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УДК 351.741 ДС72554
Organizational and legal basis for the creation
AND ACTIVITIES OF UKRAINIAN MILITARY POLICE
The work was carried out in the Azov Department of the
The reviews of the doctors of the legal sciences officially protected by the Ph.D. in the specialty 12.00.07 in Academy of Tax Service of Ukraine (Ірпінь, 2001) and The review’s VASILIEV A.V. - Doctor of Economics, head. sector (1993-1998) and organizer of the Mariupol Branch of the Institute of Economic and Legal Studies of the National Academy of Sciences of Ukraine (1995-1997), Chairman of the Scientific Council of the IEPI NAS of Ukraine in Mariupol (1996-1997).
The leading organization is the Azov Department of the
Discussion will be held on 19.11.2016. at 14-00 o'clock at the scientific seminar of the Azov Department of the Academy of Economic Sciences and Entrepreneurship and the Academic Council of the Institute of Economic and Socio-Cultural Studies (DFC and DSC of the NAS of Ukraine)
With a thesis in the form of a scientific report, you can see in the library of Bakhmut
The thesis in the form of a scientific report was sent to "_21__" ___ May ___ 2016.
The Scientific Secretary of the Institute of Economic and Socio-Cultural
Research (DFC and DNC NAS of
General description of work
The development of
The leading role in ensuring national security of
Legality, being one of the leading principles of military development, can be approved and constantly maintained as a mode of functioning of the organs of the national military organization only in the conditions of modern regulation and skillful and responsible implementation of general administrative supervision of all its components by special state bodies whose system in Ukraine needs improvement in accordance with the best world standards inherent in the member states of the North Atlantic Skogen NATO alliance.
The leading element of this system in Ukraine should be the military police Ukraine, the state law enforcement agency of inter-sectoral competence, which must be created in the context of reform measures, and in essence, the creation of a modern system of military law enforcement bodies. The basis for the development of the military police in
The purpose of the creation of the Military Police Ukraine should be the practical implementation of the requirements of Article 3 of the Constitution of Ukraine on the priority of human rights and freedoms in Ukraine and on the responsibility of the state for their provision in the sphere of national military construction by protecting the legal and social status of servicemen of the Armed Forces of the Ministry of Defense of Ukraine, border guard service of Ukraine, the National Guard of Ukraine, the State Emergency Service, the State Special Service communication and information protection of Ukraine, the State Special Transport Service, other military formations formed in accordance with the laws of Ukraine, special purpose law enforcement agencies whose activities in accordance with the Constitution and laws of Ukraine are aimed at protecting national interests from external and internal threats to the national security of Ukraine, for the prevention and control of crimes and offenses, encroaching on the normal organization and functioning The organization of the military organization of Ukraine, in particular - among servicemen and in the territories of military units, as well as for effective solution of other tasks of law enforcement and national military development in the conditions of anti-terrorist operation, constitutional and administrative reform in Ukraine.
Relevance of the topic. The temporary occupation by the Russian Federation of part of the territory of Ukraine-the Autonomous Republic of Crimea and the city of Sevastopol, the incitement by Russia of an armed conflict in the eastern regions of Ukraine and the destruction of the system of world and regional security and the principles of international law, the need for systemic reforming of national statehood in accordance with the best European and world standards, state programs of military construction and combating crime are put forward as one of the priority for Achi intensify administrative reform in the military-legal field.
The military organization of
The main thing for the spontaneity, proximity to the milieu of the military, in terms of the volume and intensity of law enforcement influence, and other factors, the national military police should occupy a place among the system of such bodies in
Studies of the current system of the Military-Law Enforcement Authorities in
An important stage in this reform should be the creation of Ukraine's military police, the study of the organizational and legal foundations of which must be organized on the basis of an analysis of the best international experience and taking into account the specifics and needs of activating the constitutional and administrative reform in Ukraine, the provisions of the National Security Strategy of Ukraine, the National Military Doctrine and other guidelines, the implementation of which will effectively counteract the aggression on the part of the Russian Federation, ich Ukraine criteria necessary for membership in the European Union and North Atlantic Treaty Organization, to ensure the equal and mutually beneficial cooperation in the military and economic spheres with all interested Partner countries.
