncharenko emphasizes the entities of public
control – the institutions of civil society. At the same time, the purpose of
such a control is to ensure the rule of law and transparency of the activities
of security agencies (2020: 164).
Based on the existing doctrinal denitions of the concept of “public
control over the activities of law enforcement agencies”, we suggest that
it should be understood as a set of organizational and analytical measures
of public organizations and certain citizens in regard to monitoring
and collecting information about the work results of law enforcement
agencies in order to protect the rights, freedoms and legitimate interests of
individuals and legal entities, as well as to improve the eciency of the law
enforcement system in general.
The list of law enforcement agencies of Ukraine is contained in the
Law of Ukraine “On State Protection of the Employees of Court and Law
Enforcement Agencies”. They include: the prosecutor’s oce, the National
Police, the Security Service, the Military Law Enforcement Service of the
Armed Forces of Ukraine, the National Anti-Corruption Bureau of Ukraine,
the state border protection agencies, the Bureau of Economic Security of
Ukraine, agencies and institutions for the execution of punishments, pre-
trial detention centers, state nancial control agencies, sh protection
agencies, state forest protection agencies, other agencies that perform
enforcement or law enforcement functions (Law of Ukraine No. 3781-ХІІ,
1993: P. 1 Art. 2). The activities of the listed agencies are the object to public
control.
The authors of this research oer to consider specic features of legal
regulation of public control over the activities of those law enforcement
agencies that have the authority to carry out operative and search measures
and investigative actions. In particular, the specics of public control over
the activities of the police, the National Anti-Corruption Bureau, the State
Bureau of Investigation and the Bureau of Economic Security.
572
Yurii Holodnyk, Oleh Predmestnikov, Viktor Vasylenko, Pavlo Gorinov y Sergey Kudin
Legal regulation of public control over the activities of Ukrainian law enforcement agencies:
Experience of Ukraine and certain countries
3.2. Forms of public control over the activities of law
enforcement agencies
Forms of public supervision over the agencies whose activities are
related to restrictions on human rights and freedoms are provided by the
Law of Ukraine “On National Security” (Law of Ukraine No. 2469-VIII,
2018: Art. 10). Citizens of Ukraine in accordance with this Law participate
in the implementation of public supervision through public associations,
whose members they are, through local councils’ deputies, personally by
applying to the Commissioner for Human Rights of the Verkhovna Rada
of Ukraine or to state authorities in the manner established by law. The
legal status of public associations, the powers of local councils’ deputies,
the procedure for addressing authorities are established by separate laws
of Ukraine.
The right of a citizen to address claims, complaints and petitions to
authorities is enshrined in the Law of Ukraine “On Appeals of Citizens”
(Law of Ukraine No. 393/96-ВР, 1996: Art. 17, 20), which stipulates that
a complaint against a decision of a certain law enforcement ocer may be
submitted to the authority or a higher-level ocial. The term of its review
is one month. A deputy of such a council according to the Law of Ukraine
“On the Legal Status of Members of Local Councils” (Law of Ukraine No.
93-IV, 2002: Art. 13) may apply to law enforcement ocers located on the
territory of the respective council with a deputy request to carry out certain
actions, taking measures or providing ocial clarications on matters
falling under their competence.
The term for the consideration of such an appeal is set for ten days,
and in case of the need for additional verication, it can be extended up to
a month. A citizen who believes that his rights have been violated by law
enforcement ocers can personally le a complaint or can appeal to a local
council deputy. Questions that were raised in the citizen’s appeal to the
deputy can be addressed to the chief of the local law enforcement agency
during a meeting with the local council deputies.
The powers of the Commissioner for Human Rights of the Verkhovna
Rada are established in the relevant law. According to the Law of Ukraine
“On the Commissioner of the Verkhovna Rada of Ukraine for Human
Rights” (Law of Ukraine No. 776/97-ВР, 1997: Art. 15-17), based on a
citizen’s appeal, the Commissioner can initiate proceedings on violation
of human rights and freedoms. In case of detecting a violation of the law
within the activities of law enforcement agencies, the Commissioner has
the right to submit a request for the elimination of the detected violations.
