scholarly journals On Determining the Concept of “Disciplinary Liability of Police Officers”

2021 ◽  
Vol 81 (2) ◽  
pp. 60-66
Author(s):  
D. Ye. Zherebtsov
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Necessary Conditions ◽  
Disciplinary Action ◽  
Service Discipline ◽  
Negative Consequences ◽  
Effective Operation ◽  
The Law ◽  
Definition Of ◽  
National Police

The essence of legal liability in labor law has been clarified. Scientific approaches to the definition of “disciplinary liability” have been studied. The purpose of disciplinary liability of employees has been defined. The author has studied the norms of the Law of Ukraine “On the Disciplinary Statute of the National Police of Ukraine” regarding the procedure for applying disciplinary liability to police officers. Features of disciplinary liability of police officers have been determined. First of all, disciplinary liability of police officers is a type of special disciplinary liability. Secondly, only a police officer is subject to disciplinary action. Thirdly, disciplinary sanctions are applied by managers at various levels to the relevant regulatory defined range of police officers. Fourth, the purpose of disciplinary liability of police officers is to ensure the compliance with police service discipline, to prevent from committing disciplinary offenses by police officers, to educate police officers’ conscious attitude to the service, to create the necessary conditions for effective operation of police units. Fifth, disciplinary offense is the basis for applying disciplinary liability to police officers. Sixth, the occurrence of negative consequences, which are manifested in the imposition of disciplinary sanctions provided by the Law of Ukraine “On the Disciplinary Statute of the National Police of Ukraine”. The author has suggested own definition of the term of “disciplinary liability of police officers”, which means the application of disciplinary sanctions under the Law of Ukraine “On the Disciplinary Statute of the National Police of Ukraine” to a police officer who has committed a disciplinary offense.

scholarly journals PROTECTION OF THE HONOR AND DIGNITY OF NATIONAL POLICE EMPLOYEES

2021 ◽  
Vol 76 (3) ◽  
pp. 62-68
Author(s):  
Albina Batechko ◽  
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Social Group ◽  
Self Esteem ◽  
Public Order ◽  
Personal Safety ◽  
External Assessment ◽  
Current State ◽  
Definition Of ◽  
National Police

The article is devoted to the study of the peculiarities of the protection of the honor and dignity of the National Police of Ukraine. The notion of honor and dignity of a police officer is considered and analyzed. The author revealed the meaning of the terms «dignity» and «honor» and provided a definition of honor and dignity of police officers within the independence of these terms and pointed out the main difference between these concepts. The article identifies the current state of national and international legislation on the protection of honor and dignity. The main characteristics and indicators of professional honor and decent behavior of a police officer are given. It is noted that the real protection of the honor and dignity of police officers in practice is virtually ignored and, according to current statistics, offenses against the honor and dignity of police officers are indicators of latent crime. The experience of European countries, namely Poland and France on the mechanism of protection of personal safety and security of police officers is considered. The main provisions of the draft Law of Ukraine «On Amendments to the Code of Administrative Offenses of Ukraine to protect the honor and dignity of employees of the National Police of Ukraine, members of public formations for the protection of public order and the state border and servicemen» № 5050. It has been found that the honor of the police officer is a directly external assessment of the police officer from the society or the relevant social group, which characterizes the moral appearance of the entire personnel of the bodies and units of the National Police of Ukraine. The dignity of the police officer is the internal self-esteem of police officers as a moral personality that is significant for the environment, for society, and determining the significance of the police as a professional based on its achievements, self-esteem. The protection of the honor and dignity of the police as a citizen of Ukraine is carried out on general grounds and does not guarantee a certain level of protection during the execution of police officers.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

scholarly journals CONTRACT AS THE REASON FOR THE CURRENT LABOR LEGISLATION OF POLICE IN UKRAINE

Social Law ◽  
2019 ◽  
Author(s):  
V. Veretin
Keyword(s):  
Police Officers ◽  
Labor Relations ◽  
Employment Contract ◽  
National Legislation ◽  
Legal Literature ◽  
Labor Legislation ◽  
Competition Commission ◽  
The Law ◽  
Definition Of ◽  
National Police

