Право і безпека (Dec 2021)
Theoretical and legal problems of the National Police of Ukraine employees` certification
Abstract
To clarify the essence and content of the concept “certification” a number of general theoretical approaches to the interpretation of this scientific category has been revealed. It has been proposed to understand the certification of employees of the National Police of Ukraine in different meanings: broad and narrow. The key features of attestation have been highlighted, which, in turn, include the fact that it is: 1) a legal procedure that is regulated and carried out primarily on the basis of the legislation, in particular general labor; 2) the procedure for assessing not only the qualifications, but also the business, political, psychological, moral and other qualities of the employee, which one must have to perform the duties; 3) a procedure that entails certain legal consequences in the form of a change or termination of labor relations between the employee and the employer. Based on the analysis of the current legislation, the shortcomings of the certification of police officers include the following. Firstly, the current attestation procedure is mostly disciplinary, as for most reasons it is used to decide on the future career of a police officer who has been the subject to a disciplinary sanction in the form of misconduct. Secondly, the attestation procedure does not provide for the obligatory involvement of representatives of the personnel support units of the police bodies in the attestation commissions, although in general attestation it is an important part of staffing. Thirdly, the legal framework governing the attestation procedure does not impose on attestation commissions the obligation to investigate the identity of the police officer being attested in the decision-making process, but only declares the need to take such information into account. Fourthly, the legislation on the police does not establish the principles and requirements for the procedure of attestation of NPU employees and does not include in its content the principles of general labor regulation of labor relations, therefore, this procedure could potentially violate the labor rights and responsibilities of police officers. The directions of the above-stated problems decision have been offered, which provides for changes and additions to both general and special labor legislation.
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