EVOLUTION OF LEGAL REGULATION OF THE USE OF FIREARMS BY POLICE OFFICERS IN UKRAINE: HISTORICAL AND LEGAL ANALYSIS

Abstract

The article provides a comprehensive historical and legal analysis of the formation and development of the mechanism for the use of firearms by police officers in Ukraine. The key stages of the evolution of legal regulation of this issue are studied. The main trends in changes in approaches to the legal regulation of the use of firearms in the context of reforming the law enforcement system of Ukraine are identified.Particular attention is paid to the impact of international standards, in particular the recommendations of the United Nations, the European Union and the Council of Europe, on the improvement of national legislation on the use of firearms by police officers. The main provisions of international legal acts are analyzed.The author also examines the impact of socio-legal factors on the formation of approaches to regulating the use of force in police activities, taking into account the need to strike a balance between ensuring public safety and protecting human rights and freedoms. The author identifies gaps in the current legislation of Ukraine that may pose risks to law enforcement, in particular, the lack of clear mechanisms for assessing the need for and proportionality of the use of firearms in specific situations.The author analyzes the practice of applying the provisions of legislation regulating the use of firearms in the context of the activities of national courts and law enforcement agencies. The author highlights the key aspects of judicial practice which demonstrate the need to improve legal regulation to ensure legal certainty and prevent abuse.As a result, the author substantiates the need to further improve the legal mechanisms for regulating the use of firearms by the police on the basis of international standards, the rule of law and taking into account the latest approaches to law enforcement in a democratic society. The author proposes specific areas of harmonization of national legislation which will contribute to improving the effectiveness of law enforcement and protection of citizens’ rights, in particular, through the introduction of clear procedures for assessing the legality of the use of force, improving the system of training of police officers, and strengthening parliamentary and public control over the activities of law enforcement agencies in this area.