Abstract
<jats:p>The article is devoted to a comprehensive analysis of the legal regulation and practice of applying preventive and coercive police measures in Ukraine through the prism of the standards developed by the European Court of Human Rights (ECHR). The purpose of the study is to identify problematic aspects of harmonizing national legislation and law enforcement practice with the requirements of the European Convention on Human Rights (the Convention) and to formulate proposals for their resolution. The research methodology is based on the application of dialectical, comparative-legal, systemic-structural, and formal-logical methods, as well as the method of analyzing court decisions. This allowed for a systematic study of the norms of Ukrainian legislation, particularly the Law of Ukraine "On the National Police," and their comparison with the key provisions of Articles 2, 3, 5, 8, and 13 of the Convention and the case law of the ECHR. Results. The study found that despite the general compliance of the legislation with European principles, there are significant "points of tension." The main problem in the area of preventive measures is the use of the evaluative concept of "sufficient grounds," which does not meet the ECHR's criterion of "reasonable suspicion" and creates risks of arbitrary interference with the right to private life (Article 8 of the Convention). The specifics of such measures as surface checks, entry into a dwelling, and police care have been analyzed in detail, and their potential non-compliance with high standards of rights protection has been identified. In the area of coercive measures, a potential non-compliance of the national practice of using physical force, special means, and firearms with the standards of "absolute necessity" and proportionality has been revealed, which constitutes a violation of the right to life (Article 2 of the Convention) and the prohibition of torture and inhuman treatment (Article 3 of the Convention). Special attention is paid to the analysis of the effectiveness of national legal remedies against unlawful police actions in the light of Article 13 of the Convention. Conclusions. It is concluded that there is a need to amend the legislation to specify the grounds for applying police measures, to develop detailed instructions for police officers, and to improve their professional training programs with an emphasis on studying and applying the ECHR's case law. The importance of strengthening the institutional capacity of the State Bureau of Investigation and ensuring the real independence of judicial control over police activities is emphasized. Keywords: National Police, human rights, police measures, preventive measures, coercive measures, European Court of Human Rights, ECtHR, rule of law.</jats:p>