Legal regulation of the use of coercive measures by personnel of the state border service of Ukraine during the detention of persons who have committed a criminal offense

In the conditions of a full-scale invasion of the territory of Ukraine by military formations of the aggressor country and the active use by representatives of the security and defense sector of the state of coercive measures, namely detention by authorized persons. There is an urgent need to interpret the main provisions of Article 208 of the Criminal Procedure Code of Ukraine, Article 21 of the Law of Ukraine "On the State Border Service of Ukraine”. It is worth noting that a military serviceman or an employee of the State Border Service is an authorized person to detain a person suspected of committing a crime, and not all forms of coercive measures by the personnel of the State Border Service of Ukraine provided for in the legislation have been interpreted by legal experts at this time. In addition, individual measures of coercion have the specifics of their application to different categories of persons. Under such conditions, the issues of interpretation and commenting become relevant. The article provides a theoretical overview of the Ukrainian legislative framework and provides an interpretation of Article 208 of the Criminal Procedure Code of Ukraine and Article 21 of the Law of Ukraine "On the State Border Service of Ukraine”, which stipulates the conditions and limits of the use and application of coercive measures by the personnel of the State Border Service of Ukraine. As well as justification of the expediency of the use of coercive measures by the personnel of the border agency within the limits of the current legislation. The peculiarities of the application of coercive measures in the performance of official duties by border guards, in the direct protection of the state border, personal safety, safety of other persons and fighting crime are clarified and described. The duty of the state is to guarantee the safety of military service (creating safe conditions for military service), as well as to protect legal rights in the event of a threat of violation and their actual violation. The responsibility of personnel of the State Border Service of Ukraine for violation of the established limits of the use of coercive measures is also outlined.