Administrative Activity as Part of Activity of Law Enforcement Agencies of Ukraine

Abstract

Конституційне право. Адміністративне право і процес. Фінансове право. Інформаційне право. Міжнародне право ISSN 2524-0129. Актуальні проблеми правознавства. Випуск 1 (9). 2017 р. 57 УДК 342.9 Сергій Гречанюк, доктор юридичних наук, доцент завідувач кафедри Тернопільського національного економічного університету ADMINISTRATIVE ACTIVITY AS PART OF ACTIVITY OF LAW ENFORCEMENT AGENCIES OF UKRAINEReferring to the analysis of various problems of activity of different law enforcement agencies it is necessary to start from already traditional for modern legal science issues of existence and functional affiliation of the system of law enforcement agencies. The complexity of this issue is not so much in the affiliation of a particular body to the system of law enforcement agencies, but in the dynamics of the processes of law enforcement system in general. Recently in Ukraine different structures were created. Some of them received part of functions of previously existing bodies, others -are completely new and perhaps are more relevant and more general. However, practical ability of the first and the second, on the one hand, the dynamics of law enforcement processes, new challenges of statehood, on the other hand, create the need for improvement of many aspects of functioning of law enforcement agencies.K. I. Beliakov consideres administrative activity of law enforcement agencies as activity aimed at performance of functions of organization of work in the structures as such (solution of departmental tasks) and law enforcement functions of the state directly related to the objectives of prevention and combating offenses and has general social character [1].The problem of proper understanding of law enforcement agency as a holistic theoretical notion, in our opinion, is not so acute, because general theory of law enforcement activity has developed sufficient number of them. Among these approaches we should mention the understanding of such scientists as V. I. Hoyman and V. V. Lazarev, who considered law enforcement agencies as part of the state mechanism, which in accordance with the distribution of power in the country is specially created for the protection of constitutional rights and freedoms of citizens, their association from unlawful trespass and arbitrariness, social support of democratic law and order, which use for this purpose specific legal methods, including force and associated with it control, -supervision and preventive regulation [2, p. 5; 3, p. 55-72]; V. Y. Piotrowski, who believed that law enforcement agencies are state bodies, carrying out specialized law enforcement activity, which ensures protection of rights, freedoms and legal interests of citizens, society and state institutions [4]; M. M. Burbyky, who using the works of O. S. Zakharov, V. S. Kowalski noted that the term «law enforcement» is relatively new. It appeared in the former Soviet Union in the early 1960s for replacement of the term «punitive bodies». Today law enforcement agencies, according to him, are jurisdictional bodies authorized by t...