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§ 2. Perfection of upravlenchesko-preventive activity of the head of territorial law-enforcement body on maintenance of the law and order among staff

The discipline constitutes a basis of a moral condition of office collective, and at the same time represents a key to professionalism of employees of law-enforcement bodies. The discipline condition in collective can be both positive, and negative.

The positive condition of discipline is characterised by such parametres, as professionalism of members of collective, prospects of office growth of everyone, uniform social and legal security, ability to work without direct and constant supervising intervention. Such collective correctly perceives instructions, orders and other instructions of a management. Concerning members of such collective the softest measures of disciplinary influence, though and depending on weight of offence which act in film, as a rule, are applied at the first possibility.

Under a negative condition of discipline such behaviour of subordinates in collective when with a view of a management and the control over them it is necessary the chief daily (sometimes is supposed and twice a day) to spend briefings, regularly to apply punitive measures and other negative sanctions to achievement of positive results. In this case the discipline in collective is under construction on such principles when everyone aspires to avoid punishment and their consequences and tries to please only to the chief, that in turn can negatively affect working capacity of collective as a whole.

In case of a negative condition of discipline in collectives OVD the behaviour of employees is characterised by following signs:

- Negligent attitude to the official duties which generates infringement of orders, instructions, management orders, inexact and not in time performance of tasks;

- Noncritical sight at the relation to carried out work which leads to frequent delay, to aspiration to find justificatory motives for progulov, to a frequent finding on the sick-list;

- Display of apathy both to the activity, and to tasks on which the collective works, evasion from participation in a public life of collective, indifference to the colleagues, their sights and interests.

On the basis of the above-stated, we believe, that it is necessary for heads of territorial bodies of the Ministry of Internal Affairs of Republic Tajikistan for the organisation of management of staff and the control to take below-mentioned measures on law and order maintenance in office activity of staff:

1. To develop objective functional duties for all employees, to inform of everyone their maintenance and system of measures on maintenance of office discipline and encouragements for successes in professional work.

2. To create in collective benevolent working atmosphere without nachalstvennogo a hail, unreasonable summary punishments and excessive administration.

3. To put real clear problems, involving if it is possible, to their working out of subordinates.

4. To listen to offers and complaints.

5. Periodically to spend official and informal checks of employees, their office places, equipments, the weapon, office documents.

6. To set a good example of performance of the duties and discipline observance not in words, and in practice as actions of the chief mean more than words.

7. At punishment imposing to operate resolutely, but it is fair, to define the punitive measure depending on perfect offence, instead of from the person of the employee.

8. To avoid protectionism for itself and subordinates (the chief should protect subordinates from unfair attacks but not cover its offences).

9. Not to stint a praise, but not to encourage nezasluzhenno.

Before decision-making on punishment of the subordinate the head, as a rule, should answer questions without which knowledge hardly it is possible to be charged for objectivity of the made decision, in particular:

- Whether he knows all circumstances of incident;

- That he knows about the employee or a situation which has led the subordinate to acceptance of the wrong decision, to infringement;

- Offence and its public importance is how much serious;

- Whether takes a place accident or deliberate, criminal behaviour is possible;

- What degree of a real damage for service;

- What role the selected punitive measure will play;

- As the management earlier in similar cases (identical offences should be punished by identical corrective measures) arrived;

- Whether the subordinate made minor offences in the past;

- That was the original reason of offence (punishment for made offence because of obstinacy should be more strict, than for made under the influence of objective circumstances);

- What action of the chief can warn relapse;

- What will be reaction of the subordinate to punishment (is surprised, angered, upset);

- Prospective reaction should not influence the decision in a question of a choice of punishment, but it should be considered at collecting imposing;

- What influence will have punishment on other employees (whether they will approve the given decision, or after collecting imposing the punished employee «will be erected to a pedestal of the martyr»);

- The punitive measure urged to learn, instead of to create new barriers between the chief and subordinates.

Punishment in any form, in the majority, promotes correction of the subordinate, but can sometimes have undesirable consequences:

- The subordinate can have animosities in reply to punishment, especially if he feels oppressed, unfairly punished;

- The subordinate can feel disappointment in service and start to fulfil duties "carelessly", considering, that with it have managed unfairly; such employee will be difficult for overpersuading in something while it is in decadent mood;

- The subordinate can swear itself «to win system», having changed the behaviour in such a manner that it will be difficult for catching next time; such people often follow the road malfeasance, treachery of interests of service;

- The punished employee ceases to feel a member of collective and can dare at that in any situation to complicate and sabotage division work.

