A declaration of permanent incapacity to serve as a condition for compulsory dismissal of a police officer from service

Abstract

The article analyzes the issue of permanent incapacity to work, which is the premise for obligatory dismissal of police officers from service. The reflections are aimed at showing to what extent the statutory regulations in this area should be considered justified. Questions were raised as to whether the catalog of reasons for dismissing an officer from service is a closed catalog. The author referred to the above issue more broadly, indicating whether this catalog exhausts all situations that may constitute the basis for termination of the employment relationship of a police officer, making a distinction in this respect when the employment relationship ends as a result of an act performed by one of the parties to the employment relationship and cases where termination of employment occurs ex lege. The author referred to the nature of the personnel order which was the basis form dismissal from the service of a police officer due to the fulfillment of the condition of permanent incapacity for work confirmed by a medical certificate. The article discusses in detail the issues related to dismissal from service, the admissibility and obligatory application of the consequences in the event of prerequisites, as well as the legitimacy of such a solution. The issues of finality and validity of the decision of the medical commission, which constitute the basis for issuing a personal order on dismissal from service, were also discussed. ASJC: 3308, JEL: K31