Revista
de la
Universidad
del Zulia
Fundada en 1947
por el Dr. Jesús Enrique Lossada
DEPÓSITO LEGAL ZU2020000153
Esta publicación científica en formato digital
es continuidad de la revista impresa
ISSN 0041-8811
E-ISSN 2665-0428
Ciencias
Sociales
y Arte
Año 13 N° 38
Septiembre - Diciembre 2022
Tercera Época
Maracaibo-Venezuela
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Preventive activities of the National Police of Ukraine regarding
violations of rights and freedoms of internally displaced persons
Ivan Ishchenko
*
Kateryna Shvets
**
Liudmyla Kupina
***
Mykhailo Kulyk****
Olha Bezpalova
*****
ABSTRACT
The purpose of the investigation is to make a theoretical generalization in terms of revealing
the essence of the preventive activities of the National Police aimed at the exclusion of
violations of the rights and freedoms of internally displaced persons. Main content. It should
be noted that today Ukraine has been faced with an unknown problem - the need to solve
problems related to forced migrants, which requires the development of effective
mechanisms for the realization of the right to social protection of this category of the
population, as part of the activities of the National Police. Methodology: The dialectical
method of scientific knowledge is the methodological basis of the investigation. Conclusions.
It has been established that the protection of the rights and freedoms of internally displaced
persons within the activities of the preventive police forces is carried out by observing the
following norms: the principle of supremacy of the law; preventive police forces guarantee
the protection of the rights and freedoms of internally displaced persons regardless of their
political beliefs and party affiliation.
KEY WORDS: Human Rights, human freedom, protection, security, police, preventive
function.
* Candidate of science of law, head of the Main Directorate of the National Police in Vinnytsia Region.
Ukraine. ORCID: https://orcid.org/0000-0003-0873-5207. E-mail: Ishchenko_Ivan@ukr.net
** Docent, Vice-Rector, Professor of the Department of Administrative, Interregional Academy of Personnel
Management, Ukraine. ORCID: https://orcid.org/0000-0002-0318-5237. E-mail:
Katerynachornackp@gmail.com
*** Professor of the Department of Law and Branch Legal Disciplines of the Social Law Faculty, National
Pedagogical Drahomanov University, Kyiv, Ukraine. ORCID: https://orcid.org/0000-0002-5091-8333. E-mail:
liudmila.kupina@gmail.com
**** Prosecutor of the Desnyansk district prosecutor’s office of the city of Kiev, Ukraine. ORCID:
https://orcid.org/0000-0003-3093-8895. E-mail: prok_mk@ukr.net
***** Professor, Honored Science and Technology Figure of Ukraine, head of the department of Police
Activity and Public Administration of the Faculty No. 3, Kharkiv National University of Internal Affairs.
Ukraine. ORCID: http://orcid.org/0000-0003-2886-695X. E-mail: besolgigo@gmail.com
Recibido: 15/06/2022 Aceptado: 29/07/2022
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Actividades preventivas de la Policía Nacional de Ucrania con
respecto a violaciones de derechos y libertades de los desplazados
internos
RESUMEN
El propósito de la investigación consiste en realizar una generalización teórica en cuanto a
develar la esencia de las actividades preventivas de la Policía Nacional dirigidas a la exclusión
de violaciones a los derechos y libertades de los desplazados internos. Contenido principal.
Cabe señalar que hoy Ucrania se ha enfrentado a un problema desconocido: la necesidad de
resolver los problemas relacionados con los migrantes forzosos, lo que requiere el desarrollo
de mecanismos efectivos para la realización del derecho a la protección social de esta
categoría de población, como parte de las actividades de la Policía Nacional. Metodología: El
método dialéctico del conocimiento científico es la base metodológica de la investigación.
Conclusiones. Se ha establecido que la protección de los derechos y libertades de los
desplazados internos dentro de las actividades de las fuerzas policiales preventivas se realiza
mediante la observación de las siguientes normas: el principio de supremacía de la ley; las
fuerzas policiales preventivas garantizan la protección de los derechos y libertades de los
desplazados internos independientemente de sus creencias políticas y afiliación partidaria.