The immediate superior should know about subordinates more than someone another in division. It grants to it the right personally to make of the decision concerning discipline and to define measures on its strengthening.

Being closely connected with process of strengthening of office discipline, the chief can and is obliged to individualise punitive measures for each employee. He should guarantee, that disciplinary actions will be quickly accepted and will precisely correspond to offence - there should be no overdue or unexpected decisions.

Participating in decision-making concerning discipline and realisation of punishments, the immediate superior hardens the power. Subordinates see in it the person, capable to affect their destiny in division. The readiness to participate in the decision of delicate personnel questions it also hardens the authority in the opinion of the subordinated and higher chiefs. All is together taken grants to it the right to consider the competent, reliable head, capable to make solving impact on management of division.

The competent chief avoids excessive administration. It should resist to temptation to surround subordinated by steadfast attention, trying to anticipate their error and offences to watch closely occurrences in collective of disciplinary problems and in due time to solve them, really estimating a situation.

However subordinates should not have an impression, that the chief "waits", when they will be tightened, and that it is ready to punish them as soon as possible.

During research it was offered to heads of territorial law-enforcement bodies, services and divisions and their assistants to specify a major factor which negatively influences mutual relations between them and their subordinates. The majority interrogated (69 %) have answered, that much depends on subordinates who the behaviour and results of office activity cause the corresponding (deserved) relation of a management. We believe, that to the head before to demand from staff of respect for, absolute and diligent performance of its requirements and instructions, it is necessary to be sensitive to subordinates and in bolshej degrees to pay attention to individually-educational work, rather to show severity and to be humane concerning the employees.

Besides, the head should carry out skilfully balanced to the policy in discipline questions, not to run into a role of "the guy», refusing to punish the subordinates who have broken norms of behaviour. In cases of application of collecting each collecting engaged on the employee is necessary to recognise that should be timely, fair and instructive.

Studying of materials of office checks on the facts of infringement of legality, the law and order and office discipline in Republic Tajikistan law-enforcement bodies, has shown, that in disciplinary practice objective imputation of fault dominates. It also proves to be true results of the interrogation spent by us. So, on a question: «In disciplinary practice objective either subjective imputation of fault or both parties prevails are equally considered by the head and the officials making office check?» Opinions of respondents from among the administrative board were divided as follows: subjective imputation - 28 % prevails, objective imputation - 19 % dominates, objective and subjective imputation is applied equally - 53 %. It is necessary to notice, that ignoring of the subjective party of an offence, and it is equal prioritetnost the objective party of act in appointment of a kind and the size of punishment, in our opinion, are unfair methods of disciplinary influence and do not promote an all-round, objective and full establishment of the objective and subjective party of offences.

As a result of studying of materials of office checks of the Ministry of Internal Affairs of Republic Tajikistan us it has been established, that in disciplinary practice of law-enforcement bodies collective impeachment is frequently applied. In the given occasion the administrative board of territorial law-enforcement bodies has been interrogated. On a question: «What do you think of collective responsibility practice, that is impeachment not only the persons directly guilty of fulfilment of a minor offence and other offence, but also their heads and responsible officials, curators?» The majority (87 %) heads have agreed in opinion, that the given practice exists, and it is unacceptable as washes away sides of personification of responsibility. Thus, we believe, that it is necessary to review personnel selection regarding application of measures of disciplinary influence to the employees who have admitted infringement of legality, the law and order and office discipline. It is necessary to personalise responsibility, and at the same time to involve heads and responsible officials for acts of the subordinated and "under control" employees only in case of revealing of their direct partnership in sodejannom, instead of being based on indirect arguments.

The head should take into consideration following elements of discipline:

- Before decision-making it is necessary to listen to explanations of the subordinate: probably, at it was valid (in its opinion) the reason to arrive so, instead of differently;

- It is necessary to secure with "official support» actions at the higher chief. Such support is required, if the punished employee appeals against actions of the head up to court. The position of the head will be undermined, if it is forced to change or even to cancel punishment;

- The head should know the subordinates. It also is necessary for fixing a sentence which is capable to cause desirable changes and to draw attention of others. The knowledge of subordinates and motives of their acts will help the head to take adequate and fair measures of disciplinary influence concerning the guilty subordinate. Thus it is necessary to consider, that too severe or too small punishment will help nobody. The punitive measure should correspond to a situation and the individual to whom it is applied;

