scholarly journals Some Issues on Improving the Activity of the Agencies and Units of the National Police of Ukraine

2019 ◽  
Vol 73 (2) ◽  
pp. 13-19
Author(s):  
К. Л. Бугайчук

The author has studied the main shortcomings of regulatory provision and organization of the activity of the National Police of Ukraine according to certain areas. On the basis of the analysis of the current legislation of Ukraine, by-laws and orders of the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine, the author has formulated propositions aimed at regulating the legal status of the National Police, adoption of basic provisions on its certain types; improvement of the planning procedure within the National Police system, application of modern methods of strategic analysis and goal-setting in its activity; optimization of legal and organizational provision of the activities of police commissions. In particular, the author has offered to include the National Police of Ukraine as the central executive authority in the content of the basic law “On Central Executive Agencies”, to adopt provisions on certain types of police, to improve the content of the departmental order of the National Police on the organization of planning, and to develop appropriate methodological recommendations for police officers on this issue, to harmonize the content of regulatory documents on the activities of police commissions on setting the priorities of police activity and highlighting the results of their work on the official website of the National Police. The obtained results are an integral part of the author’s scientific research into the organization and implementation of public administration within the agencies of the National Police of Ukraine and can be used to carry out other fundamental and applied scientific studies in the field of law enforcement agencies.

Author(s):  
K. Solntseva ◽  
K. Putevskaya

Problem setting. In Ukraine, police reform has introduced a fundamentally new direction for the development of policing in line with European standards and the implementation of European law, however, like any adaptation process, this step causes many problems and shortcomings, which are reflected in the practice of law enforcement, so there is a strong need to analyse the regulatory framework governing the activities of the National Police, to outline its major shortcomings and to suggest possible ways of improvement. Target of research. The purpose of the study is searching for deficiencies in the field of the current legislation regulating police activities in Ukraine, providing practical recommendations to improve the regulatory component in the functioning and administration of police bodies. Analysis of recent researches and publications. The following scientists analyse issues of organization of police activities, the nature and importance of regulatory support for the management of national police in their researches: K. Buhaichuk, S. Chyryk, V. Kryzhanovskaya, D. Overchenko and others. Article’s main body. One of the primary problems remains the low level of qualification of national police officers. Analysing the division of the police system into organizational and managerial level (consists and is implemented in the activities of leading subjects of national police) and the level of direct implementation (here is the activity of such entities as police inspectors, patrol officers), we note that the state of incompetence is clearly expressed at both of these levels. Another problem faced by national police bodies is their workload, primarily as an example of activities in the field of the permit system, where the police are vested with the authority concerning: – registration and issuance of appropriate permits, – keeping records of the permit system objects, – implementation of prevention of violations of the permit system, – interaction with public and state bodies, – conducting accounting statements, etc. In addition, the problem of interaction between police authorities remains quite relevant. The low level of interaction between national police units is explained by the existence of two categories of employees. The first category includes the so-called former police officers who passed the certification examination and took office in the national police, the second category – represents fundamentally different subjects, even those who have never connected their lives with law enforcement activities and entered the police, immediately after the adoption of the Law of Ukraine «On the National Police». Conclusions and prospects for the development. The main task of public administration of police activities is a well-established control system, since the police system is too loaded, devoid of transparency, there is a problem of incompetence of police personnel, due to the too soft requirements for acquiring a status of a police officer, urgently needed to introduce new mechanisms elimination of gaps and shortcomings in the legal support of law enforcement agencies, which should be based on foreign experience, which in practice is confirmed was the effectiveness of the existence of a police rule.


2020 ◽  
Vol 90 (3) ◽  
pp. 102-114
Author(s):  
К. Л. Бугайчук

The author has studied the current state of the regulatory base on the activities of police commissions, including the provisions of the Law of Ukraine "On the National Police", the Procedure for organizing the selection (competition) and promotion of police officers, as well as the Model procedure for holding a competition for police service and/or occupying a vacant positions. It is proved that the basis for the formation of the general structure of police commissions should be the functional and territorial principle for building a police system. It is offered to create police commissions in territorial police units at the level of both the Main Police Directorate in the region and police departments. The emphasis was placed on the need to amend the Law of Ukraine on the National Police in terms of the fact that police commissions may not include MPs of Ukraine, their assistants; Mps of Verkhovna Rada of the Autonomous Republic of Crimea, oblast, district, city councils in cities, their assistants; chairmen of oblast, district councils in cities, their assistants and advisers; city, village, settlement mayors, their deputies, assistants and advisers. Based on the analysis of the basic law regulating the activities of the National Police of Ukraine, as well as the regulatory acts of the Ministry of Internal Affairs of Ukraine, propositions were formulated aimed at improving the procedure for the activities of police commissions, in particular regarding: optimization of the system of police commissions, determining the procedure and grounds for creating several commissions in territorial police agencies; improving the procedure for nominating candidates to police commissions from the Minister of Internal Affairs, the Head of the National Police and the Commissioner for Human Rights of Verkhovna Rada of Ukraine; depoliticizing the staff of police commissions; establishing a clear algorithm for the activities of police commissions to determine the priorities of police activities; improving the procedure for conducting interviews with candidates for positions and the procedure for assessing such interviews; establishing administrative responsibility for interfering with the work of police commissions.