In this case, the activity of the Commissioner has an indirect form of public
control over the activities of law enforcement agencies.
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Various organizational and legal forms of public control over the activities
of law enforcement agencies are known in legal science. In particular, I.
Skvirskyi names such forms of public control as the work of public councils
under authorities, public examination of by-laws, observation of public
representatives over the exercise of powers by ocials. The scientist
recognizes informing the public about the results of the activity of an
authority as an indirect form of public supervision (2013: 226). The forms
of public control listed by the researcher relate to the activities of both civil
and paramilitary authorities.
Legislative acts regulating the legal status of law enforcement agencies
also determine the conditions and forms of public control over the activities
of these authorities. The Law of Ukraine “On the National Police” (Law of
Ukraine No. 580-VIII, 2015: Art. 86-90) provides such forms of public
supervision over police activities as information on the activities of law
enforcement ocers on the police agency’s website, the report of the chiefs
of territorial police agencies to local self-government agencies, preparation
of joint projects, programs and events with representatives of the public.
The possibility of adopting no condence resolution to the chief of the
territorial police department by the local council has been established.
Control over police activities can be carried out in the form of involving
members of the public in the joint consideration of complaints about the
actions or omission of police ocers. We believe that the reports of the
chiefs of territorial police agencies to the local council are an eective mean
of creating a positive public opinion about the police. At the same time,
the mechanism of public participation in considering complaints about the
actions or omission of law enforcement ocers needs a thorough regulation.
Participation of citizens in the protection of public order we can mention
as one of the joint activities of the public and the police. According to the
Law of Ukraine “On Citizens’ Participation in the Protection of Public
Order and the State Border” (Law of Ukraine No. 1835-ІІІ, 2000: Art. 1),
public formations for the protection of public order and the state border
can be created on the basis of public self-employment. It is worth noting
the important preventive role of the public in preventing the commission
of oenses.
To characterize public control over the police activities, it is worth
paying attention to the Resolutions of the Cabinet of Ministers of Ukraine,
which regulate public participation in the formation and implementation
of the state policy. In particular, it refers to the Resolution of the Cabinet of
Ministers of Ukraine “On ensuring public participation in the formation and
implementation of the state policy” dated from November 3, 2010, which
approved the Procedure for conducting consultations with the public on
issues of the formation and implementation of the state policy (Resolution
No. 996, 2010).
574
Yurii Holodnyk, Oleh Predmestnikov, Viktor Vasylenko, Pavlo Gorinov y Sergey Kudin
Legal regulation of public control over the activities of Ukrainian law enforcement agencies:
Experience of Ukraine and certain countries
This by-law provides public discussion of draft by-laws, electronic
consultations with the public and studying public opinion during the
development and adoption of regulatory legal acts of the Ministry. The
validity of this Resolution is also applied to the Ministry of Internal Aairs
of Ukraine. However, certain orders of the Ministry of Internal Aairs of
Ukraine may refer to issues that contain state secrets. Therefore, discussion
of such orders by the public is not allowed.
The Model Regulations on Public Councils was also approved by the
specied Resolution of the Cabinet of Ministers of Ukraine dated from
November 3, 2010. The provisions envisage the establishment of the
relevant advisory agencies under each Ministry. Besides, the provisions
state that the main tasks of the public council are to take into account public
opinion during the formation and implementation of the state policy, to
conduct public monitoring over the activities of the executive authorities
(Resolution No. 996, 2010).
The Regulations on the Public Council under the Ministry of Internal
Aairs of Ukraine was approved by the Order No. 38 of the Ministry of
Internal Aairs of January 16, 2020. The Regulations state that the public
council prepares consultations with the public, sends mandatory proposals
for consideration regarding the activities of police agencies, conducts
public monitoring over the openness and transparency in the activities
of the Ministry of Internal Aairs of Ukraine (Order No. 38, 2020: par.
4). Therefore, the public council under the Ministry of Internal Aairs of
Ukraine was created and serves to exercise public supervision over the
police activities.