- The head should not do remarks to the subordinate if it is in a nervous tension as the statements made in an impulse of anger, can be turned later against the head. As a rule, the quick-tempered and initiated people usually speak not that suspect the business;

- The head should pay attention to positive sides of subordinates. Do not forget them when you punish the employee. Flattery and eulogy are inappropriate, but a difficult minute it is necessary to remember good acts of the subordinate;

- The head also should not abuse authority, defending the point of view. Therefore statements like: «because I so have told!», «I the chief!», questions of discipline or others are inappropriate as the answer to a question of the subordinate concerning actions, instructions of the head, whether it be;

- Not ethically to shift responsibility for disciplinary actions on others. One of problems of the head - to bear responsibility for the actions, including for the disciplinary sanctions which are carried out in interests of business;

- The excessive tightening of imposing of collectings is inadmissible. Punishment is effective, if it is closely co-ordinated on time to offence;

- The head needs to be careful of own prejudices and predilections. In collective it is important to support principles of equality and justice. Therefore in case of a minor offence and other offence made by the employee which is held in respect of the head, it is necessary to be objective to it and to get used it to responsibility equally with other employees. Thus it is necessary to adhere to a position, that if any offence of the subordinate more all is not pleasant to the head, the head should be especially objective at awarding judgement about punishment;

- The head should watch a course of corrective process. To track, whether there was an expected positive change in behaviour of the employee. If there are no changes it is necessary to take additional educational measures. Education unlike punishment - process continuous.

Besides it, to the head of territorial law-enforcement body the special attention is necessary for turning on kontrolno-supervising activity which should include:

1. Standard bases of intraorganizational activity of devices

THE MINISTRY OF INTERNAL AFFAIRS.

2. An order of gathering of passage and the analysis of the information on a condition of served sphere and results of activity of the subordinated bodies and divisions.

3. An order of preparation and information granting in the supervising bodies, interested departments and public organisations.

4. An order of preparation and information granting in higher bodies of internal affairs.

5. The planning organisation in the device in law-enforcement bodies.

6. An order of preparation and acceptance of other administrative decisions.

7. The organisation of work of board and operative meeting at the head (the chief of the Department of Internal Affairs).

8. The organisation of operative (selector) meetings.

9. The organisation of work of standing committees of the Ministry of Internal Affairs.

10. The organisation of republican (regional) meetings, nauchnoprakticheskih conferences and seminars.

11. The organisation of departures of employees of law-enforcement bodies in official journeys.

12. An order of calls of employees of peripheral bodies in devices of the Ministry of Internal Affairs.

13. The organisation of the intersystem control in the Ministry of Internal Affairs, the Department of Internal Affairs.

14. The control organisation in devices of the Ministry of Internal Affairs.

15. Office-work.

Ways of elimination of blanks of legal regulation of intersystem management to law-enforcement bodies are that in general possible, in our opinion.

If the legal basis of activity of bodies on realisation of the basic functions as a whole is defined, their intraorganizational activity is the least settled by rules of law. It is represented, that fuller legal regulation of this direction of their work will promote not only to successful realisation of providing and staff functions, but also efficiency of activity of bodies as a whole.

The Republic Tajikistan Ministry of Internal Affairs spends active work on perfection of is standard-legal base of administrative activity of heads of territorial law-enforcement bodies. In particular, the standard legal acts regulating activity of law-enforcement bodies are developed.

To number of questions of administrative activity of the territorial law-enforcement bodies demanding the further legal regulation, concern:

- Optimisation of functional duties of employees, and first of all a key element of law-enforcement bodies (chiefs, their assistants, heads of services and divisions);

- Rationalisation of a supply with information of structural divisions and employees;

- Decision-making and the organisation of their execution;

- Maintenance of a rational alignment of forces and means;

- Rationalisation of the organisation of the working day in body;

- The organisation of work of heads;

- Definition of parametres of the control and activity estimation.

Not considering in details each of the named aspects of legal regulation of administrative activity of territorial law-enforcement bodies, we will stop only on a legal regulation question organizatsionnoupravlencheskoj activity of the head of the given bodies on maintenance of legality, the law and order and office discipline among staff.

This problem is one of the most actual and insufficiently developed. It is obvious, that the establishment of objective criteria of an estimation of activity of territorial law-enforcement bodies not only promotes the further perfection of their work, but also gives possibility to reveal initiative talented heads, to raise shots, to protect management personnel from the persons, stirring to effective work. The correct estimation promotes improvement of activity of staff, development of the initiative of employees, causes in them feeling of satisfaction and pride of the work. And the wrong estimation can result staff in a dissatisfaction condition, cause in it feeling of bitterness and disappointment and finally - desire to leave work, that is a signal of unsatisfactory organizational-administrative activity of the head.

