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OVERVIEW OF CRIMINAL PRACTICE: SEARCH, DETENTION AND OTHER ILLEGAL ACTIONS BY POLICE OFFICERS

 Almost every day we hear from the media about illegal actions of police officers against citizens in criminal proceedings. But we do not fully realize the danger of this. After all, many criminal proceedings are registered every day in different regions of the country and behind these proceedings are people whose rights and interests are violated.

 For example, when a vehicle was stopped, forged documents were found on it, the car was confiscated, personal belongings were not allowed to be taken from it and a person was left without funds in the middle of the road. This is a situation that anyone can get into, but finding a way out is not easy.

 Later, in this case, the court ruled to seize the vehicle and placed it on a special site. At the same time, the citizen was not explained about his rights and responsibilities, the opportunity to use legal aid and other rights granted by his criminal procedure legislation. And is there a violation here? Of course, when conducting searches, arrests and other actions should be guided solely by criminal procedural law.

 If we review the criminal practice, in just two months of 2021, local courts considered 32,808 cases, data taken from the Unified State Register of Court Cases.

 ➤ If you perform an analysis by category, you can see the following data:

  • complaints about the actions of the investigator during the detention of 2930 cases;
  • complaints about the actions of the investigator during searches of 2333 cases;
  • complaints against the actions of the investigator during the seizure of property 2266 cases;
  • complaints about the actions of the investigator during the investigative actions 16018;
  • complaints about the actions of the investigator on other issues 7261;

 And these are only official figures, which are taken from open data, but there are also many cases when a citizen does not know that an illegal decision can be appealed, or does not know who to turn to for help. Therefore, the rights of citizens may be violated during detention, search, arrest and other illegal actions. But even to analyze data from official sources, in such a short time, only two months, violations committed by law enforcement officers in their work quite a lot.

 That is, if you look at the numbers, then when conducting investigative actions in criminal offenses during the conduct of their work, police officers very often violate the rights of citizens.

 For example, analyzing all these complaints that come to court, it should be noted that almost every action of a police officer is challenged in court by more than one party (victim or accused).

 Therefore, in order to increase trust in law enforcement in Ukrainian society, police officers and law enforcement officers must be guided by the law in their work and be prepared for a comprehensive and complete consideration of cases, regardless of personal subjective opinion about a particular person.

Author: Svyatoslav Ugrin

lawyer of the law firm Prikhodko and partners

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