The article is devoted to the study of the contract on service in the police as the basis for the emergence of labor relations of police officers. The article examines the norms of national legislation providing for the use of a contract as a basis for the emergence of labor relations, as well as scientific approaches to understanding the nature and characteristics of a contract. The definition of the “contract on service in the police” and the proposals for the improvement of national legislation in the field of service in the police are given. It is substantiated that the Labor Code of Ukraine stipulates in fact two grounds for the emergence of an employment relationship: an employment contract and a contract. Along with this it is proposed to highlight other reasons, namely the act of appointment; the act of election to office; the decision of the competition commission; a court decision on the conclusion of an employment contract; referral to work by a body authorized by the law at the expense of the established quota. It is stated that the scope of contracts is limited by the laws of Ukraine, that is, contracts can be concluded by employers only with those categories of employees that are clearly defined by law. Non-compliance with this rule is a ground for recognition in accordance with Art. 9 of the Labor Code invalid contractual working conditions, which worsen the position of the employee in comparison with the legislation of Ukraine. The thesis that the Labor Code of Ukraine primarily calls the contract a special form of employment contract, however, has been raised in the legal literature regarding this definition. The author makes arguments about the expediency of making changes to Art. 63 of the Law of Ukraine "On the National Police"

scholarly journals Tactical and psychological context of communication between a police officer and offenders.

2021 ◽  
Vol 3 (3) ◽  
pp. 101-106
Author(s):  
Oleksandr Tsaryov
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Professional Training ◽  
Effective Interaction ◽  
Communication Strategy ◽  
Communication Technique ◽  
Police Contacts ◽  
Psychological Training ◽  
Definition Of ◽  
National Police

The article reveals the features of the tactical and psychological context of communication between police officers and offenders. Сommunication processes play an important role in the activities of the National Police of Ukraine. In this regard, it is expedient to impose certain requirements on the communicative competence of the personnel of the National Police of Ukraine. The essence of the problem of professional communication of a police officer, modern approaches to the definition of «tactical and psychological context of communication» are revealed. The principles of professional training levels are characterized. Tactical and psychological context of communication is the implementation in a particular situation of a communication strategy based on mastery of techniques and knowledge of the rules of communication. Communication technique is a set of specific communication skills: speaking and listening. The essential characteristics of communication causes of conflicts are presented. However, officers spend much more time talking to complainants, witnesses, suspects, and the public at large than they do engaging in tactical encounters, although all police contacts involve some degree of proper tactics. Clearly, the relationship between the two must be understood. Emphasis is placed on the indicative and predicative process of communication. It is proved that the effective interaction of police officers with citizens is the key to ensuring an appropriate level of public safety in society. The complex of issues of content, organization and provision of ways of psychological training includes issues of its management, planning, determining the content of psychological training, organization and methods of conducting psychological training, accounting and evaluation of results achieved in psychological training, personnel, logistics and scientific providing psychological training.

scholarly journals National Police of Ukraine as a Party to a Police Service Contract

2021 ◽  
Vol 81 (2) ◽  
pp. 144-148
Author(s):  
S. V. Vereitin
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
The State ◽  
Labor Rights ◽  
Police Agency ◽  
Police Service ◽  
Service Contract ◽  
The Law ◽  
The Right ◽  
National Police

Scientific approaches to determining the legal status of the employer in labor relations have been studied considered. The author has studied the norms of the Law of Ukraine “On the National Police”, which determine the identity of the employer and his authority to enter into a police service contract. It has been noted that the state is the employer in labor legal relations of police officers. However, employer powers in accordance with Part 1 of the Art. 63 of the Law of Ukraine “On the National Police” are delegated from the state to the National Police of Ukraine. Employer powers are directly exercised by the head of the police agency granting the right to accept and dismiss from the police. This person, on the one hand, is a representative of the employer, on the other hand – an employee. It has been stated that the Law of Ukraine “On the National Police”, defining the identity of the employer in the labor legal relations of police officers, did not enshrine the labor rights and responsibilities of the National Police of Ukraine as an employer. It is recommended to clearly define the list of labor rights and responsibilities of the National Police of Ukraine as an employer in the Law of Ukraine “On the National Police”. The following groups of labor rights of the National Police of Ukraine should be envisaged: 1) the right to select on the position of a police officer; 2) the right to accept, transfer and dismiss from the police; 3) the right to demand from the police officer to perform his / her functional duties; 4) the right to organize and manage the service; 5) the right to apply incentives; 6) the right to compensation ин police officers for the damage caused to the property of the police agency as a result of the violation of their functional duties by police officers. It is also necessary to consolidate the following groups of labor responsibilities of the National Police of Ukraine: 1) ещ provide the police щаашсук with work that meets the job descriptions and functional responsibilities of the relevant position; 2) ещ create appropriate service conditions necessary for the performance of functional duties; 3) to ensure proper rest of police officerі; 4) to provide timely financial support to police officerі and in the full extent; 5) to provide social protection for police officers; 6) to ensure the protection of the life and health of police officers, the life and health of family members, as well as their property.

