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§ 2. Principles of acquisition of shots and service In police of the Estonian Republic

Today hardly there will be the scientific or practical worker opposing necessities of improvement of personnel filling of law-enforcement bodies, increases of professionalism, discipline of responsibility of staff.

Despite lacking unity in sights concerning ways and ways of the decision of the given questions, some Russian scientists who are engaged in research of problems of preparation and acquisition of shots in bodies internal дел1, allocate as one of perspective directions of perfection of personnel selection integration of a professional training of law-enforcement bodies into world system of police formation (with a view of use of foreign experience for perfection of departmental system of preparation).

For the purpose of development of the given direction of personnel selection in the Russian bodies of the law and order, and also for the purpose of possible implementatsii positive experience of Estonia in the field of preparation of police shots and passage of police service we will consider experience

The organisations and regulations of the given questions in police of the Estonian Republic.

Management of police of Estonia as well as the management of the Russian police, considers as one of priority directions of activity acquisition of staff of police which constantly demands to itself the big attention and responsibility [144]. Questions of personnel maintenance are regulated by the Law of the Estonian Republic from May, 6th, 2009 «About police and boundary protection», charters of the Ministry of Internal Affairs and Department of police and boundary protection, internal orders and orders, etc.

The prestige of police service is in Estonia at high level which has been reached during police reforms of 2004 when personnel divisions of police had a possibility not to type, and to select candidates on service. After carrying out of the next reform of 2009 there was a new requirement for conversion training of police shots and integration of system of police preparation for the all-European system of preparation of employees of police.

To begin with we will consider bases of preparation of police shots in specialised educational institutions directly in the Estonia which as well as police system of Estonia changed and improved according to increasing requirements.

Till 2004 base police formation could be received in Police college at Academy of internal protection and at police School in Pajkuze. Since autumn of 2004 these two specialised educational institutions have been consolidated. Also in 2005 as one of constituting police reform of 2004 in Estonia the program of training prepared specially for a raising of prestige konsteblskoj of service has been developed. In the attention centre konsteblskoj services - the person and aspiration to adjust close cooperation with the population, for which

It is created safe vital среда1. Till 2010 the system of police formation was two-level, in following step which by a basis obligatory passage previous and application in work of the received knowledge and skills is. At the first stage of the average professional education knowledge and the skills necessary for successful work in quality konsteblja is acquired. After two years of study the cadet passes final examinations, and in case of their successful delivery goes for passage of five-monthly practice to one of police divisions.

By results of practice with corresponding recommendations it is enlisted on service. At will the policeman without a separation from service can continue study in Academy of internal protection of Estonia. At the second step of applied higher education knowledge and the skills necessary for successful work as the expert of police is acquired.

Creation of Department of police and boundary protection has made essential changes and to existing system of preparation of the future policemen. The model of police formation became three-stage, however for reception of possibility of training on degree above the same as and before the reform, trained has been obliged to pass the previous educational degree. So, the first step means, that the trained should pass vocational training which proceeds two years and the graduate who has received vocational training, starts to work the patrolman (konsteblja) or goes in the presence of necessity for the corresponding personnel on additional training or acquisition of applied higher education. It would be desirable to pay attention that the training termination on the first step grants the work right only on a post patrol (konsteblej or other younger police posts includes various educational modules. Further). The first step of vocational training prepares police cadets whom in a condition on knowledge and skills to carry out various problems on law and order protection, to work as in

Police, and boundary patrols. During training under the uniform program all basic spheres of work of Department of police and boundary protection are studied and bases of uniform organizational culture are formed.

The second step - applied higher education which lasts also two years and is the precondition for employment of a post of the policeman or supervising post in a criminal police.

The third step - a magistracy which is required for employment of a post of the higher administrative board.

At creation of new curriculums both professional, and higher steps of training, the former system of training and the account of labour experience [145] is taken into consideration.

The Estonian police cadets study such subjects as the legislation of Estonia and the European Union, office activity, bases of maintenance of the law and order in public places and interactions with the population, the general police skills, bases of boundary protection. More than half of school hours cadets should spend in practice where them will better learn to solve arising проблемы2.

