Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.40 N° 72
Enero
Junio
2022
Recibido el 14/09/2021 Aceptado el 26/12/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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Vol. 40, Nº 72 (2022), 125-144
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal regulation of the police:
international aspects
DOI: https://doi.org/10.46398/cuestpol.4072.07
Maksym Pendiura *
Svitlana Pylypenko **
Nataliia Serbina ***
Maksym Pluhatyr ****
Lina Tovpyha *****
Abstract
Based on the analysis of theoretical developments, provisions
of current legislation, generalizations of police practice and
through the scientic method and philosophical refelexion, the
article reveals the essence of the legal regulation of the police at
the international level. The experience of democracies developed
in the eld of legal regulation of police activities has been studied
to improve the execution of law enforcement functions by the
Ukrainian National Police. To harmonize national legislation in the eld
of management in police forces and units with international standards,
proposals were made to improve the legal regulation of the activities of the
Ukrainian National Police. The common characteristics of police structures
in the countries of the Roman-Germanic legal family have been revealed. In
conclusion, it is based on the desirability of adopting the Polish experience
of structuring and legal regulation of the police forces, without giving them
paramilitary features. It is argued about the advisability of dening in the
Regulations of the National Police the main tasks related to the provision
of police services.
Keywords: police ocers; law enforcement; surveillance; legal
regulation; police services.
* Candidate of legal sciences, Associate Professor, Head of the Department of Theory of State and Law,
National Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-3589-
0184
** Candidate of Legal Sciences, Professor, / Professor of the Department of Civil Law Disciplines, National
Аcademy of Internal Aairs; Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-3346-3840
*** Candidate of legal sciences, Associate Professor, Associate Professor at the Department of Theory
of State and Law National Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.
org/0000-0001-7100-7267
**** Candidate of legal sciences, Associate Professor, Associate Professor at the Department
public management and administration National Academy of Internal Aairs, Kyiv, Ukraine.
ORСID ID: https://orcid.org/0000-0001-5494-6772
***** Postgraduate student, Teacher at the Cycle of Social Disciplines, Kyiv сity medical professional
college №4; Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0003-0625-1188
126
Maksym Pendiura, Svitlana Pylypenko, Nataliia Serbina, Maksym Pluhatyr y Lina Tovpyha
Legal regulation of the police: international aspects
Regulación legal de la policía: aspectos internacionales
Resumen
Basado en el análisis de desarrollos teóricos, disposiciones de la
legislación vigente, generalizaciones de la práctica policial y mediante el
método cientíco y la refelexion losóca, el artículo revela la esencia de
la regulación legal de la policía a nivel internacional. Se ha estudiado la
experiencia de las democracias desarrolladas en el ámbito de la regulación
jurídica de las actividades policiales a n de mejorar la ejecución de las
funciones de aplicación de la ley por parte de la Policía Nacional de Ucrania.
Con el n de armonizar la legislación nacional en el ámbito de la gestión
en los cuerpos y unidades policiales con las normas internacionales, se
formularon propuestas para mejorar la regulación jurídica de las actividades
de la Policía Nacional de Ucrania. Se han revelado las características
comunes de las estructuras policiales en los países de la familia jurídica
romano-germánica. Como conclusión se fundamenta la conveniencia de
adoptar la experiencia polaca de estructuración y regulación legal de los
cuerpos policiales, sin darles rasgos paramilitares. Se argumenta sobre
la conveniencia de denir en el Reglamento de la Policía Nacional las
principales tareas relacionadas con la prestación de los servicios policiales.
Palabras clave: agentes policiales; aplicación de la ley; vigilancia;
regulación legal; servicios policiales.
Introduction
At the present stage of development of our society, the construction
of the rule of law, the role and importance of legal regulation of policing
become especially relevant, because the main feature of the rule of law is a
high legal regulation of social relations.
The purpose of ensuring the realization of citizens’ rights and freedoms in
their relations with the police is to determine the main forms and activities
of their structural units and ocials that would ensure the daily democratic
regime of these relations based on the inviolability of constitutional human
and civil rights and freedoms. The eciency of the investigated type of
activity depends on the perfection of normative regulation of police activity,
clarity of legal prescriptions, existence of the developed system of the
legislation and the corresponding by-laws in this sphere (Kalayanov, 2015).
Ukraine is on the path to integration into the European Community. In
this regard, our state has carried out a number of reforms in the political,
social, economic, nancial and law enforcement spheres, and rst of all -
in the internal aairs bodies. One of the main tasks of these reforms is to
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Vol. 40 Nº 72 (2022): 125-144
improve the system of law enforcement agencies, including law enforcement
agencies. After all, measures to reform the law enforcement system must be
consistent with measures to improve the entire legal system of Ukraine.
