Problem

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

General information about the problem

Staffing and internal administrative processes at the National Police are not always transparent and effective. This problem is caused by the ineffectiveness and lack of transparency of the mechanisms of appointment and promotion within the National Police, the ineffectiveness of the procedure for conducting internal investigations and bringing police officers to disciplinary liability, and the absence of a performance evaluation system for National Police officers.
The ineffectiveness and lack of transparency of the mechanisms of appointment and promotion in the National Police system is primarily due to the fact that the legislation stipulates that the competitive selection process is mandatory only for persons who are first joining the police force and appointed to junior police positions. The low effectiveness of internal investigations and disciplinary proceedings against police officers is primarily due to the fact that the key role in this process is played by the manager, who is empowered to impose disciplinary sanctions on police officers; there are no permanent disciplinary committees, and the public is excluded from controlling or participating in these procedures. In addition, the legislation does not provide for any other methods of assessing the quality of work of the National Police officers other than certification, which complicates internal management processes.
The level of salaries of police officers, as well as the mechanisms of financial incentives for police officers, do not ensure the competitiveness of jobs with the police in the labor market, which negatively affects the quality of police personnel and is one of the factors of the rather high level of corruption among police officers.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 3
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
6 2 1 14
23
Implemented Partially implemented In progress Not started
Measures implemented (fully and partially) - 8 (34.8%)

Deadlines for all measures

01.03.2023 - 31.12.2024

Implementation of SACP measures within the scope of the Problem by main main performers

