LEGAL PRINCIPLES OF ENSURING PUBLIC ORDER BY THE NATIONAL GUARD OF UKRAINE DURING MASS EVENTS

Abstract

The article provides a comprehensive scientific study of the legal framework of the National Guard of Ukraine's activities in the area of ensuring public order during mass events. The author determines the intersectoral nature of the legal framework regulating this activity and identifies its main elements, in particular, the Constitution of Ukraine, international legal acts in the field of human rights, laws of Ukraine, by-laws and departmental documents. It is established that legal support for the activities of the National Guard of Ukraine during mass events is implemented in such legal forms as administrative, operational and procedural law. The author separately characterizes the main legal means used in the course of public order protection at mass events, including preventive measures, coercive measures and special means. The author analyzes the main problems of current legislation which impede the effective fulfillment by the National Guard of Ukraine of its tasks in the field of public security, namely: the absence of a special law on freedom of peaceful assembly; insufficient regulation of the procedure for interaction with the National Police; uncertainty of the rules for the use of force and special means during mass events; lack of a proper system of video recording of military personnel's actions and independent control over the legality of their use; shortcomings of the legal system. The author identifies areas for improving the legal regulation of interaction; development of special rules for the use of force and special means during mass events; introduction of mandatory video recording of actions of the NGU servicemen; and improvement of legal training programs. The author argues that it is necessary to take into account international standards (in particular, the UN Basic Principles on the Use of Force and Firearms), as well as best practices of foreign countries when developing new legal acts. The author proposes specific mechanisms for practical implementation of these changes, in particular, by regulating the procedures for interaction between authorities and the stages of application of measures of influence depending on the nature of a mass event.