Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers
Abstract
The problem of restricting labor rights and freedoms, which is an important area of research for both domestic and foreign scholars, has been studied. International and national legislation on the establishment of restrictions on police officers while being recruited and during their service has been analyzed.
The author has carried out analysis of the norms of general and special legislation regulating the official activities of police officers, such as restricting the rights of police officers and establishing a ban on certain activities. The materials of judicial practice and scientific views of scholars on this issue have been studied.
Based on the conducted analysis the author has offered to combine all prohibitions and restrictions into four blocks unequal in scope and nature of the impact on individual rights: a) prohibitions and restrictions of a political nature; b) prohibitions and restrictions of an economic nature; c) restrictions arising from the specifics of the police service and its special nature; d) prohibitions and restrictions in the field of mass media and freedom of speech.
It has been clarified that the problem of legalization of restrictions on the rights and freedoms of police officers and a number of criteria that a police officer must meet has been properly regulated by international regulatory legal acts.
The author has revealed some gaps in the legislation that limit the rights of a police officer during his service in the police. The problematic aspects of the legal consolidation of restrictions for police officers include their vague wording and ramifications in various legislative acts that is the basis for inconsistencies and legal misunderstandings. In this regard, all the criteria, restrictions and legal definitions to them, which are provided for the police officer, should be enshrined in a separate Section of the Law of Ukraine “On the National Police”.
The author has suggested the ways to improve and amend the current legislation regulating the establishment of restrictions for police officers during their service. The implementation of international law into national legislation and the adoption of positive European experience should be more balanced and should take into account the specifics of national achievements.
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References
Savchyn M.V., 2019. Equivalent constitutional law [Porivnialne konstytutsiine pravo]. Kyiv: Yurinkom Inter.
Kosilova O.I., 2020. Theoretical and practical aspects of restriction of rights and freedoms: domestic and foreign experience [Teoretychni ta praktychni aspekty obmezhennia prav i svobod: vitchyznianyi ta zarubizhnyi dosvid]. Ìnformacìâ ì pravo – Information and Law, No. 3, pp. 26-33.
Bortnyk S.M., 2017. Special labor legal personality of police officers [Spetsialna trudova pravosubiektnist politseiskykh]. Pravo bezpeka, No. 1, pp. 90-95.
Khan O., 2019. Measures to prevent and combat corruption in the police [Zakhody zapobihannia ta protydii koruptsii v orhanakh politsii]. [online] Fond Mistsevoi Demokratii. Available at http://fmd.kh.ua/news/zahodi-zapobigannya-ta-protidiyi-koruptsiyi-v-organah-politsiyi.html [Accessed 3 September 2021].
Copyright (c) 2021 S. M. Bortnyk
This work is licensed under a Creative Commons Attribution 4.0 International License.
