2.4. Some questions of the termination of state-office relations in polices of Russia, the Great Britain and the USA
One of the prominent aspects characterising service in police anali -
ziruemyh in the dissertation of the countries, the question on dismissal of its employees is.
It is caused by that the legislation on the termination of the office
Legal relations in police should protect employees, on the one hand,
From unreasonable and unexpected dismissals for them to guarantee from about -
izvola from heads and, thus, to inspire confidence in
Possibilities of realisation of long career, with another – to allow
Operatively to clear numbers of police from incompetent, mismatching
To the requirements, the policemen who have compromised in one way or another.
Questions of the termination of office relations in police bodies as a whole
Are regulated by Federal act articles 80-89 «About service in bodies vnut -
rennih affairs of the Russian Federation ». Owing to great volume containing
There a standard material, and also presence of a significant amount of a sou -
debnoj experts on the given questions (as a rule, employees of bodies vnut -
rennih affairs address in courts concerning illegal, in their opinion,
Dismissals) to consider all them within the limits of the given paragraph of the dissertation not
It is obviously possible. Therefore, as it also is reflected in the name of the paragraph,
Speech at us will go only about some problem questions of the termination gosu -
Darstvenno-office relations in bodies of police of Russia, taking into account experience
The Great Britain and the USA.
According to Federal act item 80 «About service in bodies internal
Affairs of the Russian Federation »the service in law-enforcement bodies stops in
Case:
1) dismissals of the employee of law-enforcement bodies;
2) destructions (death) of the employee of law-enforcement bodies, recognitions with -
trudnika law-enforcement bodies it is when due hereunder unknown otsutst -
vujushchim and (or) its announcements the died.
168
The employee of law-enforcement bodies leaves from service in bodies
Internal affairs in connection with the termination or contract cancellation (ch. 1
Item 81).
Actually the bases of the termination or cancellation of the contract with with -
trudnikom OVD are in detail painted in item 82 of the same law. Thus it is possible
At once to pay attention that the in itself bases, fixed is given -
Ache article are quite obviously divided on two groups: imperative (when
Dismissal is obligatory) and optional (when dismissal is possible). Dis -
The positive bases (the contract can be terminated, and the employee orga -
Be new internal affairs can it is dismissed from service in law-enforcement bodies)
Are fixed in ch. 2 items 82 of the Federal act «About service in bodies internal
Affairs of the Russian Federation ». As to the imperative bases, they,
In turn, are divided on two groups: ch. 3 same laws specify a feather -
chen cases when «the contract comes under to cancellation, and the employee of bodies
Internal affairs to dismissal from service in law-enforcement bodies », and ch. 4 when
«The employee of law-enforcement bodies comes under to dismissal in connection with loss
Trust ». However in both cases, abundantly clear, dismissal is
The obligatory.
Such division had been solved an old problem, about which during the period
Actions of become invalid Law of the Russian Federation «About militia» wrote
Researchers.
The matter is that item 19 of the Law of the Russian Federation «About miles -tsii », establishing the bases of dismissal of employees of militia, containing -
la only the optional formulation «Employees of militia can be
Are dismissed ». As wrote in this occasion M.V.Presnyakov and S.E.Channov,« if
With reference to such bases of dismissal, as «on own zhela -
niju ", during staff redundancies", on office discrepancy of the occupied
Posts owing to insufficient qualification by results attesta -
tsii », etc., it looks quite obosnovanno, occurrence of some
The bases, in our opinion, should involve imperative prekra -
shchenie office relations. So, it is quite obvious, that coming into force about -
169
Accusative sentence of court, presence of the conclusion of the military-medical commission
About worthlessness to service in law-enforcement bodies should represent
Not possible, and the obligatory reasons of dismissal of the employee of militia »1.
Judiciary practice also showed leaving possibility on
To service within the limits of the legislation of employees operating on that moment
The militias, even made criminal offences. For example, Kuntsevsky
The regional court of of Moscow recognised on April, 27th, 2004 as guilty the employee mi -
litsii F in fulfilment of the crimes provided by the item "and" ch. 3 items 286
(Excess of official powers with violence application) and ch. 1 items 161
(Robbery) UK the Russian Federation also has defined punishment in the form of imprisonment for a period of three
Year with the debaring to occupy posts in law enforcement bodies or
To be engaged in law-enforcement activity for a period of two years. On a basis -
nii item 1 of the Decision of the State Duma of the Russian Federation «About the amnesty announcement
In connection with the Victory 55 anniversary in the Great Patriotic War of 1941-1945 »
The court has released F from punishment. Meanwhile ch. 2 items 86 UK provide the Russian Federation,
That the person released from punishment, is considered the person with clean criminal record with all vyte -
kajushchimi from this legal status consequences. The victim on ugo -
lovnomu to business addresses in corresponding instances, demanding at least
Dismissals from law-enforcement bodies of the employee recognised as court pre -
stupnikom. However receives the answer of the chief of the department of the organisation about -
Circulations of service of Department of personnel maintenance of the Ministry of Internal Affairs of Russia, from koto -
rogo follows, that decision-making on further service F.