Public control over the activities of the National Anti-Corruption Bureau
is based on the Law of Ukraine “On the National Anti-Corruption Bureau
of Ukraine” (Law of Ukraine No. 1698-VII, 2014: Art. 30, 31). It is intended
to inform the public about the activities of this law enforcement agency on
the ocial website. The legal principles for the formation and powers of the
public council under the National Anti-Corruption Bureau of Ukraine have
been established. In particular, regarding the hearing of the reports of this
law enforcement agency, the election of representatives to the Disciplinary
Commission of the National Anti-Corruption Bureau of Ukraine.
The powers of this agency are regulated in details in the Regulations on
the Council of Public Control under the National Anti-Corruption Bureau
of Ukraine. The Council in accordance with the Regulations promotes
public discussion of draft by-laws of the National Anti-Corruption Bureau
of Ukraine, organizes public events for the discussion of current issues of
the activity of this law enforcement agency.
An important power is the possibility of appointing three representatives
to the competition commissions, which conduct competitions for the
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appointment of public employees of the National Anti-Corruption Bureau
of Ukraine (Resolution No. 132, 2022: par. 5, 6). Therefore, the legislation
provides suciently broad opportunities for exercising public control over
the activities of the Anti-Corruption Bureau. Not only the obligation to
inform the public about the activities of this authority has been established.
The possibility of creating a council of public control has been established.
The powers of the specied council concern not only the discussion of the
results of the work of the National Anti-Corruption Bureau of Ukraine, but
also the participation of its representatives in disciplinary and competitive
commissions of the National Anti-Corruption Bureau of Ukraine. The
possibility of public participation in the discussion of draft by-laws, which
are being developed in the Anti-Corruption Bureau, deserves a favorable
response.
The possibility of exercising public control over the activities of the State
Bureau of Investigations of Ukraine is established in the Law of Ukraine
“On the State Bureau of Investigations” (Law of Ukraine No. 794-VIII, 2015:
Art. 27, 28). The management of the law enforcement agency is obliged to
inform the public about the results of its activities by publishing relevant
information on the ocial website. The creation of a public control council
is envisaged. The powers of the council members are to discuss information
about the activities, implementation of plans and tasks of the State Bureau
of Investigations of Ukraine.
An important power is the appointment of three representatives to
the Disciplinary Commission of the State Bureau of Investigations of
Ukraine. But the tasks, functions and powers of the public control council
are established in the corresponding Regulations in more details. The
relevant council is recognized as a consultative agency in accordance with
the Regulations on the Council of Public Control at the State Bureau of
Investigations of Ukraine. The specied council submits suggestions to the
management of the State Bureau of Investigations of Ukraine regarding
consultations with the public, organizes public discussion of draft by-laws
of the State Bureau of Investigations of Ukraine.
It is worth noting the importance of the participation of representatives
of the public control council in disciplinary commissions, as well as in
the development and approval of the Rules of Professional Ethics of the
Employees of the State Bureau of Investigations of Ukraine (Law of Ukraine
No. 42/2020, 2020: par. 5). Therefore, the public control council has
suciently broad powers to supervise over the activities of the employees
of this law enforcement agency.
We would like to note that the Regulations on the Public Control Council
under the SBI include certain powers that are not enshrined in the Law
of Ukraine “On the State Bureau of Investigations” (Law of Ukraine No.
576
Yurii Holodnyk, Oleh Predmestnikov, Viktor Vasylenko, Pavlo Gorinov y Sergey Kudin
Legal regulation of public control over the activities of Ukrainian law enforcement agencies:
Experience of Ukraine and certain countries
794-VIII, 2015). In particular, with regard to the development of the
departmental legal act – the Rules of Professional Ethics of the Employees
of the State Bureau of Investigations of Ukraine. We believe that all powers
of this advisory agency should be established at the legislative level.