Training main objective in police educational institutions - maintenance of base preparation and basic practical skills which can be demanded by the future policeman at performance of their work.

The educational period is divided into four quarters. In each quarter half of school hours passes in Police school, and other half - in a working environment at police prefecture on a residence. As a result the policeman in two years has a possibility to work in the same police prefecture and with the same colleagues with whom it closely co-operated during educational practice. Having received wide professional skills, the policeman can continue training in Academy of internal protection of Estonia, being trained already on the expert of narrower profile.

From the above-stated it is visible, that the management of the Estonian Ministry of Internal Affairs and police gives great value of a role of practical work in the course of police training which occupies about half of all educational period.

According to positions of the Concept of public police [146] preparation of police shots is guided by formation of the experts aimed at performance of problems, actual for all social classes. To reach it it is possible only in that case when not only educational institutions are firmly assured that they correctly prepare policemen, but also policemen are convinced that they are correctly trained and

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In appropriate way operate. The concept of public police is completely supported by a management of the Ministry of Internal Affairs of Estonia. As is known, the Estonian police is the organisation, first of all, rendering to citizens of service. The specified concept is based on the major principle - the work which is not approved by the population, has no admissible

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The bases for performance.

As to the system of preparation of police shots mentioned above integration into universal system in the given direction in Estonia, unlike our country, sharply it is not necessary a question on necessity of creation of the new international centres of police formation and a direction of heads of educational institutions in various foreign

Educational institutions, etc. [147] In the given area the Estonian police completely is integrated into the all-European system of police formation. The Estonian police closely co-operates with police educational institutions of the Scandinavian countries. Together with other participants of the European Union she participates in the European Police network of colleges also named CEPOL, and is actively involved in working out and using of the all-European programs of training.

The police college at Academy of internal protection of Estonia is presented in various working groups and seminars. Training programs in it are developed by Police academy (NBPA) which specialises on working out of courses for the Baltic states within the Skandinavsko-Baltic structure which is incorporated Scandinavian formation for the Baltic countries.

Despite the fact that what Estonia in respect of the all-European police cooperation are easier for establishing such relations (because of its membership in EU), Russia in turn more and more closely approaches to cooperation with Europe within the limits of the all-European space. Constant dialogue of our country from EU creates favorable conditions for mutually advantageous economic relations and expansion of scientific, humanitarian and other exchanges. Joint realisation of the concept of the general spaces by us is the important element of all all-European развития2. As is known, cooperation between EU and Russia in the field of justice, freedom and safety is characterised by presence of some common interests. Our country also leads work on increase of professional level of employees of law enforcement bodies. In particular those categories of employees which can be directly involved in the decision of questions of the international character. Both Russia, and EU consider these directions as приоритетные1. However in our country there is a number of legislative blanks in regulation of such relations (integration into the all-European system of preparation of police shots, etc.). The international cooperation as a whole is regulated at us more than 800 contracts and agreements.

In the basic police law of Estonia whole section [148 [149] [150] is devoted the given kind of cooperation (integration). So, in 2012 the basic police law of Estonia has been added by section 41 «the Rights of the international personnel agencies and other international organisations» to Chapter 5 «Police service». The given section according to the name regulates fundamental laws of personnel agencies of the international organisations co-operating with the Estonian police. In section to be legislatively fixed possibility of the employee of the Estonian police to translated (from its consent) for work or on training in the international organisations (further - the accepting organisations) within the limits of the international cooperation provided by the international agreement (contract). Norms of the specified section of chapter 5 of the basic police law of Estonia provide attraction of employees of the Estonian police to participation in the international civil missions which demand police qualification. In that case the employee of police is considered temporarily serving in the accepting organisation, term of its service in the accepting organisation - no more than three years and no more than two terms successively. At such moving on service for the employee of police its former duty station remains. Payment

Wages to the employees directed on service in accepting organisation, enters into duties of the accepting organisation (except for training). Also the specified section fixes a number of the rights to the foreign employees of police serving (or attached) in competent establishment in Estonia, etc. 1

As the author believes, fastening of fundamental laws of the international organisations in relation to employees of the Estonian police, and also definition of their competence, first, allows to avoid of some the difficulties connected with use of numerous international agreements about police cooperation, including in sphere of preparation of police shots; secondly, underlines priorities of the Estonian police management and their readiness as more as possible closely to co-operate in the area of integration of a professional training of law-enforcement bodies into world system of police formation and as a whole in the area of the international police cooperation.