PALABRAS CLAVE: Derechos Humanos, libertad humana, protección, seguridad, policía,
función preventiva.
Introduction
On the path of Ukraine's integration into the European community, one of its priority
tasks is to ensure realization of the rights and freedoms of persons and a citizens defined by
the Fundamental Law of Ukraine. Improving domestic legislation on social protection and
bringing it into line with international legal standards of human rights is one of the most
important tasks of our democratic legal state.
The social and economic situation in Ukraine, the status of ensuring human rights in
the social sphere, and the development of legal regulation of social policy during the years of
independence were interpreted mainly as political categories adopted mostly for quick
response to direct threats in the social sphere, and not for overcoming systemic disparities
formed in the state and society. In addition to that, today our state has faced an unknown
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problem - the need to resolve issues related to forced migrants which were not relevant
before.
The armed conflict started on 24 February, 2022 by the Russian Federation on the
territory of Ukraine and the annexation of Crimea led to the fact that many people left their
homes and moved to safer regions of the country. The negative character of the mass
phenomenon of internal migration processes is connected with the fact that when leaving
the specified territories citizens lose their housing, work, property, financial resources, and
documents. Under these conditions, it is important to support the state, which is expressed
in various forms, including assistance and social security.
The number of internally displaced persons has now increased significantly. As of
December 2020, according to the United Information Database on internally displaced
persons, about 8 million migrants were registered. That is why it is essentially important to
create effective laws as well as to form mechanisms for their implementation, since internally
displaced persons need proper assistance, in particular, in form of activities performed by the
National Police of Ukraine.
Of course, financial resources are needed for social protection of this category of
citizens of Ukraine. But the economic situation in Ukraine does not contribute to the
improvement of social security of persons who have moved to permanent residence from the
territory occupied by the Russian Federation. The situation is also complicated by the need
to allocate additional funds to fight the pandemic caused by the COVID-19 (Oliinyk ect,
2021).
The above indicates the need for timely development of scientific approaches to
solving the problem, i.e. transferring the issues we have identified to the plane of science for
the purpose of analyzing their essence and features; and this also points to the urgent need
to research issues of preventive activities of the National Police aimed at excluding violations
of rights and freedoms of internally displaced persons.
The purpose of the research is to carry out a theoretical generalization and perform a
complex scientific and applied task as to revealing the essence of the preventive activities of
the National Police aimed at excluding violations of rights and freedoms of internally
displaced persons.
1. Literature review
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Y. Artiukh defined the concept of social security of forced migrants, characterized its
features and forms and analyzed positive foreign experience of legal regulation of social
security of forced migrants (Artiukh, 2017). І. Basova described legal status of an internally
displaced person as a subject of the social security right, and also considered international
standards of social protection of internally displaced persons for compliance with the acts of
national legislation of Ukraine in this sphere (Basova, 2019). T. Semyhina analyzed the
experience of social work with temporarily displaced persons and provided suggestions on
the forms of such work (Semyhina, 2015). O. Iliashko highlighted the range of social rights of
temporarily displaced persons and analyzed the practice of realization of such rights
(Iliashko, 2019).
Researcher O.V. Negodchenko believes that the mechanism of ensuring (enforcement
of) human rights and freedoms in activities of the NPU includes the following elements: legal
norms and legal acts as forms of their presentation; individual legal documents; legal facts;
legal relations; subjective rights and legal obligations; forms and methods used to organize
exercising of subjective rights and legal obligations (Nehodchenko, 2003).
According to S.D. Gusariev, the phenomenon of the legal status of an individual
determines relationship between this individual and the law used by the state to outline
limits of possible activities for the subject, his/her position in relation to other subjects and,
taking into account individual or typical characteristics of the subject the law reflects the
full legal position of this individual, his/her certain unification or limitation (Husariev, 2005).
