The powers of the militia, their legal regulation and study

Abstract

The article deals with the issue of the quality of implementation of the powers of the Ministry of Foreign Affairs of Ukraine. It is noted that the Ukrainian militia are approaching to the European standards that should be primarily used in carrying out their law enforcement. This executive body operates within powers clearly defined by law, and therefore first of all the quality of their operations will depend on the completeness and perfection of legal regulation of relations and the completeness of the study of legislation that regulates the administrative activities of the bodies of internal affairs and the militia officers, and it requires the introduction to the universities of the Ministry of Foreign Affairs a subject named "Police legislation", as well as the introduction of the quality management system.

The particular attention should be paid to the changes that were made to the Law of Ukraine «On Militia» by the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine (to strengthen the legal protection of citizens and the introduction of mechanisms to implement the constitutional rights of citizens in business, personal security, security, respect for dignity, legal assistance, protection)», which provides strengthening of guarantees of rights of citizens who are in legal relations with the militia. For the first time by the norms of law the rights of detainees and arrested people are established starting just after the militia use of coercive measures to defend themselves personally or to have the assistance of a lawyer, and the militia officer’s responsibility to ensure the implementation of this law, to enable the notification of thee data of detainees or arrested people to their relatives, to the administration at their work and, what is more important, to the defender. The duties of the militia also include informing of detainees or arrested people the grounds and motives of their arrest or detention (custody) and explanation of their right to challenge in court the actions of the militia, etc. The clarity of the militia work also depends on the introduction of a quality management system which is based primarily on the strict regulation of social relations that arise between the militia and other entities.