CURRENT STATUS AND DIRECTIONS FOR IMPROVING THE REGULATORY REGULATION OF THE USE OF UNMANNED AERIAL VEHICLES IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

Abstract

This article is devoted to a comprehensive analysis of scientific doctrines regarding the definition of the term “unmanned aerial systems” and the state of compliance of Ukraine’s regulatory framework on the use of unmanned aerial systems (UAS) in police activities with European norms and standards. It has been established that the legal regime of martial law in Ukraine and the phased adaptation of national aviation legislation to European Union law have radically changed the role of UAS in the activities of the National Police: from an experimental tool, “unmanned aerial vehicles” have become an indispensable means of preventive, search-and-rescue, counterterrorism, and documentary-evidence-gathering activities of the police. The purpose of this article is to analyze the current state of legal regulation governing the use of unmanned aerial systems by the National Police and to formulate recommendations for its improvement, taking into account European integration processes and the specific features of the legal regime under martial law. The author provides a definition of the term “unmanned aerial systems of the National Police of Ukraine,” which includes complexes consisting of unmanned aerial vehicles, remote control stations, command and communication channels, and auxiliary equipment, which are under the operational control of the National Police and are used as special technical means for carrying out preventive police measures, responding to offenses, documenting evidence, and ensuring public safety and order. It is argued that the current legal framework governing the use of unmanned aerial systems by the National Police is fragmented and does not fully address the specific nature of the police’s powers across various areas. It is noted that the legal framework for the use of UAS in the work of the National Police of Ukraine constitutes a multi-level system consisting of constitutional, legislative, and subordinate norms of national law, norms of European Union law, and international aviation standards. At the same time, the international legal framework for the use of UAVs in police operations is formed across three interconnected areas: 1) European Union law; 2) the case law of the European Court of Human Rights (ECHR); 3) the national legislation of leading European countries and the United States. Based on a comparative legal analysis of national and international legislation, it is proposed to amend the Law of Ukraine “On the National Police” by adding a special chapter titled “Grounds and Procedures for the Use of Police Unmanned Aerial Vehicles (Unmanned Aerial Systems),” as well as to supplement the Air Code with provisions on state flights by law enforcement agencies and to approve a Ministry of Internal Affairs order on the procedure for the use of UAS, including mandatory procedures for data protection impact assessments (DPIA) and fundamental rights impact assessments (FRIA).