At the same time, the main directions of reforming the law enforcement
system should not dier from other components of state and legal reform,
namely parliamentary, administrative, municipal reforms, as well as certain
reforms of the economic and political systems of Ukraine. An important
area in this process is the analysis and implementation of best foreign
experience in the legal regulation of policing.
Ensuring the proper functioning of the modern state as an association
of citizens in society for the purpose of its organization, as well as dening
the priority tasks of development in the initial stages requires clear and
meaningful political and legislative regulations (IN EUROPE On November
7, 2015, the Law of Ukraine “On the National Police” entered into force. This
was the beginning of a new historical round in the development of Ukraine
as a democratic European state. However, at the same time, the state
faced a number of new problems. The functioning of the newly established
National Police in Ukraine involves a large number of issues related to the
legislative and regulatory regulation of this process.
The urgency of these issues is further enhanced in view of the reform of
the law enforcement system that is underway in Ukraine today and which
cannot be successful without a proper general theoretical basis.
1. Methodology of the study
The methodological basis of scientic work were general philosophical
approaches, as well as general scientic, special scientic and own
legal methods. The dialectical approach allowed using the principles of
objectivity, comprehensiveness, development, specicity and dialectical
contrast to substantiate the natural nature of the understanding of the
role of police, to trace the patterns and current trends in their formation
in today’s conditions. Based on the anthropological approach, the essence
of the functioning of the system of police bodies of a democratic state, the
focus of which should be - the individual, his rights and freedoms.
Using the methods of the logical method, the existing approaches in
science to the disclosure of the content of police bodies are generalized.
Using a systematic method, the place of the police in the system of law
enforcement agencies in particular and public authorities in general was
revealed, the content of the system of bodies of the National Police of
Ukraine was claried. The formal-legal method was used during the study of
international documents that determine the standards of law enforcement,
as well as the national legislation of Ukraine, the judicial practice of
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Maksym Pendiura, Svitlana Pylypenko, Nataliia Serbina, Maksym Pluhatyr y Lina Tovpyha
Legal regulation of the police: international aspects
Ukraine on the exercise of its powers by the police. The comparative legal
method allowed to carry out the comparative analysis of practical models
of realization of law enforcement function of the state existing in dierent
countries, etc.
2. Analysis of recent research
Leading scientists such as A. Bilas (Bilas, 2016), D. Kalayanov
(Kalayanov, 2010), O.Negodchenko (Negodchenko, 2003), and M. Pykhtin
made a signicant scientic contribution to the development of the topic
of the law enforcement function of the state and the system of its proper
provision. (Pykhtin, 2009), O. Pronevych (Pronevych, 2011), V. Sichkar
(Sichkar, 2007), D. Bayley, E. Bittner (Bayley and Bittner, 1984), P. Hamula
(Hamula, 2015), R. Mawby (Mawby, 1999) and others.
However, despite the signicant scientic achievements on various
aspects of legal regulation of law enforcement agencies, there is currently
a lack of comprehensive scientic research on this issue in the context of a
new paradigm of policing. Democratic transformations that take place in all
spheres of public life in Ukraine necessitate the study and implementation
of best European practices in the process of legal regulation of policing.
The purpose of the scientic article is to analyze the theoretical aspects of
legal regulation of police activities, in particular in some European countries
and the United States, which will allow to use the positive experience in the
process of reforming the National Police of Ukraine.
3. Results and discussion
3.1. The essence of policing and its legal regulation
It is dicult to trace the names of law enforcement agencies in dierent
countries, because such names are in many cases historical. Moreover,
similar names – police, guards, gendarmerie, constables, marshals, sheris
- in dierent countries may be associated with dierent law enforcement
functions (Medvedev, 2014). Studying the international experience of
the law enforcement system, it is important to establish analogues to the
domestic concept of «law enforcement agency». In European countries, the
criterion for selecting law enforcement agencies from the total mass of state
bodies is, rst of all, the range of tasks, which determines the set of state
bodies called to perform these tasks. Usually, law enforcement agencies
are allocated in accordance with the main functions of law enforcement
(Chetverikov, 1997).
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In continental Europe, the closest term to «law enforcement» is «police».
It is based on the ancient Greek word «polythea», which was borrowed
from Latin and later became widespread in Europe. In the original, it meant
the management of the polis (ancient Greek city), ie public administration
by the modern denition. This «general management» meaning of the
word «police» persisted until the 19th century, when under the inuence
of the rapid development of the modern law enforcement system of many
European countries and their colonies, it gradually «narrowed» to modern
understanding (Mawby, 1999).