Besides vocational training of police shots in Estonia to the candidate on service in police as well as in any other country, a number of requirements is shown. Requirements to candidates on service in police, including restrictions on reception on service, are fixed in the Law of the Estonian Republic from May, 6th, 2009 «About police and boundary protection» in Chapter 5 section 2.

The candidate should be the citizen of Estonia, 19 years, served in army (for men), earlier not involved in the criminal liability, possessing formation not below an average and being in the good physical form are not younger. Certainly, it or it should own a state language - Estonian on which speak in all state structures (including and in police) on which are published all

Laws, orders and instructions. Besides, from candidates good enough knowledge of Russian necessary for dialogue with Russian-speaking inhabitants of Estonia, and also English language - EU official language is required also. The candidate on service in police should pass a medical board, psychological testing and testing for professional suitability. The general educational level and intelligence, presence of such qualities as skill to communicate, an analytical warehouse of thinking, ability correctly to react to a situation is thus estimated. Appearance of the candidate and presence of recommendations is besides, considered.

On service in police following persons cannot be accepted: earlier sudimye for deliberate crimes irrespective of, the previous conviction is extinguished or not;

Condemned for criminal offences and serving time in the form of imprisonment, irrespective of previous conviction removal;

Suspected or convicted of fulfilment of a deliberate crime;

Dismissed from public service for minor offences; receiving pension, a wages or other constant payments from the states which are not member state of the European economic area or the Schengen zone, or not belonging to the North Atlantic Treaty Organization;

Having a previous conviction for crimes of a corruption orientation, irrespective of cancellation of conviction;

Incapacitated which state of health mismatches shown requirements;

Presented the false information on.

The basis of police of Estonia is constituted by the employees recited the oath to serve of policemen and serving on police posts. As we marked, policemen since 2009 now are and

Employees of the former Department of the boundary protection, passed to service in new police department. Besides policemen (pravoohranitelej and frontier guards) in police of Estonia also there are also the civilian workers who do not have special ranks, not taking the oath, but working in police on the same legal grounds, as other civil servants. Unlike policemen the problem of direct opposition is not assigned to civil employees of the Estonian police to offenders, their work is not connected with risk for a life and health.

At receipt on police service employees of police should accept the following police oath: «Arriving on police service, I (the name and a surname), swear to be true to a constitutional order of Estonia, firmly to follow the law to store the state and office secrets, to use the power given to me, fairly and impartially, and to fulfil the duties fairly and honesty» 1.

According to level of base formation and a number of other requirements shown to appointment to this or that police post, employees of police in Estonia share on some basic categories: the higher police employees, the senior police employees, younger police employees.

The higher police employees concern: the General director of police and boundary protection and the Director of the Security police, assistants to the General director of police of boundary protection and the director of a security police, politsmejstery and prefects of police, assistants politsmejsterov and prefects of police, police advisers (chancellors), the main superquartermasters, superquartermasters.

The leading inspectors of police leading konstebli, chief inspectors of police and seniors concern the senior police employees konstebli, inspectors of police and konstebli.

Younger inspectors of police concern younger police employees and younger konstebli.

Police service, according to the Law «About police and boundary protection», the service on the certified posts in all divisions of Department of police and boundary protection (including Department), and also service in the Security police and service on a police post in educational institutions of system of the Ministry of Internal Affairs of Estonia is.

