Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers
The problem of restricting labor rights and freedoms, which is an important area of research for both domestic and foreign scholars, has been studied. International and national legislation on the establishment of restrictions on police officers while being recruited and during their service has bee...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2021-09-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/406 |
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| author | S. M. Bortnyk |
| author_facet | S. M. Bortnyk |
| author_sort | S. M. Bortnyk |
| collection | DOAJ |
| description | The problem of restricting labor rights and freedoms, which is an important area of research for both domestic and foreign scholars, has been studied. International and national legislation on the establishment of restrictions on police officers while being recruited and during their service has been analyzed.
The author has carried out analysis of the norms of general and special legislation regulating the official activities of police officers, such as restricting the rights of police officers and establishing a ban on certain activities. The materials of judicial practice and scientific views of scholars on this issue have been studied.
Based on the conducted analysis the author has offered to combine all prohibitions and restrictions into four blocks unequal in scope and nature of the impact on individual rights: a) prohibitions and restrictions of a political nature; b) prohibitions and restrictions of an economic nature; c) restrictions arising from the specifics of the police service and its special nature; d) prohibitions and restrictions in the field of mass media and freedom of speech.
It has been clarified that the problem of legalization of restrictions on the rights and freedoms of police officers and a number of criteria that a police officer must meet has been properly regulated by international regulatory legal acts.
The author has revealed some gaps in the legislation that limit the rights of a police officer during his service in the police. The problematic aspects of the legal consolidation of restrictions for police officers include their vague wording and ramifications in various legislative acts that is the basis for inconsistencies and legal misunderstandings. In this regard, all the criteria, restrictions and legal definitions to them, which are provided for the police officer, should be enshrined in a separate Section of the Law of Ukraine “On the National Police”.
The author has suggested the ways to improve and amend the current legislation regulating the establishment of restrictions for police officers during their service. The implementation of international law into national legislation and the adoption of positive European experience should be more balanced and should take into account the specifics of national achievements. |
| format | Article |
| id | doaj-art-5c40391d313a4ccfb77f0ff52a563b47 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2021-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-5c40391d313a4ccfb77f0ff52a563b472025-02-02T02:43:24ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2021-09-01943344810.32631/v.2021.3.03406Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police OfficersS. M. Bortnyk0Kharkiv National University of Internal AffairsThe problem of restricting labor rights and freedoms, which is an important area of research for both domestic and foreign scholars, has been studied. International and national legislation on the establishment of restrictions on police officers while being recruited and during their service has been analyzed. The author has carried out analysis of the norms of general and special legislation regulating the official activities of police officers, such as restricting the rights of police officers and establishing a ban on certain activities. The materials of judicial practice and scientific views of scholars on this issue have been studied. Based on the conducted analysis the author has offered to combine all prohibitions and restrictions into four blocks unequal in scope and nature of the impact on individual rights: a) prohibitions and restrictions of a political nature; b) prohibitions and restrictions of an economic nature; c) restrictions arising from the specifics of the police service and its special nature; d) prohibitions and restrictions in the field of mass media and freedom of speech. It has been clarified that the problem of legalization of restrictions on the rights and freedoms of police officers and a number of criteria that a police officer must meet has been properly regulated by international regulatory legal acts. The author has revealed some gaps in the legislation that limit the rights of a police officer during his service in the police. The problematic aspects of the legal consolidation of restrictions for police officers include their vague wording and ramifications in various legislative acts that is the basis for inconsistencies and legal misunderstandings. In this regard, all the criteria, restrictions and legal definitions to them, which are provided for the police officer, should be enshrined in a separate Section of the Law of Ukraine “On the National Police”. The author has suggested the ways to improve and amend the current legislation regulating the establishment of restrictions for police officers during their service. The implementation of international law into national legislation and the adoption of positive European experience should be more balanced and should take into account the specifics of national achievements.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/406a police officerrightslegal regulationrestriction of rightsspecial legislation. |
| spellingShingle | S. M. Bortnyk Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers Bulletin of Kharkiv National University of Internal Affairs a police officer rights legal regulation restriction of rights special legislation. |
| title | Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers |
| title_full | Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers |
| title_fullStr | Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers |
| title_full_unstemmed | Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers |
| title_short | Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers |
| title_sort | some aspects of legal regulation of restricting the rights and freedoms of police officers |
| topic | a police officer rights legal regulation restriction of rights special legislation. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/406 |
| work_keys_str_mv | AT smbortnyk someaspectsoflegalregulationofrestrictingtherightsandfreedomsofpoliceofficers |