The concept of “mechanism of protection of human rights” and the concept of
“mechanism of legal regulation” partially coincide. The latter covers legal norms - official
rules with the model of human behavior; legal facts ensuring the validity of the rule of law;
legal relations - specific models of behavior for subjects based on norms and legal facts; acts
of realization of subjective rights and legal obligations in the form of observance, execution
and use of the right; acts of application of legal norms; elements of legal awareness and legal
culture (Nehodchenko, 2003).
2. Materials and methods
The research is based on works by foreign and Ukrainian researchers concerning
revealing the essence of preventive activity of the National Police aimed at excluding
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violations of rights and freedoms of internally displaced persons.
The role of the National Police of Ukraine in the system of ensuring rights of internally
displaced persons was clarified with the help of the epistemological (gnoseological) method;
the conceptual apparatus was deepened thanks to the logical-semantic method, and the
essence of the concepts “protection” and “defense” was defined. Constituent elements of such
a mechanism for protecting rights and freedoms of internally displaced persons within
activities of the National Police were investigated by using a system-based structural
method. Structural-logical method was used to define the main directions for optimized
protection of rights and freedoms of internally displaced persons in activities of the National
Police of Ukraine.
3. Results and discussion
Effectiveness of the principle of the rule of law established by Art.8 of the Constitution
of Ukraine (Law of Ukraine, 1996) is conditioned by legal laws, the exercise of the state
power on the basis of its division into legislative, executive and judicial ones, as well as by
the equality of legal entities before the law and the court, the responsibility of the state to a
person, and not only that of a person to the state, recognition of personality, his/her life and
health, honor and dignity, inviolability and security. In the context of implementing the
conceptual idea of the rule of law and international standards of human rights in Ukraine,
actualized is the problem of filling with real content the rights and freedoms of a person and
citizen established by the Constitution of Ukraine, giving them a real declarative status.
Since the “reality of rights and freedoms of citizens” (its essence) is highlighted with the help
of a system of interconnected material and procedural aspects of the mechanism of providing
this reality (implementation, protection, defense).
Also actualized is the problem of determining the role of the state, its bodies, in
particular the National Police of Ukraine (hereinafter referred to as the NPU), in the
provision of human rights and freedoms, as well as the limits of their interference and
responsibility. The NPU, which is the central body of executive power that serves society by
means of ensuring protection of human rights and freedoms, counteracting crime,
maintaining public safety and order (Law of Ukraine, 2015) is the closest to the population
in terms of their competences. Activities of NPU representatives are subject to the
requirement of legality which is within the limits of the rule of law and consists in preventing
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arbitrariness in relation to a person. According to the type of legal regulation, the NPU
should adhere to the principle of prohibition: “anything not directly permitted by the law is
prohibited.” Therefore, procedures (processes) of implementing prescriptions of legal norms
concerning protection and defense of human rights and freedoms are significant, which
requires clarifying the specifics of professional activities of each unit in these processes.
The NPU faces important tasks in the context of Ukraine’s orientation towards
joining the European Union, the leading one of these tasks consists in strengthening the
authority of its employees among the population, transforming them into real servants of
people, ready to provide timely assistance and guarantee protection of rights and freedoms
to citizens of Ukraine.
Nowadays, every person increasingly understands that the essence of his/her rights
and freedoms consists not so much in their declarative proclamation but faster in ensuring
their implementation as well as in material, legal and other guarantees provided by the state
and its bodies for their consistent and comprehensive implementation. Special law
enforcement means play an important role among these guarantees. Along with other legal
institutions and law enforcement agencies the NPU belongs to the general system of
guaranteeing rights and freedoms of individuals by the Ukrainian state. Effectiveness of
activities in this direction is conditioned through broad powers provided by the
Constitution of Ukraine (Law of Ukraine,1996), the Law of Ukraine “On the National Police”
(Law of Ukraine, 2015) and other legislative acts in order to ensure legality and observance
of human rights and freedoms by means of initiative (proactiveness), authority among the
country’ s population as well as by means of accessibility.