scholarly journals Normative Provision of Personal Safety of the Employees of the National Police of Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 185-192
Author(s):  
Sklyar О. S. Sklyar ◽  
T. V. Shevchenko
Keyword(s):  
Police Officers ◽  
Law Enforcement Officers ◽  
Personal Safety ◽  
Security Measures ◽  
Police Agencies ◽  
The Law ◽  
Internal Affairs ◽  
Definition Of ◽  
High Level ◽  
National Police

The level of normative provision of personal safety of the employees of the National Police of Ukraine has been clarified. The normative base of the Ministry of Internal Affairs of Ukraine and the National Police of Ukraine in regard to ensuring the personal safety of a police officer has been analyzed. It has been established that the normative level stipulates a norm on ensuring the personal safety of police officers in the performance of their official duties, but the legislator does not provide an explanation of the essence of the concept of personal safety. The lack of the definition of this concept in regulatory acts gives rise to a number of discussions among scholars in various fields of research. The most successful definitions of the concepts of security and personal safety of law enforcement officers have been consistently studied. In accordance with the Law of Ukraine “On the National Police” and in order to ensure the personal safety of police officers and to prevent the death, injury and trauma of them and others during the handling of weapons, the Minister of Internal Affairs of Ukraine approved the Instruction on security measures when handling weapons, which is only a part of the official activities of police agencies (institutions, organizations) and does not reveal the essence of the content of personal safety. It has been offered to regulate the high level of performance of police duties by police officers, i.e. to supplement the Law of Ukraine “On the National Police” or the relevant bylaws with the definition of “personal safety of police officers”, which can help to address theoretical and practical issues on developing concrete measures to increase the personal safety of police officers and to stop discussions on understanding this concept.

scholarly journals Recalling a Police Officer from Leave: Problems of Legislation and Practice

2020 ◽  
Vol 89 (2) ◽  
pp. 84-93
Author(s):  
О. V. Chornous
Keyword(s):  
Comparative Analysis ◽  
Police Officer ◽  
Police Officers ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Employment Relations ◽  
State Official ◽  
The Law ◽  
National Police

The peculiarities of the procedure for recalling police officers from annual leave have been studied. The problems of legal regulation of this institution of labor law have been singled out. It has been noted that the annual leave of a police officer is divided into a basic leave, which may not be less than thirty calendar days, and an additional leave, the duration of which may not exceed fifteen days. It has been noted that the legislator did not provide a mechanism for recalling a police officer from annual leave. The author has analyzed specific features of the procedure for recalling some special categories of employees from leave. A comparative analysis of legal regulation of recalling a police officer, a serviceman and a state official from leave has been carried out. Gaps in the problem of legal regulation of the procedure for recalling a police officer from annual leave have been highlighted. It has been found out that the provisions of the Law of Ukraine “On the National Police” on recalling a police officer from annual basic and annual additional leave have gaps in this regard and need further improvement. The study is focused on resolving practical problematic aspects of the protection of constitutional, labor rights of police officers as a party to employment relations and improving special legislation on this issue, which includes the Law of Ukraine “On the National Police”.

scholarly journals Distinguishing the concept of mentoring in the National police of Ukraine from related concepts.

2021 ◽  
Vol 3 (3) ◽  
pp. 124-128
Author(s):  
Oleksandr Karpenko ◽  
Yevhen Zelenskyi
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Professional Training ◽  
Real Life ◽  
Postgraduate Education ◽  
Scientific Article ◽  
Work Training ◽  
European Standards ◽  
Definition Of ◽  
National Police

The purpose of writing this scientific article is to determine the features of mentoring in the National Police of Ukraine on the basis of distinguishing this concept from related concepts. In order to achieve this goal, the author defines a range of concepts related to mentoring in the National Police, which will analyze in the work: training, coaching, consulting, mentoring, supervision. The paper emphasizes the need to adapt mentoring in the National Police of Ukraine to the modern realities of Ukrainian society and to modernize it to European standards. An example of an attempt to implement this thesis is the introduction of the institute of mentors in the patrol police of Ukraine in 2019. Mentoring in the patrol police is the first step towards overcoming urgent problems with the young potential of the police. In the future, it is proposed to determine the legal basis for the implementation of this and similar institutions in the police. According to the author, the method of supervision can be introduced into the internal activities of the National Police of Ukraine after careful preparation and definition of the main methodological goals, objectives and methods of application. However, the institution of supervision is not identical to mentoring, as it has a number of differences: their subjects and objects, as well as the relationship between them. Emphasis is placed on the mandatory use of training in the process of professional training of police officers: initial training; training in higher educational institutions with specific learning conditions; postgraduate education; job training. But the key difference between training and mentoring is the acquisition of knowledge in artificially created conditions or in real life situations during the performance of police duties. The author considers coaching a necessary element for mentoring in the National Police of Ukraine. The mentor should not indicate the algorithm of actions for the police officer, not solve work tasks by his own example, but give the police officer the opportunity to make decisions independently, perform actions under the strict supervision of the mentor with prior and subsequent analysis of the work situation. The paper focuses on the inappropriateness of the use of consulting in the activities of the National Police of Ukraine, as the police officer has no opportunity not to follow the recommendations, instructions, orders, etc.

