JUDICIAL CONTROL OVER THE DECISIONS OF THE NATIONAL POLICE: ANALYSIS OF THE PRACTICE OF ANNULLING DECISIONS AS AN INDICATOR OF THE QUALITY OF ADMINISTRATIVE PROCEEDINGS

Abstract

The article examines judicial control over the decisions of the National Police in cases of administrative offenses and analyzes the practice of their cancellation by courts as a possible indicator of the quality of administrative proceedings. The aim is to find out to what extent the share of canceled decisions reflects the level of legality, justification of decisions, adequacy of the evidentiary base and compliance with procedural guarantees. The methodological basis is formal-legal, comparative-legal, statistical and logical-structural methods. Based on the practice of administrative courts and open statistical data on the share of canceled patrol police decisions in certain regions of Ukraine, typical grounds for their cancellation are outlined: incomplete clarification of the circumstances of the case, insufficiency or inadmissibility of evidence, violation of procedural requirements, incorrect qualification of the offense. It is argued that, taking into account the activity of appeals, the specifics of offenses and the regional context, the indicator of the share of canceled decisions can be considered as a quantitative indicator of the quality of administrative proceedings and one of the criteria for assessing the activities of police units. Taking into account the provisions of the Code of Administrative Procedure, the Code of Administrative Offenses of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the ECHR, the standards of proper administrative proceedings and effective judicial control are outlined. Proposals are formulated to improve the administrative and jurisdictional activities of the National Police: strengthening the training of employees, internal monitoring of the reasons for the cancellation of decisions, the introduction of quality assessment criteria, updating the procedural provisions of the Code of Administrative Offenses and the use of European experience in internal review of decisions. It is concluded that constructive perception of the results of judicial control and systematic work on errors can reduce the share of groundless charges to administrative liability and increase trust in the National Police.