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

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.

Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

Some Aspects of Legal Regulation of the Dismissal from Work: Features, Types and Social Guarantees

Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all. Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated. It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”. Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal. It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge. It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.

Administrative Supervision of the National Police of Ukraine

The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.

Legal Uncertainty of a Service as an Object of Civil Rights

Based on a systematic analysis of civil law norms, the problem of regulatory consolidation of a service as an object of civil rights is revealed. In particular, grammatical awareness of the content of certain norms contained in the Civil Code of Ukraine allowed us to make a rather contradictory conclusion that the service is a material good, a thing that consists in the action or activity of the service contractor. This legal paradox exists due to several shortcomings of legislative technique. The first one concerns the conjunction "including", which, according to grammar rules, refers a service (as a specific concept) as things (as a generic concept). It follows from the above that the Union "Including" should be removed in Part 1 of the Art. 177 of the Civil Code of Ukraine. The second disadvantage is due to the lack of a separate norm that would determine a clear place of the service in the system of objects of civil rights. In this regard, and taking into account the essence of the service as an object of the intangible world, it is offered to supplement Chapter 15 "intangible benefits" with a separate Article entitled "Services", which should contain a definition of the concept of this object of civil rights along with other important provisions. Moreover, the concept of a service is applied contrary to its legislative definition according to the analysis of judicial practice, namely as its result, and not as a benefit, we offer that the word "services" and the phrase "results of work" in Part 1 of the Art. 177 of the Civil Code of Ukraine should be swapped. These amendments will contribute to legal certainty and reduce the manifestations of arbitrary interference by state agencies, including the court, in the rights protected in the Constitution of Ukraine and in the Convention for the Protection of Human Rights and Fundamental Freedoms.

Problems of Vehicle Identification by Tire Marks on the Soil

Scientific research is focused on the problems of vehicle identification by tire marks on the soil. It is argued that the car can either be a participant in a traffic accident or be used during theft of property or kidnapping. The constructional features of the wheels and tires of a car, which are important in the formation of tracks, are described. When the wheel comes into contact with the soil, the tread pattern is reflected. The features of the vehicle tire marks recorded by the investigator and the forensic scientist during the scene search have been determined. Photo or video recording of car wheel tracks is possible, as well as preparing the impression from the display of the tread on the soil. The possibilities of transport and traceological examination for studying the traces of car wheels have been established. The procedure for appointing an expert examination by an investigator is described. There is a list of materials that are provided for an expert study, as well as a list of questions that can be posed to an expert. It is argued that a problem in proving the involvement of a vehicle in the commission of a crime is the possibility of the vehicle tires or wheels to be replaced immediately after it has been committed. Recommendations regarding the identification of a vehicle based on tire marks on the soil are suggested. To establish the fact of changing tires on a car after the commission of a crime, the investigator must seize all sets of tires that are found in the suspect’s household or garage. It is possible to confirm the fact of changing tires on a particular car by interrogating employees of service stations located near the suspect’s residence. In addition to tire marks, to identify the vehicle, it is worth using the testimony of witnesses regarding the model and color of the car, traces of glass debris and paint chips at the accident site and damage on the car itself.

Characteristics of Professional Formation’s Indicators of Managers of the System of the Ministry of Internal Affairs of Ukraine

The problem of professional and personal formation of managers of the security and defense sector of Ukraine has been studied. It has been emphasized that the basis for professional and personal development of the managers of the Ministry of Internal Affairs of Ukraine is formed by the activity and personality as basic categories, which are reflected in the block of professional formation and the block of personal formation, where each block is reflected in specific components and is revealed in appropriate criteria. In particular, the first part of the study – the psychological characteristics of the block of professional development is presented, namely through such components and their criteria as: activity – career motivation, professional aspirations; behavior – a metasystem of relations in the activity, conflict resolution competence; work – managerial identity of the manager, managerial decision as a product, communication – socio-psychological competence, emotional and volitional regulation. The study is based on the use of a number of methods of psychological diagnosis, which assisted to examine 844 people, including 385 managers and 459 employees of the agencies and departments of the Ministry of Internal Affairs of Ukraine. The obtained results have been processed by using the methods of mathematical statistics. The originality of the stu The problem of professional and personal formation of managers of the security and defense sector of Ukraine has been studied. It has been emphasized that the basis for professional and personal development of the managers of the Ministry of Internal Affairs of Ukraine is formed by the activity and personality as basic categories, which are reflected in the block of professional formation and the block of personal formation, where each block is reflected in specific components and is revealed in appropriate criteria. In particular, the first part of the study – the psychological characteristics of the block of professional development is presented, namely through such components and their criteria as: activity – career motivation, professional aspirations; behavior – a metasystem of relations in the activity, conflict resolution competence; work – managerial identity of the manager, managerial decision as a product, communication – socio-psychological competence, emotional and volitional regulation. The study is based on the use of a number of methods of psychological diagnosis, which assisted to examine 844 people, including 385 managers and 459 employees of the agencies and departments of the Ministry of Internal Affairs of Ukraine. The obtained results have been processed by using the methods of mathematical statistics. The originality of the study is due to a comparative analysis of the characteristics of the indicators of the block of professional development of professional and personal formation of the managers of the Ministry of Internal Affairs of Ukraine and employees who do not perform managerial functions. It has been proved that the indicators of the components of professional and personal development of managers differ from similar indicators of those who are not managers within the system of the Ministry of Internal Affairs of Ukraine in terms of quality and content, which is primarily focused on management functions. The obtained empirical data will contribute to the improvement of management theory and practice in the law enforcement system. dy is due to a comparative analysis of the characteristics of the indicators of the block of professional development of professional and personal formation of the managers of the Ministry of Internal Affairs of Ukraine and employees who do not perform managerial functions. It has been proved that the indicators of the components of professional and personal development of managers differ from similar indicators of those who are not managers within the system of the Ministry of Internal Affairs of Ukraine in terms of quality and content, which is primarily focused on management functions. The obtained empirical data will contribute to the improvement of management theory and practice in the law enforcement system.

Legal Regulation of Spreading Opinions and Beliefs through TV Broadcasting

The research is focused on the problems of legal regulation of spreading opinions and beliefs through TV broadcasting. The scientific novelty of the research consists of the provisions on the need to amend the legislation on establishing the procedure for inspection and monitoring of television organizations by the National Council on Television and Radio Broadcasting. The author has studied legislative acts regulating the activity of mass media and works of scholars, where the peculiarities of the legal status of television organizations are covered. It has been stated that the constitutional right to free expression of one’s opinions and beliefs can be exercised through TV broadcasting. The legal basis for the activities of television organizations has been determined. The legal principles for the activities of journalists of television organizations have been clarified. Forms of disseminating one’s own views through television have been established. It has been emphasized that the creation of one’s own television organization by a citizen or a legal entity is the first way to spread opinions and beliefs. The participation of well-known politicians or public figures in television programs has been recognized as a separate form of disseminating the relevant concepts to a wide audience. At the same time, broadcasting an interview given by a well-known public or political figure to the TV channel’s journalists is an important method of disseminating the relevant information. Legal restrictions on the dissemination of certain information by television have been defined. It has been stated that the right to information may be limited by law in the interests of national security, territorial integrity or public morality. The general characteristics of monitoring and supervisory powers of the National Council on Television and Radio Broadcasting have been provided. The author has formulated propositions for amending the current legislation regulating the activities of the National Council on Television and Radio Broadcasting.