Problems of normative and legal regulation of implementing disciplinary proceedings in law enforcement agencies of Ukraine

Abstract

The current legislation on the implementation of disciplinary proceedings in law enforcement agencies has been analyzed and it has been established that nowadays it requires the review and systematization. The author has offered to determine the tasks of disciplinary proceedings in the law on disciplinary liability of law enforcement officers, namely: a complete, comprehensive and objective investigation of the circumstances of the case; analysis of the characteristics of the person who committed a disciplinary offense; the punishment of a person and his correction; reimbursement of damages caused by misconduct; preventive work in regard to the non-commission of such disciplinary offenses in the subdivision; eliminating the causes and conditions that contributed to the disciplinary offense. It has been indicated on the need for a clear definition of the list of acts subject to the features of disciplinary misconduct and liability for them. The author has substantiated the necessity of legislative consolidation of the list of circumstances, which mitigate and aggravate the disciplinary liability. The need for legislative consolidation of the stages of disciplinary proceedings against law enforcement officers has been determined. Special attention has been paid to the necessity of legal regulation of the requirements for documentary registration of materials of the official investigation.

Taking into account the imperfection of the current legislation on the implementation of disciplinary proceedings in law enforcement agencies, as well as the similarity of the procedure and organizational principles of the implementation of this procedure in various law enforcement agencies, the author has offered to approve the Law of Ukraine “On the Disciplinary Statute of Law Enforcement Agencies”, which will cover the employees of the National Police of Ukraine, Security Service of Ukraine, the National Anti-Corruption Bureau of Ukraine, the State Fiscal Service of Ukraine, the State Border Guard Service of Ukraine, The National Guard of Ukraine and the State Penitentiary Service of Ukraine. The procedure for the implementation of the provisions of the said statute will be detailed in the relevant instructions on the procedure for conducting official investigations, elaborated taking into account the specifics of service in certain law enforcement agencies.