An urgent need for common task of scientists in law enforcement and military branches, relevant practical workers, representatives of human rights defense structures and other institutions of civil society is the justification of the need to create a military police of Ukraine, defining its concept, tasks, structure, functions, competence, development principles, legal bases of activity, places in the system of national law enforcement bodies and other attributes that in the systemic form suggest in the draft law on the topic research.
The state of the scientific development of the problem is characterized by the fact that the organizational and legal foundations for the creation and operation of the Ukrainian military police were the subject of a dissertation study carried out at the Donetsk Institute of Internal Affairs of the Ministry of Internal Affairs of Ukraine and publicly defended at the Academy of the State Tax Service of Ukraine on December 7, 2001. The study materials were not properly taken into account in the practical development of the relevant system of law enforcement agencies responsible for the legality of the activities of military formations. This can be explained not only by the generally accepted beliefs at the time about the irrelevance of Ukraine's national military development, but also by the views of the leadership of the Ministry of Defense of Ukraine on the problems of creating a military police (the police), which in his opinion should be organized solely in their subordination and monitor the legality of their activities , while being subordinate structure. Such views have not undergone a significant transformation to this day.
The present structure - the Military Service of the Law and Order of the Armed Forces of Ukraine was created exclusively through the internal management of the service of the troops and the regime of the Main Staff of the Ground Forces of the Ministry of Defense of Ukraine (responsible Colonel Pronoza AO) in the closed from the scientific community, from practitioners in the field of law enforcement in the army and from society mode. Subsequently, such developments were embodied in the draft law "On the Military Service of the Law and Order of the Armed Forces of Ukraine", which was lobbied in the Verkhovna Rada of
Scientific developments, which could result in integral representations as the organizational and legal basis for the creation of the Ukrainian military police, as well as the directions of its activities, were considered irrelevant and unpromising, and practically ceased.
Purpose and objectives of the study. The main objective of the research is to scientifically determine the organizational and legal foundations for the creation and operation of the Ukrainian military police, the disclosure of its administrative and legal nature, the legal basis for the creation and activities, competence, functions, places in the system of state and law enforcement agencies, activities, government, local government, non-state sector institutions, military personnel and other citizens, and on this basis - in the development of odov, recommendations and suggestions for practical work on the restructuring of its organization and functioning.
A specific goal involves the following tasks:
- To elucidate the social and political necessity of creating a military police of Ukraine and the scope of this concept, the constitutional and legal prerequisites for the formation and the main directions of its functioning in the context of the temporary occupation by the Russian Federation of part of the territory of Ukraine - the Autonomous Republic of Crimea and the city of Sevastopol, the inciting by Russia of an armed conflict in the eastern regions of Ukraine and the destruction of the system of world and regional security and the principles of international law;
- Analyze the views in the scientific literature regarding the ways of creating the military police of Ukraine and its main parameters that will allow the state body to carry out tasks to ensure the rights, freedoms and other elements of the legal status of a person and citizen in connection with the organization and functioning of military organization;
- To study the experience of the organization and functioning of military police of the developed democratic states of the world of NATO from the point of view of the possibilities of its use in creating and setting up the activities of the bodies of the national military police of Ukraine;
- To determine the place of the Ukrainian military police in the system of state law enforcement agencies and military authorities, the role in ensuring the rights and freedoms of servicemen and other citizens, as well as in approving the regime of legality of the activities of military formations of Ukraine;
- To clarify the organizational and legal modern prerequisites for the creation of the military police of Ukraine with the purpose of determining the basis for its development, as well as the regulation of its concept, the principles of creation, directions of functioning, structure, competence, functions and other parameters that the bill proposes in the research topic.
The object of the study is the social relations that develop in the process of creating, developing and organizing the activities of the Ukrainian military police.
The subject of the study is the organizational and legal basis for the creation and operation of the Ukrainian military police.
Among the organizational foundations is the definition of the range of forces and resources involved in the establishment of this institution, the basis for the creation and development of military police bodies, the basis for personnel and resource support for its activities, interaction with other government bodies, with military command of various departmental affiliations, with institutions civil society, with military personnel, with individual citizens, and the like.
The legal basis for the creation and activities of the military police of
Methods of research. The theoretical and methodological basis of the research is a system of complementary philosophical, general scientific and special methods designed to obtain reliable objective results.