Is in the competence of the chief of the body having the right of appointment on
Post. The head of division where F serves, has considered a cart -
mozhnym not to dismiss его2.
1 Presnyakov M. V, CHannov S.E. regulation office otno -
sheny: the theory and practice / under the editorship of G.N.Komkovoj. Saratov: the Scientific book, 2008. With. 356.
2 See in more details: Semenov V. G «Can be dismissed» or «Comes under to dismissal»?//
Labour disputes. 2006. № 9. With. 41.
170
In this connection it is represented to us, that by preparation Federal for -
Game «About service in law-enforcement bodies of the Russian Federation» zakonodate -
lem more successful decision has been selected.
At the same time disputable see separate fixed by given fede -
ralnym the law cases, when dismissal of the employee of police (bodies vnut -
rennih affairs) is, accordingly, obligatory or not. So, for example,
Even in operation of law of the Russian Federation «About militia» we wrote
About that at formation of the anticorruption legislation apply -
telno to law-enforcement service, the legislator, mechanically having transferred og -
ranichenija, duties and interdictions from the Federal act «about the state
To civil service of the Russian Federation »in normative acts about service
Law-enforcement, "has forgotten" about necessity to provide their similar
Measures of legal responsibility. As a result, though formally they of races -
prostranjalis on the same employees of militia to apply to them for nesoblju -
denie these duties, interdictions and restrictions at least measures distsiplinar -
Ache responsibility it was probably far not always. Possibility dismiss -
nenija the employee of militia whom the businessman - for example, would be engaged
skoj activity, having broken thereby the established interdiction, it is simple otsut -
ствовала1.
The legislation operating now on service of the internal
Affairs shows, in our opinion, only partial decision of the given problem.
So, item 20 ch. 2 items 82 of the Federal act «About service in law-enforcement bodies
The Russian Federation »establishes possibility of dismissal of the employee
Law-enforcement bodies in connection with non-observance by the employee of restrictions and
The interdictions established by federal acts. At the same time in specially
Item 82.1"entered into the law Dismissal in connection with trust loss» perechislja -
jutsja cases when employee OVD comes under to dismissal in connection with loss to -
verija. It is possible in cases:
1 See about it in more details: Gustova L.V., CHannov S.E.counteraction of corruption in sis -
To theme of law-enforcement bodies//the Citizen and the right. 2009. № 10. With. 32-37.
171
1) nonacceptance by the employee of law-enforcement bodies of measures on predotvra -
shcheniju and (or) to settlement of the conflict of the interests, which party it
Is;
2) non-presentations by the employee of law-enforcement bodies of data about svo -
Their incomes, expenses, about property and obligations property harakte -
ra, and also about incomes, expenses, about property and obligations imushchestvenno -
go character of the of the spouse (spouse) and minor children or before -
stavlenija obviously doubtful or incomplete data;
3) participations of the employee of law-enforcement bodies on a paid basis in deja -
telnosti controls of the commercial organisation, behind an exception slu -
The teas established by the federal act;
4) realisation by the employee of law-enforcement bodies predprinima -
telskoj activity;
5) occurrences of the employee of law-enforcement bodies in structure of bodies
Managements, trustee or the supervisory boards, other bodies ino -
Strange noncommercial non-governmental organisations and operating
In territory of the Russian Federation of their structural divisions, if
Other is not provided by the international treaty of the Russian Federation or
The legislation of the Russian Federation;
6) infringements by the employee of law-enforcement bodies, his wife (supru -
gom) and minor children in the cases provided Federal -
nym the law from May, 7th, 2013 N 79-FZ "About an interdiction to separate categories of persons
To open and have accounts (contributions), to store cash money resources and the prices -
nosti in the foreign banks located outside of territory of Russia -
skoj Federations to own and (or) to use foreign financial in -
strumentami ", an interdiction to open and have accounts (contributions) to store cash
Money resources and values in the foreign banks located for pre -
Affairs of territory of the Russian Federation to own and (or) to use ino -
Strange financial tools.
172
It is simple to notice, that all cases of loss of trust listed above
Are cases of infringement or established by the legislation it is obliged -
nostej (item 1-2) or interdictions (item 3-6). Thus, in this case zakonoda -
Telem division of cases of default by employees also is made or -
ganov internal affairs of duties, non-observance of interdictions by them and restrictions
On, conditionally, "heavy" which attract dismissal from service in the obligatory
Order and other at which dismissal is possible under the decision supervise -
lja federal enforcement authority in sphere of internal affairs or
The authorised head.