In general, the police in the foreign world is one of the oldest state
institutions, the importance of which has always been and remains enormous
for society as a whole and for all political regimes without exception
(Sichkar, 2007). The concept of «police» is a polysemantic phenomenon
and a basic category of modern police law theory. At dierent stages of
the evolution of the medieval state, this category was used to denote «the
state of an orderly society», «management of public aairs», «good order»,
etc. (Pronevych, 2011). D. Kalayanov found out that in the modern sense
the term «police» began to be used relatively recently. Etymologically, the
word «police» is related to the Greek «polis», ie city, and the term «politia»
means the government of the city and the order that it should provide.
For a long time, the term «police» was used in French to denote a set of
administrative measures of the government. The transformation of the
police into a body of law enforcement in the state took place in the era of
absolutism (Kalayanov, 2010).
For countries with an Anglo-Saxon law enforcement system, the term
«police» is also widely used to refer to certain government agencies. At the
same time, law enforcement in general and law enforcement agencies as a
set of institutions are dened by another term - «law enforcement». The
literal translation into Ukrainian sounds like «coercion to law» or «legal
coercion». The police in this system is one of the institutions that exercise
legal coercion. However, it should be understood that in English the word
«enforcement» has a positive sound and means not so much coercion as the
use of force or authority with a certain positive purpose (Hamula, 2015).
In view of the above, the position of KS Belsky, who dened that the
police and police law are mandatory elements without which the existence
of the rule of law is impossible (Bayley and Bittner, 1984), is not in doubt.
We consider it expedient to dwell on the peculiarities of the legal regulation
of police activity. After all, special legal knowledge about the features and
manifestations of law, legal regulation, achieved by jurisprudence, allows
more consciously and accurately clarify social processes that are subject to
legal inuence by the state and require their legal registration while lling
its legal content (Selivanov, 1997 ).
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Legal regulation of the police: international aspects
In the scientic legal literature, legal regulation (from the Latin reguläre
- to direct, organize) means one of the main means of state inuence on
public relations in order to organize them in the interests of man, society
and the state. Legal regulation is a kind of social regulation, which is
provided by a specially created state mechanism.
The main components of its mechanism are: a) the rules of law xed
in laws and other legal acts, which determine the model of possible and
necessary behavior of the subject of public relations (rules of law - the basis
of the mechanism of legal norms); b) legal facts, ie specic life circumstances
associated with the implementation, change or termination of legal
relations; c) the actual legal relations, ie social relations, mediated by the
rule of law; d) acts of realization of the right of obligations of subjects of
public relations, ie actions of their subjects within the limits of instructions
of the corresponding legal norms; e) legal sanctions against violators of the
law (Shemshuchenko, 2007).
The study of the problem of legal regulation of police activities involves
clarifying the range of social relations that arise in it, ie determining the
subject of legal regulation. It covers all social relations, which objectively,
by their nature can be subject to regulatory and organizational inuence
and in these socio-political conditions require such inuence, which is
carried out through legal norms and all other legal means.
A systematic view of the role of law in regulating the police allows us to
conclude that with the help of legal norms receives a legal basis: the system
of powers of police ocers to exercise their rights; forms, types, directions
and admissible limits of police activity; system of objects and subjects of law
enforcement activity of police ocers; distribution of supervisory functions
between units of a particular unit, etc.
Legal regulation of the activities of the National Police is provided
by a signicant number of regulations, which dier from each other in
many respects: name, legal force, procedure for adoption, entry into
force, etc. These include: the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, the Code of Conduct
for Law Enforcement Ocials, and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, inhuman or
degrading treatment or punishment, «Code of Principles for the Protection
of All Persons Arrested or Imprisoned in Any Form», «Basic Principles
on the Use of Force and Firearms by Law Enforcement Ocials», «Paris
Charter for a new Europe», «European Convention for the Protection of
Human Rights and Fundamental Freedoms», etc.
The beginning of the international or global origins of the police began
with the adoption of the Code of Conduct for Law Enforcement Ocials
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adopted approved by UN General Assembly Resolution 34/169 of 17
December 1979, which states in Article 1: law enforcement ocers must
always perform their duties under the law. , serving society and protecting all
people from wrongdoing, in accordance with the high level of responsibility
required by their profession. These provisions can be considered the rst
internationally established foundation for the development of the police
and the cooperation of these bodies between many states.
Article 2 states that in the performance of their duties, law enforcement
ocials must respect and protect human dignity, uphold and protect human
rights in relation to all persons. The article reveals the protection of those
human rights that are dened and protected by national and international
law. The Parliamentary Assembly of the Parliamentary Assembly of the
Council of Europe № 690 (1979) «On the Police Declaration» concluded
that the full realization of human rights and fundamental freedoms
guaranteed by the European Convention on Human Rights and other
national and international instruments is a necessary basis for a peaceful a
society that enjoys the benets of order and public safety (Ilnytsky, 2016).
