EU countries' Experience in the Application of Police Coercive Measures
Abstract
Abstract. The article analyzes the experience of the European Union countries regarding the application of police coercive measures. The foreign experience of the United Kingdom, Germany, France, Poland, Slovenia, and Denmark in the use of police coercive measures is examined and synthesized. It is emphasized that a thorough analysis of foreign experience is a critical stage that allows for the adaptation and implementation of the most effective achievements within the national legal framework. Studying positive examples from foreign countries will not only stimulate the scientific community and subjects of legislative initiative to develop new projects in this field but will also serve as a practical guideline for resolving current issues, relying on methods already tested in other jurisdictions. Attention is focused on the fact that in the context of Ukraine's current vector of integration into the European space, there is an urgent need to implement relevant EU standards into the activities of public authority institutions, particularly concerning the application of police coercive measures. Based on the results of the analysis, it is proposed to focus on the following achievements from the experience of specific countries: the necessity of regulating the activities of the National Police of Ukraine in the field of applying administrative coercive measures in laws and bylaws, establishing a clear procedure for their use, including through the analysis of judicial practice (Slovenia); the necessity of creating a separate state executive body to assess the effectiveness of the National Police of Ukraine’s application of administrative coercive measures, as well as to review complaints regarding the actions of National Police officers during the implementation of administrative coercive measures (United Kingdom, Germany); the necessity of developing a «Procedure for the Application of Coercive Measures by Police Officers», which should provide for the introduction of the principle of gradation of administrative coercive measures (the gradual application of legally prescribed administrative coercive measures depending on the situation), as well as clear criteria and stages for the application of administrative coercive measures (France), among others.
Keywords: coercion; police coercive measures; foreign experience; physical force; firearms.
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References
Bochek, O.I. (2017). International standards for the use of force and firearms by the police to maintain law and order. Science and Law Enforcement, 2, 25-29. Retrieved from https://naukaiprawoohorona_archive.navs.edu.ua/journal/ukr/2017_2/6.pdf
Bochek, O.I. (2019). Foreign experience in the use of electroshock devices by police officers. Visegrad journal on human rights, 6/3, 1, 91-98. Retrieved from https://journal-vjhr.sk/
Bochek, O.I. (2021). Administrative-legal principles of the application of police measures of a coercive nature in Ukraine. Candidate's thesis. Kyiv. Retrieved from http://info.dgu.edu.ua/bitstream/ 123456789/887/1/%D0%91%D0%BE%D1%87%D0%B5%D0%BA_%D0%B4%D0%B8%D1%81%D0%B5%D1%80%D1%82%D0%B0%D1%86i%D1%8F.pdf
Haidu, S.O. (2023). State-legal coercion as a method of implementing the political function of Ukraine under martial law. Scientific Bulletin of the Uzhhorod National University. Series "Law", 80(1), 18-23. DOI: 10.24144/2307-3322.2023.80.1.2
Hurevichov, O.M. (2024). International standards for the use of coercive measures by police authorities. Scientific Bulletin of the Uzhhorod National University. Series "Law", 84(4), 44-48. DOI: 10.24144/2307-3322.2024.84.4.6
Kolomoiets, O.D., Oleksiienko, S.V., & Skrypka, O.M. (2024). Requirements for police measures: essential characteristics, types and legislative regulation. Legal Journal of Donbas, 3, 65-70. DOI: 10.32782/2523-4269-2024-88-65-70
Komziuk, M.A. (2022). Foreign experience in the use of police coercive measures and the possibility of their use in the activities of the National Police of Ukraine. Legal Bulletin, 4, 115-120. DOI: 10.32782/yuv.v4.2022.14
Kysko, A.I. (2024). Administrative coercive measures used by the National Police of Ukraine to ensure public safety and order in Ukraine. Law and Public Administration, 4, 456-460. DOI: 10.32782/pdu.2024.4.62
Pelekh, M.I. (2021). Administrative and legal principles of administrative coercion by the National Police of Ukraine. Candidate's thesis. Kyiv. Retrieved from https://elar.navs.edu.ua/server/api/ core/bitstreams/e0b919c8-cd0d-4096-ac6a-441e7ae7deed/content
Pozhydaiev, M. (2025). Foreign experience in the use of coercive measures by police officers during the performance of official duties. Scientific Bulletin of the Dnipro State University of Internal Affairs, 2, 18-23. DOI: 10.32782/2078-3566-2025-2-03
Pozhydaiev, M.Yu. (2024). Foreign experience in the use of physical force by police officers during the performance of official duties. Scientific Bulletin of the Dragomanov Ukrainian State University, 11, 175-180. DOI: 10.31392/UDU-nc.series15.2024.11(184).35
Riadinska, V.O. (2024). Regulatory and legal regulation of the use of contact and contact-distance electroshock devices by police officers as special means in the countries of Western Europe. Science and Law Enforcement, 2, 65-76. DOI: 10.36486/np.2024.2(64)
Romanenko, I.V. (2024). Current issues of the application of administrative coercive measures under the legal regime of martial law. Current problems of domestic jurisprudence, 3, 151-157. DOI: 10.32782/2408-9257-2024-3-23
Rosliakov, O.V., Prokhorenkov, D.V., & Tykhonchuk, O.V. (2020). Peculiarities of the use of physical force, special means and weapons by law enforcement agencies of the world. Scientific notes of the V.I. Vernadsky Tavrichesky National University. Series "State Administration", 31(70), 2, 223-229. DOI: 10.32838/2663-6468/2020.2/37
Tsykalo, V.V. (2025). Legal principles of the use of coercion in the activities of the National Police of Ukraine: analysis of foreign experience. Ukrainian police science: theory, legislation, practice, 3(15), 42-46. DOI: 10.32782/2709-9261-2025-3-15-8
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