LEGAL GROUNDS FOR SURFACE INSPECTION OF PERSONS, THINGS, GOODS (CARGO) AND VEHICLES BY PERSONNEL OF THE STATE BORDER GUARD SERVICE OF UKRAINE

Abstract

The purpose of the research work is to study and reveal the content of the legal grounds for conducting a surface inspection of persons, things, goods (cargo) and vehicles by the personnel of the State Border Guard Service of Ukraine. This problem is understudied. With the help of general and special methods of scientific knowledge, the authors researched the laws of Ukraine, current subordinate legal acts and scientific sources that regulate the grounds for conducting a superficial inspection of persons, things and vehicles. The work clarifies the content and features of the legal provision of the basis for conducting a superficial inspection of persons, things and vehicles It has been established that the right of border guards to carry out a surface check of persons, things, goods (cargo) and means of transport arises in the event of: violation (attempted violation) of a special border regime, the regime at checkpoints across the state border of Ukraine or the creation of a threat to the national security of Ukraine; stay of a person without an appropriate permit within the border strip; there are reasons to believe that the vehicle contains an offender, a person who is illegally authorized, things that are prohibited or restricted in circulation, or that pose a threat to people's health or life; if an object or a vehicle is found in a place where a crime could have been committed or could be a tool for committing a crime. The authors come to the conclusion that cases of surface checks of persons, things, goods (cargo) and vehicles by personnel of the State Border Guard Service of Ukraine are defined in the laws of Ukraine, designed to prevent, stop offenses, crimes and ensure the prosecution of the guilty. These legal norms are blanket. In order to clarify the content of the legal grounds for conducting a surface inspection of persons, things, goods (cargo) and vehicles, it is worth referring to a number of laws and in accordance with the normative legal acts of Ukraine and taking into account the specifics of the law enforcement and service-combat activities of the State Border Guard Service of Ukraine.