Ministry of Internal Affairs of Ukraine

34.8%
23

Achievement of ESR within the limits of the Problem

The total number of OSR – 3

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.1.6.1 The issues of organizing the work of permanent police committees formed within the system of the National Police have been studied, and comprehensive organizational and practical measures to improve their activities have been developed and implemented 2.1.6.1.1. Arranging an analytical study focusing on the organization of workflows of permanent police committees for the entire period of their existence (until February 2022), which should specify: 1) the total number of candidates reviewed by the committees during competitive selection of police officers; 2) the number of competitive selection processes conducted among individuals appointed to junior, middle, and senior positions with the police (separately for each category of police personnel); 3) results of a sociological survey of police officers on the quality of work of police committees; 4) results of an anonymous poll of members of police committees on ways to improve their work; 5) findings of the study of the effectiveness and transparency of police committees; 6) ways to resolve the issue of budget funding of community-appointed members of committees; 7) recommendations on ways to improve the effectiveness and quality of work of police committees and the selection procedure; 8) results of a sociological survey of the public on the quality of work of police committees and the effectiveness of competitive selection procedures. Ministry of Internal Affairs of Ukraine The measure was implemented on time and in full Implemented
200% 14/ 7
1.2. 2.1.6.1.2. Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.1.6.1.1, followed by its expert discussion Ministry of Internal Affairs of Ukraine The measure was implemented on time and in full Implemented
1.3. 2.1.6.1.3. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) stipulates that appointments to senior positions with the police, which involve performing managerial functions, shall be made exclusively on the terms of a competitive selection process; 2) defines integrity as one of the criteria to be satisfied by a police officer applying for a senior position; 3) provides for changes to be made taking into account the recommendations on ways to improve the effectiveness and quality of work of police committees and the selection procedure issued following the analytical study indicated in subclause 2.1.6.1.1. Ministry of Internal Affairs of Ukraine The measure was implemented on time, but partially Partially implemented
1.4. 2.1.6.1.4. Drafting a normative legal act that would align the normative legal acts of the Ministry of Internal Affairs with the law indicated in subclause 2.1.6.1.3 Ministry of Internal Affairs of Ukraine Not started
1.5. 2.1.6.1.5. Holding a public discussion of the draft normative legal act indicated in subclause 2.1.6.1.4, and ensuring its revision (if needed) Ministry of Internal Affairs of Ukraine Not started
1.6. 2.1.6.1.6. Approving the draft normative legal act indicated in subclause 2.1.6.1.4 and submitting it for state registration Ministry of Internal Affairs of Ukraine Not started
1.7. 2.1.6.1.7. Supporting the state registration of the normative legal act indicated in subclause 2.1.6.1.4 and its official publication Ministry of Internal Affairs of Ukraine Not started
2.1. 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 2.1.6.2.1. Arranging an analytical 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): 1) the total number of internal investigations conducted; 2) the number of recorded statements, complaints, and reports from citizens, officials, and other police officers, the mass media about offenses committed by police officers showing signs of disciplinary misconduct; 3) the number of internal investigations based on reports about violations of constitutional human and civil rights and freedoms by police officers; 4) the number of disciplinary committees that included representatives of the public; 5) the number of disciplinary sanctions imposed (broken down by kinds of sanctions); 6) a description and assessment of the most widespread problems relating to the effectiveness and transparency of the procedure by which police officers are brought to disciplinary liability; 7) the prospects of creation of a disciplinary authority having status as an interregional territorial body of the National Police; 8) 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. Ministry of Internal Affairs of Ukraine The measure was implemented on time and in full Implemented
200% 18/ 9
2.2. 2.1.6.2.2. Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.1.6.2.1, followed by its expert discussion Ministry of Internal Affairs of Ukraine The measure was implemented on time and in full Implemented
2.3. 2.1.6.2.3. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law providing for: 1) the creation and functioning of two types of permanent independent disciplinary committees: a) tasked with conducting internal investigations into alleged violations of constitutional human and civil rights and freedoms by police officers; b) tasked with conducting internal investigations into other disciplinary misconduct by police officers; 2) making sure that at least one half of the members of disciplinary committees conducting internal investigations into alleged violations of human and civil rights and freedoms by police officers are reputed and well-known representatives of the public and human rights organizations; 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 (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) a ban on issuing any instructions for the disciplinary committees; 6) mandating that the conclusion of the disciplinary committee based on the findings of the internal investigation shall be approved by the chairperson of the committee; 7) obligating the supervisor of the police officer, who is authorized to impose a disciplinary penalty, to be guided by the conclusion of the disciplinary committee when deciding whether or not to impose the penalty, and where the supervisor objects to this conclusion he or she shall substantiate this decision in writing and send the conclusion and the materials of the internal investigation to the person who is authorized to approve the membership of the disciplinary committee, and this person shall decide whether or not to impose the disciplinary sanction; 8) the mechanism by which a police officer can appeal the decision to impose a disciplinary penalty on him or her; 9) the attributes and list of kinds of disciplinary misconduct by police officers, which violate constitutional human and civil rights and freedoms and for which the disciplinary committee can impose a disciplinary penalty, including dismissal from the position while remaining in the police force or dismissal from service in the police force; 10) making changes taking into account the recommendations on ways to improve the effectiveness and quality of work of police committees and the selection procedure issued based on the findings of the study indicated in subclause 2.1.6.2.1. Ministry of Internal Affairs of Ukraine There is progress in the implementation of the measure In progress