Basically such decision also looks correct, as dale -
To not in each case of infringement by employees of police established for -
pretov, non-observance of restrictions and failure in duties tselesoob -
Differently them to dismiss. Such infringement can be heavy, able to entail
Serious consequences (for example, in case of employment by the employee of police
Enterprise activity), and can be and less considerable
(For example, in case of an assumption the employee of a public estimation of activity
The state bodies). Certainly, in the first case the extremely undesirable
Would be to leave the decision on dismissal of the employee to the discretion of it is
The driver, in the second dismissal looks excessive punishment for with -
vershennoe act.
However questions in this case at us are caused by distribution
Cases of infringement by employees of police of the established interdictions, nesoblju -
denija restrictions and failure in duties. So, for example, causes in -
prosy: why does not attract obligatory dismissal from police numbers narushe -
nie such serious interdiction as will lock to receive in connection with execution
Official duties of compensation from physical and legal bodies
(Gifts, monetary compensation, loans, services, payment of entertainments, otdy -
ha, transport expenses and other compensations). Reception voznagrazhde -
nija from physical or legal bodies the employee of police in communication
With execution of official duties, in our opinion, is oche -
173
It is visible the expressed corruption action. Leaving of such employee
On service, admissible within the limits of the current legislation under the decision
Its head will not be, from our point of view, to promote eradication
Corruption in police numbers.
On the other hand the doubt causes compulsion of dismissal in us
Employees of police in cases of non-presentation by them of data on the doho -
dah, expenses, about property and obligations of property character, and
Also about incomes, expenses, about property and obligations property ha -
raktera the spouse (spouse) and minor children or predstavle -
nija obviously doubtful or incomplete data. Certainly, given lips -
novlennaja the law the duty allows to reveal the persons receiving korrup -
tsionnye or other illegal incomes, and its non-observance can be on -
Torture these incomes to hide. On the other hand there are many examples, when
Its default properly does not carry really social
Dangerous character, it is frequent civil servants of various bodies
The authorities submit data not in full because of simple forgetfulness, not -
Knowledge of any aspects of the legislation, disagreement of close persons these is
nija to give, etc. ignorance of laws is final «does not release from otvetst -
vennosti », however, from our point of view, this responsibility not in all slucha -
jah should consist in application of such strict measure as dismissal.
Meanwhile, in practice it is possible to meet examples, when employees of police
(Militias) left in connection with neukazaniem in the declaration of data about avto -
The mobile sold by proxy; incorrect instructions of the area of the garden
Small house, etc. As it seems to us, in many of these cases, from positions tselesoob -
Differences it would be admissible to be limited to application to them of measures distsipli -
narnoj the responsibility, not connected with dismissal.
It is necessary to tell, that till January, 1st, 2015 non-presentation by the employee
OVD data (representation obviously doubtful or incomplete svede -
ny) about the incomes, expenses, about property and obligations imushchestvenno -
go character, and also about incomes, expenses, about property and obligations
174
Property character of the of the spouse (spouse) and minors de -
tej it could be considered as gross violation office distsip -
liny (item 13 ch. 2 items 49 of the Federal act «About service in bodies internal
Affairs of the Russian Federation ») and in such approach not necessarily attracted dismiss -
nenie from service. However, by the Federal act from 03.12.2012 № 231-FZ it is given -
nyj the point has been excluded from the law, that, on the one hand, has allowed to resolve
The collision, consisting that the same act could rassmatri -
vatsja and as the corruption offence attracting obligatory uvolne -
nie from service, and as the gross violation of office discipline supposing
Application and less serious sanctions, with another – has left to personnel officers orga -
The first variant of actions, that is new internal affairs in this case only, on
Our sight, is not true.
In this connection it is represented to us, that the legislation on service in or -
ganah internal affairs and about police requires certain changes in
The parts, concerning dismissals of employees. So, in our opinion, follows
To make changes in ch. 1 items 82.1 of the Federal act «About service in bodies
Internal affairs of the Russian Federation », having added with its such basis
Dismissals from bodies as reception by employee OVD in connection with execution
Official duties of compensation from physical and legal bodies
(Gifts, monetary compensation, loans, services, payment of entertainments, otdy -
ha, transport expenses and other compensations). On the contrary, from this part
Item 2 should be excluded, obliging to dismiss employee OVD in a case
Non-presentations of data by it about the incomes, expenses, about property and obja -
zatelstvah property character, and also about incomes, expenses, about imushche -
stve and obligations of property character of the of the spouse (spouse) and not -
Full age children or representation obviously doubtful or not -
Full data. In that case at fulfilment of a similar offence,
It will be considered, proceeding from Federal act item 50.1 «About service in
Law-enforcement bodies of the Russian Federation »as non-observance sotrudni -
Clod of law-enforcement bodies of restrictions and interdictions, requirements about predotvra -
175
shchenii or about settlement of the conflict of interests and default objazanno -
stej, established with a view of counteraction of corruption with possibility for
The head to dismiss the guilty employee or to apply to it other
Summary punishment measure in dependence about circumstances of business. Names -
But at such approach, in our opinion, a disciplinary responsibility sotrud -
nikov it will be valid to police to act as a method implementer
Compulsions on administrative law about what it is fairly written in on -
uchnoj литературе1.
