COMPARATIVE ANALYSIS OF SOCIAL SUPPORT AND WARRANTIES OF THE NATIONAL POLICE: INTERNATIONAL AND NATIONAL EXPERIENCE
Journal Title: «Приватне та публічне право» - Year 2017, Vol 1, Issue
Abstract
Police officers are serving under conditions that often lead to ill health, nervous shock, psychological and physical overload. Social guarantees for police officers are a legal mechanism that should compensate for these features of the service. The attitude of the state and society to the police has lately changed; however, the issue of development of the state standards in relation to the social guarantees of police officers does not lose its relevance. According to Part 3 of Article 1of the Law of Ukraine “On State Social Standards and State Social Guarantees” the state social security is minimum amounts of the labour remuneration, individual income, pensions, social benefits, other types of social allowances specified by laws and other regulatory documents, which ensure the living standard not lower than the living wage. Consequently, social security includes: – labour remuneration; – pensions; – social benefits and other types of social allowances. Whereas the conditions and procedure for granting benefits and compensation to police officers is regulated by a large number of regulations that have different legal force and were adopted at different times we consider it necessary to develop and adopt a unified regulatory act which, from our point of view, should determine the types, conditions and procedure for granting benefits and compensation to police officers. The adoption of such a uniform act would improve the law enforcement practice of providing benefits and compensation, and thus enable abuse in this area by the heads of various police agencies and employees of financial and economic departments. While adopting such an act, it is important to consider the content of Article 22 of the Constitution of Ukraine, namely that the adoption of new laws or amendment of existing laws shall not diminish the content and scope of existing rights and freedoms. In our view, we should consider the need to increase the compulsory interest component of salaries of police officers in Ukraine. To summarize, we note that those who choose a profession related to human rights activities in foreign countries are motivated by its prestige, the possibility of self-realization in maintaining public security, the ability to get free of charge education, a steady paycheck and pension. In Ukraine, these grounds so far should also include the right to preferential pension benefits. Regarding the benefits and guarantees it should be noted that their considerable list in Ukraine does not receive full practical implementation, since often there are facts of suspension of such acts. We should agree with the statement about the unification and transformation of benefits and guarantees into the provision of individual benefits to the police officers. The successful experience of other countries can serve as a good example for Ukrainian standard-setters.
Authors and Affiliations
Ю. В. Ладика
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