PRINCIPLES OF THE INSTRUMENTAL DETECTION OF LIE IN ADMINISTRATIVE A RELATIONS

Abstract

The author explores the concepts and types of principles of polygraph testing in administrative law relations.

The relevance of the topic of the study is due to the fact that in the Romano- German legal system, the value of principles plays a key role in the system-forming component of the legal field, the institute. Therefore, as a rule, the regulation of general public relations requires separation of principles. In the future, this ensures the integrity of the law. Unfortunately, there is currently no special law on the use of polygraphs in Ukraine, which should establish rules for state regulation of its use. The author analyzed the legal regulation of the principles of polygraph testing in the Ministry of Defense of Ukraine, the Armed Forces of Ukraine, the National Police of Ukraine, the State Investigation Bureau, the Prosecutor’s Office of Ukraine, the Security Service of Ukraine, in the National Anti-Corruption Bureau, the State Fiscal Service of Ukraine.

The author points out that limiting the range of questions on which the survey is conducted is an important means of complying with the boundaries of the use of the polygraph.

At present, the lack of impartiality is a major drawback of polygraph studies. This shortcoming should be eliminated in future legislative activities by integrating it into the list of principles for conducting a polygraph survey, as well as developing standards that would provide for an organizational, financial mechanism for impartiality, objectivity and independence.

Under the principles of instrumental lie detection in administrative and legal relations, the author proposes to understand the universal abstract categories that embody the initial principles, procedures, methods, forms and mechanism of organization of instrumental lie detection relations as a special type of professional, scientific and expert activity.

The basic principles of conducting polygraph testing in public authorities are: voluntariness; legitimacy and protection of human rights and freedoms; balancing publicity and confidentiality; impartiality (independence); comprehensiveness; professionalism.

As a result of the research, the author proposes amendments to the current legislation in order to optimize and unify the application of the principles of polygraph checks in public authorities.