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 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 On guarantees of protection of the policeman's right to money security

2021 ◽  
Vol 66 ◽  
pp. 118-122
Author(s):  
T. A. Masalova
Keyword(s):  
Civil Rights ◽  
Police Officers ◽  
Labor Law ◽  
The State ◽  
Labor Rights ◽  
Financial Security ◽  
The Real ◽  
Definition Of ◽  
The Right ◽  
High Level

The article considers the issues of guarantees of protection of the policeman's right to financial security, in particular, the definition of "guarantees of protection of the policeman's right to financial security", defines the purpose, objectives and functions of the investigated guarantees, and outlines the structure of basic guarantees. Thus, guarantees for the protection of the right of police officers to financial security are considered as a set of legal and organizational-legal means, methods and conditions by which the police and state bodies ensure the real restoration of the violated right to remuneration. It is concluded that today the guarantees of protection of the police officer's right to monetary security are a special manifestation of guarantees of protection of the employee's right to remuneration. This position allows us to draw the following conclusions: (1) the extension to the police of labor law and other guarantees of protection of labor rights of employees contributes to the expansion of the set of human-centered principles available in labor law in this area. This does not allow the state to subject police officers to labor exploitation, which degrades their human dignity, and obliges them to properly ensure and protect the right of these officers to a decent reward for their work; (2) as the real existence of guarantees of human and civil rights and freedoms in Ukraine is still far from adequate, the guarantees of protection of the police officer's right to financial security are not sufficiently perfect. Meanwhile, it should be borne in mind that the importance of police work, as well as ensuring a high level of social security of these officers has led to the creation and operation of a legal mechanism to protect the right of police officers to a decent reward. conditions under which a police officer may confirm and protect the right to financial security by all means and methods available to him, which do not endanger the state of national security of the state.

scholarly journals Improvement of legal support of training of members of civil formations by National Police bodies

2020 ◽  
Vol 2 (2) ◽  
pp. 105-109
Author(s):  
Svitlana Ryzhkova
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Public Order ◽  
The Public ◽  
Special Training ◽  
Village Council ◽  
The Law ◽  
The Right ◽  
National Police

The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.

scholarly journals Administrative and Legal Status of the National Police of Ukraine as a Subject of State Policy Implementation in Human Rights and Freedoms

2020 ◽  
Vol 76 (1) ◽  
pp. 32-38
Author(s):  
A. V. Tanko
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Policy Implementation ◽  
Police Officers ◽  
State Policy ◽  
Legal Status ◽  
The State ◽  
Human Rights Protection ◽  
The Law ◽  
National Police

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.

scholarly journals SOME ISSUES OF PENSION PROVISION FOR POLICE OFFICERS

2020 ◽  
Vol 73 (4) ◽  
pp. 44-52
Author(s):  
Liubov Knyazkova ◽  
◽  
Ivan Ivanov ◽  
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Executive Branch ◽  
Legal Regulation ◽  
The State ◽  
Law Enforcement Agencies ◽  
Length Of Service ◽  
The Law ◽  
Legal Security ◽  
National Police

The article deals with the research of the issues of pension provision for police officers as a component of their social security. Since the category of police employees is new to Ukraine, its significance for labour law and, accordingly, the value of the police for the society, whose citizens they protect, has been characterized. An analysis of statutory acts regulating the pension provision for law enforcement bodies' employees has been carried out. The concept of a seniority pension for police officers has been defined as a monthly payment from the Pension Fund of Ukraine intended to compensate for lost pay and allowances and granted upon resignation for the purpose of maintaining living standards of citizens having the seniority of a specified duration in law enforcement bodies, the National Police, the Court Protection Service, the State Fire Protection Service, the State Service of Ukraine for Special Communications and Information Protection, bodies and divisions of the Civil Protection Service, the Tax Police or the State Penitentiary Service of Ukraine, whose occupational incapacity is presumed to set in before they reach the retirement age established by law for awarding an old-age pension. The author proposes the adoption of a new law on pensions precisely for police officers. For in contrast to the definition of Militia (the name the police were called in the Soviet Ukraine and during a number of the post-Soviet years) as an armed body of the executive branch, the Law of Ukraine "On the National Police" defines the police as a central body of the executive branch that serves the society by ensuring the protection of human rights and freedoms, combating crime, maintaining public security and order. According to the author, the legal regulation of the pension provision for servicemen and police employees by a single statutory act (law) does not correspond to the realities of today. Conclusions have been formulated on supplementing the Law of Ukraine "On the National Police" with the provision that restrictions of guarantees of social and legal security of the law enforcement bodies' employees shall not be allowed when adopting laws and bylaws, as well as when making decisions by law enforcement agencies of the state. Special attention has been paid to calculating the amount of police officers' seniority pension. The procedure for determining the amount of pension depending on the length of service has been analysed. The author believes that lowering the limit of the seniority pension for law enforcement bodies' employees, including police employees, initially from 90 down to 80 per cent and then from 80 down to 70 per cent of their pay and allowances is a violation of the Constitution of Ukraine. Constitutional rights and freedoms are guaranteed by the state and cannot be revoked when adopting new laws or amending existing ones. No narrowing of the content and scope of existing rights shall be allowed. The author proposes to work out a new Procedure for recalculating pensions granted to police officers. Outdated statutory acts governing the procedure for recalculating pensions granted to law enforcement bodies' employees contain controversial provisions, have conflicting points, do not comply with the Constitution of Ukraine and the realities of today, and are therefore subject to repeal.

