Publication date: 07.03.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
Normative base:
1.1 The Constitution of Ukraine is the main legal act that guarantees the rights and freedoms of citizens, including the right to personal integrity and protection against unlawful detention.
1.2 The Criminal Code of Ukraine establishes rules for the detention of persons suspected of committing crimes, defines restrictions on the use of physical force by the police.
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1.3 The Criminal Procedure Code of Ukraine regulates the procedures of detention, investigation and trial of criminal cases, ensuring the rights of suspects and defendants.
1.4 The Law "On the Police" establishes the legal status and powers of the police, including detention procedures, the use of coercive measures, and liability for wrongdoing.
1.5 The Law "On the Protection of Human Rights During Operational Search Activities" guarantees the rights of citizens in cases of operational search activities, including detention and search procedures.
These legislative acts are coordinated among themselves and provide a system of protection of citizens' rights during the implementation of law enforcement activities.
What actions are illegal:
2.1 Improper use of physical force or violence during detention without proper grounds and justifications.
2.2 Violation of detention procedures, including the use of unreasonable searches, detention without proper documentation, or without valid grounds.
2.3 Violation of the suspect's rights to legal assistance and information on rights and obligations during detention.
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2.4 Unlawful interference with personal integrity, privacy or privacy of the suspect during detention.
2.5 Interference in the process of arresting persons unrelated to the commission of a crime on the basis of racial, ethnic, religious or political affiliation.
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2.6 Detention for the purpose of pressure, threats or bribery in order to build illegal evidence or obtain a guilty plea.
These actions constitute a violation of human rights and can have serious legal consequences for the police officers who carried them out.
Where to apply: 3.1 To the relevant law enforcement agencies: Citizens have the right to apply to the internal units of the police, the security service, as well as to the bodies of the Department of Internal Affairs, which are responsible for providing legal assistance and protecting the rights of citizens.
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3.2 To the prosecutor's office: Citizens have the right to appeal to the prosecutor's office with a complaint about illegal actions of the police and criminal actions of officials. The Prosecutor's Office is responsible for monitoring compliance with the law in the activities of law enforcement agencies.
3.3 To internal control bodies: In Ukraine, there are specialized internal control bodies that carry out independent supervision of the activities of the police and other law enforcement bodies. Citizens can appeal to these bodies with complaints about illegal police actions and human rights violations.
3.4 To public organizations and human rights organizations: In case of illegal actions by the police, citizens can turn to public and human rights organizations that protect human rights and provide legal support.
3.5 services of a lawyer in court:
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Citizens have the right to contact a lawyer for legal assistance and protection of their rights in case of illegal actions by the police.
These places provide an opportunity for citizens to apply for the protection of their rights and to obtain legal assistance in case of illegal actions by the police.
