Police Service as a State Service of a Special Nature

  • O. Solonenko Ph.D in Law, Associate Professor, Professor of the Department of Constitutional Law and Human Rights of the National Academy of Internal Affairs, Kyiv, Ukraine
Keywords: National Police, service, civil service, legal form

Abstract

The article analyzes the normative acts of national importance, which reflect the regulation of service in the National Police as a special service in Ukraine. The scientific and theoretical research is aimed at the analysis of the theoretical and legal understanding of the service in the police, taking into account the relevant constitutional and legal provisions, the provisions of the law on civil service, and relevant documents of the judicial branch of government. The purpose of the article was to hold, taking into account the current state of the process of reforming law enforcement bodies, in particular the creation of a new central executive body – the National Police of Ukraine and its system departments, studying the issue of theoretical and legal understanding of the service in the police, taking into account relevant constitutional provisions, provisions of the law about the civil service, documents of the judicial branch of the government, etc. In the context of the study, it was noted that the civil service is a type of labor activity of citizens (a specific type of labor), and the peculiarities of the civil service in certain state bodies, including executive ones, should be determined by separate laws, indicating the possible existence of only forms of implementation of the civil service (for example , civilian, militarized form, etc.). In this regard, it is noted that labor activity (right to work) and public service are correlated as whole and partial. Accordingly, the police service is not a separate form of civil service. As a result of the study, the author noted the offensive. The service in the National Police is directly attributed to the civil service by a special law, is not a separate form of the latter, but is one of the forms of its implementation. Thus, the law on civil service applies to police officers who are special subjects of constitutional, administrative, labor and other legal relations. Conclusions. Police service for a police officer is a form of implementation of the civil service, both in the departments of the National Police (actually being in the corresponding position of the police officer) and in cases established by law, outside of it (dismissed from the position of the National Police with the subsequent appointment to the corresponding post with abandonment in police cadres). According to formal signs, we can note that the police service is a special and continuous state service with special conditions, which functions in the interests of the state and society, is a public, politically impartial, professional activity of the police for the practical fulfillment of certain functions in order to solve the set tasks using the powers provided by the police.

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Author Biography

O. Solonenko
Ph.D in Law, Associate Professor, Professor of the Department of Constitutional Law and Human Rights of the National Academy of Internal Affairs, Kyiv, Ukraine

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How to Cite
[1]
Solonenko, O. 1. Police Service as a State Service of a Special Nature. Scientific Herald of the National Academy of Internal Affairs. 107, 2 (1), 212-223.
Section
Law enforcement activities