New Law of Ukraine “On the National Police” dated 2 Jule 2015 enshrines some innovations. Let’s review the most important “novelties”.
According to the Law of Ukraine “On the National Police” the National Police of Ukraine is the central executive body which serves to the society providing protection of human rights and freedoms, resistance of the criminality, maintaining public safety and order, and a police officer is the citizen of Ukraine, who has taken the Oath of the police officer, serves at the relevant positions of the Police and has the special rank.
1. Clause 4 of the article 34 of the Law of the Ukraine “On the National Police” provides new police measure – “the outward examination”. This examination relates to the thing or the vehicle.
Clauses 5 and 6 of this article define the examination as a visual inspection of the thing or the vehicle or a visual inspection of the vehicle interior or the vehicle trunk.
During the outward examination the police officer has the right to require to open the trunk lid and\or the doors of the vehicle interior. The police officer does not need to take any court leave or leaves of other official bodies to perform this request, and the person is obligated to perform it.
During such examination person has to show the contents of the things or the vehicle to the police officer.
In accordance with the clause 4 of the article 34 of the Law of Ukraine “On the National Police” the police officer has the right to conduct the examination in the following circumstances:
- there are valid causes to consider that an offender or a person whose freedom are illigaly limited is in the vehicle;
- there are valid causes to consider that there is in the vehicle a thing with limited or prohibited turnover or a thing which threatens life and health of this person or other people;
- there are valid causes to consider that the thing or the vehicle is the instrument of the crime and\or is in such place where the crime can be commited. And this examination is the measure to provide the crime.
However, it should be noted that the possibility to perform such measure by the police officer is not in compliance with the human rights and freedoms provided by the Europian Convention for the Protection of Human Rights and the Constitution of Ukraine.
According to the Constitution of Ukraine the inviolability of home and another possession of people, including the vehicle, is guaranteed.
It is not permitted to enter the home or another possession of the person, to execute the visit and search without reasoned court decision.
In the emergency cases related to the saving of people’s life and the property or to the immediate pursuit of the suspected in crime person there is can be provided by law another order of the entering the home or another possession of the person, execution the visit and search in it.
So, we can make a conclusion that provisions about examination causes of the article 34 of the Law of Ukraine “On the National Police” are not in compliance with the provisions of the article 30 of the Constitution of Ukraine.
In the Conclusion of the Main Office for Research and Evaluation of the Verkhovna Rada of Ukraine to the draft law “On the National Police” was pointed about this non-compliance.
So, the Law of Ukraine “On the National Police” is not stipulate neither relevant court leave, nor ability to appeal, nor mechanism restoration the right of the inviolability of person’s possession for the execution the police measure – “the outward examination of the vehicle”.
2. Another introduction were provisions of article 27 of the Law “On the National Police” that provide using the information resources by the Police.
By this provision the Police has got the direct access to the information and information resources of the other public authorities with compliance the Law of Ukraine “On Personal Data Protection”, so that the access almost to all the registers in the country.
Nevertheless there can be a problem: whether such intrusion into privacy for receiving the data will always be professional.
3. Article 26 of the Law “On the National Police” provides the right of the police officers during the administrative arrest to capture fingerprints and other persons’ biometrical data. Furthermore, the period for retaining personal data nowhere provided.
4. Article 32 of the Law “On the National Police” empowers the Police to stop any passer and request documents. According to this article it is possible to do in the event that “there is sufficient reason that a person intends to commit an offense.” That is, any policeman can tell the citizen: “I have reason to believe that you’re going to commit violations” continue to demand to produce documents.
That is, following this position for any duty imposed unconstitutional always carry documents proving identity. And in the absence of such a document, the police have an opportunity to arrest and dopravyty to the police department for their identification.
With positive aspects should be highlighted open competitions for positions in the police. Any person over 18 who has at least complete secondary education and good health, opens the way to the police office, and involved the public in the selection police.
Summing specified, it should be noted that non-compliance of certain provisions of the Law of Ukraine “On the National police” as the Constitution of Ukraine and Code of Ukraine threatens violation of fundamental human rights and freedoms, can have the effect of discrediting reform the police in general, which is extremely negative for building a democratic society in Ukraine.