Andriichenko N. Administrative and legal framework for evaluating the efficiency of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100042

Applicant for

Specialization

  • 081 - Право. Право

03-06-2020

Specialized Academic Board

ДФ 55.051.001

Sumy State University

Essay

The dissertation deals with the research of administrative and legal framework for evaluating the efficiency of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine, areas for their enhancement. The research further developed the characteristics of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine. It considers the results of a sociological survey that evaluated the efficiency of these subjects in performing their tasks. The author defines the concepts of "evaluation of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine" and "efficiency of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine". The purpose of evaluating the activity of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine are considered and content of existing criteria for evaluating the efficiency of law enforcement agencies in general are revealed. It is proposed to define the administrative and legal regulation of the evaluation of the efficiency of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine as the influence of the state, exercised by means of a set of administrative rules enshrined at the legislative level, on public relations in the sphere of determining the compliance of the activities of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine with their purpose, a rational correlation of the results they achieved with the resources used and the subsequent management decisions aimed at improving the performance of their tasks and functions. The author classifies the sources of administrative and legal regulation of the evaluation of the efficiency of the abovementioned law enforcement agencies. The dissertation clarifies the essence and types of administrative and legal forms of evaluating the efficiency of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine. The internal, external and mixed forms of evaluating the effectiveness of law enforcement agencies as subjects that ensure financial and economic security of Ukraine are highlighted. Attention is paid to the urgency of increasing the openness of the activity of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine to the public, and therefore it is reasonable to oblige public authorities, which receive reports on the activities of such law enforcement agencies, to publish the conclusion after their examination. The author proposes to include, together with the report on the results of assessing the level of public confidence in law enforcement agencies, preparation a plan of measures in order to increase public confidence and a report on the results of their implementation. In addition, the thesis supports the Bill on the Bureau of Financial Investigations, which proposes to dismiss the head of the bureau if the external control commission concludes on the ineffectiveness of the bureau's activity or improper performance of duties by the head. It is proposed to improve the internal assessment of corruption risks by supplementing the process by monitoring the mplementation of the report on assessment of corruption risks in the activities of law enforcement agencies, specification the norms of the Law of Ukraine On Prevention of Corruption on the Personal Responsibility of the Head of the law enforcement agency of Ukraine for ensuring the implementation of the state program within the Anti-Corruption Strategy. The experience of the USA, Northern Ireland, Great Britain (except Scotland), France, Japan, Austria, Italy in evaluating the effectiveness of law enforcement agencies is generalized. In order to improve the mechanism for evaluating the efficiency of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine, the criteria for evaluating the efficiency of such law enforcement agencies is defined and it is suggested to create a special service by the example of Northern Ireland and Great Britain for systematic evaluation of their activities. The scientific novelty of the obtained results is that the presented scientific work is one of the first complex legal studies in the national legal science of administrative law dealing with administrative and legal principles of evaluating the efficiency of law enforcement agencies as subjects that ensure the financial and economic security of Ukraine and identifying areas for their improvement. The conducted research suggests new conclusions, provisions proposed by the author.

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