Lahodiienko D. Legal regulation of career growth of police officers

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100986

Applicant for

Specialization

  • 081 - Право

14-12-2023

Specialized Academic Board

ID 2682

Kharkiv National University of Internal Affairs

Essay

Thesis presents a theoretical generalization and a new solution to the scientific task, which consists in, based on the analysis of the scientific views of scholars and the norms of the current legislation, to find out the essence and peculiarities of legal regulation of career growth of police officers, on the basis of which to develop a number of proposals and recommendations aimed at improving norms of general and special labor legislation in the relevant field. It is found that career in general and police officers in particular is most appropriate to interpret as an abstract category, the time interval from the beginning of labor activity to its end, which determines the movement of an employee within an enterprise, institution or organization, namely, a change in his legal status in terms of expanding labor rights, duties and powers and gaining greater managerial power in relation to other employees. It is emphasized that in the structure of the bodies and divisions of the National Police of Ukraine, the position is the central structural and managerial link, through which, in turn, the subjective rights and legal obligations of the policeman, as well as the purpose, tasks and specifics of the work performed by him, are determined. In addition, it is through positions that the place of a police officer is established within the bodies and divisions of the police. The author's definition of the concept of police career growth is proposed, and the key features of this scientific category are defined. It is noted that the appointment of labor discipline in the context of the career growth of police officers is expressed in three key aspects: firstly, it encourages the employee to perform the work assigned to him conscientiously and qualitatively, as well as not to violate the norms of current legislation and the labor rights and interests of other participants in the labor process; secondly, it is aimed at stopping the illegal actions of the employee and bringing the offender to the type of legal responsibility determined by the norms of current legislation; thirdly, provides an educational influence on the consciousness of the employee regarding the importance and necessity of his compliance with the norms of current legislation and the rules of the internal labor procedure in the course of labor activity. It is emphasized that a police officer's education is the key to his promotion, because the higher it is, the greater the range of positions a police officer has the right to apply for. In addition, it is the education of a police officer that develops his mental capabilities and characteristics, broadens the employee's horizons, which generally affects the latter's work efficiency and the quality of the performance of tasks and functions assigned to him. It is noted that the career growth of police officers is special not only in its content, but also in the factors that determine it. The latter, in turn, were divided into: 1) external (objective) factors, which include factors that affect the service of a police officer, but do not directly depend on him; 2) internal (subjective) factors, which represent the personal characteristics of a police officer, which reflect his suitability for the position held and, in general, the rank of a police officer. It is summarized that the system of legal regulation of the labor activity of police officers, in particular their career growth, consists of a large number of normative legal acts of different legal force, which make up general and special legislation. It is established that the state of legal regulation of the career growth of police officers can be assessed ambiguously. Thus, on the one hand, we have a large array of normative legal acts, the norms of which are aimed at regulating social relations in the field under study. And on the other hand, it should be noted that there is a certain inconsistency between the norms of general and special labor legislation regarding regulation, which in turn hinders the effective regulation of legal relations that arise in the process of serving as a police officer, and therefore the development of his career. Attention is focused on the fact that the legal regulation of the career growth of police officers is a rather vivid example of a close combination of the norms of labor and administrative law. The means of the labor law branch determine the general conditions and guarantees of the right of every police officer to career growth. At the same time, due to the administrative and legal regulations, specific means and procedures are established for the implementation of the specified guarantees by police officers during the course of their service.

Research papers

Лагодієнко Д.О. Поняття та особливості кар’єрного росту поліцейських. Юридична наука. 2019. №5. Том 2. С. 117-132.

Лагодієнко Д.О. Чинники, що впливають на кар’єрний ріст поліцейського та їх класифікація. Держава та регіони. Серія Право. 2020. № 3 (69). Том 3. С. 41-45.

Лагодієнко Д.О. Особливості правового регулювання окремих етапів службової кар’єри поліцейських. Науковий вісник публічного та приватного права. 2021. Випуск 6. Том 2. С. 37-41.

Лагодієнко Д.О. До характеристики стану правового регулювання кар’єрного росту поліцейських. Науковий вісник публічного та приватного права. 2022. Випуск 4. С. 40-44.

Лагодієнко Д.О. Поняття та зміст принципів правового регулювання кар’єрного росту поліцейських. Правові новели. 2022. № 18. С. 21-26.

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