The essence of social protection of forced migrants can be described as activity of the
state carried out in the following directions:
1. Solving issues related to providing places of residence for forced migrants.
2. Provision of medical assistance to forced migrants.
3. Social support for children of forced migrants in matters of education and science.
4. Providing forced migrants with a full range of social and administrative services by
state bodies in accordance with the procedure established by law regarding any issues that
concern their rights and interests.
5. Facilitating return of forced migrants to their place of residence according to the
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respective state registration.
6. Provision of social benefits and social assistance (Novikova, 2018).
Analysis of legislation on internally displaced persons, as well as scientific literature
on this issue gave an opportunity to formulate the definition of social protection of an
internally displaced person in Ukraine as a system of organizational, legal, economic, and
financial measures aimed at protecting the specified person from negative consequences of
armed conflicts, temporary occupation, manifestations of violence, violations of human
rights and emergency situations of a natural or man-made nature (Leheza ect., 2020).
The legislation of Ukraine defines an internally displaced person as a citizen of
Ukraine, a foreigner or a stateless person who is in the territory of Ukraine on legal grounds
and has the right to permanent residence in Ukraine but who was forced to leave his or her
place of residence as a result of (or in order to avoid negative consequences of) an armed
conflict, temporary occupation, widespread violence, violations of human rights, and natural
or man-made emergencies (Novikova, 2018).
Article 14 of the Law of Ukraine “On the Protection of the Rights and Freedoms of
Internally Displaced Persons” dated 20 October, 2014 No. 1706-VII stipulates that internally
displaced persons shall enjoy the same rights and freedoms in accordance with the
Constitution of Ukraine, laws and international treaties of Ukraine as others citizens of
Ukraine permanently residing in Ukraine (the Law of Ukraine, 2014).
The special status of an internally displaced person cannot replace any of the legal
statuses of a person enshrined in the Constitution of Ukraine and it is not a separate
constitutional and legal status of a person. Prohibited is discrimination of such persons
during their exercise of any rights and freedoms based on the fact that they are internally
displaced persons. However, for an internally displaced person as a special subject of the
right to social security, the current legislation of Ukraine provides for a specific exercising
his/her right to pension provision, social protection, in case of unemployment. So, in
particular, I.S. Basova defined an internally displaced person-pensioner as an internally
displaced person who has the status of a pensioner acquired in accordance with the norms
of the Pension Legislation of Ukraine, and realizes the right to a pension by going through
additional procedures to confirm pension eligibility and legal capacity both at the time of
the pension award and during pension payments (Basova, 2019). We fully agree with I.S.
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Basova that the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally
Displaced Persons” requires a separate right of internally displaced persons to restore
documents as an integral part of exercising their rights in the sphere of social protection
(Basova, 2019).
Gaining the status of an internally displaced person has a direct impact on realization
of the right to pension provision by a person who has moved from the temporarily occupied
territories of Donetsk or Luhansk regions or the Autonomous Republic of Crimea. For
registered internally displaced persons, realization of their right to pension provision,
mandatory state social insurance in case of unemployment in connection with temporary
loss of working capacity in the result of an accident at work and occupational disease that
caused the loss of working capacity, as well as to receiving social services shall be performed
in accordance with the legislation of Ukraine (Leheza ect, 2021).