Also one of the special bases of dismissal of employees orga -
It is new internal affairs, traditionally characteristic to the given kind gosu -
Donative service to which we would like to pay attention in frameworks on -
Standing dissertational research dismissal in connection with is with -
Holding court of the offence discrediting honour of the employee of law-enforcement bodies
(Item 9 ch. 3 items 82 of the Federal act «About service in law-enforcement bodies of Dews -
sijskoj Federations »). Before acceptance of the given law the bases similar as a matter of fact
Contract cancellation contained in the item "l" ch. 1 items 58 of Position about service in
Law-enforcement bodies to the full korrespondiruet the item "m" ch. 7 items 19 Zako -
To the Russian Federation «About militia».
In all specified cases fastening of the ethical takes place, as a matter of fact,
Norms in the legal act. It is possible to recognise in itself it proved, as,
As it is fairly marked in the literature, "honour of the employee of militia" is
The ethical category characterising high social prestige of members
Professional militian community "2. Owing to it« offences, on -
rochashchie honour of employees of law-enforcement bodies even if they are made
1 Konin N.M., Sokolov A.JU., Lakaev O. A. The review of the book: Grishkovets A.A., Rostovtsev
JU.V., Fomina S.V.state civil service: the Training course//Administrativ -
noe the right and process. 2014. № 6. With. 87 - 88.
2 Solovej J.P., Tchernikov V.V. Kommentary to the Law of the Russian Federation "About militia".
M: the Prospectus, 2001.
176
Outside the limits of course of duty, mistrust and luxury - generate
tivnoe the relation to the specified bodies from the population »1.
It is necessary to tell, that in practice the given basis of dismissal of employees
Law-enforcement bodies it was applied and applied not often. In opinion
J.Churilova, connects it by that «the legislation does not interfere with -
trudniku to leave in these cases at own will, to that sposobst -
vujut and heads of law-enforcement bodies, defending "official authority". Ka -
Kih-or-or the restrictions connected with dismissal at own will, not
Contains and in the bill, and in vain »2.
It is possible to agree with the opinion stated to it only partly. Hardly
The legislation on office activity in law enforcement bodies (in
That number, and about service in police) can establish basically any
Restrictions on dismissal from bodies at own will, for deprivation
The employee of possibility to cease office activity at any moment
obosnovanno it would be considered as the forced labour forbidden not
Only the Constitution of the Russian Federation, but also the Convention the SQUANDERER «About at -
nuditelnom work ». It is indicative, that some restrictions of the termination
Office activity are at own will established zakonoda -
telstvom of some the states (including Russia) only in the relation military -
The employees excluded from sphere of action of the specified Convention the SQUANDERER.
At the same time we absolutely agree that in practice dejstvi -
telno very many heads promote dismissal of the guilty
Employees of police at own will, not wishing «to take out rubbish from
Log huts ». Besides, the negative role is played here by uncertainty ponja -
tija «the offence discrediting honour of the employee of law-enforcement bodies».
In our opinion, it has, at least, two consequence. With one
The parties, in certain situations really as J.Churilov marks,
Even at fulfilment by employee OVD of discrediting offences, it do not dismiss -
1 Presnyakov M. V, CHannov S.E. regulation office otno -
sheny: the theory and practice / under the editorship of G.N.Komkovoj. Saratov: the Scientific book, 2008. With. 358.
2 CHurilov J.Otkrojte, police!//the EZH-LAWYER. 2010. N 34. With. 8 - 9.
177
njajut on the given basis as in that case there is a probability
Restoration dismissed on service judicially (as the judicial
Practice in this sphere rather neopredelenna, and judges, naturally, can have
The representations about morals). On the other hand, presence of the given basis
Dismissals of employees OVD in the current legislation the way - can
stvovat to rendering on them pressure from a direct management,
Which at fulfilment of various acts, not to the full I correspond -
shchih to morals bolshej society parts can threaten them with dismissal.
It is necessary to tell, that the given problem draws attention and many zaru -
bezhnyh scientists as similar norms exist and in the legislation about
Polices and in other countries. So, for example, L.Lestgarten gives an example,
When in Northern Wales the konstebl-trainee has been dismissed because it
Was married to the woman is more senior it, which earlier a vein from its uncles; predpo -
lozhitelno veins with it «a way of life of hippie» also held too many dogs
In the police station. Possibility of such dismissal, with
Its points of view, it is connected with absence the British legislation razjas -
neny concepts «good behaviour» which is used by the seniors ofitse -
rami for removal of moral judgements about private life of the policeman ofi -
цера1.
