Khozlu I. Administrative and legal support for the activities of police units on the water

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0825U000421

Applicant for

Specialization

  • 081 - Право

04-02-2025

Specialized Academic Board

PhD 54

Donetsk State University of Internal Affairs

Essay

The dissertation is the first monographic study in which, comprehensively, using modern methods of cognition, taking into account the achievements of domestic and foreign administrative and legal science, the peculiarities of the administrative and legal support of the activities of the water police units of the National Police of Ukraine were revealed, as a result of which a number of new scientific provisions and conclusions were formulated , proposed personally by the acquirer, as well as proposals for amendments and additions to the provisions of the current legislation, as well as justified adoption of a new departmental document. Peculiarities of the police activity of water police units are highlighted, which allow to identify it from among other subjects of police activity, namely: 1) regulation by the norms of substantive and procedural administrative law; 2) ensuring public order and security in the special sphere of public relations arising from the protection and protection of water bodies and water transport infrastructure; 3) application of specific methods of administrative law - persuasion and coercion; 4) the content of the police activity of water police units is to prevent and stop administrative and criminal offenses on water bodies. The author's definition of the concept of "administrative-legal status of police units on the water" is given as their legal position in the system of bodies and units of the National Police of Ukraine regulated by the norms of administrative law, characterized by the competence assigned to them (which is revealed through specific rights and duties), implementation which ensures the achievement of the goal, the performance of tasks and the implementation of the functions that rely on them. The author's vision regarding the systematization of tasks of police activity of water police units, which are classified according to the criterion of division into general and special, is outlined. A generalization of the foreign experience of administrative and legal support for the activities of water police units of countries such as Australia, Germany, Sweden, Poland, Croatia, France, and Italy was carried out. Attention is focused on the possibilities of its implementation in Ukraine, in particular regarding: 1) the creation of a service of divers in the structure of the Directorate of Aviation and Water Police of the National Police of Ukraine; 2) development and implementation of a special educational and professional program aimed at determining special professional competencies, taking into account the qualification characteristics of the positions of employees of water police units; 3) application by the police of restrictive measures aimed at stopping the driving of water vehicles while intoxicated, in particular, improvement of the procedure for temporary detention of water vehicles and withdrawal of the driver's license; 4) regulatory consolidation of the administrative and legal status of water police units in the Regulation on the specified police unit, and determination of the location of water police units in the structure of the Directorate of Aviation and Water Police of the National Police of Ukraine. A number of author's proposals regarding amendments and additions to the legislative acts of Ukraine, in particular to the Law of Ukraine "On the National Police", the Code of Ukraine on Administrative Offenses, the Procedure for the temporary withdrawal of a driver's license for a vehicle and its return, approved by the resolution of the Cabinet of Ministers of Ukraine dated December 17, were formulated No. 1086 of 2008, Procedure for temporary detention of vehicles by employees of authorized divisions of the National Police and their storage, approved by Resolution of the Cabinet of Ministers of Ukraine dated December 17, 2008 No. 1102, Instructions on the procedure for detecting signs of alcohol, drug or other intoxication in drivers of vehicles or being under the influence of drugs that reduce attention and the speed of reaction, approved by the order of the Ministry of Internal Affairs of Ukraine and the Ministry of Health of Ukraine dated November 9, 2015 No. 1452/735, the Standard Regulation on the Maritime Security Service, approved by the order of the Ministry of Infrastructure of Ukraine dated August 25, 2011 No. 339, and the adoption of the Standard Regulation on water police units of the National Police of Ukraine is also substantiated.

Research papers

1. Хозлу І.К. Зарубіжний досвід діяльності підрозділів поліції на воді (на прикладі Великобританії, Австралії, Німеччини, Швеції, Польщі). Правовий часопис Донбасу. 2022. № 2. С. 127-135.

2. Хозлу І.К. Адміністративно-правовий статус підрозділів поліції на воді. Українська поліцеїстика: теорія, законодавство, практика. 2022. № 2 (4). С. 17-21.

3. Хозлу І. К. Організаційно-структурне положення підрозділів поліції на воді у системі Національної поліції України. Українська поліцеїстика: теорія, законодавство, практика. 2024. № 2. С. 62–67.

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