Troian V. Public service activity of the National Police of Ukraine: administrative and legal framework

The thesis is devoted to the analysis of the nature and features of public service activity of the National Police of Ukraine. The author's approach to understanding the concept of "service state" is offered. It is substantiated that the National Police is one of the key subjects of public service activity. The place and features of the National Police in the system of subjects of public service activity are specified. The signs of the National Police bodies that determine their belonging to the subjects of public service activity are outlined. It is proposed to consider the public service activity of the National Police in a broad and narrow sense. In the broad sense, the public service activity of the National Police is a purposeful, normatively defined activity of the National Police bodies and divisions aimed at performing both law enforcement and service functions of the state, the content of which is to change the ideology, forms and methods of the latter with the mandatory definition (restriction) of coercive competence only at the legislative level. If we consider the public service activity of the National Police in the narrow sense, it is an activity aimed at providing administrative services in the field of public safety and order, carried out at the request of individuals and legal entities and aimed at acquiring, changing or terminating rights or duties in the relevant field of public relations. It is proved that such an approach provides an opportunity to fully reveal the transformation processes that are taking place during the reform of the National Police, the purpose of which is to create a law enforcement body of the European level. It is argued that a characteristic feature of the police as a subject of public service activity is the provision of police services. The author's definition of this concept is formulated and it is proposed to make appropriate amendments to the law of Ukraine «On the National Police». The main tasks of the police as a subject of public service activity that provide police services are outlined and their content is revealed. The administrative procedures for the implementation by the National Police of public service activity for the protection of human rights and freedoms and the interests of the state are characterized. Forms and methods of public service activity of the National Police are outlined. The main features that are inherent in them are highlighted. It is proved that the guarantees of the implementation of public service activity by police officers are that only with the presence of appropriate legal, organizational, financial, material and technical and other conditions and certain measures, the full, timely and proper execution by policemen of their powers is possible. Analysis of the content of various administrative procedures for the implementation by the National Police of public service activity for the protection of human rights and freedoms and the interests of the state made it possible to identify the following main types: 1) permitting administrative procedures for the implementation of public service activity by the National Police; 2) relatively established administrative procedures for the implementation of public service activity by the National Police; 3) contractual administrative procedures for the implementation of public service activity by the National Police.