All it forces us to support opinion completely in this case
The scientists, calling to generate in the legislation at least the general krite -
rii definitions of offences of employee OVD and the polices, discrediting its honour.
Besides, probably, it was meaningful to fix in it and the list of situations,
Which though do not answer moral standards of the majority Russian about -
shchestva, but also cannot be the basis of its dismissal (for example, matrimonial
The change, certain nonconventional sexual experts, etc.).
Characterising the bases of dismissal of employees of bodies internal
Affairs and the polices established by the current legislation Russian
Federations, it is represented also within the limits of the present dissertation neobhodi -
1 The gouvernance of Police by Laurence Lustgarten. London, 1986. P. 80.
178
mym to address to the offer which quite often sounds in domestic on -
uchnoj to the literature. The matter is that the Russian legislation about gosudarst -
vennoj to service to a lesser degree, than the legislation of the countries of Europe and Se -
True America, differs from the labour legislation, including in in -
prosah, civil servants concerning dismissal.
Meanwhile, characteristic line of public service of the majority from
These states the raised security state serving - is
shchih (as a rule, not everything, but only displacing the highest posts) from
Possibilities of dismissal without their desire. Even in formation sovremen -
nyh public service models, its known French issledova -
tel B.Gurnej wrote: «… in interests of attraction and fastening of people on go -
sudarstvennoj it is necessary for service to bring home to everyone, that prebyva -
nie on public service and success of career (if only there are no serious
Omissions) depend exclusively on them... Working conditions gosudarst -
vennyh employees actually and legally should be established in soot -
vetstvii with idea of safety and guarantees: the confidence of employees is necessary
In that they risk to lose the position or the legitimate right on opre -
delennoe promotion only in the presence of serious to that is
vany which estimation is made by impartial instances. Influence
Any way accepted decisions on service should be isklju -
cheno "1.
As a result, now in many countries it is generated mo -
del, in which frameworks, the government official who has occupied enough you -
soky the post, cannot be dismissed from public service any more, for iskljuche -
niem fulfilment of crimes by it or the separate rough disciplinary
Offences. So, for example, in Germany the termination of office relations
Between the official and the state can take place only on the bases,
Specified in the law then the official retires (if it not uvo -
1 Gurnej B.Vvedenie in management science. M, 1969. With. 61.
179
Flax on circumstances discrediting it) 1. Also in Switzerland of ranks -
niki do not come under to re-election for a post only at presence it is defined -
nyh preconditions (conditions). Refusal in re-election should be by all means
обоснован2. In France officials of the state ministries, which
The special rank is appropriated, cannot be dismissed in case of their abolition
Posts: its rank grants to it the right to employment of another поста3. The rank is zashchi -
That of the official from accidents of administrative career, such as uprazdne -
nie posts, and lives political, as, for example, change of the political
The majority in local collective or правительстве4. In the Great Britain ru -
kovoditeli territorial branches, and also the higher ranks of police can
To be dismissed only in connection with their low efficiency деятельности5.
As consequence, some Russian scientists also offer in that
Or other kind to realise the specified experience, considerably having reduced quantity
The bases of dismissal of civil servants. So, for example,
A.A.Grishkovets in this occasion writes: «the official should be insured
From any dismissals, especially on organizational-regular mero -
prijatijam … the Official can be sent in resignation only on it is
vennomu to will or on reaching age limit … »6.
In the given offers, in our opinion, really is ratsional -
noe grain. It consists that under the current legislation go -
sudarstvennyj serving (including the employee of police) in Russian Fe -
deratsii it is not protected from dismissal in situations, it is absolute from it not depending -
shchih and in any way not connected with its actus reus. Coming back to that
1 Administrative law of foreign countries / under the editorship of A.N.Kozyrina – M, 1996.
2 Starilov JU.N.office the right. M, 1996. With. 483.
3 Kozyrin A.N.ministerial a control link in France//Reforms and the right. 2008. № 3.
4 Public service and civil servants in France: the Russian-French
A series: information and teaching materials. A new series. 1996. № 3. With. 21.
5 Law SK on police reform (Police Reform Act 2002)//
http://www.legislation.gov.uk/ukpga/2002/30/contents
6 Grishkovets of the state civil service in Russia -
skoj Federations. M, 2003. With. 112. Similar offers expressed it and in later
Works, see for example: Grishkovets A.A.state civil service. Educational
Course. M: Business and service, 2014. With. 61-63.
180
To the Federal act «About service in law-enforcement bodies Russian Fe -
deratsii », employee OVD can be dismissed, for example: in connection with sokrashcheni -
I eat posts in the law-enforcement bodies, displaced with the employee; in connection with
The expiry of the term of a finding of the employee at the disposal of federal orga -
On the executive authority in sphere of internal affairs, its territorial orga -
On or divisions.