Recently, the countries of the European Union have signicantly
changed the legal basis for the operation of police services. At present, they
are clearly divided into norms, rules and standards, which are obligatory
for the organization of police services of all members of this community,
and the national police legislation, which is specic to each country of the
European Union, taking into account its specics.
The rst group includes documents regulating the establishment of
the European Police Oce (Council Decision of 06 April 2009 on the
establishment of the European Police Oce (Europol), Council Decision of
28 February 2002 on the establishment of Eurojust to strengthen the ght
against serious crime, etc.). The second group includes national legislation
governing the activities of the police services of each country of the European
Union. Based on these and other acts, the EU police have made signicant
progress in protecting citizens’ rights, combating crime, terrorism and other
oenses, using a variety of activities, mainly administrative and legal, as EU
police services are police (administrative). powers (Kalayanov, 2010).
Foreign experience in the organization of policing proves that the main
elements of the system of legal regulation are, rst of all, the rules of law, ie
mandatory, formally dened rules of conduct that come from the state and
are protected by it. Thus, reforming the system of bodies of the National
Police of Ukraine requires appropriate legal support, which provides for
the development and adoption of new regulations, amendments to existing
legislation, as well as bringing the legal framework in line with international
law on police activities.
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Legal regulation of the police: international aspects
Research of legal bases of activity, structure and functions of bodies
of National police of Ukraine and foreign countries is actualized owing to
need to specify directions of reforming and development of police bodies
and to dene possible ways of borrowing and use of positive experience of
foreign countries for reform and development of bodies of National police
of Ukraine. and the role in law enforcement systems.
3.2. Foreign experience of normative-legal regulation of police
activity
At present, Ukraine must take into account international standards of
legal regulation in the eld of policing and use the experience of foreign
countries that have a positive development and successful reform of law
enforcement agencies, including the police. Let’s analyze the legal regulation
of the police in some countries of the Romano-Germanic and Anglo-Saxon
legal family.
As for the protection of citizens and their property, the maintenance of
public order and the rule of law, in France this is the competence of the
police. The French police consist of two centralized institutions, the National
Police and the Gendarmerie, which have the same powers but dierent
jurisdictions. Thus, the French National Police carries out law enforcement,
patrolling, road control, identity checks; as well as under the supervision
of judicial authorities carries out investigative and investigative activities.
The French gendarmerie is a police force under the Ministry of Defense.
The French gendarmerie is a paramilitary body created to maintain public
safety and is designed to guarantee the protection of the population and
their property. It is also a body of information, prevention and salvation. In
addition to the above tasks, it may be assigned additional responsibilities
related to the armed protection of the population. The gendarmerie
performs the functions of the police in rural areas with a population of not
more than 20,000 population (Law enforcement authorities of France).
According to the 1975 Constitution, power in Sweden is divided into
legislative (represented by the king and parliament), executive (represented
by the king through his ministers) and judicial (courts). Parliament is
responsible for legislative activity and thus sets the framework for policing.
In turn, the police report to the Minister of Justice, who is empowered
to organize its activities. He performs these functions through the Chief
Commissioner of the Swedish National Police, the Police Commissioner in
Stockholm and the Chiefs of Police in the cities. In addition, the Swedish
police work closely with local authorities and citizens to carry out their
tasks (Pykhtin, 2009).
According to the 1998 Regulation on the National Police and the
National Security Service, the police apparatus consists of: the Chief of
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the National Police, the Chief of the Security Service, the Deputy Chief of
the Security Service, the Chief of Police, the Superintendent of Police, the
Senior Superintendent, the Police Commissioner, the Police Inspector and
police constable (Behörighet som polisman).
The main tasks and functions of the police are regulated by the «Police
Act» of 1997, which include: prevention and detection of criminal acts
and other violations of public order or security violations; monitoring of
public order and safety and intervention in case of violation; investigation
and prosecution of crimes subject to public prosecution; providing public
protection, information and other assistance where such assistance can
be provided by the police; completion of activities received by the police
station in accordance with special regulations (Polislag, 1984).
The National Police of the Czech Republic is the only service in
the country that is exclusively in charge of all issues of public safety
and criminal investigations. The structure of the Czech police is in full
accordance with the administrative division of the country. It has 8 regional
and 86 district oces. This most important service for the protection and
enforcement of law and order is the President of the Police. It is directly
subordinated to 4 deputies and 8 regional oces. Each department has its
own operations center, forensic laboratory, and human resources, supply,
and health departments. 86 district administrations mentioned above are
subordinated to the regional administration. The latter, in turn, unite 620
local police units (Police in the Czech Republic).