One of the main questions of personnel selection of the Estonian police, besides the vocational training focused on the all-European preparation, direct passage of police service is. Timely and fair promotion in the presence of corresponding moral and professional qualities and passage of courses of improvement of qualification is considered as the indispensable condition providing working capacity of staff. So, one more achievement of the Estonian police legislation as the author considers, is it orientirovannost on bar of claim by lapse of time (minimisation) of cases of abusing (corruption) official position. Directly in the basic police law of Estonia there is no separate part devoted to counteraction of corruption, as in the Russian legislation (chapter 10 of the Federal act from November, 30th, 2011 № 342-FZ «About service in law-enforcement bodies of the Russian Federation and modification of separate acts of the Russian Federation» (further - the law on service) - «Settlement of the conflict of interests and the permission of office disputes in law-enforcement bodies»). Under the text of all basic police law of Estonia careful study of its norms about restriction of possibilities for policemen is traced to operate on «the discretion», in particular in the questions connected with service.

Chapter 5 analysis «Police service» of the Estonian police law has shown, that the appointment procedure on a post of employees of police of Estonia has no basic differences from similar procedure in law enforcement bodies Russian Федерации1. As to service conditions the Estonian norms have a number of differences which, according to the author, have direct influence on creation of favorable conditions of service and decrease in level of its corruption vulnerability.

One of such distinctions is contracting on passage of police service for uncertain term. Terms are provided only for posts of the higher commanding structure. The general director of police and boundary protection, its assistants and chiefs of police prefectures (territorial bodies of police) are appointed to the post for no more than 5 years and cannot occupy it more than two terms successively [151 [152].

The given norm is directed on achievement of two primary goals which purpose is creation of conditions for effective police service.

First, it protects the employee of police from possible acceptance concerning its unfair (subjective) personnel decision (dismissal «upon termination of the term provided by the contract»). Thus, the employee of the Estonian police under condition of replacement of a vacant post by it and appropriate execution of the official duties by it cannot be dismissed from police service except as at own will, to achievement of age limit of stay by it on service, a period of service of the service life granting the right to pension, to organizational-regular actions and illness.

Secondly, the given norm conditions for the necessary

Updatings of personnel structure of supervising posts.

The general requirements shown to the contract on service in law-enforcement bodies of the Russian Federation, contracting for uncertain term is not.

In our opinion, it gives a field for "subjectivity". The analysis of articles 21, 22, 23 Laws on service shows, that the contract on service with the citizens appointed to posts of an average, senior and the higher

Commanding structure, consists as for certain term (the urgent contract), and for uncertain term (the termless contract). For example, with the citizen for the first time arriving on service, the contract consists for a period of 4 years. Thereupon the employee of police has the additional factor of stress connected with fear possible neprodlenija by it of the contract under "discretion" of a management and, as consequence, of the termination of service on lawful basises according to point "g" of article 82 «upon termination of the service life provided by the contract».

Regarding 5 articles 22 the list of cases at which the urgent contract which in turn does not contain any restrictions on service life for posts of the higher commanding structure consists is resulted. Thus, updating and constant inflow of new heads from among perspective officers of the Ministry of Internal Affairs of Russia - a problem which has been designated as one of paramount problems of reform, in our opinion, is realised not to the full.

Feature of the Estonian police law is that in it time frameworks of service on a certain post are established, obligatory for appointment to a higher post.

So, the Estonian policemen can be appointed to the post employees of police of the higher rank if they have worked as the employee of police which corresponds to the third or fourth official rank of employees of police (average commanding structure) within not less than two years. Policemen who have worked on a post of the employee of police of the second rank (younger commanding structure) not less than one year, can be appointed to the post the employee of police of the third or fourth rank and other 1

Thus, in the Estonian police additionals for replacement of police posts by skilled experts are created. This measure is directed on prevention of so-called "patronage" and acceptance of fair administrative decisions at appointment to higher (supervising) police posts.

Now concrete requirements (qualifying requirements) to posts in law-enforcement bodies of the Russian Federation, provided by article 9 of the Law about service regarding requirements to the service experience in OVD or to the experience (experience) of work on a speciality, are not provided. The given positions are regulated at level of subordinate legislation standard legal acts.

