The dissertation is devoted to the study of the nature of police service relations and the peculiarities of the police service contract, as well as the development of ways to improve the national legislation that regulates service relations in the National Police of Ukraine under a contract.
It was noted that the relationship with the completion of service in the National Police of Ukraine is characterized by a number of features in view of the tasks and functions performed by the specified law enforcement body. The legal regulation of these relations is of great importance, because it is thanks to it that social relations are transformed into legal relations, that is, their legal consolidation, regulation, protection and development are carried out.
Attention is drawn to the fact that today the comprehensive regulation of relations related to the completion of service in the National Police of Ukraine is carried out by the Law of Ukraine «On the National Police» as a special act of legislation. At the same time, it is noted that the specified relations are also regulated by acts of general labor legislation, for example, the Law of Ukraine «On Vacations». It is also noted that one of the reasons for the emergence of relations from service in the National Police of Ukraine is a contract, which is a type of employment contract, which is the only individual agreement in labor law. In view of this, a conclusion is made about the labor law nature of the specified relations.
The term «police service contract» is defined, which means a fixed-term agreement between a citizen of Ukraine and the state on whose behalf the police authority acts, under which the citizen undertakes to serve in the position of a police officer specified in this agreement, and the police undertakes to pay him monetary support and provide the conditions of service necessary for the performance of official duties provided for by national legislation, the job description and this contract.
It is indicated that the content of the contract for service in the National Police of Ukraine should include the following: place of service, position to which the citizen is appointed, time of service start, contract term, rights and obligations of the parties, service time, monetary, medical and social welfare security, liability of the parties, grounds and conditions for terminating the contract.
The following signs of a contract are defined: first, the contract is a type of fixed-term employment contract; secondly, the contract can be concluded only in the cases stipulated by the laws of Ukraine; thirdly, the contract needs to be constantly renegotiated when it expires; fourthly, the contract cannot turn into an open-ended employment contract; fifth, the contract may provide for the liability of the parties (including material liability); sixth, the contract may contain additional grounds for its termination, including early termination, which are not provided for by current legislation.
The position regarding the distinction between the result of the competition and the act of election to the position as the basis for the emergence of labor relations is argued. The following differences between the specified measures are highlighted: firstly, the result of the competition is always an element of the composition of legal facts, and the act of election to a position can be both an element of the composition of legal facts and an independent single legal fact; secondly, the result of the competition and the act of election to the position, as relevant documents, differ in content.
