ОХОРОННА ТА ПРАВООХОРОННА ДІЯЛЬНІСТЬ: СПІВВІДНОШЕННЯ ПОНЯТЬ ТА СФЕР КРИМІНАЛЬНО-ПРАВОВОГО ЗАХИСТУ

Abstract

The article is focused on the issues of the correlation of concepts of security and law enforcement activity. On the basis of modern research the author provides the definition of the concepts of these types of activities, their features and subjects. Thus, security activity is a type of economic activity or one of the areas of law enforcement activities that consist of the system of legal, organizational, economic, technological, physical and other measures that are carried out by the subjects having specific rights and responsibilities for ensuring protection of life and health of individuals and their property, the property of legal entities or the state from unlawful encroachments, which are determined by laws, by-laws and civil contracts. Instead, law enforcement activity is only one, although the main, of the forms of implementing the law enforcement function of the state. Its features should include: the focus on protecting the rights and freedoms of citizens, the rule of law and order, all public relations regulated by the law; realized on the basis and in accordance with the law and, preferably, in the corresponding procedural form; legal means are usually used while its implementation; carried out by specially authorized subjects on a professional basis. The author expresses his own opinion on the necessity of the appearance of non-state law enforcement activity subjects in Ukraine. Non-state law enforcement activity may have commercial (security agencies) and non-profit nature (public law enforcement formations); may be carried out on a professional (a private detective) or non-professional basis (a member of the public formation on public order protection). Non-state law enforcement activity can also be public (the activities of municipal law enforcement agencies) and private (the activities of security services of enterprises). It has been emphasized on the necessity of comprehensive criminal and legal protection of both state and non-state security activities in our country. The author has offered to introduce appropriate amendments to the legislation regulating the activity of the subjects of security activity.