Baranovskiy O. Organizational and legal principles of formation and activity of the militia of independent Ukraine (1991-2015): historical and legal research

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U004800

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

28-10-2019

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The comprehensive analysis of organizational and legal principles of the formation and activity of the militia of independent Ukraine during 1991-2015 was carried out on the basis of scientific literature, legislative acts, normative legal acts, archival sourses, analytical and statistical materials. The historical and legal literature on the topic of the thesis is analyzed, the characteristic of source and historiographical foundation is given, the methodological basis of the dissertation research is defined. The features of formation of the legislative framework of militia in the context of formation processes are highlighted. The organizational management of MIA of Ukraine as for development of regulatory framework of militia system in the main areas of official activity is analyzed. The organizational management of government authorities, MIA of Ukraine as for establishment of control system, organizational staff structure of militia bodies and units is analyzed. It is justified that government departments, MIA of Ukraine established the unified management system and organizational staff structure of militia as a component of internal affairs system. It was proved that during the years of independence, the Ministry of Internal Affairs did not change the militarized organizational structure of the militia, inherited from the former USSR, which, at the end of its historical period, was characterized by imperfection of the management system, duplication of the functions of different units; permanent underfunding of the principal directions of activity of the militia services; poor social security of militia employees that resulted in systemic corruption, extortion, criminal abuse of authority, and low efficiency of the militia in crime counteraction. The regulatory framework and the main activities of staffing, training of specialists and training development of militia personnel, ensuring discipline and legality of militia activity is characterized. It is noted that the leadership of the Ministry of Internal Affairs made repeated attempts to reform the personnel policy in bodies and units of Ukrainian militia but these reforms did not reach their ultimate goal. The work features of main militia services in priority areas of operational activity as for counteraction to common criminality and organized crime, economic crime, drug crime, counteraction to human trafficking and cybercrime are disclosed. The activity of the leadership of the Ministry of Internal Affairs of Ukraine as for creation of a regulatory framework and organizational support of Special Police Patrol Units activity in the context of anti-terrorist operation in the east of Ukraine during 2014-2915 is considered. The historical experience of Ukrainian militia activity is generalized, the main reasons that led to necessity of its transformation into a European-style law enforcement agency – the National Police of Ukraine-are defined. The main of these reasons are the repressive activity content and paramilitary format of militia, bulky and ineffective structure and system of departmental management, politicization of tasks that caused deprofessionalization and corruption of militia personnel; the inability of the Ministry of the Internal Affairs leadership to reform militia according to the basics of democracy and rule of law; lack of effective public control and effective mechanism for responding to complaints from citizens as for illegal actions of police officers; regular underfunding, poor condition of material technical support of its activity, low level of social protection of police officers. On this basis the ways to improve regulatory support of activity and functional structure of the National Police of Ukraine bodies are suggested.

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