THE HISTORY OF FORMATION AND DEVELOPMENT OF SOCIAL SUPPORT AND WARRANTIES OF THE NATIONAL POLICE
Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue
Abstract
The history of formation and development of the social support and warranties of internal affairs officers (now police) is closely linked to the history of the creation of the Militia. The analysis of legal instruments of the Soviet period allows us to offer the following classification of regulatory framework of the militia/national police activities: The first period – 1917-1930 – creation and development of the State Institute of Civil Service, including the Soviet militia. The legal status of a civil servant was determined under the provisions of the Labor Code of the RSFSR in 1918 and the Labor Code of the Ukrainian SSR in 1922. Besides, during this period there was no standard-setting legislation that would regulate the complex issues of public service The second period – 1931-1990 – is characterized by the adoption of specific legislation in the Ukrainian SSR designed to regulate the activities of the militia at the level of social security and social protection. The third period – 1990-ongoing – the development of the institution of social protection of the militia / National Police in the independent Ukraine. The civil society most closely associates the current update of the domestic law enforcement system as an effective guarantee of protection of constitutional rights and freedoms with the entry into force of the Law of Ukraine “On the National Police” dated July 2, 2015. By this Law of Ukraine the domestic legislator has established the legal basis for the organization and activities of the National Police of Ukraine as a central executive authority, which is designed to serve the community by ensuring the protection of human rights and freedoms, combating crime and maintaining public security and order in the state. In addition, it legislatively defined legal bases of service in this specific state structure and legal status of the police as people who are to implement its provisions. According to the concept, which is currently the most widespread in the theory of law, civil law, administrative law, commercial law and other branches of the legal system of Ukraine, the status of a legal person is defined as a set of rights and duties of a person fixed by legal rules. Meanwhile, this right is considered as a subjective right (the possibility of a certain conduct to use certain tangible and intangible benefits and/or to achieve a particular purpose) and as an objective law (the existence of legal provisions providing these behavior and use), and the responsibilities as a proper behavior that is necessary and sufficient in specific legal relations to comply with the existing legislation. The history of formation and development of the social support and warranties of internal affairs officers is closely linked to the history of the creation of the national police. At the same time, the formation of the bodies of internal affairs was conditioned by “strain” and excessive ideological dominance and declarative approach. In the context of the law enforcement agencies reform under a new law “On the National Police of Ukraine” some historical mistakes about insufficient attention of the state to the social status of the national police force should be considered that will make the service efficient and effective.
Authors and Affiliations
Ю. В. , Ладика
Keywords
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