The theoretical basis of the research is the analysis of the main problems from the standpoint of systemic and structural-functional approaches. The main source of research is the factual data on its subject matter, as well as legal acts and drafts of such acts in the military-law enforcement sphere.
The methodological basis of the research is a set of methods for collecting, analyzing and processing actual and empirical information, including: general scientific, comparative-retrospective, system-theoretical, structural-functional and concrete historical analysis of foreign and domestic sources; studying of the documentary information of bodies of the government and management under offers on creation and the organization of activity of military police; methods of forecasting, extrapolation, modeling.
The scientific novelty of the results obtained is that for the first time in the science of viticulture, a comprehensive study of the organizational and legal foundations for the creation and operation of the Ukrainian military police has been carried out. This allowed to substantiate a number of practical provisions, conclusions, recommendations and proposals:
- For the first time on the basis of an analysis of the world's best practices and taking into account the specific historical conditions of the current stage of Ukraine's development, an integrated concept for the organization and functioning of Ukraine's military police, its place in the system of state bodies and the role in restructuring the foundations of the rule of law in Ukraine;
- The essence of the military police of Ukraine as a state law enforcement body designed to provide legal and social protection of servicemen and other citizens and people for the prevention and control of crime among servicemen and on the territories of military units is specified;
- For the first time, the foundations of state administration of the Military Police of Ukraine, as a state law enforcement agency of inter-sectoral competence, have been developed by the bodies of the triune state power. The directions of its business cooperation with other law enforcement agencies, with the bodies of military management and institutions of civil society are determined and justified, which will become the key to transparency of its activities for the society and a factor in ensuring public control over it;
- The understanding of the base for the creation of
- For the first time, the organizational and legal bases for the creation and operation of the Ukrainian military police have been developed. Among the organizational foundations is the definition of the range of forces and resources involved in the establishment of this institution, the basis for creation and development, the basis for personnel and resource support of activities, interaction with other government bodies, with military command of various departmental affiliations, with institutions of civil society, with servicemen, with individual citizens, etc .;
- The basis for the administrative and territorial development of the military police, the forms and methods for ensuring the legitimacy of the activities of the military police of Ukraine and its employees, the role of self-control as an expression of the complex of personal moral and strong-willed qualities of workers, in ensuring the legality of this activity;
- For the first time, the concept of spiritual education of military police officers as the basis for their moral and psychological preparation was proposed. The proposed subjects of this activity and its methods;
- The role of the military police in strengthening the rule of law, order and military discipline in units and formations of the Armed Forces and other military formations established on the basis of the Constitution and laws of Ukraine, which take part in the antiterrorist operation in certain areas of the Donetsk and Lugansk regions and on the state border between Ukraine and Russia, passes through the Azov Sea;
- The forecast of its positive results for increasing the effectiveness of the functioning of the military organization of
The legal basis for the creation and operation of military police in
The practical significance of the results obtained is determined by the fact that on their basis, in combination with other scientific developments of this area, practical activities will be carried out to create and develop military police organs of
The obtained research results can be used:
- In lawmaking, the theoretical background for the development of proposals for the development of national legislation, as well as coordinated measures for its improvement for the establishment of the functioning of Ukraine's military police, and the formation of a modern system of state law enforcement bodies at the level of standards of the legal civilized state are presented;
- In law enforcement, the results of this study will contribute to the practical implementation of the requirements of i provisions of legislation regulating the legality in the field of military construction in Ukraine, contributes to the enhancement of guarantees for the legal and social protection of servicemen and other citizens and people;
- In the educational process, research materials can be used to write textbooks, teaching aids, lecture courses, as well as during the direct organization and conduct of classes.
The main theoretical positions and developments of this work, in particular those that determine its scientific novelty and practical effectiveness, obtained by the researcher personally.
The conducted researches made it possible to develop a modern scientifically grounded, theoretically applied methodology for the creation and development of the military police of Ukraine under conditions of the temporary occupation by the Russian Federation of part of the territory of Ukraine-the Autonomous Republic of Crimea and the city of Sevastopol, the incitement by Russia of an armed conflict in the eastern regions of Ukraine and the destruction of the system of the world and regional security and principles of international law, the activation of constitutional and administrative reform, and scientific work of the problem.