The Ministry of Internal Affairs of Republic Tajikistan makes active measures for the decision of this problem. It is necessary to carry conducting to number of such measures in action of new forms of the statistical reporting about a condition of criminality and results of struggle against it, containing essentially new indicators of an estimation of activity of law-enforcement bodies. Their work began to be estimated not on «the general shaft» raskryvaemosti, and on the rest of undetected crimes, crimes are differentiated on the basis of evidence at the moment of detection, is considered raskryvaemost crimes on "hot" traces, the indicator of participation of forces and means in crime control is established, the indicators characterising a condition of preventive work are considerably changed.

It is represented, that concrete affairs of the head (kinds of its works) should be estimated proceeding and from its functional duties. The estimation of activity of the head by results of performance of functional duties gives the chance to define its direct contribution to the general results of work of division headed by it. At an estimation of its organising role it should be considered:

I. Distribution of functional duties, their completeness their actual performance by employees.

II. Modern and full gathering, accumulation and the analysis of the information necessary for acceptance of administrative decisions:

Realisation of the current analysis of operative conditions on the basis of studying and an estimation of the daily, decade and monthly information;

The complex analysis of operative conditions for a quarter, the half-year, nine months and year;

Entering into activity of a department of changes on the basis of the current and complex analysis of operative conditions;

The organisation of work of constantly operating operative meeting at the chief of territorial law-enforcement bodies;

Drawing up of a circle of the questions considered at operative meeting;

Scheduling of operative meeting.

III. Arrangement and complex use of forces and means, maneuvering by them taking into account developing operative conditions:

1) realisation of decisions on an alignment of forces and means (in orders, instructions and

Etc.);

2) finishing to data of staff of decisions on an alignment of forces and means;

3) the work organisation on selection, arrangement and education of shots;

4) the organisation of use and the maintenance of operative and criminalistic technics.

IV. The Organization of planning of activity of a department in whole and all divisions entering into it:

Drawing up annual (quarter or semi-annual) the plan of work of a department;

The control of personal (individual) planning of each employee of a department;

Scheduling on disclosing of concrete crimes;

Scheduling on affairs operatively-razysknyh and preventive accounts;

Reflexion in plans of work of protection services of a public order, the State traffic inspectorate, militian sobering-up stations of questions on active participation in crime control of minors.

V. Strengthening of discipline and organisation of staff, increase of its professional skill:

1) the edition of orders and instructions and their finishing to staff data;

2) the organisation of execution of decisions (definition of executors, a formulation it of tasks and an establishment of times of performance);

3) finishing to data of staff of orders, instructions and other normative acts of higher bodies of internal affairs;

4) the organisation of interaction of structural divisions of a department;

5) the organisation of interaction with other divisions of law-enforcement bodies, and also with state and public organisations.

VI. Introduction in practice of the advanced forms and methods of work, scientific recommendations, the newest means:

The organisation of introduction of the best practices;

6) summarising and an assessment of works of a department and its divisions on best practices introduction.

VII. The Account and an estimation of activity of each worker of division as a whole, the organisation and the control:

Monitoring system streamlining;

The analysis of a condition of performing discipline and realisation of actions for its strengthening;

Distribution of duties between assistants and heads of divisions on realisation of control functions;

The organisation of work of constantly operating commission on the control over consideration and the permission of statements and complaints of citizens;

The analysis of results of control activity and measure on its perfection;

Summarising of performance of administrative decisions and estimation of results.

As other criteria of an estimation of activity of the head of territorial law-enforcement bodies and their assistants it is necessary to name the account of social, cultural, is social-psychological factors of their supervising activity, presence of the works directed on prospect of development of these bodies, the further perfection of its activity.

Also we recommend to heads of territorial bodies of the Ministry of Internal Affairs of Republic Tajikistan to use memory materials for the analysis of discipline and legality observance in the subordinate it law-enforcement body:

1. A log-book of infringements of legality and discipline.

2. Control business on the disciplinary practice, including:

- The arrived orders, instructions, recommendations concerning discipline;

- Materials of office checks on the facts of infringements of legality and discipline;

- Representations of Office of Public Prosecutor, intermediate orders of vessels, copies of answers on them about the accepted measures;

- Reports of decisions of courts of honour on the facts of infringement of office discipline;

- Extracts from reports of office, operative meetings at chief OVD on which discipline questions were considered, with materials of preliminary checks, certifying commission sessions on infringers of discipline and legality;

- Materials of office checks under complaints and statements of citizens to wrongful acts of employees of law-enforcement bodies.