According to the Czech Police Act of 17 July 2008, the Czech police have
the following functions: police ocers must observe the rules of courtesy
and respect the honor and dignity of both themselves and their own; in
the event of threats or breaches of internal order and security, the police
ocer is obliged to take action within his or her jurisdiction or take other
measures that do not contradict the law; ensure that no one is injured as
a result of the actions of the police; the police, in carrying out their tasks,
cooperate with the armed forces, security forces and other state bodies,
as well as with legal entities and individuals; ensuring the security of
objects, premises and persons protected; prevention of crimes and socially
pathological phenomena; educational activities in the eld of internal order
and security; providing support, care and assistance to victims of crime;
crisis prevention and settlement; carry out work with oenders and persons
with socially pathological or similar behavior with risk (ZÁKON O POLICII
ČESKÉ REPUBLIKY).
In Hungary, issues concerning the structure and functions of the police
are regulated by the Law on Police, adopted in 1994, which organizationally
divides the Hungarian police into the following services: the main ones are
the criminal police; public order police; trac police; administrative police;
police protection of persons and property; special units for combating
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Legal regulation of the police: international aspects
terrorism, airport security, explosives service; police forces, courier service;
auxiliary units – economic, information technology, human resources,
ocial services, legal, medical, secretariat (Bilas, 2016). And the functions
of the Hungarian police are: crime prevention, monitoring of the criminal
situation in Hungary; detection of crimes in the economic sphere and return
of proceeds from crime; prevention and detection of oenses; state powers
and law enforcement responsibilities; maintaining public order; fulllment
of responsibilities for the execution of sentences; provision of emergency
measures, situations, threats of terrorism, etc. (Törvénya Rendőrségről,
1994).
In the context of studying the experience of law enforcement reform,
given the similarity of historical development, it is advisable to refer to the
experience of Poland, Latvia and Estonia.
The legal basis of the Polish police is a special law «On Police» from
06.04.1990, as well as a number of bylaws, namely: the order of the Council
of Ministers «On methods of conduct in the exercise of certain powers of
the police» from 26.07.2005. , the order of the Council of Ministers «About
denition of cases, and also conditions and ways of application by police
of means of direct coercion» from 17.09.1990, the order of the Minister
of Internal Aairs and Administration «About armament of police» from
15.11.2000, the order of the Council of Ministers special conditions and
methods of conduct in the use of rearms by police and the principles of
use of rearms by police departments and subdivisions from 19.07.2005,
order of the Minister of Internal Aairs and Administration «On police
uniforms»from 20.05.2009 (Rozporzadzenie rady ministrow w spra
okeslenia przypadkow oraz warunkow i spobov uzycia przez policjantow
srodkow przymusu be immediate).
According to Article 2 of the Law on Police, the police consists of the
following units: criminal police, investigative police, internal, preventive
and auxiliary police in the organizational, logistical and technical spheres.
The police include the judicial police. The detailed scope of tasks and
principles of the organization of the judicial police is determined by the
Minister responsible for internal aairs, in agreement with the Minister
responsible for justice. The police also include: higher police, training
centers and police schools; separate departments and divisions of anti-
terrorist prevention; research institutes.
The functions of the police in accordance with Article 1 are: to protect
the life and health of people and property from unlawful attacks that violate
these goods; protection of public safety and order, including ensuring peace
in public places and means of public transport and public transport, in
trac and in waters intended for public use; initiation and organization
of measures aimed at preventing the commission of oenses and
criminal phenomena and cooperation in this area with state bodies, local
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governments and public organizations; conducting anti-terrorist activities
within the meaning of the Law of June 10, 2016 on anti-terrorist activities;
detection of crimes and oenses and prosecution of their perpetrators;
protection of facilities that are members of the Council of Ministers, except
for the premises for the Minister of National Defense and the Minister of
Justice appointed by the Minister responsible for the Interior; supervision
of specialized armed defense formations within the limits set by certain
regulations, etc. (Ustawa o Policji).
Thus, the Polish law enforcement system is formed on the basis of
international experience in the operation of law enforcement models, using
its own, special approach. Given the large number of law enforcement
agencies in Ukraine, it is advisable to adopt the Polish experience, including
them in the police, without giving paramilitary features. We believe that
such an approach would greatly simplify the understanding of their essence
and optimize the constitutional and legal regulation of their activities.