Qualifying requirements to the service experience in law-enforcement bodies of the Russian Federation or to the experience (experience) of work on a speciality, a professional knowledge and skills of the employee of law-enforcement bodies of the Russian Federation, approved by the decree of the President of the Russian Federation from 22.10.2012 № 1575, provide for posts of the higher commanding structure in the Ministry of Internal Affairs Russian presence of the experience of service in law-enforcement bodies of the Russian Federation not less than six years or the experience (experience) of work on a speciality not less than seven years.

For other posts qualifying requirements to the service experience in law-enforcement bodies of the Russian Federation or to the experience (experience) of work on a speciality are established by the order of the Ministry of Internal Affairs of the Russian Federation from 18.05.2012 № 521 «About qualifying requirements to posts of ordinary, younger, average and senior commanding structure of law-enforcement bodies of the Russian Federation». For example, for the senior commanding structure presence of the experience of service in law-enforcement bodies not less than 3 years or the experience (experience) of work on a speciality not less than 4 years is provided.

In our opinion, requirements existing now to the service experience in OVD to the Russian Federation or an operational experience on a speciality for replacement of police posts, do not promote realisation of such principle of formation of personnel structure as appointment to the post taking into account their merits in professional office activity and business qualities [153].

So, practically each graduate of HIGH SCHOOL of system of the Ministry of Internal Affairs of Russia, not having actual merits in office activity (except possible merits in educational process) and real experience of practical work, has the service experience - 5 years and, hence, can apply for a supervising post.

It is necessary to notice opinion of the Russian scientists-politseistov that bases of a policy concerning police shots are uniform for the majority of the European states that is caused by the general for them legislatively fixed approach which is based on traditional democratic views. In questions of service and advancement on a career ladder in police bodies of the European countries it is considered necessary to achieve an exception of the subjective approach at an estimation of the employee (it

Educational level, abilities, the experience of work, its productivity and other factors) 1.

Implementatsija in the legislation of the Russian Federation of the above-stated positions of the legislation of the Estonian Republic, concerning services in police, in our opinion, will promote substantial increase of quality of personnel structure of police and realisation of positions of new police ideology.

Not less the management of police of Estonia gives great value to material equipment of divisions of police and policemen. High level of technical maintenance and increase of financial security of employees became possible thanks to reforming of police system. During mentioned above reforms divisions which had duplicating functions and by which problems of direct crime control were not put have been abolished or as much as possible reduced and reorganised. During reforming of branch divisions of police, in particular associations of inspectors and operative workers under a uniform management in divisions, have been essentially reduced operativnosledstvennyj the device. Since 2004 the program «E-police» - equipment of police by a complex of the means which have allowed considerably to raise an overall performance of police bodies started. For example, system "E-police" workstations are established in each patrol car and provide with the policeman operative access to all information necessary for them. If earlier on negotiations on a portable radio set left for 15-20 minutes now all demanded data can be received within few seconds. Thus in police headquarters in a mode of real time watch movings and a site of all patrols. On a police site citizens have possibility to do

Official inquiries to watch trial administrative or criminal case to pay duties and other. The program allows employees of police, being on workplaces, whether it be the office office or an official car, by means of the computer connected to system to receive data on crimes and offences, to carry on negotiations on working questions in a mode it-lajn, to do inquiries and to receive the necessary information from corresponding databases of police, and also to update and make changes to the specified bases. So, in view of use of more perfect information systems information divisions have been considerably reduced.

(At the rate on one policeman) the management of Estonia annually spends 77414 US dollars (for comparison - Russia spends 23875 US dollars) for police equipment. For example, for working out of the police form the special working group consisting of representatives of police divisions which constantly is engaged in its improvement according to offers of direct users and changing requirements has been created. On the police form leaves in a year on the average 14 million Estonian crones (nearby 1, 2 million US dollars). With the purpose the police form did not lie too long in warehouses and has not become unfit for use in connection with periodic modifications and improvements, the uniform warehouse account is used, allowing to order its quantity depending on predicted requirements of staff.