scholarly journals A FEMALE POLICE OFFICER IN UKRAINIAN SOCIETY

2021 ◽  
Vol 74 (1) ◽  
pp. 169-175
Author(s):  
Viktor Gurskiy ◽  
Keyword(s):  
United Nations ◽  
Gender Equality ◽  
Police Officer ◽  
Police Officers ◽  
Armed Conflicts ◽  
Un Security Council ◽  
The United Nations ◽  
Definition Of ◽  
National Police ◽  
Ukrainian Society

The article deals with the definition of a female police officer position in Ukrainian society. The position of women who serve in the bodies of the national police of Ukraine and the observance of female police officers’ rights have been investigated. It was clarified that equality is the foundation of a democratic society that strives for social justice and respect human rights. But, unfortunately, for some reasons, women are discriminated almost in all spheres of life. It was noted that our state, being at the stage of formation of a gender society and law in general, has the goal of the European choice, and many steps have already been done for achieving this goal. Ukraine has pledged to fulfill general international duties to ensure gender equality. Having chosen the European vector of development, our state has ratified a number of international documents, one of which was the order of the cabinet of ministers of Ukraine «on the approval of the national plan for the implementation of un security council resolution no. 1325 Women, Peace, Security for the period up to 2020». Аn resolution 1325 is dedicated to those states where armed conflicts take place, therefore this document is relevant for Ukraine. Thus, gender equality is one of the conditions for ensuring social development. For example, the United Nations provides gender-sensitive policing throughout the United Nations police work as an urgent need to address the differentiated security needs of women, men, girls and boys. A positive moment, testifying to the improvement in the field of gender equality, is the constant increase in the number of women in the ranks of the national police of Ukraine. We consider that this fact improves the image and the attitude of citizens towards the police, because women are more trusted than men in some issues. We state that achieving gender equality ensures preventing violence, protecting the rights of all people and the opportunity to make a meaningful contribution to public life. All mentioned above aspects are impossible without women. Therefore, in the future we plan to study this issue in more detail.

scholarly journals TYPES OF DISCIPLINARY PENALTIES APPLICABLE TO POLICE OFFICERS

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 258-264
Author(s):  
О. І. Панов
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Criminal Liability ◽  
Disciplinary Action ◽  
Educational Goals ◽  
Special Rank ◽  
Time Diversity ◽  
Wide Range ◽  
National Police ◽  
Legal Consequences

The relevance of the article is that the special content and educational goals of legal liability in general and its individual types are expressed in the variability of legal penalties. For example, the most severe criminal liability involves the application to violators, criminals, a wide range of special sanctions that correspond to the severity of the crime committed by each of them. At the same time, diversity is also inherent in disciplinary action against police officers. It is determined that reprimand and severe reprimand are similar to reprimand disciplinary sanctions and mostly embody a psychological and evaluative form of influence on a police officer. That is, their use shows that the management of a police body or unit condemns the relevant actions of the police officer. However, in contrast to the remarks, reprimands and severe reprimands have a greater disciplinary intensity, as they are applied for a longer period and, as a result, can be a punishment for more serious disciplinary offenses. At the same time, among many other penalties, reprimands and severe reprimands can be described as insignificant, because they do not cause any other additional legal consequences. It was found that the reduction of a special rank by one degree provides not only a formalized condemnation of illegal actions or inaction of a police officer, which constitute a disciplinary offense, but also limit his employment status, by: first, assigning the latter a rank that does not actually correspond the term of service of a police officer; secondly, the restriction of his financial support, because the lower special rank provides a lower salary for such a rank, which is part of the pay structure of police officers. It was emphasized that the dismissal in general and as a disciplinary sanction is expressed in the complete termination of employment between the relevant police officer and the National Police of Ukraine. In contrast to dismissal, which involves the loss of a part of a police officer's function, the termination of employment leads to the loss of a person's status as a police officer as a whole. In addition, a police officer dismissed from the police for a disciplinary offense may not be recruited by the police for three years from the date of execution of the dismissal order.

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