Judicial Control over the Activities of Law-Enforcement Agencies in Ukraine
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The purpose of this paper is to characterize judicial control over the activities of law-enforcement agencies in Ukraine. The author attempts to define its concept and features; he determines its subtypes, the subject, forms of implementation, special features, and peculiarities as one of the forms of state control. Judicial control is carried out during the implementation of the judicial power. The subject of judicial control over the law-enforcement agencies is their professional activity, namely the legality and validity of their use of coercive measures, the imposition of administrative penalties, making administrative or procedural decisions, conducting some law-enforcement actions (arrest, search, seizure, wire-tapping, etc.). The author notes that the most common form of judicial control over the activities of law-enforcement agencies is verification of legality and validity of their actions (inactivity) and decisions. The paper provides a definition of direct and indirect judicial control over the activities of law-enforcement agencies. The author emphasizes that direct control involves direct intervention in the operational activities of the controlled entity, and indirect is implemented during the rulings. As the subjects of control over the activities of law-enforcement agencies the courts, for example, verify the legality and validity of the decisions of law-enforcement agencies and their respective officers, some law-enforcement activities carried out by them, authorize permissions to arrest, search, seizure, interrogation, carrying out some investigative activities, examine complaints of citizens, consider different investigator’s versions, decide on the case, which may change or cancel previous decisions of a law-enforcement body, initiate control actions by other entities; implement legal sanctions. The author suggests defining judicial control as the implementation by the courts (judges) controlling actions of preventive, coercive and law-restoring nature in order to ensure the legality and validity of the decisions and actions of law-enforcement agencies and their personnel.
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