The tasks of the Latvian police are to ensure individual and public
safety, to prevent criminal oenses and other oenses, to detect crimes, to
search for perpetrators of criminal oenses, and to provide assistance to
institutions and individuals in protecting their rights. The police structure
includes the state police, the security police, the municipal police and the
port police. At the same time, the state police and security police within
their competence perform their duties in the territory of the Republic of
Latvia, the municipal police in the relevant administrative territory, and the
port police in the ports (Hamula, 2015).
One of the eective reforms of the police in the post-Soviet space is
the experience of police reform in the Republic of Estonia. National police
bodies were formed here during the collapse of the USSR, when the Law
«On Police» of September 20, 1990 (Bilas, 2016) was adopted.
The Estonian police structure consists of: police departments; police
council; police prefectures; national specialized police bodies (central
criminal police, security police, center of criminology and criminology)
(Politseiseadus).
Analysis of the main activities of law enforcement agencies in European
countries shows that the main task of almost all of them is to implement
measures to combat crime. In the structure of all ministries of internal aairs
there are divisions of criminal police (directorates, main departments,
bureaus, departments) (Negodchenko, 2003).
In general, the analysis of regulations related to police activities in
European countries allows us to identify standards and standards that
have become the norm for democracies. Legitimacy, non-discrimination,
compliance with the requirements of a democratic society and humanity
should be considered the main principles in the activities of law enforcement
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ocers. The peculiarity of the implementation of these principles by
European countries lies primarily in certain forms of realization of their
rights and responsibilities by law enforcement agencies (Rudoy, 2004).
The experience of the Anglo-American legal family is also quite specic.
Among the member states of the Anglo-American family, it is rst necessary
to single out England and the United States, which played a major role in
shaping the legal family, as well as Canada, India, Australia, New Zealand
and others.
As for the model of organization of police activities in the United States,
in this country at the general federal level there is no single regulation to
regulate police activities. Therefore, this issue is regulated in the relevant
sections or articles of federal industry laws. The activities of the federal
police are also regulated by departmental regulations - instructions, orders,
guidelines for individual police functions. The regulations governing state
police and local law enforcement agencies are state constitutions and laws,
district law, city charters, and police ordinances of local departments.
The experience of the United Kingdom on the legal regulation of law
enforcement is interesting. In this state, the status and system of state
bodies are enshrined not in the Constitution (the basic law), as in most
countries, but in several regulations and even in other (non-legal) sources,
due to the legal system of Great Britain (Luchin et al., 2012). The police,
which is part of the British Home Oce, play an important role in the life
of English society. The organization of the police as a law enforcement
agency is based on the administrative-territorial division of Great Britain.
The British police are served by a number of central and regional services.
Police functions are also performed by other bodies that do not belong to
the Ministry of the Interior of the United Kingdom.
Thus, in the course of the study, we found that the police structures in
the countries represented in our study have common features, namely the
diversity of police systems and the presence of police bodies in dierent
ministries and departments. The dominant type of police department in the
law enforcement system of democratic countries is the model of «service to
society», which is based on the paradigm of social partnership. The police
ocer should no longer play a repressive and autocratic role, but perform a
positive, supportive function.
3.3. Analysis of the legislation governing the activities of the
National Police of Ukraine
The current legal regulation of the National Police plays an important
role, as the eectiveness of legal regulation in many cases depends on the
perfection of its legal framework, clarity of regulations, the presence of a
developed system of legal norms. Because legal norms ensure: 1) denition
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of the system of police powers; 2) the distribution of functions between units
of a particular body and their employees; 3) consolidation of the system of
objects and objects of police activity of employees.
It should be noted that the legal norms governing police activities are
contained in dierent in form, nature and legal force of regulations. As a
form of existence of legal norms designed to regulate relations in the eld of
law enforcement policing, regulations are a way of xing and their activities
determine their position in the socio-legal dimension of the national legal
system. It is with the help of normative legal acts that the content of legal
norms, provisions of law enforcement practice, as well as in most cases
individual prescriptions, decisions of individual ocials are revealed.
For example, Article 3 of the Law of Ukraine «On the National
Police» states that the police are guided by the Constitution of Ukraine,
international treaties of Ukraine, the binding nature of which is approved by
the Verkhovna Rada of Ukraine, this Law and other laws of Ukraine, acts of
the President of Ukraine. and resolutions of the Verkhovna Rada of Ukraine
adopted in accordance with the Constitution and laws of Ukraine, acts of
the Cabinet of Ministers of Ukraine, as well as acts issued by the Ministry
of Internal Aairs of Ukraine, other regulations (About the national police).
