Police Officers’ Presumption of Innocence: History, Contemporaneousness and Possibility to Implement into Ukrainian Legislation

نویسندگان

چکیده


 The article is focused on the analysis of legal category police officers’ presumption innocence. Accordingly, purpose research to provide comprehensive characteristics innocence, taking into account international practice its formation and development. To achieve this purpose, author has formulated following tasks: 1) study historical aspect origin including within qualification immunity officers; 2) applying in United States America; 3) objective reveal content essence innocence; 4) outlining possibilities introducing innocence legislation Ukraine.
 expediency (police innocence) based a number arguments, particular: officers need perform their professional duties: they important tasks that may require immediate decisions stressful situations, but lack lead do not dare act when it most needed; can unjustified trials, judges jurors review decisions, significant budget expenditures; have absolute be prosecuted for violating clearly established constitutional rights, despite perspective availability immunity; should forced apply “abstract law”, i.e. those provisions are explicitly provided current legislation, follow from provisions, specific circumstances, we cannot expect scholars law sphere use arguments during arrest; able professionally without worrying about prosecution.

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ژورنال

عنوان ژورنال: ?????? ???????????? ????????????? ???????????? ?????????? ?????

سال: 2021

ISSN: ['1999-5717', '2617-278X']

DOI: https://doi.org/10.32631/v.2021.3.14