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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.


A Visible Reform


Artem Orel, Attorney at Law at Ilyashev & Partners Law Firm
Source: The Unian

During the current week the Ministry officials report on the work done during the year. And the Ministry of Internal Affairs is no exception.

The most visible part of reform of the law enforcement system is restructuring of the Ministry of Internal Affairs. Thus, the militia consisted of criminal militia, public security militia, the State Automobile Inspectorate, security militia, judicial militia, special militia, internal security militia and special purpose militia. According to the Law of Ukraine “On National Police”, the structure of the police includes patrol police, pre-trial investigation agencies, security police, special police, criminal police and special purpose police.

Thus, the judicial unit and internal security units of the Ministry of Internal Affairs were abolished.

Patrol police combines the functions of the automobile inspection and public security militia. In addition, scientific research institutions and agencies may be set up within the police.

Apparently, the legislator wants to change the psychology, which the Ukrainian militia inherited from the Soviet totalitarian past and, unfortunately, which has been virtually unchanged for years, to make it more civilized as in the developed Western countries.

We all remember the Euromaidan and atrocity of Berkut and other law-enforcement agencies of the “white-blue” authorities. Therefore, it is worth noting the changes related to limiting recourse to physical force and impact munition by law-enforcement officers. In particular, the Law prohibits the police to strike rubber (plastic) hose on head, neck and clavicular portion, genitals, lower back (coccyx), and in the stomach. When using means equipped with lachrymatory and irritant agents, it is forbidden to perform sight shooting on people, to use water cannons when the air temperature is below 10°C, use equipment for compulsory stopping of transport, use handcuffs for more than 2:00 hours of continuous use and without weakening their pressure…

The function, such as police guardianship, is also important. Once in Germany, during the World Cup-2006, when a problem situation with the cancellation of a train occurred, a German police officer volunteered to help me, and after exerting all possible efforts to solve the transport problem and spending at least half an hour of his time, really helped me to continue the journey. It is quite unusual for the Ukrainian citizens. I hope that a movement towards creation of a law enforcement agency, which main function will be to help the Ukrainian society and the guests of the country by all possible and legitimate means, is evidenced by the emergence of such innovation in Ukraine as police guardianship.

However, one of the most important changes was innovation in appointment and dismissal of police officers. In contrast to the former system in the Ministry of Internal Affairs, where all senior militia officers were appointed and dismissed solely by decisions of the militia authorities, now according to the Law of Ukraine “On the National Police” the local self-government agencies obtained levers of influence on the police management at the national level and on the senior police officers locally.

In particular, deputies of local councils by the decision approved by 2/3 of votes have the authority to adopt a no-confidence resolution regarding the head of the relevant police agency (unit), which is a ground for dismissal from the post.

However, it is not an absolute ground, but rather the basis for approval of such decision by the officer of a higher rank of the relevant police authority. At the same time, ignoring the no-confidence resolution by the police management can be overcome by re-adoption of a no-confidence resolution, but by 3/4 of votes of the Board. Such resolution is considered final and must be implemented within three days after its adoption.

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