GROUNDS FOR STOPPING VEHICLES BY THE POLICE: SOME PROBLEMS OF LEGISLATIVE REGULATION IN UKRAINE AND EUROPEAN EXPERIENCE

Abstract

The article is devoted to the analysis of the peculiarities of the legislative regulation of the grounds for stopping vehicles in Ukraine and European countries. The author addresses the characteristics of the place of stopping of vehicles in the system of administrative coercion measures used by the police and the problems of their legislative regulation in Ukraine. Some shortcomings of the legislative regulation of the reasons for stopping vehicles by the police are highlighted (inconsistency among themselves, imperfection of the regulatory content, lack of systematization, etc.). Particular attention is paid to the analysis of the experience of legislative regulation of the grounds for stopping vehicles in European countries. The conducted analysis showed that in European countries there are different approaches to standardizing the reasons for stopping vehicles, which can be determined by specific acts in the field of road safety or laws regulating the legal status of the police, distinguished by different quantitative and qualitative parameters, as well as the level of detail reasons. A comparative legal analysis of the legislation of Ukraine and European countries shows that domestic legislation offers a fairly detailed list of reasons for stopping vehicles, which is an approach that has a number of advantages. It was concluded that the further development of the legislation of Ukraine in this part requires a clear demarcation of the normatively defined grounds for stopping vehicles, elimination of their duplication, clarification of the wording of individual grounds, as well as systematization of their list and comprehensive regulation in Art. 35 of the Law of Ukraine «On the National Police».