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 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 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 Types of Rest According to the Labor Legislation Applied by the Employees of the National Police of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 42-53
Author(s):  
O. V. Veklіyk
Keyword(s):  
Police Officers ◽  
Labor Law ◽  
Working Hours ◽  
Legal Regulation ◽  
Correct Definition ◽  
Labor Legislation ◽  
State And Society ◽  
Rest Time ◽  
The Right ◽  
National Police

The author has researched one of the directions of the modern formation and development of the rule of law state related to the improvement of various branches of law and the relevant legislation in the field of labor law. Among the most important features of applying the rest time is the correct definition and use of its legal regulation in respect to the employees of the National Police of Ukraine, which will allow the police officers to fully fulfill the tasks assigned to them by the state and society. The subject of the right to rest is everyone who works, and therefore everyone who has the right to work. The labor legislation of Ukraine does not define the concept of the rest time. It is opposed to the concept of “working time”. All the time beyond of working hours is considered to be the rest time. Having analyzed the current labor legislation of Ukraine, we state that labor law norms in regard to the types of rest are also applied to the police officers, taking into account the specificity of their activity, which is regulated by a special law. While analyzing scientific literature, regulatory base and international legal acts the author has established and revealed the types of rest time of the employees of the National Police of Ukraine. Based on the views of certain authors, the nature and content of the types of rest time of the employees of the National Police of Ukraine have been revealed. The author has determined the use of the types of rest time and its legal regulation concerning the employees of the National Police of Ukraine.

scholarly journals Administrative Supervision of the National Police of Ukraine

2021 ◽  
Vol 81 (2) ◽  
pp. 72-78
Author(s):  
I. M. Kovalov ◽  
V. A. Yevtushok
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Legal Regulation ◽  
Educational Process ◽  
Scientific Article ◽  
Administrative Supervision ◽  
The Law ◽  
Compliance With The Law ◽  
National Police

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.

scholarly journals International Experience of Legal Regulation of Liability for Insult of Police Officers and Possibilities of Its Use in Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 13-20
Author(s):  
К. Л. Бугайчук
Keyword(s):  
Police Officer ◽  
Police Officers ◽  
Legal Protection ◽  
Legal Regulation ◽  
The Public ◽  
Current State ◽  
The Media ◽  
The Republic ◽  
National Police ◽  
Protection Of Life

The article highlights the problem of the need to strengthen the legal protection of employees of the National Police of Ukraine, who are subjected to illegal encroachments on their honor and dignity while performing their official duties. It is proved that there are acts concerning insults of police officers and insults or slanders committed against ordinary people in the normative legal acts of the countries of Europe and the former CIS. As a rule, insulting or slandering a law enforcement officer is a crime, while other actions are administrative offenses. Such actions have a qualified composition, which is manifested in the public dissemination of such insults or slander. It is argued that punishment for insulting a police officer is applied only in cases related to the performance of their official duties. Otherwise, the case will be considered in the usual way; the corpus delicti of such a crime may be recognized as qualified if such slander or insult is disseminated through the media or through the Internet. The current state of legal regulation of legal liability for insult and defamation of police officers in the Republic of Belarus, Kazakhstan, Poland, Germany, France and Spain is analyzed. Based on the study, the propositions to the Law of Ukraine «On the National Police» are formulated that are aimed at regulating the professional guarantees of police activities. It is emphasized that interfering in the activities of a police officer, failure to comply with his legal requirements, obstruction of the exercise of his respective powers, insult or slander against a police officer related to his official activities, insult to the police, as well as any other illegal actions they must be held legally liable for the police officer. The position that the profile law should enshrine in law the state protection of life, health, honor, dignity of a police officer, his professional reputation, members of his family, as well as property belonging to him and his family members from illegal encroachments in connection with the performance of official duties.

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.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Object and subject of staffing of the national police of Ukraine at the regional level

2020 ◽  
Vol 9 (26) ◽  
pp. 174-180
Author(s):  
Oleg Volodymyrovych Martselyak ◽  
Vladyslav Volodymyrovych Karelin ◽  
Ihor Mykhailovych Koropatnik ◽  
Rostislav Andriyovych Kalyuzhnyi
Keyword(s):  
Police Officer ◽  
Regional Level ◽  
Police Authority ◽  
The Subject ◽  
Points Of View ◽  
The Law ◽  
Compliance With The Law ◽  
National Police ◽  
Logical Semantic

The purpose of the article is to investigate the specifics of the object and subject of staffing of the National Police of Ukraine at the regional level based on scientific points of view and regulatory legal acts. Writing the article, the following methods were used: dialectical, logical-semantic, and logical-legal methods. The relevance of the article is in the need to study the essence of the object and subject of staffing of the National Police at the regional level. The subject of the study is the legislation of Ukraine regarding the requirements for a police officer as an object of the police staffing, including at the regional level. The features of object and subject of the police staffing at the regional level are identified in the paper, as well as the restrictions that are currently placed upon the police officer on recruitment. The guarantees, determined by the law and which the police officer can use during the performance of official duties, are analyzed. The legislative requirements for candidates for senior posts are examined. The powers of the head of the territorial police authority are administrative and regulatory in nature, as evidenced by their rights and obligations. The authors concluded that the service in the National Police at the regional level is specific, requires professionalism and compliance with the law, which underlines the urgent need to strengthen staffing in this area. In addition, the author’s opinion of the concepts of the object and subject of staffing of the National Police of Ukraine at the regional level is provided due to the results of the study.

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.

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