System of Principles for Service in the State Bureau of Investigations
Abstract
The system of principles governing service in the State Bureau of Investigations is examined. It is noted that service in the State Bureau of Investigations, like any other law enforcement agency, is based on a system of principles. The principles are the basic provisions underlying service and concentratedly reflect the patterns of relevant social relations, permeating the entire mechanism of legal regulation and determining the organisational structure of social relations in the State Bureau of Investigations.
The views of scholars on the list of principles of civil service and service in law enforcement agencies have been studied. National legislation that enshrines the principles of civil service and the foundations of the organisation and activities of the State Bureau of Investigations has been researched. Attention is drawn to the lack of unanimity in the approaches of scholars to defining the range of principles of civil service and service in law enforcement agencies, as well as to the differences in the lists of relevant principles in the Ukrainian laws “On Civil Service” and “On the State Bureau of Investigations”.
It has been established that the principles of service in the State Bureau of Investigations can be divided into general and special principles. General principles include: the principle of the rule of law; the principle of legality; the principle of justice; the principle of equality; the principle of transparency. Special principles include: the principle of voluntary recruitment; the principle of prohibition of coercion to perform duties not provided for in the contract and job description; the principle of non-partisanship; the principle of patriotism; the principle of impartiality; the principle of ensuring fair, safe and healthy conditions of service; the principle of independence; the principle of professionalism and efficiency; the principle of integrity; the principle of personal safety and social protection; the principle of personal responsibility and inevitability of punishment; the principle of unity of command. The above principles are considered and recommendations for improving the relevant national legislation are proposed.
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References
Andrushko, A. V. (2002). The emergence of labor relations with civil servants [Candidate dissertation, Khmelnytsky Institute of Regional Administration and Law].
Bakaianova, N. M. (2018). Single leadership and collective way of exercising powers in the activities of the State Bureau of Investigation [Conference presentation abstract]. International Scientific and Practical Conference “State Bureau of Investigation: on the path of development”, Odesa, Ukraine.
Bila-Tiunova, L. R. (2020). State Service of Ukraine. General part. Odesa.
Bolotina, N. (2000). The human right to social security in Ukraine: the problem of terms and concepts. Law of Ukraine, 4, 35–39.
Bondarenko, S. M., & Buhas, N. V. (2021). Social policy of the state as a basis for ensuring social development. Public Administration, Improvement and Development, 2, 105–111. https://doi.org/10.32702/2307-2156-2021.2.40.
Bytiak, Yu. P. (2005). Civil service in Ukraine: organizational and legal principles. Pravo.
Cippelius, R. (2000). Philosophy of Law (Ye. M. Perepichii, L. A. Sitchenko, & S. V. Prolieiev, Transl.). Tandem.
Grishchuk, A. B. (2021). Principle of professionalism in civil service. Uzhhorod National University Herald. Series: Law, 65, 227–232. https://doi.org/10.24144/2307-3322.2021.65.41.
Hryban, V. H., & Hlukhoveria, V. A. (Eds.). (2017). Ensuring labor protection and personal safety in the National Police of Ukraine. Dnipropetrovsk State University of Internal Affairs; Lira LTD.
Kivalov, S. V. (2012). Principles of the state service in the new Law “On the state service”. Current Problems of State and Law, 68, 7–16.
Komisarov, O. G., & Boguslavsky, V. V. (2014). Information providing of employees of forces of guard of law and order: modern state of problem. Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, 3, 82–89.
Kononenko, V. A. (2017). Competition as the basis for the emergence of legal relationships with scientific and pedagogical workers. Law Bulletin, 5, 72–79.
Kostyk, V. V. (2024). Principles of Public Service: Administrative and Legal Aspect. Academic Visions, 31. https://doi.org/10.5281/zenodo.12731035.
Kovalenko, O. O. (2015). Legal problems of freedom of will of the parties when concluding, amending and terminating an employment contract [Doctoral dissertation, H. S. Skovoroda Kharkiv National Pedagogical University].
Kucherm V. O. (Ed.). (2017). Labor Law of Ukraine. Lviv State University of Internal Affairs.
Lazor, M. O. (2023). The principle of professionalism, competence, initiative, honesty, and dedication: theoretical and legal approaches and current realities. State and Regions. Series: Public Management and Administration, 1, 79–84. https://doi.org/10.32840/1813-3401.2023.1.12.
Levenets, A. V., & Sadovska, O. M. (2021). Case law of the European Court regarding compliance with the principle of impartiality in judicial proceedings. Constitutional State, 41, 24–30. https://doi.org/10.18524/2411-2054.2021.41.225573.
Melnyk, K. Yu. (2014). Labor law of Ukraine. Disa plus.
Moskalenko, V. V. (2003). The essence of social protection and its place in the policy of the social state. Scientific Notes, 21, 41–44.
Protsevskyi, O. I. (2014). Methodological principles of labor law. KhNAHU.
Pryima, S. V. (2015, November 27–28). Impartiality as the main requirement of the principle of fairness in the interpretation of law [Conference presentation abstract]. International Scientific Conference “Legal science and practice: challenges of modern European integration processes”. Bratislava, Slovakia.
Rymarenko, Yu. I., Kondratiev, Ya. Yu., Tatsii, V. Ya., & Shemshuchenko, Yu. S. (Eds.). (2003). International Police Encyclopedia. In Yure.
Shynkaruk, V. I. (Ed.). (2002). Philosophical Encyclopedic Dictionary. Abrys.
Sirenko, K. O. (2014). Principles of civil service in the prosecution Ukraine. Uzhhorod National University Herald. Series: Law, 29(2), 205–208.
Svirin, M. (2014). Principles of the restriction of political activity of civil servants in the official political discourse of modern Ukrainian state. Pressing Problems of Public Administration, 3, 152–156.
Tomkina, O. (2014). Morality’s principle of state authority: problem statement. Journal of the National Academy of Legal Sciences of Ukraine, 1(76), 65–74.
Tsuvina, T. A. (2015, October 30). Independence of the court in the context of the practice of the European Court of Human Rights [Conference presentation abstract]. International scientific and practical conference “Current problems of judicial law”, Kharkiv, Ukraine.
Tsvik, M. V., Petryshyn, O. V., Avramenko, L. V. et al. (2009). General theory of state and law (M. V. Tsvik, & O. V. Petryshyn, Eds.). Pravo.
Veselov, M. Yu., Gurzhiy, A. V., & Poltavets, A. A. (2024). The Principle of Patriotism in the Activities of Officials as a Legal Category. Scientific Bulletin of Kyiv Institute of the National Guard of Ukraine, 2, 70–77. https://doi.org/10.59226/2786-6920.2.2024.70-77.
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