Theoretical approaches to determining the functional purpose of the national police in the context of human rights

Abstract

The article provides a comprehensive theoretical and legal study of approaches to defining the functional purpose of the National Police of Ukraine in the context of ensuring human rights and freedoms, which necessitates a rethinking of the place and role of police bodies in the modern public legal system.  It is argued that the current regulatory approaches to defining the functions of the police remain fragmented and insufficiently aligned with European human rights standards, leading to blurred boundaries of state intervention, uneven application of preventive and responsive measures, and systemic conflicts in the practice of ensuring human rights and freedoms. It is argued that one of the key factors behind these problems is the lack of a comprehensive doctrine of police activity that would integrate the legal, administrative, social and ethical components of law enforcement agencies' activities. Particular attention is paid to revealing theoretical approaches to defining the functional purpose of the police, in particular the concept of a human-centred model of police service, which focuses on the rule of law, the primacy of human rights and the responsibility of the state to the individual. The article analyses regulatory gaps that affect the implementation of the state's positive obligations to protect the life, liberty and dignity of citizens, and considers the issue of police interaction with the public, the media and other public authorities. The article emphasises that the insufficient structuring of the functional powers of the police negatively affects the effectiveness of management decisions, reduces the transparency and accountability of police activities, and causes public distrust of the institution. The results of the study justify the need to develop and legislate a coordinated concept of the functional purpose of the National Police, which would define clear limits of its powers, transparent accountability mechanisms, and adequate instruments for ensuring human rights and freedoms in accordance with ECHR standards. A set of scientifically based measures is proposed, aimed at improving the regulatory and legal framework, forming a new paradigm for the police service, and ensuring the sustainable development of approaches to police activities in a democratic state governed by the rule of law.