GROUNDS FOR THE EMERGENCE OF INDIVIDUAL SERVICE (LABOUR) LEGAL RELATIONS AMONG POLICE OFFICERS

Abstract

Problem setting. The National Police, which in connection with the reform in 2015 replaced the police, is designed to strengthen public confidence in the law enforcement system and to implement those legal tasks that have been enshrined in the new law “On the National Police” of June 2, 2015. One of the novelties of this law was the change of legal ways of exercising citizens’ right to public service in the police, first of all: introduction of competitive selection procedure for applicants for police position, structuring of requirements for candidates for police service, establishing the possibility of applying a polygraph when hiring. But these changes did not lead to fundamental changes in practice. Selection and training of police officers need improvement. At the same time writing of our article was caused not only by scientific and theoretical interest, but also as a reaction on the arbitrary actions of police officers which have recently been reported media and the Internet.

Analysis of resent researches and publications. M. H. Aleksandrov, M. Y. Baru, I. S. Voitynskyi, V. M. Dohadov, S. O. Ivanov, M. P. Karpushyn, A. R. Matsiuk, O. S. Pashkov, V. I. Prokopenko, O. I. Protsevskyi, O. V. Smyrnov, P. A. Bushchenko, V. S. Venedyktov, V. Ya. Hots, V. V. Yerуomenko, V. V. Zhernakov, N. M. Neumyvaichenko, L. V. Solodovnyk, O. V. Lavrinenko, N. P. Mokrytska, K. Yu. Melnyk, S. M. Prylypko, P. D. Pylypenko, V. I. Shcherbyna etc.

Target of research. The purpose of this article is a theoretical and practical analysis of these changes and the reflection of these changes in practice, and, in a broad context, certain aspects of determining the social and legal nature of the service in the National Police of Ukraine, the ratio of general labour legislation to special ones in the regulation of issues related to the emergence of individual service (labour) legal relations among police officers.

Article’s main body. The concept of “grounds for the emergence of labour legal relations” was provided with scientific definitions. For example, Yeromenko V.V. defines them as “the laws provided for by the norms of law are lawful, agreed, informed actions of the employer and the person, are employed (and sometimes their legal representatives), expressing their will and are aimed at establishing specific employment legal relations.” Examining the stated issue in the aspect of public service, Andrushko A.V. recognizes the grounds for the emergence of labour legal relations as provided for by the norms of labour law and the legislation on public service legal facts directly causing the emergence of legal relations: the act of appointment, the act of election and the employment contract. Such differentiation of opinions of scientists is caused, among other things, by the fact that the current Labour Code of Ukraine has no list of grounds for acquiring employment legal relations, limited only to such categories as employment contract and contract. The Law of Ukraine “On the National Police” also does not contain a separate article, which established all the grounds for the emergence of service (labour) legal relations with police officers. Despite certain differences in legal positions, all researchers agree with the existence in modern labour law in some form of separate independent grounds for the emergence of individual labour (service) legal relations, in particular: the conclusion of an employment contract (contract); the passing of a competition (act of competition) of appointment to a position (act of appointment).

Conclusions and prospects for the development. We have come to the conclusion that the grounds for the emergence of labour legal relations among police officers are mainly factual structures in which the act of appointment is the last fact of legal composition, and means a separate way of a person exercising the right to serve as a police officer. In turn, this

actual composition together with facts - conditions and procedural facts determine the essence of this method of realization of the right or method of replacement of the position of police officer.

Thus, the conditional completeness of the legal force is transferred to the last legal fact of the actual composition – the issuance of an order of appointment and only compliance with the sequence of the procedure determined by law, guarantees the legal force of such an order.

This work also gives rise to interest in further scientific reflection on the current problems of the grounds for the emergence of labour (service) relations with persons in public service positions.