Though fastening of such bases of the termination is state -
Office relations with the employee of law-enforcement bodies is in
Principle proved, at the same time, it does not allow the last to be uve -
rennymi in duration of the career, confidently to plan on desja -
tiletija forward, that not only lowers efficiency of their work, and is
The factor potentially increasing possibility corruption projav -
leny.
Besides, it is not necessary to forget about potential possibility uvolne -
nija employees of law-enforcement bodies and on such subjective and otse -
To the night basis as fulfilment of the offence discrediting honour of the employee
Law-enforcement bodies about what already it was spoken above.
On the other hand, it is represented to us, that fastening excessively narrow
The list of the bases of dismissal of officials from public service (as it
Offers A.A.Grishkovets), also can have negative consequences. As
Fairly marks S.E.Channov, «creation of a caste of"untouchable"ranks -
nikov can lead to abusing them the position, thus that
Will influence them disciplinary actions extremely zatrudnitel -
But »1.
It is necessary to tell, that if in domestic legal science express
Offers on complication of an order of dismissal of civil servants
With service, among the foreign scientists representing the countries where this is
del it is to some extent realised, it is observed opposite tenden -
1 CHannov S.E. model of regulation of office relations in
The Russian Federation: concept and the basic lines. Diss. dokt. jurid. Sciences. Saratov, 2010. With.
244.
181
tsija. Many experts specify that the separate state
Officials, having got now, thanks to norms natsio -
nalnogo legislations, considerable immunity from dismissals, quite often
The position злоупотребляют1.
If to speak about the same Great Britain, in it before reform of 2002
The chief of territorial branch of police in general practically nevoz -
It was possible to dismiss. Interests were the unique basis of its resignation «
Efficiency », that, in practice, demanded, first of all, to prove neeffek -
tivnost its works. As marked in this connection researchers, even at you -
The phenomenon of the scandalous facts of corruption in divisions headed by them,
Dismissal has been extremely complicated because of ambiguity of interpretation most
The term "inefficiency". If resignations nevertheless occurred the dismissed
Employees of police quite often challenged it in vessels, proving, that it was
It is made on other bases, rather than "efficiency".
Even more complicated a situation that fact, that though dismissal nachal -
nika territorial branch of police it was carried out it is
nym a police management, it demanded the obligatory coordination with
The Minister of Internal Affairs. As a result, as wrote L.Lestgarten «the chief
Police territorial administration can ignore policemen vla -
sti if it has possibility to count on ministry support
Internal affairs. There, where last years there were conflicts between not -
Which police authorities with the majority of labourites and the chief -
mi a police territorial administration, the last always were able
To count on the safety provided with the Minister of Internal Affairs from
Conservative parties. In such cases the police authorities also did not try from -
To correct objectionable chiefs of territorial branches in resignation, horo -
sho realising, that it will not be. Kenneth Oksforda's answer – the chief terri -
torialnogo managements of police of Merseyside – at attempt to send it in
1 See for example: Bradford K. British Police: A Conceptual Review. London, 2007. P. 134;
Jackson J., Bradford B., Stanko E., Hohl K. Just Authority? Trust in the Police in England and
Wales. London, 2012. P. 37.
182
Resignation: «I possess each Christian virtue, except humility»
Remarkably transfers safety of its position »1.
In this connection it is represented to us, that increase of a legal protection with -
trudnikov polices in the Russian Federation should go not through reduction
The list of the bases of their dismissal, and through strengthening of system various garan -
ty. It can be, first of all, due processes of law, as it
Offers S.E.Channov2, consisting in creation special administrativ -
nyh mechanisms of the control over legality of dismissal of employees of police.
It is necessary to tell, what exactly due processes of law from illegal dismissals
Are provided by the legislation of the Great Britain with the relation of private soldiers with -
trudnikov polices (konsteblej). As marks L.Lestgarten, «konstebl those -
per uses bolshej remedial protection of safety of the worker mes -
That in case of dismissal, than other public employees »3, and data
The mechanism has not been excellent or weakened in the course of reform of 2002.
Besides, with reference to the separate bases of dismissal with
Services in police, for example, to dismissal in connection with post reduction
In the law-enforcement bodies, displaced with the employee followed fix
The guarantees directed on the greatest possible preservation for sotrudni -
Clod of police of possibility to continue career.
Thus, summing up studying of office activity in orga -
nah polices of the Russian Federation, the Great Britain and the USA, we will note sle -
The blowing:
1. Any civil servant, realising official a floor -
nomochija, represents in mutual relations with citizens the state in tse -
Breakage. Therefore it is quite logical, that to the persons arriving on state
Service, are shown raised, in comparison with the majority of the usual
Workers of the requirement. Especially specified concerns employees of police.
1 The gouvernance of Police by Laurence Lustgarten. London, 1986. P. 76.
2 CHannov S.E. model of regulation of office relations in
The Russian Federation: concept and the basic lines. Diss. dokt. jurid. Sciences. Saratov, 2010. With.
245.