The implementation of public supervision measures is provided by the
Law of Ukraine “On the Bureau of Economic Security of Ukraine” (Law of
Ukraine No. 110-IX, 2021: Art. 33, 34). We talk about the provisions of the
Law, which provide the formation of a public control council, publication of
information about the Bureau’s activities on the website, the possibility for
council representatives to participate in the disciplinary and competition
commissions of this Bureau, etc. The indicated powers fully comply with
the legal status of the public control council under the State Bureau for
Investigations and the National Anti-Corruption Bureau of Ukraine. It is
important to note that all those powers are enshrined in a legislative act,
but not in the Regulations on the relevant council, which is a by-law.
3.3. International experience of public control over the
activities of law enforcement agencies and the possibility of
borrowing it by Ukraine
Solving the problems of ensuring public control over police activities
has always been in the focus of scientic research. In particular, V. M.
Vasylenko studied legal regulation of public supervision in the USA, Great
Britain and the countries of continental Europe. The researcher notes that
public access in the US is ensured to most ocial documents and police
acts, which are published in electronic form in general public access. The
Commissioner of Territorial Police Management in Great Britain is elected
by the population of a certain district for a four-year term. The chief of the
local police reports to the territorial community for re-election after the end
of the term (Vasylenko, 2019: 247).
The indicated forms of public control over the activities of law
enforcement agencies are considered suciently eective. In particular,
citizens’ access to ocial police documents, which are published on the
authority’s website, improves citizens’ awareness of their rights and
facilitates familiarization with the results of investigations. The election of
the chief of the local police by the residents of the territorial community for
a certain period ensures the interest of the leadership of law enforcement
agencies in achieving a positive public opinion about their activities. The
given examples of the forms of public control over police activities can be
borrowed and implemented in Ukraine.
O. P. Babikov claims that public control over law enforcement agencies
in EU countries is carried out through the dissemination of independent
analytical studies and information, monitoring of attitudes to the protection
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of human rights and respect for the rule of law, conducting public opinion
research on the activities of law enforcement ocers and public debates.
The scholar names such forms of public control over law enforcement
activities as inspections by parliamentary committees, the activities of the
Commissioner for Human Rights, judicial control and the activities of local
self-government agencies (Babikov, 2029: 172).
It can be agreed that conducting public opinion research on the
activities of law enforcement ocers and public debates on this issue are
important elements of public control. At the same time, the activities of
the Commissioner for Human Rights and MPs belong to the methods of
exercising democratic civil control over law enforcement agencies of the
state, and not to the forms of public supervision.
R. V. Myronyuk draws attention to the activities of international human
rights organizations, which must respond to human rights violations
within the activities of law enforcement agencies. The researcher names
such organizations as “Amnesty International”, the Geneva Center for the
Democratic Control of Armed Forces, whose activities cover both military
units and law enforcement agencies, the European Platform for Policing
and Human Rights, the European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (Myronyuk, 2020:
52–53). The activities of these international public organizations are based
on the Resolutions of the Council of Europe, whose member is Ukraine.
Therefore, proper conditions for the activities of the relevant international
public organizations to control over the police activities should be created
in our country.
O. D. Tereshchuk studying specic features of public supervision over
police activities in foreign countries draws attention to the experience
of Poland and Georgia. In particular, a positive example in Poland is the
organization of public organizations assisting the police. The researcher
emphasizes that the performance of joint law enforcement tasks by such
organizations is not only a form of interaction, but also a form of public
supervision over police activities. The scholar also considers the Georgian
experience of monitoring law and order on the streets with the help of
video cameras to be positive, since the oenses and the police work are
simultaneously photographed (Tereshchuk, 2018: 405–408).
It is worth paying attention to the fact that there are legal principles
for the creation and operation of public organizations for the protection
of public order in Ukraine, as well as in Poland. Placing video cameras
on many streets, denitely allows recording both oenses and the work
of police ocers while detaining oenders. At the same time, there is the
problem of public access to such recordings from video cameras. There are
fears about interference into private life due to the location of many video
surveillance cameras on the city streets.