Ensuring human rights within activities of preventive police forces is carried out by
means of observing the following standards:
- In their work preventive police forces are guided by the law supremacy principle;
according to this principle a person, his/her rights and human freedoms (in particular rights
and freedoms of internally displaced persons) are recognized as the highest values and
determine content and direction of the state’s activities. The law supremacy principle is
applied taking into account the practice of the European Court of Human Rights;
- During fulfillment of their tasks, preventive police forces ensure observance of
human rights and freedoms (in particular, rights and freedoms of internally displaced
persons) guaranteed by the Constitution and laws of Ukraine, as well as by international
agreements of Ukraine recognized by the Verkhovna Rada of Ukraine to be obligatory and
promoting realization of such rights and freedoms;
- Preventive police forces ensure the protection of human rights and freedoms(in
particular rights and freedoms of internally displaced persons) regardless of political beliefs
and party affiliation;
- Restriction of human rights and freedoms is allowed only on the grounds and in the
manner determined by the Constitution and laws of Ukraine, in case of an urgent need and
to the extent necessary for performance of the respective police tasks;
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- Implementation of measures that limit human rights and freedoms (in particular
rights and freedoms of internally displaced persons) must be immediately terminated if the
purpose of such measures has been achieved or there is no need for their further application;
- Preventive police forces ensure constant informing of the state authorities and local
self-government bodies, as well as the public about their activities in the sphere of protection
of human rights and freedoms (in particular, rights and freedoms of internally displaced
persons) combating crime, ensuring public safety and order. Draft normative-legal acts
concerning human rights and freedoms (in particular rights and freedoms of internally
displaced persons) must be discussed in a public manner as defined by the Minister of
Internal Affairs of Ukraine (Leheza ect., 2021);
- When performing their activities preventive police forces must: respect everyone’s
right to life ; under no circumstances commit, incite or tolerate any form of torture or
inhuman or degrading treatment or punishment; perform their tasks fairly being guided, in
particular, by the principles of impartiality and non-discrimination; always remember the
fundamental rights of everyone such as freedom of thought, conscience, religion, expression
of views, peaceful meetings, movement and unimpeded use of one’s property; act honestly
and with respect for society and with special attention to the situation of persons belonging
to the most vulnerable groups; carry out orders lawfully adopted by their management, and
to refrain from carrying out orders which are manifestly illegal, and to report on such orders
without fear of punishment; use force only when absolutely necessary and only to the extent
necessary for achieving a legitimate goal; to oppose all forms of corruption within the police;
adhere to the principles that everyone accused of a criminal offense is presumed innocent
until proven guilty by a court of law, and that everyone accused of a criminal offense has
certain rights, including the right to be promptly informed of the charges against him/her and
to prepare his/her defense either personally or with the assistance of legal aid at his/her own
choice, etc.;
- Preventive police forces shall not be entitled to refuse to consider or postpone
consideration of applications concerning protection of human rights and freedoms (in
particular, rights and freedoms of internally displaced persons), legal entities, interests of the
society and the state from unlawful encroaching with reference to a day off, a holiday or a
non-working day or the end of a working day;
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- For protection of human rights and freedoms (in particular, rights and freedoms of
internally displaced persons), for prevention of threats to public safety and order or for
cessation of their violation preventive police forces shall also apply (within the limits of their
competence) police preventive measures and enforcement measures, defined by the Law of
Ukraine “On the National Police” (Leheza ect., 2018).
Conclusions
Therefore, effective preventive activity of the National Police of Ukraine in ensuring
the rights and freedoms of internally displaced persons depends to a certain extent on the
mechanism of proper legal regulation of this activity with the help of laws and other
normative legal acts.
Our analysis of certain issues of social protection of internally displaced persons in the
preventive activities of the police makes it possible to state that the status of social
protection of this category of Ukrainian citizens of Ukraine is currently in need of
improvement. Despite the fact that measures are being taken in the country to restore social
rights of internally displaced persons, preventive activities of the police forces need to be
improved. Decisions of courts in favor of migrants are in most cases not implemented. In
order to prevent discrimination of this category, it is necessary to strengthen responsibility
of officials concerning violations of constitutional rights of internally displaced persons; we
consider it necessary to bring the legislation of Ukraine on social protection of internally
displaced persons into compliance with the Constitution of Ukraine and international
standards.
The conducted research does not exhaust all problematic issues regarding social
protection of internally displaced persons in the preventive activities of the National Police
of Ukraine and further research is needed.
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