Problems of Legal Regulation of Unmanned Aerial Vehicles Applied in National Police of Ukraine Activity

Abstract

Article provides analysis of legal acts regulating unmanned aerial vehicles application in National Police of Ukraine activity. It is noted that according to the character of drone’s applying in the NPU activity it is possible to divide conditionally legal acts into two groups, namely: 1) ones defining general principles and grounds for technical means application and establishing specific restrictions; 2) regulating application of drones as aerial vehicles. Concerning the first group, questions dealing with statutory and legal regulation of using in operative and search activity during the pre-trial investigation of operative and technical means and special equipment are practically regulated for today. Besides, the question of statutory and legal regulation of unmanned aerial vehicles application in law enforcement activity as aerial vehicles in general isn’t regulated legally: there are a number of gaps in registration, certification of such drones, and also the order of permission for launching. The order of individual access to application of drones also requires legal regulation. It is noticed that the absence of UAVs certification order in the National Police of Ukraine can lead to negative results. Besides, legality of operative and technical means including special equipment (installed directly on the drone) used during operative and search measures or covert surveillance may become subject of appeal in criminal proceeding. The absence of unmanned aerial vehicles’ certification may lead to official inclusion of drones which don’t comply with safety requirements into NPU inventory and can threaten people’s lives or cause other serious consequences with criminal responsibility during its exploitation.