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Legal regulation of public control over the activities of Ukrainian law enforcement agencies:
Experience of Ukraine and certain countries
V. O. Burbika gives examples of problems of interaction between the
police and local self-government agencies in France. The researcher claims
that local safety and crime prevention councils are being created at the
commune level in France. These councils include representatives of the
public, local self-government agencies and state authorities.
There is practice of concluding agreements on interaction between local
self-government agencies and law enforcement agencies, which provide for
joint measures on preventing crimes (Burbika, 2018: 140). The activity of
the named councils may have the character of public control over the police
activities, because members of the public must participate in their work. At
the same time, concluding agreements on cooperation between the police
and self-government agencies is more a form of cooperation in combating
crime than a mean of public control.
Thus, various forms of public control over the activities of law
enforcement agencies are used in foreign countries. It is worth paying
attention to the provision of public access to ocial police documents in the
USA, the election of the chief of the local police by residents of a territorial
community in Great Britain, the existence of local councils on security and
crime prevention issues in France, the supervision over the observance
of the rights of the participants in criminal proceedings by international
human rights organizations. The experience of implementing the listed
control and supervisory measures by the public of foreign countries should
be thoroughly studied in order to consider the issue of the possibility of its
application in Ukraine.
Conclusions
We would like to note as a conclusion of our research that the procedure
and conditions of public control over the activities of law enforcement
agencies of Ukraine are enshrined in many regulatory legal acts. On the
basis of the analysis of legislation and the study of scientic literature we
oer to understand public control over the activities of law enforcement
agencies as the complex of organizational and analytical measures of
public organizations and certain citizens in regard to the observation and
collection of information about the results of the work of law enforcement
agencies in order to protect the rights, freedoms and legitimate interests of
individuals and legal entities, as well as to improve the eciency of the law
enforcement system in general.
Analysis of the current Ukrainian legislation allows us to assert the
presence of a certain system of public control over the activities of law
enforcement agencies, regardless of their types. The indicated public
control is carried out due to the following main forms: publication of
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information about the results of the activities on the websites of such
authorities; activities of public control councils or public councils; periodic
meetings of chiefs of territorial police agencies with local councils deputies;
joint activities of police ocers with the public; public participation in the
consideration of complaints against illegal actions of police ocers; holding
public consultations during the development and adoption of departmental
by-laws; participation of public representatives in the work of disciplinary
and competitive commissions of the National Anti-corruption Bureau, the
State Bureau of Investigations, the Bureau of Economic Security; appeal
of the Commissioner for Human Rights to law enforcement agencies with
the purpose of monitoring the observance of human rights; appeals by
local councils deputies sent to law enforcement agencies in the interests
of voters; personal appeals of citizens to the court, the prosecutor’s oce
or the chiefs of law enforcement agencies aimed at appealing the actions /
omission or decisions of certain ocials.
In order to improve the legal regulation of public control over the
activities of law enforcement agencies, we oer to develop and adopt the
Law of Ukraine “On Public Control over Law Enforcement and Supervisory
Agencies”. This Law should systematize measures of public control over
the activities of all agencies that perform enforcement or law enforcement
functions, and it should concern not only law enforcement agencies of
Ukraine, but also all existing state supervisory inspections and services.
The Law should enshrine the procedure for the organization and powers
of public councils under each of the authorities, which has enforcement
and law enforcement functions; terms for holding consultations with the
public; types of joint actions of law enforcement ocers and the public
representatives; the list of information to be made public on the website of
any law enforcement agency, etc.
The authors made a conclusion about the expediency of borrowing
international experience in the organization of public control over the
activities of law enforcement agencies. In particular, public access to
ocial police documents, including certain information of the Unied
State Register of Investigations, should be introduced in accordance
with the practice of public control in the USA. It is worth implementing
the principle of selecting local chiefs of territorial police departments
by the public according to the experience of Great Britain. The creation
of district councils of public control over police activities, which include
representatives of public organizations and local self-government agencies,
should be considered as a positive experience of France.
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Legal regulation of public control over the activities of Ukrainian law enforcement agencies:
Experience of Ukraine and certain countries
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Esta revista fue editada en formato digital y publicada
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Vol.41 Nº 79