3 The gouvernance of Police by Laurence Lustgarten. London, 1986. P. 30.
183
As a whole it is possible to notice, that receipt conditions on service in police
In the Russian Federation correspond to experience developed foreign gosu -
darstv. At the same time, contrary to experience of the majority of the states
The world, in the Russian Federation competitive selection practically is not used
For replacement of posts of employees of police. It is represented, that in on -
Standing time, taking into account substantial increase of the sizes monetary soder -
zhanija employees of police and the general increase of prestigiousness police
Services, competition should become the basic way of replenishment kadro -
vogo structure of police of Russia.
2. One of features of receipt on service in bodies of the internal
Affairs compulsion of passage special psychophysiological is
Researches (inspections) and testing, including, inspections on on -
ligrafe (lie detector). Now check of the future policemen in
The Russian Federation on a polygraph it is carried out selectively. Meanwhile,
In many foreign countries and, including, to the Great Britain and the USA, about -
Conducting special psychophysiological testing of candidates on
Service in police by means of a polygraph is obligatory about -
tseduroj.
In this connection it is obviously necessary, besides fastening objaza -
telnosti checks of all candidates on a post of employees of police on
Polygraph to develop and accept the subordinate legislation normative act, I regulate -
shchy receipt questions on service in police and, in particular, the defining:
What questions should be set to candidates and whom to set it is forbidden.
3. Receipt on service in police of the Russian Federation makes out -
sja by the conclusion with the citizen of the contract on service. Now
The contract on service in law-enforcement bodies is defined as the agreement me -
I wait the head of federal enforcement authority in sphere vnut -
rennih affairs or the authorised head and the citizen arriving
On service in law-enforcement bodies, or the employee of law-enforcement bodies
About service in law-enforcement bodies and (or) replacement should -
184
sti in law-enforcement bodies. The made definition not only mismatches
To experience of the foreign states where, as a rule, the contract party names -
sja the state is direct, but also directly contradicts similar trebo -
vanijam the Federal act «About system of public service Russian
Federations ». In this connection it is offered to make changes in ch. 1 items 21 Fede -
ralnogo the law «About service in law-enforcement bodies of the Russian Federation»,
Having specified in it, that the party of the contract with serving bodies internal has put
The Russian Federation is directly.
4. Having arrived on service in police, the citizen becomes the carrier oso -
bogo a complex of the right, duties, guarantees, etc., which in aggregate
Are called as its legal status (position). Realisation elemen -
tov a legal status also characterises public service passage in
Police bodies. In the dissertation some of these have been analysed
Legal status elements, thus, the special attention was given to the rights and
To the duties connected with possibility of application of measures of the state
Compulsions.
It has been thus noticed, that, though in the operating Federal act
«About police» experience of the foreign states, and, in particular, the USA is considered, tre -
bujushchy from employees of police in case of application to the citizen of measures, ogra -
nichivajushchih its rights and freedom to explain it the reason and the bases to the tonic -
nenija such measures, and also arising in this connection the rights and duties gra -
zhdanina and in this case possibilities of use of foreign experience not
Are settled up to the end. So-called rule Mirandy demands, besides it,
Deliveries to the arrested person of a special card, on which these rights zafiksi -
rovany. All it demands, in our opinion, entering of respective alterations
In the legislation.
Obligatory element of service in police of all rassmat -
rivaemyh in the present dissertation of the countries assignment by the policeman is
Special ranks (ranks). In the dissertation it has been noticed, that system at -
svoenija special ranks in police of the Russian Federation has as plju -
185
sy, and minuses, in comparison with used to the Great Britain and the USA. On -
To it, at preservation as a whole the Russian approach to the given question, zhela -
telnym gradual introduction of the British experience of assignment looks spe -
tsialnyh ranks. At preservation as a whole the operating approach to above -
niju employees of police in a rank (in particular, dependences of increase in
Rank from a period of service and a displaced post) expedient looks is -
Using of procedures of check of their knowledge and skills (for example, in shape kva -
lifikatsionnyh examinations), compulsions before increase in a rank about -
Circulations of extraordinary courses of improvement of qualification, etc. Thus
Would be quite possible to make use of already available experience of assignment with -
trudnikam polices qualifying званий1.
5. One of the major directions of legal regulation the figure -
nosti polices formation of system of counteraction of corruption is in
Its structures. In the dissertation it has been noticed, that legislative definition
The corruption, used in the Federal act «About counteraction of barks -
ruptsii »is obviously unsuccessful (actually, it cannot at all rassmat -
rivatsja as definition) also should be changed. Corruption can be in
It it is defined as the illegal activity consisting in ispol -
zovanii officials of the official position on purpose poluche -
nija the illegal material or other benefit, aggrieving to interests
Citizens, societies and the states.