Approbation of results. The main provisions and conclusions of the study were tested by the author during the conferences: International Scientific and Practical Conference "The General Declaration of Human Rights as the International Standard of the Legal Status of the Individual in Ukraine" (Lugansk, April 16-21, 1999); Scientific-practical conference with international participation "Administrative-legal and criminological aspects of the activity of law-enforcement bodies of border regions" (Lugansk, May 25-26, 2000); VIII International Scientific and Practical Conference "Transnational Crime: Countermeasures Measures, Problems of Training Law Enforcement Personnel" (Kharkov, June 10, 2000) International Scientific and Practical Conference "The Role of Science, Religion, Society in Forming a Moral Personality" (Donetsk, June 19-20) 2000).
The conclusions and provisions developed by the author personally were also tested during the preparation of lectures at the Academy of the State Tax Service of Ukraine (Act No. 1 of June 30, 2000) and at the Lugansk Institute of Internal Affairs of the Ministry of Internal Affairs of Ukraine (Reference No. 695 of March 19, 2001).
Publications. The main results of dissertational research are outlined in five scientific articles in specialized scientific journals and a collection of scientific papers.
THE CONTENT OF THE WORK
The essence of the scientific problem is related to the need to develop the main parameters of the military police of Ukraine with the purpose of its creation and development to optimize law enforcement activities in the sphere of national military construction, the relevance of which acquired systemic importance after the illegal annexation of the Autonomous Republic of Crimea and the intensification of military operations in certain regions of Donetsk and Lugansk regions on the part of the Russian Federation.
The study of the foundations of the creation and activities of military police in
The first section "Theoretical background for the creation of Ukraine's military police" contains attempts to understand the role of the military police in strengthening the foundations of state and military construction in Ukraine, analyzing the first steps towards the creation of military militia in the former USSR, and later in independent Ukraine.
Attention is drawn to the analysis of attempts by the highest state leadership of the former
Considerable scientific interest is provided by factual information on the historical and legal aspects of the organization of development and the main models of the activities of the military police of the United States, Germany, France and other developed countries of the world, makes it possible to assess not only the socio-political and organizational prerequisites for the creation of the Ukrainian military police, but also organization of its activities in various conditions, including during the conduct of anti-terrorist operations and military conflicts.
So the US military police, which was formed during the civil war, has its tasks to support order and discipline in garrisons and bases, and, if necessary, to eliminate unrest among the population; protection of objects within their competence; the investigation of crimes committed by servicemen; regulating the movement of military transport; Participation in the education of personnel together with the military command. The organizational and territorial development of US military police meets the requirements of military doctrine, block status, the place and role of this state in the world.
The military police of
The military police of the Federal Republic of Germany fulfill the tasks of ensuring the security of the deployment of the national armed forces and the operational maneuver of the NATO armed forces. It helps to restore and maintain order and military discipline, prevent criminal actions against military targets.
A significant part of the duties of the National Gendarmerie of France is aimed at solving the tasks inherent in the military police.
In the context of intensified administrative reform and the need to implement the state program for the development of the professional Armed Forces in accordance with NATO standards until 2020, the state and society not only developed objective requirements for optimizing military law enforcement activities, but also created the prerequisites for the creation of Ukraine's military police, as an indispensable component of security the rights and freedoms of servicemen, the legality of the activities of national military formations in the conditions of conducting a hybrid war with one hundred Russian ones, permanent military provocations, annexation and occupation of a large part of the territory of our state.
Among the social and political prerequisites, the most important are the need to strengthen the defense capability of Ukraine through the establishment of the rule of law for the organization and operation of military formations, the prevention and control of crime, the strengthening of guarantees for the social and legal protection of servicemen and other citizens and people, and the enhancement of the legal culture of servicemen. Among the dialectically connected with socio-political organizational and legal prerequisites is the gap in the system of state law enforcement agencies responsible for the installation and constant maintenance of the legal regime in the territories of military units and among servicemen fulfilling their official duties. In this connection, the requirement of the Supreme Commander-in-Chief of the Armed Forces of Ukraine and the President of Ukraine on imposing a firm constitutional order in the troops and strengthening the rule of law is incompletely implemented: uncooperative relations between servicemen continue, evaders from conscription and evasion from the established order of its passage, theft of military property , weapons and financial resources, corruption and abuses among the commanding staff of military formations, other illegal activities phenomenon.