According to A.Fajol, the head, the manager is the trade demanding special preparation [137].

As marks V.G.Afanasev, «threefold preparation - special is necessary to the head..., administrative... And sociopolitical, ideological...» [138].

Nowadays existing monetary contentment of employees of law-enforcement bodies of Republic Tajikistan mismatches a living wage and is insufficient for maintenance of their needs. The given factor as early it has been noted, is one of the basic motives of the profit-motivated crimes made by them. During the spent analysis it has been revealed, that from among the law-enforcement bodies of crimes of 82 % of illegal acts made by employees concern profit-motivated crimes. Studying of the criminal cases initiated in the relation of employees of law-enforcement bodies, has shown, that the basic motive of fulfilment of the given crimes was self-interest. At the same time we have studied the person of each employee involved in the criminal liability, and their indications given during preliminary and judical inquiry. 95 % of convicted (defendants) have shown, that the reason which has forced them to commit a crime, shortage of money resources for the maintenance of a family and maintenance of operatively-office activity was. Discrepancy of cash security of law-enforcement bodies and a state security as the last receive the monetary contentment considerably exceeding the salary of the employee of law-enforcement bodies is besides, revealed. It have mentioned 67 % of the employees of law-enforcement bodies interrogated by us which have shown discontent and have underlined injustice of economic policy of the state. Considering psychology of employees of the law-enforcement bodies which are on posts which for the known reasons cannot be frank, during the present research we had been interrogated the veterans of law-enforcement bodies serving till 2013 who being independent, in our opinion, are more frank. The given category possesses rich practical experience and independence of a management for this reason the opinion of veterans, in our opinion, is objective and valuable to the present research. 93 % of the interrogated respondents of the given category have confirmed, that mercenary malfeasances are provoked by insufficiency finansovoekonomicheskogo maintenance. Thus, we reveal two motives of fulfilment of profit-motivated crimes, first, cash security of personal needs and a family, secondly, supply of operatively-office activity. Last motive testifies that the employee of law-enforcement bodies owing to insufficiency of material support is forced to resort to a various sort to monetary enrichment. For example, during interrogation of the former inspector of the device of the Ministry of Internal Affairs of Republic Tajikistan it has explained, that simultaneously investigated criminal cases in areas of republican submission which are located in various parts of republic and are on a considerable distance from capital. Thereupon it had to use a taxi, and it has run into debt the sum considerably exceeding its monetary contentment. 62 % of the employees of protection services of a public order interrogated by us, inquiry and preliminary investigation of law-enforcement bodies have noticed, that because of insufficient material support they face necessity to carry out operatively-office problems at the expense of persons who appear or are interested in an outcome of the materials which are in their manufacture.

It is necessary to pay special attention to selection and arrangement of the managerial personnel as on it depend both personnel selection of law-enforcement bodies, and quality of realisation by them of operatively-office problems. As have shown results of interrogation of employees of law-enforcement bodies, the majority of them consider (71 %), that in appointment of the managerial personnel the increasing value has their related and business ties, instead of professional and administrative qualities. It svjazanno with prevalence of regionalism and mercenary motives which the most part of the high-ranking heads of law-enforcement bodies adheres. In the present research we had been considered mentality of citizens of all regions of Republic Tajikistan, and also feature of their relation with employees of law-enforcement bodies. Taking into account these circumstances at appointment of the head of territorial law-enforcement body it is necessary to take into consideration not only its professional and administrative qualities, but also a geographical origin, i.e. District in which the person of the employee of law-enforcement bodies was formed. We believe, that discrepancy of culture, customs and traditions in which the employee of the law-enforcement bodies has been brought up, existing in region where it is appointed, can destructively affect its relation to the subordinated employees, and also the population of served territory.