Thus, the current legal norm indicates the legislative and regulatory acts of
Ukraine that regulate police activities and determine the legal status of the
National Police of Ukraine. Also, the Decree of the President of Ukraine «On
the Symbols of the National Police of Ukraine» of December 9, 2015 № 692
established the emblem of the National Police of Ukraine, the ag of the
National Police of Ukraine and ocial ags of territorial bodies, research
institutions of the National Police of Ukraine (ABOUT SYMBOLS).
Today the main tasks of the National Police are dened by the current
legal norms of Article 2 of the Law of Ukraine dated 02.07.2015 № 580-USH
«On the National Police» (Constitution of Ukraine), and in paragraph 1 of
the current Regulation on the National Police approved by the Government
of Ukraine dated 28.10.2015 № 878 (On approval of the regulation on the
ministry of internal aairs), contains other provisions that contradict the
current legal norms of Article 2 of this Law.
In our opinion, it is necessary to amend paragraph 1 of the Regulation
on the National Police, approved by the resolution of the Cabinet of
Ministers of Ukraine of October 28, 2015 № 878. In particular, paragraph 1
of the Regulation should be submitted as follows: «1. The main tasks of the
police are to provide police services in the areas of: 1) protection of human
rights and freedoms, as well as the interests of society and the state; 2)
ensuring public safety and order; 3) combating crime; 4) the provision,
within the limits set by law, of assistance services to persons who, for
personal, economic, social reasons or as a result of emergencies, need such
assistance».
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It should be noted that in recent years in Ukraine the regulatory conict
continues, due to the inconsistency of scientic and legislative approaches
to understanding the essence of police services. The state’s position on the
preservation of the term «police services» in institutional legislation is
currently associated with the dicult prospect of reviewing the legislative,
scientic and practical, including international, experience in the service
activities of the National Police. This indirectly aects both the activities
of the National Police and the attitude of society to its activities. This
state of aairs is unacceptable given the existence in the world of a legally
established mechanism for understanding the essence of police services
and their provision in practice, which Ukraine still follows as a model.
The legal unregulation of the concept and content of police services
is caused by the legislator’s disregard for their basic principles and is not
an obstacle to the current care of the National Police of Ukraine in their
provision. In our opinion, one of the possible, albeit debatable, ways
to resolve this issue would be to remove from the Law of Ukraine «On
the National Police» and related legislation the term «police services»,
limiting the general indication that the National Police provides legislation,
including services, the content, list and procedure for which are determined
by law.
Changes in the regulatory framework, which should occur with changes
in the structure of the Ministry of Internal Aairs of Ukraine, should be
accompanied by appropriate changes to the regulations. However, recently
the changes are reected in only one legal act - the Law of Ukraine «On
the National Police», which is the main normative document of the reform.
This leads to a signicant number of legal conicts and gaps in the laws.
In Ukraine, the eld of police law is at the stage of formation and
denition of its own individual standards, and therefore there is an urgent
need to harmonize the principles of law enforcement of Ukraine with
world standards, which are enshrined in international regulations. The
main European standards of policing are enshrined in Resolution № 690
(1979) of the Parliamentary Assembly of the Council of Europe «Police
Declaration», adopted on 08.05.1979, Recommendation Rec (2001) 10
of the Committee of Ministers to member states of the Council of Europe
«On the European Code of Police Ethics» of 19.09.2001; as well as in the
relevant UN documents – UN General Assembly Resolution 34/169 «Code
of Conduct for Law Enforcement Ocials» of 17.12.1979; Basic principles
of the use of force and rearms by law enforcement ocials, adopted by the
Eighth UN Congress on September 7, 1990.
Based on the analysis of the «Declaration on the Police» from
08.05.1979, the following standards of police activity can be distinguished:
a police ocer must perform his duties honestly, objectively and with
a sense of self-worth; the police are a civil service; the police must ght
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corruption; the police ocer is obliged not to carry out the criminal order;
a police ocer should not assist in the prosecution of persons who have not
committed any crime solely on the basis of their racial, religious or political
aliation; there must be a clear hierarchy of instructions in order to be able
to track a police ocer who has given an illegal order to his subordinates;
the professional, psychological and material conditions in which the police
ocer performs his duties must protect his honor, dignity and impartiality
and others (Declaration on the police: resolution № 690).
In our opinion, these standards should become the main ones in ensuring
the implementation by the National Police of Ukraine of the tasks assigned
to it by the Ukrainian society and the formation of a vote of condence
in the law enforcement system. A clear marker of the real compliance of
police activities in Ukraine with these standards is the public support of law
enforcement, which is provided in the case of achieving publicity, apolitical,
decentralized and decorrupted. The European Code of Police Ethics,
adopted on September 19, 2001, states that the main objectives of the police
are: to maintain public order, ensure law and order in society; protection
and observance of fundamental rights and freedoms of the individual,
enshrined, in particular, in the European Convention on Human Rights;
crime prevention and control; detection of crimes; providing assistance and
services to society.
