Municipal police in Ukraine - Муніципальна варта


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history of creation of local police services in Ukraine, the bill of municipal guards, function, tasks, the main forces, powers and other features, a conclusion

Municipal police in Ukraine - Муніципальна варта

Municipal police in Ukraine - Муніципальна варта

Attempts of creation in Ukraine of municipal (local) police were made repeatedly, from 90th years of the last century. They were made mainly in the large cities: Kiev, Dnipropetrovsk and Kharkiv. However all similar «experiments» initially had no prospect of development because the template which was already in time to prove negatively was taken as a basis.
In a nutshell its essence was in the following: from the structure of Territorial Department of the Ministry of Internal Affairs divisions on ensuring public order were allocated, and their financing was shifted to the local budget. But the main thing that at the same time they continued to submit first of all to the Ministry of Internal Affairs. The matter is that the Ukrainian authorities almost completely copied this scheme from that that earlier it was already applied in Russia, though that moment the full insolvency which was already in time to prove. In more detail about it it is possible to read here.

Note of the author: in spite of the fact that on the example of Russia and Ukraine this format already managed to prove the full incapacity, in 2015 it was tried to be applied in Kazakhstan during creation of Local police service again. In February, 2018 in the article about this experiment I made the assumption that it will end unsuccessfully, in February, 2019 my forecast completely was confirmed.
Ukraine also did not become an exception. The term «Local Militia» entered in 2004 into the legislation (till 2015 in the territory of Ukraine the name - militia was used, in 2015 with entry into force of law N 580-VIII it is renamed into police) in 2008 was abolished, and the Ukrainian militia became uniform law-enforcement service with the central submission of the Ministry of Internal Affairs of Ukraine again.
However creations of local police service on it were not stopped trying especially as Article 38 of the Law «About Local Self-government in Ukraine» granted to local authorities the right for creation of similar services. But there is a nuance: local authorities on creation of own police services have a right, and there is no statutory act which would establish an order of realization of this right, so far. Though initiatives about adoption of such documents were, one of them which reached the Ukrainian Parliament, I also suggest to consider.
On August 28, 2019 from the Verkhovna Rada of Ukraine the bill «About Municipal Guards» was withdrawn. This document had to define a concept, legal and organizational bases of activity of divisions of municipal guards, their main objectives and functions, the principles of activity and the organization of management. The draft of this law was sent to the Ukrainian Parliament in May, 2015, in July of the same year the decision on it was postponed, the next four years it lay without the movement and in August, 2019 was withdrawn by authors.
I did not find information on what caused such situation in the Ukrainian media (if someone from readers has such information - write). However considering the fact that the bill was shelved practically at once, and within four years it was not considered and was not adjusted, I can assume that his authors just were disappointed in the prospects of its consideration and acceptance (I will repeat - it is only my assumption).
Now directly about the bill. It is small, consists of 6 sections (heads) and 26 articles. In the addition to the law it provided (Article 8) existence of two more standard documents: The disciplinary charter and the Provision on municipal guards which are approved by the government of Ukraine. Other issues of activity are regulated by regulations of local government bodies, certainly, in the part which is not contradicting the state legislation of Ukraine.
The law regulates the majority of the general questions of the organization and activity of territorial authorities of municipal guards. The term «Municipal Guards» treats the law as follows (Part 1, Article 1): - "The municipal guards − are body in the system of local self-government which is created in the order determined by the present Law for the purpose of providing in the territory which is under jurisdiction of the relevant council, protection of public order, legality, the rights, freedoms and legitimate interests of citizens and contain at the expense of means of the corresponding local budget.». The formulation briefly and capaciously displays the status of the created service, its purposes, tasks and sources of contents. Definitions, similar in contents, contain in the majority of the normative documents regulating activity of similar services in the countries of Europe.
Proceeding from contents of the law (Article 12 and Part 1 of Article 19), the organization and activity of division of municipal guards is localized in borders of one settlement. The possibility of the conclusion of agreements and creation of intermunicipal services is not provided by the law.
The bill provides a dress code of employees of municipal guards of a sample, uniform for all territory of the country. The order of completing of divisions by staff, requirements to candidates, their further training is established. Let's consider still some sections of this bill a little more in details, according to the same scheme as considered municipal (local) police services of other countries.