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 Psychological components of police care as a factor of guaranteeing public safety

2018 ◽  
Vol 71 (4) ◽  
pp. 85-90
Author(s):  
H. V. Dzhahupov
Keyword(s):  
Police Officer ◽  
Public Safety ◽  
Preventive Measure ◽  
Psychological State ◽  
Public Order ◽  
General Rules ◽  
Close Cooperation ◽  
The Law ◽  
The Right ◽  
National Police

The application of police care as a completely new measure for Ukraine has been analyzed. This measure appeared on the list of preventive police measures (c. 11, Part 1 of the Art. 31), as soon as the Law of Ukraine “On the National Police” came into force. It has been substantiated that the research of police care is significant not only in the context of developing the mechanism of this measure, but also in the context of the problems of close cooperation and interaction of police agencies with citizens, territorial communities and public institutions on the principles of partnership and focus on addressing their needs, in particular, to ensure public safety. The analysis of existing research of the concept, content and significance of public safety and order has been carried out. It has been concluded that the term “public order and safety” is not legally defined at present time, but the analysis of regulatory acts and different views of scholars testifies to the homogeneity of the notions of “public order and safety” and “public policy and safety”. It has been stressed that the implementation of this preventive measure by the police is impossible without understanding the psychological aspect of this issue and taking into account the psychological state of a police officer. One of the most important components of this process, in the opinion of the author, is the observance of general rules of communication; a police officer during the communication with people also must comply with the requirements of the Constitution of Ukraine. It has been noted that although the content of the minutes on the use of police care is provided in Part 4 of the Art. 41 of the Law of Ukraine “On the National Police”, but in practice there are a lot of questions regarding this matter, therefore its appropriate form should be approved. We offer to authorize a patrol police officer or a community police officer to have the right to execute a process-verbal. It has been concluded that the resolution of stated issues will contribute to the clear and effective implementation of the norms of the current legislation by the staff of the National Police. The deeper study of the issues of psychological components of both police care, and other preventive police measures has been defined as a perspective area.

scholarly journals Implementation of the Project “Community Police Officer”: Real Actions to Bring Police Service Closer to People (on the example of Kharkiv oblast)

2020 ◽  
Vol 91 (4) ◽  
pp. 108-120
Author(s):  
M. V. Holub
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Pilot Project ◽  
Point Of View ◽  
Public Confidence ◽  
Law Enforcement Agencies ◽  
Community Police ◽  
Police Service ◽  
National University ◽  
National Police

The author has studied the issue of further approach of the police service to the people – members of the united territorial community. The emphasis has been placed on the need to take further steps to strengthen partnership between the police and community members. Special attention has been paid to the important role of the National Police in the process of implementing the decentralization, taking measures to ensure public order and security in the territories of united communities, taking into account the views, positions and recommendations of residents of united territorial communities, the importance of interaction between community police officers and the population. The author has highlighted the importance of the pilot project “Community Police Officer” to further increase of public confidence in the police. The author has suggested appropriate measures for more effective promotion of this project, in particular: to initiate for the Department of the National Police of Ukraine to take measures aimed at creating a legal base that can ensure the effective operation of community police officers according to the legal point of view, as well as their interaction with other law enforcement agencies, introducing relevant amendments into existing regulatory documents; to prepare propositions in regard to these provisions; to develop routes and time of foot patrol by community police officers of the assigned territory, taking into account the analysis of street offenses, the location of places visited by a significant number of residents of the united territorial communities and other features of a particular united community; to make propositions for the creation of a “basic” united territorial communities in Kharkiv oblast, in terms of community police officers’ activities, to initiate and provide assistance to the Department of Preventive Activities of the Main Directorate of the National Police in Kharkiv oblast in organizing and conducting practical classes with this category of employees with visiting the specified united territorial communities; to introduce training of community police officers on the basis of Kharkiv National University of Internal Affairs, to prepare appropriate educational and methodical material; to improve the work of community police officers to ensure effective exchange of information, opportunities to quickly make decisions in case of complications, create an Internet group in the application “Telegram”, which should include police officers working within the pilot project “Community Police Officer”.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Policing in divided societies: Officer inclusion, citizen cooperation, and crime prevention

2018 ◽  
Vol 37 (5) ◽  
pp. 580-604
Author(s):  
Matthew J. Nanes
Keyword(s):  
Panel Data ◽  
Police Officer ◽  
Crime Prevention ◽  
Police Officers ◽  
Public Safety ◽  
The State ◽  
Divided Societies ◽  
Police Station ◽  
Domestic Security

How does demographic inclusion in domestic security institutions affect security provision in divided societies? Police officers rely on information from citizens to identify problems and allocate resources efficiently. Where conflict along identity lines erodes trust between citizens and the state, the police face difficulty obtaining information, hindering their ability to provide public safety. I argue that inclusiveness in the police rank-and-file addresses this problem by fostering cooperation from previously excluded segments of society. I test this argument in Israel and its conflict between the Jewish majority and non-Jewish minority. First, a survey of 804 Israeli citizens shows that non-Jews who perceive the police as more inclusive are more willing to provide the police with information. I then use original panel data on police officer demographics at every police station in Israel over a six year period to show that increases in police inclusiveness are associated with decreases in crime.

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