Preventive measures are not widely discussed in the scientific literature. Publications are mainly devoted to checking a person's documents, stopping a vehicle, entering a person's home or other property. The relevance of the stated topic is related to a number of issues that arise during the practical application of surface inspection, the need to improve the provisions of legal regulation considering the legal regime of restrictions on human rights, and the course of transformation processes in law enforcement agencies. The purpose of the study was to investigate the principles of surface inspection as a preventive measure used by authorised entities under martial law. The research methodology consisted of comparative legal, hermeneutical, formal logical, system structural, analytical generalising methods, and graphical modelling. It was established that the current legislation of Ukraine contains significant differences in the scope of powers and procedures for conducting a surface inspection. In particular, they relate to determining the range of objects of verification (person, item, vehicle, goods), the procedure for attracting service dogs, conditions and limits for using special means. Territorial restrictions are also important, which are clearly defined by the legislation for border guards (border control areas, checkpoints, and entry and exit checkpoints), while such territorial borders are not established for police officers. Additionally, there are differences in the procedural stages of verification between police officers and military personnel of the state border service of Ukraine. Conflicts between the provisions of legislative acts and bylaws have been identified, which creates a risk of unequal law enforcement and requires comprehensive legal regulation to ensure a unified law enforcement practice. The paper analysed the international experience of establishing responsibility for authorised entities in the illegal application of preventive measures. The practical significance of the study lies in the fact that the results of the study can be used to form and improve the regulatory legal provisions of national legislation regulating the activities of law enforcement agencies in the application of preventive measures
Horbach-Kudria et al. (Thu,) studied this question.