Author(s):  
Oleksandr Kobzar ◽  
Valeriy Darahan

The article deals with defining directions for improving the training of specialists for pre-trial investigation bodies of the National Police. Every year, more demanding demands are placed on law enforcement activities of state bodies, in particular the National Police, which in turn requires an increase in the amount of knowledge required by police officers. Increasing the intellectual level of criminals, using offenders more sophisticated methods and means of committing offenses, careful training, masking criminal acts require adequate response of law enforcement agencies, which in turn requires appropriate training of Interior Ministry employees. An analysis of the publications which initiated the solution of this problem showed that today there is a lack of thorough research on the directions of improving the training of specialists for the bodies of pre-trial investigation of the National Police, which determines the relevance of the investigated problems. At present, within the structure of higher education institutions of the Ministry of Internal Affairs of Ukraine, the specialization of training police officers is focused only on the process of training police officers of criminal police (Dnipropetrovsk State University of Internal Affairs - financial and economic security; Odessa State University of Internal Affairs - units of counteraction etc.). In turn, the process of training specialists for pre-trial investigation bodies does not have such an extensive system of training areas. As a result of the conducted research, it is concluded that there is an urgent need to improve the training of specialists for pre-trial investigation bodies of the National Police. The main directions for improving the training of specialists for the pre-trial investigation bodies of the National Police should be: 1) increasing the requirements for the quality of legal education and professional training of future employees of investigative units; 2) introduction of training of experts for pre-trial investigation bodies according to the profiles assigned by the Ministry of Internal Affairs of Ukraine; 3) introduction of an effective model of conducting binary classes with the involvement of experienced staff of pre-trial investigation bodies in the process of training specialists for such bodies.


2020 ◽  
Vol 2 (4(106)) ◽  
pp. 152-157
Author(s):  
А. С. Cмик

The relevance of the article is that the social security of employees of the National Police of Ukraine is not only a system of special, legally defined legal guarantees, but a set of mechanisms for their practical implementation. Medical care, as an important part of state support for the professional activity of police officers, is activated through various institutional levers, but, most importantly, the latter is the prerogative of the activities of specially authorized entities. The article, based on the analysis of the current legislation, presents the whole array of participants in legal relations arising in the field of medical care for employees of the National Police of Ukraine. The specifics of their functions, powers and tasks are analyzed. The subjects of medical care of policemen are classified with their division into three groups: central subjects; coordinating or intermediate subjects of medical care; target entities. The affiliation of health care facilities to the third classification group is substantiated. It was found that the subjects of medical care for police officers are a set of public authorities and their officials who are entrusted with special rights, responsibilities, tasks and functions in the field of organization, provision and implementation of medical care for police officers. It is determined that the central subjects of medical care for police officers - the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the President of Ukraine - are the main active bodies, which are the highest representatives of state power in our country. In the field of medical care for police officers, these entities: first, are responsible for the formation of legislation in the field of the National Police, as well as social guarantees for its employees; secondly, form a health policy that sets standards for health care for the population, including the police; thirdly, determine the priority ways of development of the health care and medical care sector; fourth, monitor the implementation of national policies in the field of health and medical care.


2020 ◽  
Vol 76 (1) ◽  
pp. 32-38
Author(s):  
A. V. Tanko

The article is focused on studying the phenomenon of the administrative and legal status of the National Police as a subject of Ukrainian state policy implementation in human rights and freedoms. The author outlines the essence and content of the administrative and legal status of the National Police of Ukraine through the leading categories of "law" and "freedom", which are important for the democratic processes developing in Ukrainian society. The administrative and legal status of the National Police of Ukraine is considered as a set of characteristics and powers entrusted in the state legislation, a set of the following components: target – determined by the mission of the police to promote the state policy implementation in the fight against crime and peacekeeping, enforcement of rights, public and state interests; organizational – characterizes the structure of the National Police, consisting of a central police control facility, which consists of organizationally integrated structural units that ensure the implementation of the police tasks in human rights protection; competent – related to the definition of tasks, functions, rights, and duties, as well as the degree of responsibility of the law enforcement and its units and employees, determining the focus of their activities on the protection of the individual and the guarantee of the legitimacy of counteracting the state on the part of the person to protect their rights and freedoms. In practice, the implementation of the new administrative and legal status enables law enforcement to approve the law, enhance the communication and legal culture of police officers, overcome the traditional politicization and militarization of law enforcement by updating the organizing strategies of human rights activities, strengthen the state and professional discipline, make the police activities transparent, improve the control system and responsibility of police structures and professionals for malpractice.


