LEGAL PRINCIPLES OF THE NATIONAL POLICE AS A SUBJECT OF THE SECURITY AND DEFENSE SECTOR: FOREIGN EXPERIENCE

Abstract

The scientific article is devoted to the peculiarities of determining the legal status of the police as a subject of the security and defense sector in terms of the functioning of this law enforcement agency in a particular country today. Attention is paid to the components of the security and defense sector, where the subjects and objects of such activities are identified. This approach has made it possible to differentiate between the components of the security and defense sector and the functional purpose, where a special place is given to the police as a law enforcement agency. Legal personality in the security and defense sector of the security and defense forces is detailed. The analysis and research of legal bases of existence of police of a number of the European countries of the present time where its functions and tasks taking into account sphere of activity are allocated is carried out. The functional orientation and tasks of the police of the respective states were grouped, which made it possible to identify groups of activities related to the protection of public and private interests in the context of preventive activities and detection and cessation of various offenses, provision of relevant social and administrative services. another sphere of public life. It is concluded that most of the functions and related tasks, which reflect the affiliation of the police in a modern country in the structure of the security and defense sector to the security forces, where it is about protecting certain national interests, while in some countries, police units are also endowed with the function of belonging to the defense forces. The latter can be explained by certain features of the historical and political formation of statehood within the country, the specifics of the geopolitical location of its territory, culture, neighborhood with other countries of the relevant socio-political type and other factors. It is established that the international legislation, which creates the legal basis for policing, reflects the trends of progressive evolution from liberal to social rule of law, as a consequence of the formation of police legislation on the way to serving civil society. It is proposed to implement the best experience of modern countries in consolidating the legal status of the police in the security forces of the security and defense sector by grouping the functions and tasks of the National Police of Ukraine according to the above criteria.