It is necessary to systematise the standard legal acts regulating activity of law-enforcement bodies, to constitute their uniform list and to let out the arch of the given standard documents. The analysis of the current legislation of Republic Tajikistan has shown, that last years normotvorcheskaja activity of a legislature (Madzhlisi Oli) became more active, owing to what it was accepted the Ministry of Internal Affairs more than fifty departmental subordinate legislation (instructions, orders, instructions, decisions of boards, etc.) . During the analysis and ordering of is standard-legal base it is necessary to check up their maintenance about presence of duplicating positions, blanks in the legislation, and also on discrepancy of norms to existing realities and their actual effectiveness. The interrogation spent by us has shown, that 13 % of employees OVD are not informed on new amendments to legislations and the accepted new standard legal acts. In the Ministry of Internal Affairs there is a practice when in days of carrying out of office employment new standard legal acts appear, but absence of some employees promotes that they do not know about innovations in the legislation. The big file of standard documents of the Ministries of Internal Affairs accepted for optimisation pravoprimenitelnoj of activity and effective realisation operating legislator - stva has been besides, revealed. In our opinion, abundance of the given standard documents and constant perfection in the legislation puts a problem of continuous legal education of the subordinated staff before the head of territorial law-enforcement body. The considerable quantity of accepted standard documents complicates their development by employees and the subsequent practical realisation. 93 % of the employees of law-enforcement bodies interrogated by us have agreed with opinion that as a result of acceptance of huge volume of the standard documents regulating daily operatively-office activity, became difficult to be guided in them, and studying of changes and additions in the current legislation demands increase in volume of time at perfection of knowledge of employees of law-enforcement bodies. At the same time we consider, that allocation of additional time for office employment can occupy time used for carrying out of operatively-office activity, that, in our opinion, is inadmissible. Therefore to heads of territorial law-enforcement bodies it is necessary subordinated to assign a question of legal education directly to employees who in an individual order are obliged at the expense of personal time to be engaged in studying of standard documents.

Carrying out of certification, testing and other actions which problem is check of the employee on conformity of a post occupied with him and revealing of signs of its professional deformation, assumes detection of signs which allow to define level of conformity of the employee of a post occupied with it, in particular, to find out, whether corresponds it to requirements of the Disciplinary regulation and other operating standard documents regulating activity of heads of territorial bodies and their subordinates.

As it has been earlier noted, frequent and unreasonable carrying out of certification and other verifying actions which act as personnel selection fixed assets, leads to easing of their influence on the person of the employee of law-enforcement bodies. Besides, frequency of actions of the given category promotes a conventional attitude of heads of territorial law-enforcement bodies and employees of personnel services, and also generates bureaucratism and corruption certificates. We believe, that carrying out of certification of times in five years is sufficient. In our opinion, it is necessary to increase a role of heads of territorial law-enforcement bodies in education of the employees subordinated to it. Carrying out of individual educational work with each employee allows to harden discipline and the law and order among staff. We suggest to reduce quantity of certifications and similar actions by their replacement by individual educational work.

As have shown materials of complex inspection of the organisation of activity of heads territorial OVD, the spent Ministries of Internal Affairs of Republic Tajikistan in 2007-2016, in many oblgorrajorganah republic internal affairs there are special magazines and folders with memory materials on individually-educational work with staff which under the maintenance have formal character that testifies to actual absence of the given work and a negligence of some heads of divisions. As it has been earlier noted, individually-preventive activity is means of personal influence of the head (chief) for the subordinated employees that has rather effective value in preventive maintenance of disciplinary offences and staff crimes. At the same time it is necessary to notice, that there is a sufficient volume of departmental standard legal documents, in particular, instructions on maintenance of office discipline and the law and order in law-enforcement bodies [139]. Therefore it is necessary for central office of the Ministry of Internal Affairs of Republic Tajikistan to harden the control and supervision of activity of heads of territorial law-enforcement bodies under the prevention of disciplinary offences and prestuple - ny among staff, in particular, carrying out individualnovospitatelnoj works.

Along with individually-educational work the establishment of a harmonious is social-psychological climate among staff as the moral-psychological environment (atmosphere) in which the employee of law-enforcement bodies sojourns, as a rule, influences formation of its professionalism and the further moral-cultural development of its person is necessary. Absence of a favorable climate or an unhealthy climate in collective promote professional deformation and degradation of the employee of law-enforcement bodies.

Carrying out of regular employment, in particular, all-round training to skills of operatively-office activity, is necessary that employees of law-enforcement bodies skilfully applied the found knowledge and experience in daily pravoprimenitelnoj activity, i.e. Skilfully were guided by standard legal acts.

