Some features of disciplinary proceedings in the National police under the conditions of marital state

Abstract

The article analyzes the peculiarities of disciplinary proceedings in the National police under martial law. The relevance of the study of the specifics of disciplinary proceedings in the bodies of the National Police, which is due to the specifics of the service of police officers under the conditions of the legal regime of martial law, is revealed. It has been established that disciplinary proceedings are a structural element of the administrative jurisdictional process and are understood by the author as a set of successive interrelated actions of participants in disciplinary proceedings, regulated by the norms of administrative procedural law, aimed at consideration and resolution of disciplinary cases regarding bringing police officers to disciplinary responsibility for committing a disciplinary offense. The importance of the legal regulation of the mechanism for suspending the statute of limitations for disciplinary liability is emphasized, which contributes to the effective implementation of the principle of inevitability of punishment for committing a disciplinary offense. The need for regulatory clarification of the procedure for summoning police officers to give explanations within the framework of disciplinary proceedings has been expressed, as it does not provide for the existence of a normatively defined summons form. The need to detail the legal construction of «another position» in the context of the temporary performance of duties by a police officer removed from the main position is substantiated. Attention is focused on the uncertainty of the organizational subordination of a suspended police officer, who hypothetically can temporarily perform duties both in the same structural unit and in another one. Typical violations of law and discipline in the activities of police officers are singled out, including: illegal administrative detention of citizens; violation of the requirements of the law when using special means when detaining persons; unjustified detention of detainees for more than three hours and cases of entering into the protocols on administrative detention an inaccurate time of actual detention of violators; groundless stopping of vehicles; violation of the requirements of Article 221 of the Code of administrative offenses regarding the consideration of cases of administrative offenses committed by minors; ignoring the requirements for informing the Regional centers for the provision of free secondary legal assistance about the detention of a person; failure to inform relatives of citizens detained for committing administrative offenses about their whereabouts; violation of the requirements of Art. 33, 36, 277-284 of the Code of administrative offenses on the terms and procedure of consideration of cases, the limits of the imposition of fines, the content of resolutions, their delivery to violators; abuse of power and official authority by the police; violation of norms of professional ethics, etc.