Functions and tasks
As the main objectives (Article 2 of the law) it defines the following: (literal translation, is executed with use of PROMT Online service)
- ensuring protection of public order in the territory of jurisdiction of the relevant local council, in interaction with law-enforcement bodies;
- prevention of offenses;
- informing bodies and divisions of internal affairs on the committed or preparing crimes, places of concentration of criminal groups;
- performance of separate administrative penalties;
- protection of the property which is in municipal property;
- rendering separate types of the legal and public assistance to the citizens, local government bodies, enterprises, institutions and organizations which are carrying out the activity in the territory of the relevant city council and local council of the joint territorial community;
- assistance to implementation of decisions of the relevant councils which entered into municipal guards, accepted within their powers on questions:
1) control of observance of the land and nature protection legislation, use and protection of lands, other natural resources of nation-wide and local value;
2) improvements of the territory, control of observance of rules of sanitation, purity of streets, parks, squares and house adjoining territories;
3) protection of the state symbols, symbols of territorial community and cultural monuments of the city;
4) parking of motor transport;
5) protection of historical and cultural monuments, architecture and town planning, palace and park, park and farmstead complexes, nature reserves;
6) organizations of trade, public catering and consumer services;
7) rescue of life of people, protection of their health, maintaining material values in case of an elemental disaster, environmental disasters, epidemics, an epizooty, the fires, other emergency situations;
8) ensuring public order when holding quarantine actions during epidemics and an epizooty;
9) participation within the powers in providing the military and state of emergency;
assistance to law-enforcement bodies, other law enforcement agencies, public authorities which provide inviolability of frontier and protection of the sovereign rights of Ukraine in its exclusive (sea) economic zone, in realization of the powers by them.
2. Other tasks can be assigned to municipal a fire only by the law.

At once the very first task is evident, her treatment raises questions more precisely. I do not know whether authors of the bill so conceived, or just incorrectly designed norm, but a phrase - «Ensuring protection of public order in the territory of jurisdiction of the relevant local council, in interaction with law-enforcement bodies;» in terms of literal interpretation of the right it can be understood including so that the created service will not have an opportunity to carry out tasks of ensuring protection of public order independently, and will play only a supporting role in activity of state police.
Also point «rendering separate types of the legal and public assistance to citizens causes a number of questions...», and if with legal aid everything is clear, then rendering the public assistance can hardly be referred to police tasks.
Tasks at numbers 7 and 8 will demand from the employees who are carrying out them, very serious vocational training, and from local authorities - serious costs of acquisition of the difficult and expensive equipment. The similar functionality is in municipal (local) police services of a number of the countries (for example, in Latvia), but it generally belongs to the countries where rescue services are a component of local police.
Other tasks belong to «standard» for local police services.

Main forces
Considering possible interpretation of the main objective to which I paid attention earlier, it is difficult to assume what it will be forces as they will be involved and that will be used for execution of the duties. In the explanatory note to the bill this moment is also not explained.
Proceeding from contents of the bill, in particular Article 10, it is possible to assume that nevertheless patrol divisions will become the main forces. Besides them, considering the maintenance of Parts 3, 5 and 6 of Article 14 and Part 2 of Article 15 of the bill, as a part of municipal guards there will be control rooms and divisions on performance of the administrative legislation. Also, proceeding from the maintenance of Part 1 of Article 18 of the bill, as a part of municipal guards there can also be both certain employees, and divisions (depending on number) who will serve on ensuring public order with guard dogs, or as a part of horse patrols.

Right situation and powers
If to proceed from contents of articles from 15 on 19 bills, then regarding powers employees of municipal guards a little than concede to the staff of national police of Ukraine.
If that is short, employees of municipal guards have the right:

(literal translation, is executed with use of PROMT Online service)
1. Employees of municipal guards for performance of the tasks set for them the present Law have the right:
1) to demand from citizens and public officials of execution of decisions of the relevant council which made the decision on creation of municipal guards and which ensuring realization it is assigned to municipal guards;
2) to check at citizens and public officials the documents proving their identity in cases when there are sufficient bases for their suspicion of crime execution or an administrative offense or from other bases provided by the law;
3) to call citizens, official and officials on cases of administrative offenses which consideration is referred to powers of municipal guards, and in connection with the materials which are in its production;
4) to carry out administrative detention and to deliver to the room of municipal guards of the persons who made an administrative offense for establishment of their personality and drawing up the protocol if it cannot be made on the place of commission of offense, or for the subsequent transfer of internal affairs of Ukraine to their territorial authorities;
5) to detain for urgent delivery in territorial authorities of internal affairs of Ukraine persons, crime suspects;
6) to carry out according to the law examination of the detained persons, the things which are at them and to withdraw the objects and things forbidden or limited in a turn and also documents with signs of a fake and the documents and objects able to be physical evidences or are used to the detriment of their health;
7) to carry out information processing with limited access in the volume, structure and an order, following from the tasks assigned to municipal guards by it and other laws;
8) to report for the purpose of preventive influence to public authorities, local government bodies, public associations, labor collectives and the public in the place of residence of the person about the fact of commission of an administrative offense by it;
9) to bring to the appropriate authorities of the government, local government bodies, public associations, the enterprises, institutions, the organizations located in the territory of jurisdiction of the relevant council ideas of need of elimination of the reasons and conditions, obligatory to consideration, promoting commission of offenses;
10) to limit or forbid temporarily at accidents, other force majeure, life-endangering and to human health, traffic and pedestrians on certain sections of streets and automobile ways;
11) to participate together with employees of law-enforcement bodies of Ukraine, the authorized representative of the legal entity, the physical person businessman or his representative in survey of the room where are weapon, special individual protection equipment and active defense, ammunition, explosives and materials, other objects, materials and substances concerning which storage and uses are established special rules the authorization system of law-enforcement bodies of Ukraine, for the purpose of check of observance of rules of treatment of them and their use extends;
12) to participate together with employees of law-enforcement bodies of Ukraine in the review of weapon, special individual protection equipment and active defense, the ammunition which is at citizens, other objects, materials and substances concerning which storage and uses are established special rules the authorization system of law-enforcement bodies of Ukraine and also the place of their storage extends;
13) in urgent cases it is gratuitous to use the means of communication belonging to the enterprises, institutions and the organizations located in the territory of jurisdiction of the relevant council, and the means of communication belonging to citizens - in their consent;
14) to use gratuitously local mass media for assistance to citizens, the enterprises, institutions and organizations in connection with performance by municipal guards of the tasks assigned to it;
15) to demand from citizens of observance of law and order, the termination of administrative offenses and crimes, observance of the mode of frontier, including in the territories adjoining on frontier where a borderland it is not defined;
16) to store, carry and apply special means;
17) to carry out film, a photo - and a sound - fixing as supportive application of prevention of illegal acts, or fixations of an event for obtaining proofs and disclosure of crimes;
2. The public officials of municipal guards authorized on that have the right to make protocols on administrative offenses and to consider administrative cases according to the law.

The volume of powers is quite sufficient for full-fledged local police service. Though, in my opinion, some points here obviously superfluous. I speak about the powers specified in Paragraphs 11.12 and 15: in my opinion, it has to be exclusive competence of the relevant government services, and local government bodies which also the municipal guards are among should not interfere with these processes. But I will repeat - it is my personal opinion.
For execution of the duties, protection of citizens and employees (if there is an obvious threat of their life and to health) and also suppression of resistance, employees of municipal guards can use physical force, the adopted weapon of limited defeat (traumatic), and special means, such as: rubber sticks, handcuffs, stun guns, tear gas.
At the same time the concrete order of use of weapons and special means for some reason in the bill is absent, and Part 2 of Article 18 sends to the fact that such order is established by the government of Ukraine. This moment can be carried to the main defect of the bill. If to consider similar regulations of other countries, then a question of application by police officers (not important, state or local) physical force, weapon and special means has to be accurately and it is unambiguously regulated by the main regulating document - the law on this police service, but not to refer to various bylaws. Such blurring of formulations can lead to too heavy consequences.

Conclusion
on today's in a number of the large cities of Ukraine as a part of local government bodies services with the name «Муніципальна варта» work, they have the status of municipal institutions. During their creation local authorities are guided by the laws «About Local Self-government» and «About Participation of Citizens in Protection of Public Order and Frontier». According to these regulations, local government bodies have a right to create as a part of local administration and at the expense of the local budget law-enforcement formations. The license for such activity which is registered according to documents as «security» is issued by the Ministry of Internal Affairs. Each it «Municipal establishment» with police functions acts under own charter, and on powers represents a certain hybrid of the private security guard and local government officer.
Considering so shaky legal status of these organizations, it is difficult to call their activity effective. Many cases when citizens and legal entities challenged actions of municipal guards are already recorded, and, often, courts and prosecutor's office of Ukraine recognized their actions as illegal.
Proceeding from the above, it is possible to draw a conclusion that need for the state statutory act defining the status of local police services and regulating their problems, powers and other issues of activity ripened long ago. The bill «About Municipal Guards» which we considered in this article demands serious completion. Perhaps, it also is one of the reasons of its response.
But the main, in my opinion, question which the authorities of Ukraine, this have to answer in what look they want to create local police service and what efficiency from its activity they at the same time expect. If they need full-fledged, effective local law-enforcement service which will add and will strengthen possibilities of national police (where they are not enough), then the template offered in the considered bill for this purpose does not approach. The similar format is applied in services of municipal police of Estonia, Greece and Serbia and special efficiency it did not show. Perhaps, the Ukrainian legislators should consider experience of the Czech Republic or Latvia in the matter.
In addition to told I want to add that the bill considered in this article is not the only thing. In July, 2014 one more bill «About Municipal Police», rather interesting document which I suggest to consider in more detail in the following article was introduced in the Verkhovna Rada (parliament) of Ukraine.

it is published on October 04, 2019


ATTENTION
the text is translated by means of technical means of the translation
original language of the text – Russian
some words and phrases can be translated not correctly and not correspond to original sense





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