Cultural education of shots and formation at them patriotism, humanism and high legal consciousness though is covered by carrying out of office employment, but allocated by us in a separate direction of activity of the head of territorial body of the Ministry of Internal Affairs. The purpose is spiritually-moral education of the subordinated employees that hardens office discipline and the law and order among staff, promotes consolidation of legality in operatively-office activity of employees, and also forms their moral stability. The given measure has preventive character.

Also it is necessary for head of territorial body of the Ministry of Internal Affairs to establish relations with the public concerning interaction of the subordinated employees with citizens and their formations which can be classified in following directions:

On maintenance of protection of a public order and safety, the prevention, suppression and disclosing of offences and crimes, and reshe -

niju other operatively-office problems facing to law-enforcement bodies;

On public control over quality of operatively-office activity of staff for maintenance of legality and the law and order, the prevention, suppression and disclosing of corruption certificates and other official offences (crimes), including infringement of the rights and freedom of the person and the citizen supposed during activity of militia.

Other measure providing vocational guidance of rising generation for attraction on service in law-enforcement bodies and assistance of law-enforcement activity is connected with the previous point. The head of territorial body of the Ministry of Internal Affairs should be the initiator and the organizer of the given work. In these purposes it is necessary to come into continuous contact to a teaching staff of the average general educational and higher educational institutions located in served territory. However it is necessary to notice, that the given work, what qualitative it would not be, will not help proforientirovat rising generation and youth if employees of law-enforcement bodies do not possess trust of the population and are compromised by perfect them offences and crimes. «Attractive force» for receipt on service in law-enforcement bodies the good character of employees of the given bodies which should gain the honest work authority among citizens is main, first of all, that finally forms prestige of law-enforcement bodies and their appeal to competitors.

As has shown the analysis of conditions of service by employees of law-enforcement bodies of the Republic Tajikistan, the package of social guarantees given by the legislation has mainly formal character as it is realised partially and even is selective concerning a concrete circle of the territorial bodies of the Ministry of Internal Affairs of persons "approached" to a management, that, in our opinion, is inadmissible for law enforcement bodies.

As marks V.A.Rybin, the constitutional position about the Russian Federation as the social state obliges all public authorities, local governments and public organisations to pay special attention social and a legal protection of citizens as to the important direction of a state policy. Historical and modern experience show, that one of conditions of successful performance of problems law-enforcement bodies is maintenance of social rights of employees. Therefore today the reference to a problem social and a legal protection acts as the effective factor of increase of a degree of quality of their work. Keeping up to date, management VNII the Ministry of Internal Affairs of Russia in the end of 2003 has made the decision on carrying out according to demand G osudarstvennogo of establishment «Center of social programs of the Ministry of Internal Affairs of Russia» of annual monitoring social and economic and a legal status of employees of law-enforcement bodies, the citizens dismissed from service and members of their families [140].

The purpose of annual monitoring is realisation of the system analysis of the basic indicators social and a legal protection of employees, the citizens dismissed from service, and members of their families in interests of the prevention of negative tendencies, forecasting of social consequences of accepted decisions and developments of offers on perfection of the legislation of the Russian Federation. It is necessary to introduce the given experience and in practice of activity of heads of territorial law-enforcement bodies of Republic Tajikistan.

It is necessary to notice, that the institute of comrades' courts operating in law-enforcement bodies, is rather effective body as decisions taken out by it, as a rule, are objective and play the important role in the prevention of disciplinary offences and crimes among staff. Results of questioning testify to it. Overwhelming majority of respondents (94 %) have positively characterised activity of similar interdepartmental vessels.

Summing up to the above-stated, it is possible to draw a conclusion, that for perfection of activity of the head of territorial law-enforcement bodies on preventive maintenance of disciplinary offences and crimes among staff and increase of efficiency of the mechanism of its realisation first of all it is necessary to establish the available structurally-organizational and other problems existing in intersystem and external directions of activity of territorial law-enforcement bodies. Experience of the Ministry of Internal Affairs of the Republic Tajikistan, found by it in days of independence which were mainly accompanied by civil war and its negative consequences, is invaluable as allows taking into account former problems and errors in system of the organisation and management of law-enforcement bodies to improve it. In this connection in research the given historical period which also can be characterised as time of formation of independent activity of the Ministry of Internal Affairs independent of centralised submission to the Ministry of Internal Affairs of the USSR has been considered.

