Legal Regulation of the Use of Physical Force by Police Officers Under Martial Law

• Published in: Проблеми сучасних трансформацій. Серія: право, публічне управління та адміністрування no. 13
• Main Author: Anisimov, Dmytro
• Format: Journal Article
• Language: English
• Published: 30.09.2024
• ISSN: 2786-5746; 2786-5746
• DOI: 10.54929/2786-5746-2024-13-01-12

The legal regulation of the use of physical force by police officers is a critical issue in the system of public safety, particularly under martial law. In modern times, as countries face growing national security threats, the problem of ensuring that police use force both legally and appropriately becomes increasingly important. Martial law, which involves extraordinary measures by the state to protect its sovereignty and citizens, often grants law enforcement agencies expanded powers. These powers are intended to facilitate a quicker response to threats that may endanger both public order and national security. However, such expanded powers raise legal and ethical concerns regarding the boundaries of acceptable force. In the context of martial law, there is an urgent need to formalize the legal frameworks that govern the use of physical force by police officers. This includes not only national legislation but also international agreements that set standards for law enforcement conduct during crises. The complexity of maintaining public safety during military operations requires specific guidelines to ensure that law enforcement agencies act within the bounds of the law, while still effectively protecting citizens. This article focuses on analyzing how martial law affects the legal regulation of the use of force by police officers, using Ukraine as a case study. It highlights the key legislative challenges that have emerged in Ukraine since the introduction of martial law, such as ambiguities in the scope of police authority and gaps in existing regulations. Additionally, it offers recommendations for addressing these issues, emphasizing the need for clear and precise legal standards that balance public safety and the protection of human rights, even in times of crisis.