The creation of the military police is an objective necessity for the successful implementation of state and military construction programs, for the creation in
The second section "Organizational bases for the development and development of
(the work can be found in the library at the place of discussion)
The thesis provides a theoretical generalization and a new solution to the scientific problem that manifests itself in the study of the organizational and legal foundations for the creation and operation of the Ukrainian military police, namely:
- Only a coherent system of state bodies in cooperation with civil society institutions can fulfill complex and multifaceted tasks of protecting the individual security of the individual, the rights, freedoms and lawful interests of servicemen and other citizens in a democratic democratic state. The leading role in this system should belong to the military police of
- The basis for the development of
- The base for the creation of the military police should consist mainly of the available material and technical and partly staff resources of the Ministry of Defense of Ukraine, as well as available personnel, information, methodological and other significant resources of the Ministry of Internal Affairs of Ukraine, which, as a result of the relevant decision of the President of Ukraine, will be attracted for development and the establishment of the functioning of Ukraine's military police;
- The structure of the Ukrainian military police should be based on the creation of the Main Directorate of the Military Police of Ukraine and subordinate regional offices that perform the functions of the military police directly in the four districts of the military police, for which it is necessary to divide the territory of the state. The regional administration proposes to subdue the military police departments, which create large military garrisons on the basis of military commandant's offices, as a rule, in regional centers. Departments, in turn, will have subordinate offices, and if necessary, also a military police station in the garrison and in separately dislocated military formations and military units. Previously proposed developments on the creation of
- The impartial and objective activity of the Ukrainian military police is possible only if it is submitted to the President of Ukraine as the Supreme Commander of the Armed Forces of Ukraine, who will manage it through the Chief of the Military Police of Ukraine, appointed by him, independent of his activities from the head of any military department of Ukrina , the administrative supervision of the legality in which the military police Ukraine must carry out. The proposed approach differs from the previous ones, which consisted in proposals to subordinate the military police to the Minister of Defense of Ukraine, or to the Minister of Internal Affairs of Ukraine;
- The main directions of the functioning of
- At the heart of educational work with military police should be the formation of high spiritual qualities, and its subjects - military chaplains, working independently of the military command, should be the main factor providing unified command of a legitimate civilized species and the leading link connecting the military and navy environment with the institutes civil society whose functioning in the sphere of military organization is an important guarantee for the personal safety of servicemen and other citizens, their rights, freedoms and legal nteresov;
- Security of the personality of a military police officer as a state of protection of her vital interests and minimal risk in the course of her official activity is achieved by a set of measures to create normal conditions of service and recreation, constant education and training of workers, and the creation of a special operational unit whose activities must be directed to identification and neutralization of threats to military police and their family members in connection with the performance of the first official duties;
- Information support for the activities of military police, the central point of which should be the effective use of information to make management decisions of external and internal nature, has to occur through the creation and constant formation of its own information array in conditions of organized access to other information sources with constant information exchange with interested agencies ; work with documents in the military police of Ukraine should provide for the standardization of office work and the establishment of documentation and document management using modern technical and technological achievements;
- The Law of Ukraine "On Military Police", which will determine the status and organization, subordination, structure, legal bases of activity, competence, functions, and the peculiarities of the personnel policy should become the legal basis for the creation and development of the military police of Ukraine. Among the ways of forming legal bases for the activities of the military police is to introduce changes and additions to the current legislation, as well as use of existing normative and legal acts;
- Means of ensuring legality in the activities of the military police of Ukraine and its employees, along with the prosecutor's supervision, should be presidential and parliamentary, judicial and departmental control, self-control of workers, work on responding to citizens' appeals, prompt escort by the Security Service of Ukraine, control over parties of public organizations, social control.
List of works published by the author on the topic of the dissertation
1. Scherbatykh V.Yu. On the establishment of the military police of
2. Scherbatykh V.Yu. Reforming the system of state law enforcement agencies and the creation of
3. Scherbatykh V.Yu. On the idea of creating a military police of
4. Scherbatykh V.Yu. The creation of military police is a necessary condition for reforming the system of law enforcement agencies of
5. Scherbatykh V.Yu. The creation of the military police of
|Категория: Law-Preservation-labour / "Все богатство из Труда"(Библия) по Закону Сохранения Труда | Добавил: Vasiljev (2017-12-10) | Автор: Scherbatykh Viktor Yurievich|
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