In the given paragraph of the dissertation, besides, on the basis of experience It is great -
britanii and the USA, have been made various specific proposals, naprav -
lennye on strengthening of struggle against corruption in police of Russia, in particular, about:
Regular training of employees at courses of improvement of qualification
To requirements of police ethics of examples concrete practical situa -
tsy which can meet it in their work;
1 See: the Order of the Ministry of Internal Affairs of Russia from 10.01.2012 № 1 (red. From 25.07.2013) "About the statement Instruk -
tsii about an order of assignment of qualifying ranks to employees of law-enforcement bodies
The Russian Federation "(It is registered in Ministry of Justice of Russia 28.02.2012 N 23353)//Dews -
sijskaja the newspaper. 2012. № 76
186
Fastening of a duty of employees of police to inform the not -
Mediocre management and (or) law enforcement bodies about all becoming -
shih known for it the facts of declination of employees OVD to fulfilment of barks -
ruptsionnyh offences;
Establishment of special limitations on quantity of cash, koto -
rye the policeman can have at itself during watch, thus, that vyjav -
lennoe excess of the given sum should be the basis for provede -
nija office investigation about an origin of the given money;
Change of campaigns to rotation procedure in law-enforcement bodies of Dews -
These. It is necessary to provide, first, rotation not only heads, but
And the persons displacing other posts, at least, those from them, which jav -
ljajutsja potentially most korruptsiogennymi. Secondly, it is necessary
To make rotation of policemen after a finding on a post the defined
The period obligatory (as it is made in the legislation on the state
To civil service). Thirdly, it is required to specify the settling in the law
The list of reasonable excuses of refusal of employee OVD from transfer into another
Post as rotation and imperatively to establish consequences such
Refusal;
About expansion of the right of employees of police to work in combination,
If it does not create a situation of the conflict of interests;
About change of an operating interdiction for reception by employees weed -
tsii gifts so that under an interdiction there was a reception by them
Any gifts from any organisations, except concerning bodies go -
sudarstvennoj the authorities.
6. In the final paragraph of the dissertation have been is short considered
Some questions connected with the termination state-office from -
Carrying in bodies of police of Russia, taking into account experience of the Great Britain and the USA. In
Communications with it also have been stated some offers on change
The current legislation, including, about:
187
Establishment of obligatory dismissal from service of employees of police
The Russian Federation, broken an interdiction for reception of compensation from
Physical and legal bodies in connection with execution official objazanno -
stej;
Fastenings of possibility of leaving on service in some cases with -
trudnikov polices in cases of non-presentation by them of data on incomes,
Expenses, about property and obligations of property character, and also about
Incomes, expenses, about property and obligations of property character
The spouse (spouse) and minor children or representation the manager -
domo doubtful or incomplete data, simultaneously with application to
It of softer measures of a disciplinary responsibility;
Formation in the legislation of the general criteria of definition about -
stupkov employee OVD and the police, discrediting its honour, and also typical
The list of situations, which though do not answer moral standards bolshinst -
va the Russian society, but also cannot be the basis of its dismissal;
Strengthenings of system of due processes of law from unreasonable dismiss -
nenija employees of police.
188
More on topic 2.4. Some questions of the termination of state-office relations in polices of Russia, the Great Britain and the USA:
- 1.1. Istoriko-legal genesis of police in Russia, the Great Britain and the USA
- Chapter 2. The Legal status of the self-adjustable organisations but to the legislation of Russia, the USA and the Great Britain.
- Chapter 1. Teoretiko-methodological bases of the organisation and police activity as law enforcement body in Russia, the Great Britain and the USA
- Chapter 2. Service in police as a kind of law-enforcement service: experience of Russia, the Great Britain and the USA
- 1.2. Police in the Russian Federation, the Great Britain and the USA during the modern period: decentralisation possibilities
- transaction in the market of the corporate control: experience of the USA and the Great Britain
- 1.3. Functions of police of the Russian Federation, the Great Britain and the USA
- Smartly Tatyana Stanislavovna. PROTECTION OF THE RIGHTS AND INTERESTS MINORITARNYH OF PARTICIPANTS OF NOT PUBLIC SOCIETY IN THE RIGHT OF RUSSIA, THE USA AND The Great Britain. The dissertation on competition of a scientific degree of the master of laws. Moscow 2017, 2017
- Gustov Lydia Vjacheslavovna Organizatsionnye. and legal bases of functioning of police of Russia, the Great Britain and the USA: rather-legal research. The dissertation on competition of a scientific degree of the master of laws. Saratov, 2015 2015
- legal regulation of conditional wills in the countries of the Anglo-Saxon right (the Great Britain, the USA, Canada, Israel)
- speech reprezentatsija intertext dialogichnosti Russia and the Great Britain at the present stage
- 2.1. The analysis of the legislation of the Great Britain and prospect of application of its separate positions in Russia
- §3. A parity of the general and special bases of the termination of munitsipalno-office relations
- the Great Britain as regionalistskoe the state: features of the constitutional model