Activity of the head of territorial law-enforcement body under the prevention of disciplinary offences and crimes among staff, along with realisation of the basic law-enforcement functions, is priority as pravonarushaemost in law-enforcement bodies destructively influences both qualitative characteristics of the personnel, and on operatively-office (fighting) activity of division. Professional deformation and degradation of subordinates decompose OVD as the complete law-enforcement device which, being in such destructive and disorganised condition, is not capable to carry out adequately the law-enforcement problems. The urgency of consolidation of legality, the law and order and office discipline consists in it among staff of territorial law-enforcement bodies. The head of such body is the main official - the manager and the organizer to whom the duty under the prevention of the specified negative phenomena and their consequences among the subordinate to it of staff is assigned, hence, it is responsible for all positive and negative processes occurring in activity of body headed by it.

Thus, constant perfection of organizational-administrative activity of the head of territorial law-enforcement body in intersystem and external directions is obviously necessary. In research spent by us that part of these directions which is directly connected with observance of legality of the law and order and office discipline staff is considered only. At the same time it has been established close interrelation of aspect investigated by us with all system of activity (including profile functions in the area of protection of a public order, maintenance of safety of traffic, operatively-razysknoj activity, a consequence, etc.) these bodies.

In this connection we believe expedient to optimise the mechanism of realisation of the operating is standard legal base regulating organizational-administrative activity of the head of territorial law-enforcement body by means of working out of methodical recommendations.

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A source: Mirzorustamov Mirzoalisher Mirzokosimovich. Activity of the head of territorial body of the Ministry of Internal Affairs of Republic Tajikistan under the prevention of disciplinary offences and crimes among staff. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -. 2018

More on topic § 2. Perfection of upravlenchesko-preventive activity of the head of territorial law-enforcement body on maintenance of the law and order among staff:

  1. a role of the head of territorial body of the Ministry of Internal Affairs of Russia at regional level in the organisation of scientifically-methodical maintenance of law-enforcement activity
  2. § 3. Preventive activity of the head of territorial body of the Ministry of Internal Affairs on preventive maintenance of offences among employees
  3. Chapter 2. PERFECTION of the ORGANIZATION of LAW-ENFORCEMENT ACTIVITY of the CHIEF of TERRITORIAL BODY of the Ministry of Internal Affairs of Russia AT REGIONAL LEVEL
  4. § 1. Problems of maintenance of legality, the law and order and office discipline among staff of law-enforcement bodies
  5. perfection of legal bases and organizational conditions of scientifically-methodical maintenance of the organisation of law-enforcement activity in territorial bodies of the Ministry of Internal Affairs of Russia at regional level
  6. directions of optimisation of the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level as subject of the organisation of law-enforcement activity
  7. the organisation of law-enforcement activity as the leading competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level
  8. Ways of perfection of legal bases of the organisation of law-enforcement activity to territorial bodies of the Ministry of Internal Affairs of Russia at regional level
  9. § 3.3. The basic directions of increase of efficiency of activity state and law enforcement bodies on preventive maintenance of thefts
  10. Perfection of legal regulation of the mechanism of inter-regional coordination of law-enforcement activity of law-enforcement bodies
  11. formation and development of administrative activity of domestic law-enforcement bodies on preventive maintenance of offences of minors
  12. methodical maintenance of inter-regional coordination of law-enforcement activity of law-enforcement bodies
  13. Mirzorustamov Mirzoalisher Mirzokosimovich. Activity of the head of territorial body of the Ministry of Internal Affairs of Republic Tajikistan under the prevention of disciplinary offences and crimes among staff. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -, 2018 2018
  14. § 3. Perfection of activity of law-enforcement bodies on maintenance of realisation of the political rights and freedom of citizens in the Russian Federation
  15. Chapter 1. LEGAL BASES And ORGANIZATIONAL MAINTENANCE of INTER-REGIONAL COORDINATION of LAW-ENFORCEMENT ACTIVITY of LAW-ENFORCEMENT BODIES
  16. BOLDYREV Uljumdzhi Konstantinovich. the CHIEF of TERRITORIAL BODY of the Ministry of Internal Affairs of Russia AT REGIONAL LEVEL AS the ORGANIZER of LAW-ENFORCEMENT ACTIVITY: LEGAL And ORGANIZATIONAL ASPECTS. The dissertation on competition of a scientific degree of the master of laws. Moscow -, 2018 2018
  17. Concept and essence of the organisation of law-enforcement activity of territorial bodies of the Ministry of Internal Affairs of Russia at regional level
  18. Coordination of law-enforcement activity of law-enforcement bodies as objective necessity
  19. Chapter 1. Teoretiko-methodological bases of the organisation and police activity as law enforcement body in Russia, the Great Britain and the USA