ESR
2.1.6.2. The practice of application of provisions of the Disciplinary Regulations of the National Police has been studied, and amendments to the Regulations have been proposed
Problem solving:
2.1.6. Lack of an effective model of appointment to positions, remuneration, career promotion, and review of disciplinary complaints within the system of the National Police
Deadlines for all measures within ESR
01.05.2023 -
31.12.2024
Implementation of SACP measures within ESR
Total number of measures –
9
2
1
6
Implemented
In progress
Not started
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Internal Affairs of Ukraine
22.2%
9
Summarized general information on Measures
Indicators of achievement of ESR
Total number of indicators – 4
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 4
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
an analytical report of the Ministry of Internal Affairs has been published, covering the findings of the study to analyze the effectiveness of application of the provisions of the Disciplinary Regulations of the National Police of Ukraine between 2018 and 2022, specifying (with data grouped separately for junior, middle, and senior positions with the police): a) the total number of internal investigations conducted (3 percent); b) the number of recorded statements, complaints, and reports from citizens, officials, and other police officers, the mass media, reports about offenses committed by police officers showing signs of disciplinary misconduct (3 percent); c) the number of internal investigations based on reports about violations of constitutional human and civil rights and freedoms by police officers (5 percent); d) the number of disciplinary committees that included representatives of the public (3 percent); e) the number of disciplinary sanctions imposed (broken down by kinds of sanctions) (3 percent); f) a description and results of assessment of the most widespread problems relating to the effectiveness and transparency of the procedure by which police officers are brought to disciplinary liability (5 percent); g) the prospects of creation of a disciplinary authority having status as an interregional territorial body of the National Police (3 percent); h) recommendations on ways to improve the effectiveness and quality of the procedure of internal investigations and the independence of the work of the disciplinary committee (5 percent). |
30% |
| 2 |
A law has taken effect, which provides for: 1) development and operation of 2 types of disciplinary committees: conducting official investigation based on information regarding the policemen’s violation of the service discipline; consideration of issues regarding the policemen’s violation of huma/citizen rights; 2) inclusion of no less than 50% of influential and famous representatives of the public and/or human rights organizations to the disciplinary committees investigating issues regarding the policemen’s violation of human/citizen rights; 3) mandating that the number and composition of disciplinary committees of the central administrative agency of the police shall be approved by the Minister of Internal Affairs, and the number and composition of disciplinary committees of territorial (in particular, including interregional) agencies of the police shall be approved by the Chief of the National Police; 4) the right of the disciplinary committee to submit—while exercising its powers—queries to agencies (units) of the police, other government agencies, local self-government bodies, and legal entities and request materials required for the internal investigation; the timeframes, grounds, and forms of disclosure of information by agencies (units) of the police, other government agencies, local self-government bodies, and legal entities to the disciplinary committees, as well as grounds for withholding such information; 5) that the disciplinary committee’s decision based on results of official investigation shall be approved by the authority who ordered to conduct the official investigation; 6) that the policeman’s manager authorized to impose disciplinary action, speculating whether or not to impose the disciplinary action, shall be governed by the disciplinary committee’s decision on the policemen’s violation of human/citizen rights, and in case of disagreement with its decision the committee shall add the written separate opinion with justification of such legal position, it also reserves the right to impose the disciplinary action, contrary to the one suggested by the disciplinary committee on the policemen’s violation of human/citizen rights, but no greater than 1 stage; 7) Policemen signs and list of disciplinary offenses violating human/citizen rights and freedoms; the disciplinary committee on the policemen’s violation of human/citizen rights, may recommend to apply the disciplinary action, such as dismissal from the position with remaining in service or discharge from the service; 8) making changes taking into account the recommendations on ways to improve the effectiveness and quality of work of disciplinary committee and the selection procedure issued based on the findings of the study indicated in subclause 2.1.6.2.1. |
45% |
| 3 |
normative legal acts of the Ministry of Internal Affairs have been aligned with the law indicated in subclause 2 of clause 2.1.6.2. |
15% |
| 4 |
the results of the expert survey have demonstrated that: a) more than 75 percent of experts on the activities of law enforcement and prosecutorial authorities evaluate the quality of legal regulation implemented following the enactment of the law indicated in subclause 2 of clause 2.1.6.2 as high or very high (10 percent); b) more than 50 percent of experts on the activities of law enforcement and prosecutorial authorities evaluate the quality of legal regulation implemented following the enactment of the law indicated in subclause 2 of clause 2.1.6.2 as high or very high (7 percent); c) more than 25 percent of experts on the activities of law enforcement and prosecutorial authorities evaluate the quality of legal regulation implemented following the enactment of the law indicated in subclause 2 of clause 2.1.6.2 as high or very high (3 percent). |
10% |