2.4. 2.1.6.2.4. Drafting a normative legal act that would align the normative legal acts of the Ministry of Internal Affairs with the law indicated in subclause 2.1.6.2.3 Ministry of Internal Affairs of Ukraine Not started
2.5. 2.1.6.2.5. Holding a public discussion of the draft normative legal act indicated in subclause 2.1.6.2.4, and ensuring its revision (if needed) Ministry of Internal Affairs of Ukraine Not started
2.6. 2.1.6.2.6. Approving the draft normative legal act indicated in subclause 2.1.6.2.4 and submitting it for state registration Ministry of Internal Affairs of Ukraine Not started
2.7. 2.1.6.2.7. Supporting the state registration of the normative legal act indicated in subclause 2.1.6.2.4 Ministry of Internal Affairs of Ukraine Not started
2.8. 2.1.6.2.8. Appointing the members of disciplinary committees mandated by the law indicated in subclause 2.1.6.2.3 Ministry of Internal Affairs of Ukraine Not started
2.9. 2.1.6.2.9. Ensuring the commencement of the work of disciplinary committees mandated by the law indicated in subclause 2.1.6.2.3 Ministry of Internal Affairs of Ukraine Not started
3.1. ESR 2.1.6.3 A system for evaluating the performance of employees of the National Police as well as an electronic human resources management system have been developed 2.1.6.3.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law stipulating that: 1) the procedure of certification of police officers must include the mandatory evaluation of the effectiveness of police officers, and the existing criteria must be supplemented with such evaluation criteria as integrity (using the reasonable doubt approach), managerial competencies (for managers), and job performance; 2) the evaluation of a police officer’s effectiveness as part of certification shall be carried out in the electronic human resources management system (e-HR); 3) the consolidated results of evaluation of the effectiveness of police officers as part of certification shall be published on the official website of the National Police; 4) an interview as a method of evaluation of managerial competencies shall be conducted only for police officers in managerial positions by a committee at least 25 percent of whose members are representatives of the public; 5) the evaluation rating of police officers and the recommendations of the electronic evaluation system must be considered when approving managerial and staffing decisions at the National Police, including with respect to awarding additional kinds of monthly allowances, bonuses. Ministry of Internal Affairs of Ukraine The measure was implemented on time, but partially Partially implemented
200% 14/ 7
3.2. 2.1.6.3.2. Drafting normative legal acts of the Ministry of Internal Affairs needed for the implementation of the law indicated in subclause 2.1.6.3.1, stipulating that: 1) the methods of evaluation include: computer testing; evaluation using the “360 degrees method” (i.e., anonymous gathering of information about a police officer from other fellow police officers, civil servants, and employees of the police with whom this police officer interacts while performing official duties); an interview with the evaluation committee (only for managers); 2) evaluation against the criteria of integrity (using the reasonable doubt approach), professional, functional, and managerial (for managers) competencies of police officers shall be carried out as part of each evaluation method, and the criterion of a police officer’s job performance shall be evaluated using computer analysis of statistical data on each police officer; 3) during the interview (for managers), every committee member shall give a score for each criterion against which a police officer is evaluated; the interview shall be recorded on video and audio tape; 4) each evaluation committee shall have at least 25 percent of its seats filled by representatives of the public, while the other members shall be appointed from among police officers selected randomly by the electronic evaluation system among police officers with the highest rating based on the outcome of previous evaluations; 5) based on the outcome of the evaluation, each police officer shall be assigned an evaluation rating in the electronic evaluation system, which consists of: a) the overall score reflecting the degree to which the police officer fits the position held; b) the overall potential of the police officer’s professional development; 6) the evaluation rating of police officers is assigned in points using a unified software algorithm and exclusively by the electronic evaluation system based on the input of scores received by the police officer for each criterion after testing, evaluation using the “360 degrees method”, the interview (for managers only), as well as job performance data; 7) in calculating the rating, the unit weight of scores received by the police officer for each of the evaluation criteria is the same; consolidated and depersonalized rating data shall be published on the official website of the National Police; 8) based on the data gathered, the electronic evaluation system will general recommendations for each police officer regarding a specific training program to be completed at educational institutions that train police officers or at the unit where the police officer is working. Ministry of Internal Affairs of Ukraine Not started
3.3. 2.1.6.3.3. Holding a public discussion of the draft normative legal acts of the Ministry of Internal Affairs indicated in subclause 2.1.6.3.2, and ensuring their revision (if needed) Ministry of Internal Affairs of Ukraine Not started
3.4. 2.1.6.3.4. Approving the draft normative legal acts of the Ministry of Internal Affairs indicated in subclause 2.1.6.3.2 and submitting them for state registration Ministry of Internal Affairs of Ukraine Not started
3.5. 2.1.6.3.5. Supporting the state registration of draft normative legal acts of the Ministry of Internal Affairs indicated in subclause 2.1.6.3.2 and their official publication Ministry of Internal Affairs of Ukraine Not started
3.6. 2.1.6.3.6. Arranging an analytical study focused on the prospects of improvement of the staffing policy and changes in the conditions of remuneration of police officers with a view to enhancing the competitive ability of police service in the labor market, including proposals regarding the sources of funding to cover additional expenses for remuneration of police officers Ministry of Internal Affairs of Ukraine The measure was implemented on time and in full Implemented
3.7. 2.1.6.3.7. Presenting a report on the findings of the analytical study indicated in subclause 2.1.6.3.6, conducing an expert discussion of the report, reviewing suggestions and critical comments Ministry of Internal Affairs of Ukraine The measure was implemented on time and in full Implemented

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: