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www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2021.45.09.13
How to Cite:
Romanov, M., Vasylynchuk, V., Grytsyshen, D., Melnyk, O., & Denysiuk, D. (2021). Organizational and legal framework for the
functioning of the National Police investigation units. Amazonia Investiga, 10(45), 120-130.
https://doi.org/10.34069/AI/2021.45.09.13
Organizational and legal framework for the functioning of the
National Police investigation units
Організаційно-правові засади функціонування підрозділів дізнання Національної
поліції України
Received: August 23, 2021 Accepted: September 30, 2021
Written by:
Romanov Maksym
47
https://orcid.org/0000-0003-2443-7744
Vasylynchuk Viktor
48
https://orcid.org/0000-0001-5415-8450
Grytsyshen Dymytrii
49
https://orcid.org/0000-0002-1559-2403
Melnyk Oksana
50
https://orcid.org/0000-0003-1805-830X
Denysiuk Denys
51
https://orcid.org/0000-0002-9887-9783
Abstract
Анотація
Метою статті є наукове тлумачення поняття,
сутності та загальної структури
організаційно-правових засад
функціонування підрозділів дізнання
Національної поліції України та їх
нормативного забезпечення. Предметом
дослідження є організаційно-правові засади
функціонування підрозділів дізнання
Національної поліції України. Методологія
дослідження включає в себе використання
загальнонаукових та спеціальних методів
наукового пізнання: діалектичний, логічний,
нормативно-догматичний, логіко-
семантичний, монографічний, метод
узагальнення. Результати дослідження.
Проведено аналіз підходів до розуміння
поняття та сутності організаційно-правових
засад функціонування підрозділів дізнання
Національної поліції України. Окреслено
поняття та значення нормативних підстав, що
орієнтовані на забезпечення організаційно-
правових засад загалом і підрозділів дізнання
Національної поліції України, зокрема.
47
Senior Research Fellow of Public Law Problems Research Department of the Scientific Institute of Public Law, Ukraine.
48
Doctor of Law, Professor, Professor of the Department of Operational and Investigative Activities of the National Academy of
Internal Affairs, Ukraine.
49
Doctor of Economics, Doctor of Public Administration Sciences, Professor, Dean of the Faculty of Public Administration and Law
of Zhytomyr Polytechnic State University, Ukraine.
50
PhD in Law, Associate Professor, Associate Professor of Criminal Procedure Department of the National Academy of Internal
Affairs, Ukraine.
51
PhD in Law, Associate Professor, Leading Researcher of the Scientific Institute of Public Law, Ukraine.
Romanov, M., Vasylynchuk, V., Grytsyshen, D., Melnyk, O., Denysiuk, D. / Volume 10 - Issue 45: 120-130 / September, 2021
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The significance and elements of organizational
and legal framework in the context of sustainable
and stable functioning of inquiry units of the
National Police of Ukraine are clarified. Value /
originality. The problems are outlined and
recommendations for their possible solution and
improvement of the relevant institution are
developed.
Практичне значення. З’ясувано значення та
елементів організаційно-правових засад у
контексті сталого та стабільного
функціонування підрозділів дізнання
Національної поліції України.
Цінність/оригінальність. Окреслено
проблеми та розроблено рекомендації щодо
можливого їх розв’язання та вдосконалення
відповідного інституту.
Ключові слова: засади функціонування,
нормативні основи, нагляд, дізнання,
дізнавач.
Introduction
The Constitution and laws of Ukraine regulate
the chosen European integration course of the
State. The vector of pro-European development
of Ukraine and its citizens was chosen not by
chance, because only such a way allows to
reliably strengthen the functioning of the
institution of human and civil rights and
freedoms in a view of democratic values.
Our country has a wide range of law enforcement
agencies, one of the main tasks of which is to
ensure proper observance of human and civil
rights and freedoms, investigation of criminal
offenses and prosecution of perpetrators.
However, given the large of criminal acts, the
issue of their investigation needs and has always
required differentiation.
The essence of this process is the distribution of
powers between various public authorities to
protect the rights and freedoms of an individual
and citizen through investigating criminal
offenses of various kinds. One of such bodies is
the National Police of Ukraine, which conducts
pre-trial investigation of criminal offenses under
their jurisdiction, which constitute about 92% of
the articles of the Criminal Code of Ukraine
(Law of Ukraine No. 2341-III, 2001).
The institution of inquiry units of the National
Police of Ukraine was introduced in order to
relieve the pre-trial investigation bodies (namely,
investigators of the National Police of Ukraine).
The activities of inquiry units is regulated by a
number of normative and legal acts, which
determine their bases of organization, direction
of activity and separate elements of the
mechanism of functioning. However, the issues
of organizing the work of the relevant
departments, regulatory and legal support of their
organizational and legal foundations and
fundamental aspects of the functioning generally
remain open.
Thus, the aim of the article is scientific
interpretation of the concept, nature and general
structure of organizational and legal framework
of the National Police of Ukraine in general and
inquiry units in particular on the basis of the
views of scientists, current regulations and
statistics.
Methodology
The process of cognition, as the basis of any
scientific research, is quite complex and requires
a conceptual approach based on a certain
methodology, the application of certain methods.
The method is a tool for solving the main task of
science – the discovery of objective laws of
reality. The method determines the need and
place of application of induction and deduction,
analysis and synthesis, abstraction,
formalization, modeling, etc. The specifics of our
research have led to the choice of the following
methods.
Dialectical method helps to analyze the
approaches to understanding the concept and
essence of the organizational and legal
framework for the functioning of the inquiry
units of the National Police of Ukraine.
Using logical method, the concept and meaning
of normative basis, which is focused on
providing organizational and legal support for
inquiry units of the National Police of Ukraine,
are outlined.
Normative and dogmatic method is applied in the
study of normative acts that regulate the issues of
the concept, nature and general structure
organizational and legal bases of the functioning
of inquiry units of the National Police of Ukraine.
System and structural method is useful in
creating legal framework for the functioning of
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inquiry divisions of the National Police of
Ukraine, as well as for the determination of the
main functions of inquiry units, which are
enshrined in the relevant organizational and legal
framework.
Logical and semantic method makes it possible
to examine the concept of organizational and
legal foundations of the functioning of the
relevant police units.
Monographic method is used in the investigation
of the views of scientists who have considered
the issue under consideration.
Method of generalization helps to develop
recommendations for possible solutions to the
outlined problems and improve the relevant
institution.
Literature Review
According to a number of scholars,
organizational and legal framework for law is the
starting point that legally fixes the objective laws
of social development (Bespalko 2018, p. 53).
Pursuant to Geneva Centre for the Democratic
Control (DCAF, 2015, p. 7) legal framework in
police activities is: constitutional and organic
laws, policies and plans conform to national and
international law.
In turn, the scholars who study the issues of
organizational and legal support for public
authorities pay attention to some special features
of this category.
For example, Pryimachenko (2013, p. 60) argues
that the organizational support of the judiciary is
a set of administrative, financial, informational,
organizational and logistical measures of
influence implemented by the State Judicial
Administration of non-procedural nature, which
are aimed at creating and maintaining
appropriate conditions for the effective
functioning of the judiciary.
Studying the organizational support of the
Prosecutor’s Office, Shahanenko (2015, p. 146),
proposes to supplement the already reasoned list
of features of the organizational support with:
personnel measures (which, in our opinion, are
absorbed by the administrative measures
described by the abovementioned authors);
informational and operational measures (which
act as a narrow reflection of the previously
mentioned informational and organizational
measures).
In our opinion, Zabroda (2013, p. 47) provides
the most comprehensive and complete research
on the essence of organizational and legal
measures. He states that organizational and legal
framework includes: 1) mandatory elements
(legal basis (legislation); object of legal
regulation; priority areas; principles; actors and
their tasks, functions and powers, means
(measures and methods), by which the public
relations are regulated (including responsibilities
and mechanisms of control and supervision) and
2) optional elements (organization of
international cooperation) in the relevant area;
information support; specifics of funding;
features of interaction and coordination in a
particular area.
Piotrowski et al. (2021) prove that there is a
positive influence of organizational support and
organizational justice on the work of a police
officer. To substantiate this view, they have
studied the relevant data and performed
correlation analyses.
Boateng (2014) having studied the issue of
organizational Support and police officer
effectiveness, states that it has received
considerable attention in the academic literature,
but a little scholarly attention in police circles. To
solve this problem, the scientist presents the
relevant survey results on the officers’ perception
of organizational support influence on the
effectiveness in performing assigned duties.
Results and Discussion
The urgency of the topic is due to Ukraine’s
European integration efforts, which at the present
stage of the State formation are implemented in a
way to strengthen the institution of democracy
and the rule of law as a basis for public
authorities and local government.
One of the most comprehensive and effective
steps to reform criminal justice and the structure
of law enforcement agencies in the context of
optimizing their work was the establishment of a
system of inquiry units of the National Police of
Ukraine.
One of the mandatory elements of the
organizational and legal framework for the
functioning of the investigation units of the
National Police of Ukraine is the relevant
regulatory framework.
Regulatory legal support is legal mechanisms
that are enshrined at the national level, which are
binding and compulsory and consist of national
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laws and regulations, contractual obligations
(Geneva Centre for Security Sector Governance,
2021).
The normative bases for the functioning of
inquiry divisions of the National Police of
Ukraine consist of:
1. The Constitution of Ukraine (Law of
Ukraine No. 254k/96-VR, 1996), which
defines the basic provisions of respect for
human and civil rights and freedoms,
restrictions on law enforcement in terms of
influencing human and civil rights and
freedoms in criminal proceedings.
2. The Criminal Procedure Code of Ukraine
(Law of Ukraine No. 4651-VI, 2012), which
partially covers the basics of organizational
and legal nature in relation to the inquiry
units of the National Police of Ukraine;
3. Law of Ukraine “On the National Police”
(Law of Ukraine No. 580-VIII, 2015), which
establishes the profound organizational and
legal and constitutive principles, tasks, and
algorithms of the National Police of Ukraine
as the central body of State power authorized
to prevent and combat crime in general and
investigating criminal offenses in particular.
4. Law of Ukraine “On the Disciplinary Statute
of the National Police” (Law of Ukraine No.
2337-VIII, 2018), which defines the general
procedure for disciplinary proceedings
against police officers of the National Police
of Ukraine.
5. Law of Ukraine “On Amendments to Certain
Legislative Acts of Ukraine on
Simplification of Pre-trial Investigation of
Certain Categories of Criminal Offenses”
(Law of Ukraine No. 2617-VIII), which is
the main organizational and legal basis for
pre-trial investigation of criminal offenses
by the inquirers and investigators of the
National Police of Ukraine.
6. Regulation on the organization of the
activities of inquiry units of the National
Police of Ukraine (Order of the Ministry of
Internal Affairs of Ukraine 2020, No. 405),
which defines the basic organizational and
legal principles of functioning of inquiry
units.
Organizational and legal bases for the
functioning of inquiry units of the National
Police of Ukraine also consist of priority
directions and principles.
There is no clear definition of the concept of
direction in jurisprudence, however, its essence
is reflected in part in philosophical categories,
such as the concept of progress.
Scientists emphasize that the progress is based on
increasing the level of organization, which is
manifested in the ability to self-organization,
self-regulation, self-management in the most
highly organized forms of matter (Shynkaruk
1986, p. 539 – 540).
Therefore, when interpreting the concept of
direction through the definition of progress, it
should be noted that in the context of
organizational and legal framework for the
National Police of Ukraine, the direction is a
vector of gradual movement towards progress or
regress, characterized by self-organization, self-
regulation and self-management.
The concept of task is also reflected in reference
sources and is interpreted as a predetermined,
planned amount of work, business or goal to
which they aspire; what they want to achieve
(Kunch 2005). According to the current
legislation, the tasks of the National Police of
Ukraine (Law of Ukraine No. 580-VIII, 2015)
are to provide police services in the following
areas:
ensuring public safety and order (which can be
implemented by the staff of the inquiry unit as a
result of preventive actions and encouraging
individuals and citizens not to violate public
order and safety);
protection of human rights and freedoms, as well
as the interests of society and the State (which is
fully realized in the main functions of the
National Police of Ukraine: pre-trial
investigation of criminal offenses, prosecution of
perpetrators, protection and defense of the rights
and freedoms of victims, suspects and others
involved in pre-trial investigation);
combating crime (which is fully reflected in the
functions of the inquiry units and is implemented
in their daily activities connected with pre-trial
investigation of criminal offenses, which aims, in
particular, to bring the perpetrators to justice);
providing, within the limits prescribed by law,
assistance to persons who need it because of
personal, economic, social reasons or as a result
of emergencies (which is reflected in the
inquirers’ non-procedural activities, as the
official is also a police officer with general duties
as a law enforcement officer, including providing
assistance to people).
Turning back to the principles, we can state that
they are basic, original ideas, characterized by
universality, general significance, higher
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imperative and reflect the essential provisions of
theory, doctrine, science, domestic and
international law, political, State or community
organizations (humanism, legality, justice,
equality of citizens before the law, etc.) (Skakun
2001, p. 258).
In turn, having considered these approaches to
the interpretation of the concept of principles in
law, it is necessary to investigate the issue of their
interpretation taking into account the views of
scientists and the principles of the National
Police of Ukraine defined by the current
legislation of Ukraine.
Kolodii (2012), considering the classification of
the principles of law, notes that the general
principles of law are universal, and specifically
embodied in the principles of each area of law;
the autonomous principles of lawmaking are
embodied in law enforcement. The author
emphasizes that the basic principles are divided
into general and social and specific and legal
(systemic and structural); among general and
social one can highlight political, economic,
social, ideological, moral foundations of law.
Thus, the author affirms the existence of the
following structure: 1) the principles of the legal
system: a) common law (basic) principles; b)
intersectoral principles; c) sectoral principles; d)
the principles of legal institutions.
At the same time, applying the obtained
theoretical results to practical activities and the
legal basis for the functioning of law
enforcement agencies, the principles of the
National Police of Ukraine are:
rule of law (which is a basic and fundamental
principle that directs the work of the agency
solely in the interests of human and civil rights
and freedoms defined not only by the
Constitution of Ukraine and current international
agreements, which the Verkhovna Rada of
Ukraine agreed to be bound by, but also by the
Criminal Procedure Code of Ukraine and the
Law of Ukraine “On the National Police”);
observance of human rights and freedoms (which
lies not only in their protection during conducting
organizational, official or procedural activities,
but also in showing respect in other situations of
official nature (while on duty, in public places,
etc.);
legality (which directs the work of the inquiry
unit and its officials only in the manner and
within the limits provided by applicable law);
transparency (which means providing
information to the authorities and the public by
inquiry units about their activities in the area of
protection of human rights and freedoms, crime
prevention, public safety and order, as well as
access to public information owned by the
National Police of Ukraine in the manner and in
accordance with the requirements specified by
law);
political neutrality (which is to ensure the
protection of human and civil rights and
freedoms, regardless of political beliefs and party
affiliation);
interaction with the population on the basis of
partnership (which means cooperation and
interaction with the population in its various
forms (involvement of the public concerned in
the conduct of investigation (search) as witnesses
or as extras);
continuity (which means continuous and round-
the-clock performance of tasks by the inquiry
units of the National Police of Ukraine within the
limits and in the manner prescribed by the
Criminal Procedure Code) and is reflected in the
right of an individual to seek help from the police
or police officers.
Subjects, their tasks, functions and powers are
another essential element of the organizational
and legal framework for the functioning of
inquiry units of the National Police of Ukraine.
The subjects of the inquiry units of the National
Police of Ukraine are their structural elements
(organizational and staffing units), which
include: the Inquiry Department of the National
Police of Ukraine; departments (sectors) of
inquiry of the Main Directorates of the National
Police; departments (sectors) of inquiry of
territorial (separate) police units; investigators,
as well as police officers of other units of the
National Police of Ukraine, who are authorized
to conduct pre-trial investigation of criminal
offenses.
The tasks of these subjects are:
protection of the individual, society and the State
from criminal offenses (which lies in the
implementation of a prompt, complete and
impartial pre-trial investigation of criminal
offenses in compliance with all legal procedures
and objective factors);
protection of the rights, freedoms and legitimate
interests of participants in criminal proceedings
(which is to respect the rights and freedoms of all
participants in criminal proceedings and protect
them from encroachment;
ensuring prompt, full and impartial investigation
of criminal offenses under the jurisdiction of the
National Police of Ukraine (which lies in the
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implementation of the principle of inevitability
of liability for offenses and compliance with pre-
trial investigation. The completeness of the
investigation and disclosure of a criminal offense
depend on how quickly the procedural actions are
carried out, which will help to protect the
legitimate interests of persons involved in
criminal proceedings; completeness means that
all circumstances to be proved in criminal
proceedings are established. In this regard
Shcherbakovskyi et al (2020, p. 123) note that
errors and violations that take place at the stage
of pre-trial investigation lead to the restriction of
human rights and freedoms;
ensuring compensation to individuals and legal
entities for damage caused by criminal offenses
(lies in the most effective implementation of
criminal procedural and administrative tools by
the inquirer to legally achieve the goals and
objectives of pre-trial investigation and creating
appropriate grounds for further compensation to
individuals and legal entities for damage caused
by criminal offenses);
identifying the causes and conditions that
contribute to the commission of criminal
offenses, and taking measures to eliminate them.
Besides, the main functions of inquiry units are:
the analysis of the practice of pre-trial
investigation of criminal offenses, organization
and results of the activities of the inquirers, and
making proposals for efficiency gains (which can
be implemented through systematic individual
evaluation of inquirers, by rating, taking into
account all objective, subjective factors);
use of means to improve the quality of the inquiry
and compliance with its deadlines;
study, generalization of positive experience of
inquiry, its introduction into the practice of
inquiry units, development of modern methods of
investigation of certain types of criminal offenses
(which is expressed in borrowing international
experience of units conducting pre-trial
investigation of criminal offenses);
organization of interaction of inquiry units with
other units of the National Police, investigators
and detectives of other law enforcement
agencies, entities engaged in forensic activities,
units engaged in operational and investigative
activities, as well as prosecutors, who supervise
compliance with the law during pre-trial
investigation in the form of procedural guidance
of pre-trial investigation (carried out directly by
the inquirer in the pre-trial investigation, by
drawing up procedural documents);
studying the practice of application of legal
norms by inquirers and development of proposals
to improve the legislation of Ukraine (which is
reflected in the creation of high quality
methodological support for inquiry units of the
National Police of Ukraine, formed using the
practice of application of legal norms, statistics);
ensuring selection, placement and education of
personnel for inquiry units, improving their skills
and professionalism (which serves as a basis for
further development of the inquiry institution in
Ukraine as a body authorized to investigate
criminal offenses and is reflected in the
development of training programs, training
courses qualifications and professional skills, as
well as trainings, seminars, workshops and the
creation of other formats and algorithms for the
training of inquirers and persons authorized for
inquiry in the National Police of Ukraine);
addressing and adjudicating on citizens’ appeals
received in relation to the inquiries.
The powers, in contrast to the tasks and
functions, are defined only for a few categories
of inquirers, namely for the Head of the Inquiry
Department of the National Police of Ukraine;
Head of the Main Directorate of the National
Police Inquiry Department (sector); Head of the
Department (sector) of Inquiry of the Territorial
Police Unit. In turn, these powers are generally
formulated almost identically, duplicating and
differentiating depending on the level of
administrative importance of the post occupied
by the relevant manager.
One of the most important elements of the
organizational and legal framework for the
functioning of any public authority is the
mechanisms of responsibility and control,
supervision of specific activities.
The most accurate in the context of the need to
define the concept of responsibility of the
inquirer as an official of the police and the
procedural person carrying out pre-trial
proceedings is the consideration of existing
scientific provisions on the interpretation of the
relevant category.
Legal liability arises precisely because the
subject of the offense is in a general relationship
of responsibility with the State, but breaks this
connection by an act of irresponsible behavior.
This statement most accurately and clearly
reflects the essence of the responsibility of the
inquirer – the violation of previously assumed
legal obligations, for which there is a necessary
and inevitable legal consequence.
In order to prosecute officials of the National
Police of Ukraine and persons authorized to
conduct pre-trial investigations of criminal
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offenses, there is a system of bodies and legal
bases for their activities in order to exercise
appropriate control and supervision.
The scientists emphasize that the control function
not only provides legality, compliance with
mandatory requirements, but also involves
conducting the test to ensure that the legal model
is met, as well as analysis of the actual state of
implementation of the rules of conduct, the
results obtained (Horbova 2019, p. 39).
The control over the activities of employees of
inquiry units in the system of the National Police
of Ukraine in terms of compliance with discipline
and legality is most effectively performed by the
Personnel Inspection Department of the
Personnel Department of the National Police of
Ukraine.
The main reason for prosecuting a police officer
is the violation of official discipline, which is
expressed in non-compliance with the
Disciplinary Statute of the National Police of
Ukraine, which defines the essence of official
discipline in the National Police of Ukraine, the
powers of police officers and their superiors, the
procedure for their application and appeal.
The observance of official discipline, in
accordance with the Disciplinary Statute, is
based on the creation of the necessary
organizational and socio-economic conditions
for honest, impartial and dignified performance
of police duties, respect for the honor and dignity
of police officers, education of conscientious
attitude to police duties by the prudent
application of methods of persuasion,
encouragement and coercion.
It should be noted that bringing an inquirer to
disciplinary responsibility is possible only for the
act that violates the principles of discipline and
legality in the activities of the National Police of
Ukraine, as there is a separate mechanism for
appealing procedural decisions, actions or
omissions in the criminal process associated with
procedural supervision.
At the same time, it should be emphasized that
there is the concept of judicial control in the
system of criminal proceedings, which is a direct
part of the normative component of the
organizational and legal framework for the
operation of inquiry units of the National Police
of Ukraine.
Judicial practice indicates that judicial control
over the procedural actions and decisions of the
inquirer is an extremely effective and efficient
means of protecting legal rights and interests of
participants in criminal proceedings. The
function of judicial control in the domestic
criminal procedural legislation during the pre-
trial investigation is entrusted to a new subject in
the criminal process – the investigating judge
(Kyslenko 2015, p. 178).
The concept of supervision is interpreted in many
ways. The meaning of the term “supervision” is
often revealed through the concept of “control”.
In this regard Busel (2005, p. 992) emphasizes
that the meaning of these words is the same in the
conventional sense.
However, it should be emphasized that the
essence of these definitions is clearly
distinguished by the subject of the relevant
authority in relation to the supervision over the
activities of inquiry units of the National Police
of Ukraine. Supervision in this case is the
function of the prosecutor’s office under current
law; control is attributed to the powers of the
inspection of the personnel of the National Police
of Ukraine, and in terms of the exercise of
procedural powers it is empowered to the
functions of the court, the investigating judge. In
any case, these elements are part of the
organizational and legal framework for the
operation of inquiry units of the National Police
of Ukraine.
It should also be emphasized that in the context
of globalization, mutual and systematic exchange
of experience between law enforcement agencies
around the world, the issue of international
cooperation as an element of organizational and
legal framework and one of the priorities of the
latter is very important for sustainable
development.
Etymologically, the term “cooperation” means
joint activities, participation, partnership,
interaction (Khomaiko 2018, p. 70). The
researcher Kuznetsov and Tuzmukhamedov
(2010, p. 207) believe that international
cooperation is a joint action of the actors in any
area of their common interests, interconnected
activities to coordinate their views, actions, solve
problems that have mutual significance for the
adoption of mutually acceptable decisions.
Information and analytical support as an element
of organizational and legal bases of functioning
of inquiry units of the National Police of Ukraine
is the most important optional direction from the
point of view of rapid information progress of
society.
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Regarding the concept of information and
analytical support in the scientific space, there is
a certain discussion, which is expressed in the
controversial attribution of a number of features
to this category.
Thus, according to Hlushkov (1973), the
structure of information and analytical activities
should include information support, information
and analytical work, databases, including
information retrieval, goals, motives, methods
and techniques of their implementation. It should
be noted that information and analytical activity
is a product of intellectual, creative general
civilization tendencies that characterize the
development of mankind aimed at the formation
of priorities for sustainable development of
civilization and informatization (Zakharova and
Filipova 2013).
It is appropriate to note that the National Police
of Ukraine performs the following actions within
information and analytical support: forms
databases (banks) that are part of a single
information system of the Ministry of Internal
Affairs of Ukraine; carries out information
retrieval and information and analytical work;
uses databases (banks) of the Ministry of Internal
Affairs of Ukraine and other public authorities.
We stress on the need to use the full range of
information and analytical technologies in the
activities of inquiry units, as it is necessary not
only for the development, but also for the normal
exercise of powers given the annual number of
registered criminal offenses, rapid
informatization of all spheres of public
administration and social life, as well as
improving digital literacy.
Conclusion
Thus, we analyzed the most important, in our
opinion, and essential elements of the
organizational and legal framework for the
operation of inquiry units of the National Police
of Ukraine.
Therefore, on the basis of the analyzed
approaches to understanding the concept of
organizational and legal principles and
regulatory support, highlighting their essence
and research approaches to understanding the
structural elements and essence, we have made
the following conclusions:
1. Organizational and legal principles of
functioning are, in their general sense,
original and legally fixed patterns of
organization and streamlining the processes
of ensuring the proper operation or
functioning of anything.
2. Organizational and legal bases for the
functioning of inquiry units of the National
Police of Ukraine are normatively fixed
initial laws of administrative, material,
financial or any other nature in relation to the
organization and streamlining the processes
of maintenance of proper functioning of the
corresponding institution.
3. The essence of the organizational and legal
basis for the functioning of the inquiry units
of the National Police of Ukraine is their
importance for the development and
expansion of opportunities for the
implementation of the functions assigned to
the relevant agencies. In turn, the structure
of organizational and legal framework for
the activity (functioning) is rather extensive
and includes both mandatory and optional
elements.
4. Normative support is the legal mechanisms
established by the State as obligatory and
compulsory for all individuals who are in its
territory (except for the cases defined by
law), consisting of national laws and other
regulatory legal acts (acts of the President of
Ukraine, resolutions of the Verkhovna Rada
of Ukraine, resolutions and orders of the
Cabinet of Ministers of Ukraine, other
normative, organizational and
administrative documents adopted in the
manner prescribed by law).
5. The list of normative legal acts that ensure
the functioning and organizational and legal
support includes: the Constitution of
Ukraine, the Criminal Procedure Code of
Ukraine, the Law of Ukraine “On the
National Police”, the Law of Ukraine “On
the Disciplinary Statute of the National
Police”, the Law of Ukraine “On the
amendments to some legislative acts of
Ukraine to simplify the pre-trial
investigation of certain categories of
criminal offenses”, Regulation on the
organization of the activities of inquiry units
of the National Police of Ukraine.
6. The mandatory elements of the
organizational and legal framework for the
operation of inquiry units of the National
Police of Ukraine are:
6.1. Normative basis (in general: the Law of
Ukraine “On the National Police”, the Law
of Ukraine “On the Disciplinary Statute of
the National Police”, Regulation on the
organization of inquiry units of the National
Police of Ukraine; in particular: Criminal
Procedure Code of Ukraine, the Law of
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Ukraine “On Amendments to Certain
Legislative Acts of Ukraine on
Simplification of Pre-trial Investigation of
Certain Categories of Criminal Offenses”,
other normative and legal acts);
6.2. Subjects and their tasks, functions and
powers (i.e. the activities in the system of
law enforcement agencies of Ukraine of
inquiry units as an institution authorized for
pre-trial investigation of criminal offenses);
6.3. Priority areas, principles, which in this case
are determined by the general principles of
the National Police of Ukraine (public
safety and order; protection of human rights
and freedoms, as well as the interests of
society and the State; crime prevention;
providing assistance to persons who are in
need) and by the basic principles (rule of
law; respect for human rights and freedoms;
legality; transparency; political neutrality;
interaction with the population on the basis
of partnership; continuity).
6.4. The mechanisms of responsibility and
control, supervision of specific activities
(for example, management of the inspection
of personnel of the National Police of
Ukraine (at the general level), and also the
bodies of the prosecutor’s office and the
court (in matters of purely procedural
activities and the need to respect the rights
and freedoms of all participants in criminal
proceedings).
7. Besides, the optional elements of the
organizational and legal framework for the
operation of inquiry units of the National
Police of Ukraine consist of:
7.1. Organization of international cooperation,
which lies in both organizational and
procedural assistance in preventing the
commission of criminal offenses by
individuals and the establishment of a
system of joint exercises for mutual
exchange of experience, methods of training
and retraining of other police officers to
work in inquiry units;
7.2. Organization of information and analytical
support as the system of training (retraining)
of specialists for inquiry units using the
latest information technologies and the use
of various innovations (electronic
databases, information and reference
Internet resources, etc.) in the investigation
of criminal offenses;
The prospect for the further scientific research is,
first of all, to expand a certain scientific position,
its argumentation taking into account the views
of a wider range of scientists, regulations of
national and international jurisdiction, as well as
experience in determining the organizational and
legal framework of pre-trial investigation of
criminal offenses.
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