GROUNDS FOR DISMISSAL OF THE POLICE PERSONNEL

Abstract

In the article it is analyzed the features of the normative and legal regulation of dismissal from the police service. A list of grounds for dismissal, the procedure, peculiarities and essence of dismissal from the police forces have been provided in the article. Propositions are made in order to eliminate shortcomings and gaps in the new legislation.

It has been defined the problem of determining the legal status and correct ap- plication of the grounds for the dismissal, in particular the fact of breaking the oath of the public official, non-respect to the State and state symbols of the Ukrainian people. The current legislation has no strict list of the obligations, which are obliga- tory for the state officials. If they do not fulfill such obligations, they would be de- manded to stop their state service for the above mentioned acts.

The analysis of the judicial practice demonstrates that in such cases the dis- missal can not be considered as the disciplinary punishment, as the chief of the cor- responding state body is obliged to dismiss the state official in such cases. It is nec- essary to mention that the disciplinary punishments are applied to the state officials in the following cases: if they do not fulfill or fulfill improperly their service obliga- tions; for the abuse of their authority; for not following the restrictions related to their state service; for the acts, which defame him/her as the state servant or dis- credit the state body, where the official is employed.

It has been cleared up that the order and conditions of dismissal of the police officials are enough regulated. The analysis of the grounds for dismissal of the state servants (policemen are considered as the state officials (according to the below mentioned law), which are envisaged by the Law of Ukraine “On the State Service”, has been done. Nevertheless, the list of the grounds for the policemen dismissal is not completed yet. Besides, in the Law of Ukraine “On the National Police” some grounds are not strictly united in groups (some of the, are shown separately). That is why we propose to include in the list of the grounds for the policemen dismissal the following: 1) in case of their death; 2) since the day of obtaining the authority, if a policeman is elected to the body of state power or self-governance; 3) if a police- man is officially declared as a missing out or dead; 4) if the court decision concern- ing his/her full or partial incompetence comes into force; 5) if his/her employment is not possible according to the Law of Ukraine “On Lustration”; 6) if a policeman does not want to continue the employment, because the conditions of the police service have substantially changed; 7) if a policeman does not follow the rules and restrictions of the police service; 8) if the resolution on mistrust is approved.