Owing to the aforesaid the Estonian policemen value service in polices, and cases of abusing the official position, infringements of office discipline and furthermore corruption, here are literally individual [154]. In system of the Ministry of Internal Affairs of Estonia there is no management or a department - analogue the Russian service of own safety. The facts of corruption and presence of unearned incomes reveal departments of internal audit (control) which are available both in the Ministry, and in the departments subordinated by the Ministry of Internal Affairs, including in police, and also citizens of Estonia are obliged to inform on the corruption facts (including in police). The official position, presence of communications with the organised crime or disclosure state and the official secret employees of police the Security police is engaged in the facts of abusing.

In 2007 in all divisions of the Estonian police seminars on police ethics have been organised. On them theses which, at a sight of policemen, would be better, in particular, were discussed described modern Estonian police. Such text has been as a result accepted: « Professionalism - comprehension of a role of police in a society, dedication of to service to citizens which is carried out competently and qualitatively with use of necessary skills, knowledge and their constant perfection. Honesty - the exemplary person and good behaviour, conformity between thoughts, words and acts in collective; following to the police oath and the basic values; justice and reliability, interaction, care about each other and readiness to come to the aid; comprehension of that work is carried out for the sake of the uniform purpose; partnership, communications and consultation, command work, support, work with communities and other organisations for maintenance of a constitutional order and the resolution of problems, influencing the public safety »[155].

Having analysed a condition personnel and financial security of activity of police of Estonia, we can come to following conclusions.

1. The management of police of Estonia considers acquisition of staff of police by one of priority directions of activity.

Owing to the spent reforms in the country the prestige of police service, and now personnel divisions of police has considerably grown have possibility not to type, and to select candidates. To arriving on service in police a number of requirements on vocational training, an educational level, physical and to mental condition, possession of foreign languages which are established by the Republic Government is shown.

2. The system of preparation of police shots as well as in the European Union as a whole is directed to Estonia on giving to the future employees of police real practical skills of their forthcoming work in this connection half of school hours passes on practical service in police divisions.

3. The main achievement of the Estonian police legislation regulating questions of service in police, is it orientirovannost on bar of claim by lapse of time (minimisation) of cases of abusing (corruption) official position. The basic measures on bar of claim by lapse of time of cases of abusing concern:

Contracting on passage of police service for uncertain term. Terms are provided only for posts of the higher commanding structure. It allows to protect the employee of police from possible acceptance in its relation of the unfair (subjective) personnel decision (dismissal «upon termination of the term provided by the contract») and to create conditions for necessary updating of personnel structure of supervising posts;

Establishment of time frameworks of service on a certain post, obligatory for appointment to a higher post. It creates guarantees of replacement of police posts really skilled experts.

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A source: Mashugina Evgenie Viktorovna. Legal and organizational bases of activity of police of the Estonian Republic and its role in public safety maintenance. The DISSERTATION On competition of a scientific degree of the master of laws. Moscow - 2015. 2015

More on topic § 2. Principles of acquisition of shots and service In police of the Estonian Republic:

  1. § 1. System of the organisation and management of activity of police of the Estonian Republic
  2. § 2. Genesis of legal and organizational bases of formation of modern police of the Estonian Republic
  3. § 3. Bases of legal regulation of activity of police The Estonian Republic
  4. § 3. Legal and organizational questions of the international cooperation of police of the Estonian Republic
  5. the Chapter II BASES OF THE ORGANIZATION AND MANAGEMENT OF ACTIVITY OF POLICE OF THE ESTONIAN REPUBLIC
  6. § 1.3. Change of an order of acquisition by police shots in second half XVTTT century - first half XIX century
  7. Mashugina Evgenie Viktorovna. Legal and organizational bases of activity of police of the Estonian Republic and its role in public safety maintenance. The DISSERTATION On competition of a scientific degree of the master of laws. Moscow - 2015, 2015
  8. § 2.2. Vocational training and educational work With police shots
  9. § 2.1. Police reforms in second half XIX century and their influence on development of work with shots
  10. § 1.1. Theoretical bases of istoriko-legal research of system of work with shots of police of Russian empire