Policeman’s competence as a component of his administrative and legal status: experience of the Baltic countries and the USA

Abstract

Problem setting. The priority of law enforcement agencies of any developed country is to ensure law and order, protect individuals, society and the state from crime, and combat crime. These functions stand out among others in the regulatory framework and are the starting point for the activities of the country's law enforcement system. However, it is fair to say that the extent to which primary and secondary police powers are exercised varies considerably across countries. The level of its efficiency depends on it to a greater extent. Having embarked on the path of European integration, Ukraine has adopted a lot of new things into the legal basis of the National Police of Ukraine, however, there is a need for further implementation of legal norms in national legislation. Target of research. The purpose of the study is to analyze the police powers in the United States, Ukraine and the Baltic countries, the search for new models of policing for further implementation in Ukrainian legislation. Analysis of recent researches and publications. Significant contribution to the study of the organization and legal support of policing in the world, its importance in ensuring public safety, areas of strategic development of the police have made such scientists as Bugaychuk K. L., Chumak V. V, Mashutina E. V., Filstein M. V. etc. Article’s main body. Police activities in Ukraine, first of all, is regulated by the Law of Ukraine «On the National Police» (02.07. 2015). It defines the principles of police activity, the police system, the measures applied by police officers, police powers, etc. Police powers are disclosed in the regulations quite fully and clearly, there is a division into basic, due to the appointment of a police body, and additional, which can be determined only by law. Nevertheless, the problem lies in the uncertainty of these powers given the police system. Given problems related to the normative component of policing, it is appropriate and relevant to refer to the foreign practice of the police, in particular to identify some features of their competence. We suggest that police competence is understood as a set of rights and responsibilities of a police officer, as well as the services provided by him. Analysing the experience of the Latvian police, it is necessary to note the differentiation of the police body depending on the field of activity and direct subordination. The Latvian police system has the following police units: the State Police, the Security Police, the Self-Government Police and the Port Police. Police activity in Lithuania has certain features of the stages of reforming the Lithuanian police such as depoliticization, professional development of the law enforcement system, active fight against corruption, provision of law enforcement services to the population, cooperation with the European community, deepening integration processes of internal security. Conclusions and prospects for the development. It is appropriate to establish a legal definition of each structural unit of the police and their main powers, as well as to propose the division of police powers depending on their rights, responsibilities and services. Specific changes should concern both the Law of Ukraine «On the National Police» and bylaws, in particular the Resolution of the Cabinet of Ministers of 04.06.2007 «On approval of the list of paid services provided by units … of the National Police», the Resolution of the Cabinet of Ministers of 28.10.2015. «On approval of the Regulations on the National Police».