Starychenko A. Activities of the National Police for the Protection of Children's Rights in Ukraine: administrative and legal aspects.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100806

Applicant for

Specialization

  • 081 - Право. Право

21-04-2022

Specialized Academic Board

ДФ 41.884.030

Odessa State University of Internal Affairs

Essay

The dissertation is one of the first Ukrainian comprehensive monographic studies of administrative and legal aspects of theoretical, legal and organizational issues of the National Police for the protection of children's rights in Ukraine. As a result of the research, the specific features of juvenile law enforcement have been characterized along with the legislation governing its implementation. Given that, a number of scientific provisions, conclusions, proposals and practical recommendations have been made for the improvement of the legal framework and law enforcement of the National Police in the field of the protection of children's rights in Ukraine. The analysis of the conceptual and categorical apparatus in the studies researching protection of the rights of children by the police has been carried out and a number of author's definitions of the concepts have been offered: "protection of the right", "protection of the rights of children", "defence of the rights of children", "juvenile prevention". It has been concluded that some tokens ("juvenile", "prevention" "bullying") have recently found their reflection in the legislation, becoming legal concepts and categories while some others are still used as theoretical terms, or even in the slang of certain social groups including the circles engaged in the protection and protection of children's rights. Scientific definitions of the concepts strengthens professionalism and communicative competence especially of the juvenile police officers, enhances their social interaction based on information exchange, raises the level of cultural behavior, ethical and aesthetic norms in verbal and nonverbal communication. According to the development and formation of juvenile institutions and the respective system of legal regulation it has been concluded that the process of development and formation of public administration bodies engaged in the protection of children's rights is closely linked to the development of philosophical visions of children's rights, social, political and economic status of a child in society. The formation of juvenile bodies as the evolution of a system of special legal instruments in the protection and defense of the rights and legitimate interests of children have been characterized, it objectively reflects the development of the state management mechanism due to human-oriented public policy at each historical stage. The organizational forms of the Soviet juvenile law enforcement system were carried out without consideration of public opinion, the system itself reflected the general policy of the Soviet Union. It has been found that the protection of children's rights by the National Police of Ukraine should be based on a stable and comprehensive system of legal principles, the implementation thereof will create an effective mechanism of prevention and restoration of children’s violated rights. Hereto belong the following principles: rule of law, legality, respect for human rights and freedoms, the predominant use of methods of education and persuasion, humanism, specialization, professionalism, officiality, immediacy, unity of rights and responsibilities, best protection of the child's interests, legal justification, common interests of the National Police and other public administrations, principle of the "main link", coordination and interaction, efficiency, planning, purposefulness, integrity, comprehensiveness, feedback, scientific background and others. As a result of the analysis of the legislation in the field of the protection of children's rights by the National Police it has been proved that it is a set of legal acts and bylaws regulating relations linked to bodies and officials of the National Police, other bodies and public administration officials which streamline management processes with their participation in the field of realization of children's rights and freedoms and their legitimate interests. The exercise of state powers in all spheres of public relations, including police juvenile law enforcement, is carried out through the concordance of legal norms with international law, legality and binding actions of the officers of the National Police of Ukraine, in cases specified by these norms. It has been proved that the forms of the activities of the National Police in the field of protection of children’s rights are a set of homogeneous, concrete actions of police officers related to creation of optimal conditions for children: free use of public goods; ensurance of personal rights and freedoms; elimination of the factors that lead to the violation of rights and freedoms or complicate their implementation. Forms of law enforcement have been characterized by the following features: external expression of a certain content of law enforcement; external expression of action in order to achieve the task of law enforcement; direct influence on the content - the development or inhibition of certain social relations.

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