The Law of Ukraine
The Disciplinary Regulations for Bodies of Internal Affairs of Ukraine
Date of entry into force:
April 5, 2006
The Law approved the Disciplinary Regulations for Bodies of Internal Affairs of Ukraine (hereinafter referred to as the Regulations).
The Regulations identified the essence of service discipline, responsibilities of rank-and-file personnel and command staff of bodies of internal affairs of Ukraine with respect to adhering to service discipline, types of incentives and disciplinary penalties, the procedure and rules for superiors for applying penalties and providing incentives, as well as the procedure for appealing against disciplinary penalties.
According to the Regulations, service discipline shall be adherence by rank-and-file personnel and command staff to the Constitution of Ukraine and Ukrainian laws, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, orders and other regulatory and legislative documents of the Ministry of Internal Affairs of Ukraine, bodies and departments subordinated thereto, and to the Oath of officers of bodies of internal affairs of Ukraine.
According to Article 1 of the Regulations, service discipline in bodies of internal affairs shall be achieved by way of:
- creating the appropriate environment for doing service for rank-and-file personnel and command staff;
- acquiring a high level of professionalism;
- ensuring publicity and objectivity at the time of assessing the results of service performance;
- adhering to legality and regulatory order;
- expressing day-to-day exactingness to subordinates, regular care about them and revealing respect to their personal dignity on the part of their superiors;
- developing high moral and business qualities among rank-and-file personnel and command staff;
- ensuring social justice and a high level of social and legal protection;
- skillfully combining and appropriately applying measures of persuasion, compulsion, disciplinary and public influence;
- appropriately fulfilling terms and conditions of a contract for doing service.
According to Article 2 of the Regulations, disciplinary misdemeanor shall be the failure to adhere or improper adherence to service discipline on the part of an individual from rank-and-file personnel or command staff.
According to Article 4 of the Regulations, an order is a form for fulfilling job responsibilities of an individual from command staff. An order is used to identify the goal and the subject of a task, the deadline for its implementation, and a responsible individual who must fulfill this task. Orders can be given out orally and in writing. In the instance of obtaining an order from senior immediate superior, the relevant subordinate shall fulfill the relevant order and inform their immediate superior thereon. The right to cancel an order shall be given only to a superior who have given out the relevant order or to a senior immediate superior. Orders shall be lawful, comprehensible and fulfilled without demur, accurately and within the established deadline.
Responsibilities of individuals from rank-and-file personnel or command staff related to adhering to service discipline are identified in Section II of the Regulations.
Article 9 of the Regulations envisages the following types of incentives that can be applied to individuals from rank-and-file personnel or command staff of bodies of internal affairs of Ukraine:
- early removal of disciplinary penalty;
- announcement of gratitude;
- award of monetary remuneration;
- award of a valuable gift;
- award of a Charter of Honor of the Ministry of Internal Affairs of Ukraine;
- inclusion into the “Board of Honor”;
- award of distinctions of the Ministry of Internal Affairs of Ukraine;
- early conferment of the next special rank or title;
- conferment of a special rank or title that is one level higher than the rank or title envisaged by the occupied position;
- award of a distinction of the Ministry of Internal Affairs of Ukraine called “Firearms”.
Incentives shall be executed through an order. The contents of such an order shall be announced to the personnel of a body of internal affairs and shall be personally delivered to the individual from rank-and-file personnel or command staff who has been provided with incentives (Article 11 of the Regulations).
The following disciplinary penalties can be applied to individuals from rank-and-file personnel or command staff of bodies of internal affairs for violations of service discipline:
- oral reprimand;
- severe rebuke;
- warning on incomplete job responsibility;
- dismissal from the position;
- demotion in special rank or title by one level;
- dismissal from bodies of internal affairs.
The procedure for applying disciplinary penalties is determined by Articles 14 and 15 of the Regulations.
The Minister of Internal Affairs of Ukraine shall have the right to apply disciplinary penalties to all individuals from rank-and-file personnel or command staff. Other superiors shall have the right to apply disciplinary penalties within the powers provided by the Minister of Internal Affairs of Ukraine thereto. The right to apply disciplinary penalties shall be exercised only by immediate superiors.
Disciplinary penalty shall be applied within a period of one month from the date when the relevant superior was informed about the relevant misdemeanor. Disciplinary penalty cannot be applied if more than half a year has passed since the date of committing the relevant misdemeanor.
An individual from rank-and-file personnel or command staff shall have the right, orally or in writing, to consistently apply with a complaint related to the application of disciplinary penalty thereto to the senior immediate superior—up to the Minister of Internal Affairs of Ukraine or to a court. Disciplinary penalty can be appealed against within three months from the date when the individual who has been subjected to disciplinary penalty familiarized themselves with the relevant order.