Some of these standards are partially reected in the Law of Ukraine
«On the National Police», but the main problem of their implementation is
the lack of comprehensive implementation of such standards. For example,
Article 10 of the Law of Ukraine «On the National Police» denes the
principle of political neutrality of law enforcement, this standard is fully
consistent with European practice of organizing police work. At the same
time, there are a number of legal provisions that prevent the implementation
of the principle of depoliticization of the National Police.
In particular, Part 2 of Art. 21 of the Law of Ukraine «On the National
Police» stipulates that the head of the National Police is appointed by the
Cabinet of Ministers of Ukraine on the proposal of the Prime Minister of
Ukraine in accordance with the proposals of the Minister of Internal Aairs
of Ukraine (About the national police). The Ministry of Internal Aairs
controls the activities of territorial bodies, institutions, establishments and
enterprises belonging to the sphere of management (Of the regulation on
the ministry of internal aairs); the Chief of Police reports to the Minister of
Internal Aairs of Ukraine on the implementation of the tasks and powers
assigned to the police (paragraph 5, part 1 of Article 22 of the Law of Ukraine
«On the National Police») (About the national police); Territorial police
bodies are formed, liquidated and reorganized by the Cabinet of Ministers
of Ukraine on the proposal of the Minister of Internal Aairs of Ukraine
on the basis of proposals of the Chief of Police. The structure of territorial
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police bodies is approved by the head of the police in agreement with the
Minister of Internal Aairs of Ukraine (parts 2, 3 of Article 15 of the Law of
Ukraine «On the National Police») (About the national police).
All these powers of the Ministry of Internal Aairs conrm the de
facto existence of the Ministry’s legal powers to organize the activities of
the National Police and control its implementation. At the same time, the
Ministry of Internal Aairs is part of the Cabinet of Ministers of Ukraine,
whose portfolios are distributed among representatives of various political
forces on a quota basis, which gives grounds for concluding that it is
impossible to avoid political inuence on the National Police. Thus, the Law
of Ukraine «On the National Police» needs to revise and amend a number
of its provisions in order to harmonize them with European standards.
We come to the conclusion that it is necessary to revise and change a
number of legal provisions of the Law of Ukraine «On the National Police»
in order to avoid political inuence on this structure. Thus, in order to
accelerate the process of implementation of international standards in the
Ukrainian legal eld, it is necessary to carry out not supercial, but deep and
meaningful reforms, which would be based on a clear legal basis. Therefore,
the urgent task today is to bring all acts in line with European principles of
policing and education of such a new generation of employees.
Conclusions
The study of the legal status of law enforcement agencies of foreign
countries gives grounds to state that the principles of organization,
functions, powers of law enforcement agencies of foreign countries do not
actually depend on the forms of government and territorial organization.
And this is for the reasons that the unity of tasks that are constitutionally
assigned to law enforcement agencies, in particular, ensuring the realization
of public interests of the state and society in the eld of the rule of law is
inherent in the entire law enforcement system.
Given the large number of law enforcement agencies in Ukraine, it is
advisable to adopt the Polish experience, including them in the police,
without giving paramilitary features. This approach will greatly simplify the
understanding of their essence and optimize the constitutional and legal
regulation of their activities.
The common features of the police structures in the countries of the
Romano-Germanic legal family were revealed, namely: the diversity of
police systems and the presence of police bodies in dierent ministries
and departments. The dominant type of police department in the law
enforcement system of democratic countries is the model of «service to
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society», which is based on the paradigm of social partnership. The police
ocer should no longer play a repressive and autocratic role, but perform a
positive, supportive function.
In order to avoid legal conicts, gaps in laws and bylaws, it is emphasized
that any changes in the structure of the Ministry of Internal Aairs of
Ukraine should be accompanied by appropriate changes in legal documents,
not limited to the Law of Ukraine «On National Police».
The expediency of amending the Regulation on the National Police,
approved by the Resolution of the Cabinet of Ministers of Ukraine of
October 28, 2015 № 878, substantiating the main tasks of providing police
services in the areas of: protection of human rights and freedoms, as well
as the interests of society and the state; ensuring public safety and order;
crime prevention; providing, within the limits established by law, services
to assist persons who, for personal, economic, social reasons or as a result
of emergencies, need such assistance ”.
In order to legally regulate the concept and content of police services,
arguments are given to remove the term «police services» from the Law
of Ukraine «On the National Police» and related legislation, limiting
the general indication that the National Police provides, within the law,
including services, the content, list and procedure for which are determined
by law.
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