THE NATIONAL POLICE OF UKRAINE AS AN AUTHORISED ENTITY OF CONDUCTING ADMINISTRATIVE INVESTIGATION

Анотація

The purpose of the article is to define the fundamental principles of conducting an administrative investigation by the National Police of Ukraine as an authorised entity.Results.The conduct of an administrative investigation in proceedings on administrative offenses is the competence of authorised entities, in particular, the National Police of Ukraine.Officials of the National Police are civil servants, and therefore act on behalf of the State, within their powers and in the manner prescribed by law, and express the position of state institutions, i.e., act publicly.In this way, the principle of publicity inherent in the conduct of an administrative investigation in proceedings on administrative offenses is implemented in this process.The author proposes to consider "the conduct of an administrative investigation" as the implementation by the bodies vested with administrative and jurisdictional powers of a set of procedural actions to identify and verify the circumstances and facts relevant to the preliminary qualification of an offense committed, and the grounds for commencing proceedings at the stage of administrative investigation.Therefore, the conduct of an administrative investigation by the National Police is an independent cycle of exercising competence by the authorised police bodies, which has its own specific purpose, tasks and features.Conclusions.The author concludes that the system of principles for the conduct of an administrative investigation consists of general and special principles.The implementation of these principles is essential for the effective operation of authorised entities, in particular, the National Police, in conducting administrative investigations in cases of administrative offenses.Thus, as of today, the fundamental principles of the conduct of an administrative investigation by the National Police as an authorised entity cannot be assessed unambiguously as positive or negative.This is due to the fact that, on the one hand, this issue is regulated sufficiently at the legislative level.On the other hand, this regulatory framework has a number of gaps and shortcomings which prevent the police from a full, efficient and effective exercise of their administrative and legal status in the relevant area.

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