2021 ◽  
Vol 75 (2) ◽  
pp. 35-44
Author(s):  
Vitalii Makarchuk ◽  

The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.


2019 ◽  
Vol 72 (1) ◽  
pp. 47-52 ◽  
Author(s):  
I. O. Sviatokum

The article deals with the current legal framework for the activities of the police commissions in Ukraine. These bodies, established under the 2015 Law of Ukraine “On National Police”, are tasked primarily with ensuring transparent staffing of the police by conducting competitive selection of the candidates for the positions in the police. They include representatives from the Ministry of Internal Affairs, National Police as well as representatives of the civil society, appointed on the by the oblast councils on the local and by the Verkhovna Rada Human Rights Ombudsperson on the countrywide level. However, in the study, a number of problems of the existing regulations have been identified. The first group concerns the way the commissions are established, namely, there is no single approach to the establishment of the commissions of the interregional territorial police forces (such as the Patrol Police). While some of these forces have only one police commission, functioning in Kyiv, the others (including the Patrol Police) have separate police commissions for every oblast. While the latter provides better representation of the local interests, legal status of such commissions requires clarification. Additionally, it was proposed, that establishment of the police commissions on the level below the oblasts seems to be appropriate in order to better represent interests of the communities. The second problem stems from the fact that the contests involving police commissions are obligatory only for the first assignment in the police, while further career decisions are at the respective police director’s discretion. There are no criteria that make appointment through the procedures of the police commissions obligatory for any position in the police, which significantly lowers their relevance for the further career development of the police officers. Therefore, it was proposed to establish a list of the positions, for which the contest would be mandatory. Finally, the article deals with the issue of the policing priorities. While they are mentioned in the Law of Ukraine “On National Police”, the powers of the police commissions to issue them are not sufficiently regulated. It was suggested, therefore, to establish a mechanism, under which the police commissions would draft policing priorities and the respective local councils would adopt them.


2020 ◽  
Vol 1 (9) ◽  
pp. 145-149
Author(s):  
Andriy Franzevich ◽  

The article examines the preconditions for the establishment of the State Bureau of Investigation. Emphasis is placed on activities related to the interaction of the State Bureau of Investigation with other public authorities. The basic principles of organization and activity of the State Bureau of Investigation are considered. Vocabulary and scientific views on the formation of the concept of "interaction" are analyzed. The formation of this concept is carried out in the intersectoral direction. It is emphasized that to study the phenomenon of interaction of DBI with other government agencies, it is appropriate and necessary to apply a systematic approach, which requires that this complex phenomenon be considered in a set of interconnected and interdependent components. From the standpoint of this approach, the interaction of the DBI with other government agencies can be considered in a broad and narrow sense. It is noted that the purpose of the DBI's interaction with other public authorities is determined by the DBI's status, the purpose of its activities and the relevant tasks. The tasks of the DBI related to the prevention, detection, cessation, detection and investigation of crimes are considered. It is noted that the DBI interacts with other law enforcement agencies, namely: prosecutors, internal affairs, National Police, NABU, SBU, the central executive body that ensures the formation and implementation of state tax and customs policy, the central executive body that implements state policy in the field of prevention and counteraction to legalization (laundering) of proceeds from crime or terrorist financing (specially authorized executive body for financial monitoring), other state bodies that, in accordance with the law, carry out operational and investigative activities. Emphasis is placed on the shortcomings in the legal support of the DBI's interaction with other state bodies. Author's suggestions for eliminating shortcomings in this direction are given.


2021 ◽  
Vol 77 (4) ◽  
pp. 110-115
Author(s):  
Kyrylo Anisimov ◽  

The article analyzes the administrative and legal support of interaction between the police and local communities. It is stated that the creation of partnerships between the police and civil society is a priority area of policing in the implementation of law enforcement. The administrative and legal support for the establishment of partnerships between these institutions is described as having a dynamic character, and is aimed at improving the organizational and legal framework for cooperation between the police and the community. The priority role of the Constitution of Ukraine in the process of forming the administrative and legal status of the National Police of Ukraine has been determined, as the constitutional and legal conditionality of the content and normative-legal content of policing is related to the reproduction in the legislation on the National Police of Ukraine of values of man and citizen. The priority areas of the police are formulated in the process of interaction with the population, in particular: analysis of security problems that can be solved in interaction with the population; determination of social populations and priorities in working with these groups; development of programs (directions of work) of interaction with the population, where the interests of various social groups will be taken into account; procedures for determining the need and priority to implement these programs in specific communities; determination of the most effective methods, methods and forms of solving security issues in cooperation with the population; determination of the circle of partners among state and local institutions for the implementation of initiatives; joint development of an action plan with the involvement of partners; development of procedures for analyzing the effectiveness of implemented projects, in particular, assessing their compliance with the requests of specific communities in the field of security. In addition, the partner model provides not only the direct active participation of the population in law enforcement agencies to ensure public order, but also timely informing the police to the population on all the facts of committing criminal and administrative offenses.


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