Legal protection of tax officers and their families
The problem of legal protection of tax militia. Types of special measures to ensure safety. Actions tax militiamen and their families in dangerous situations in everyday life. Protection of life, health, honor, dignity of the workers state tax service.
|Рубрика||Безопасность жизнедеятельности и охрана труда|
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1. Legal protection of the tax police and their families
2. DPS and protect tax militiamen and their families
Inside activities of tax militia inextricably linked to professional risk. This is confirmed as the activities of Internal Affairs of Ukraine in general and the tax police in particular.
The importance and relevance to address the problem of legal protection of tax militia due to several circumstances: first, in terms of rule of law is more acute issue of legal protection not only of all segments of the population, but also specific categories, including tax militiamen (For the first time all, they are citizens of the state), and secondly, the release of the state to a new level of international relations and a willingness to join the European institutions, and thirdly, the intensity of information, computer and telecommunications industries in this century and the timely implementation and use of these technologies in training, retraining and upgrading the skills of the tax police, fourth, deserve special attention the problem of ensuring the personal safety of law enforcement personnel, including tax police and their families. They perform an important function of the state fiscal to ensure the financial welfare.
Rights security personnel developed quite extensively and can provide reliable legal protection of life, health, property and interests of the tax police and his family, if these legal norms legal governed competently and proficiently.
Legal protection of tax officers and their families is impossible without legal framework, regulations of organic nizatsiyno-prevention measures and facilities, programs, plans, orders and other administrative decisions.
Measures to ensure legal protection of tax service are based on the Constitution and laws of Ukraine, in particular, such as the Law "On the State Tax Service", "On Police", "On Operational Activities", "On State Protection of court staff and law enforcement "" On safety of persons involved in criminal proceedings, "" On pensions military officers and other ranks of the Interior, "" On the Internal Troops, "" state of emergency "," The organizational and legal framework to combat Organized Crime, "" On Civil Service "and a number of other regulations.
tax militia dangerous protection
1. Legal protect tax militiamen and their families
As noted above, the legal regulation of security personnel developed quite extensively and can provide reliable legal protection of life, health, property and interests of the tax police and his family, if these legal norms legal governed competently and proficiently.
According to Art. 4 Constitution of Ukraine, the State, through appropriate agencies providing law enforcement, public interests, rights and freedoms, including, of course, and the tax police, because they are the carriers of all the rights and freedoms of the citizens of Ukraine.
Law of Ukraine "On Operational Activities" (Part Of Article 12) provides that when there is information about a threat to life, health or property of the employee and his close relatives in connection with its operational activities in the interests of Ukraine's security or disclosure of a serious crime or detection of an organized criminal group operating unit must take special measures to ensure their safety, which is a change of personal data, change of residence, work, study and other data in the order determined by the Cabinet of Ministers of Ukraine.
Special measures to remedy the conditions and procedure for applying the relevant officials of the Law of Ukraine "On State Protection of court staff and law enforcement" on December 23, 1993 This law applies to all law enforcement agencies, i.e. those that carry Operational activities for those who conduct criminal investigations, carry out proceedings on administrative offenses, public order and public safety, participating in execution, as well as their close relatives.
Dg. 5 said Law provides for the following types of special measures to ensure safety:
a) personal protection, public housing and property;
b) the issuance of weapons, personal protection and notification of danger;
c) establishing phone home;
d) use of technical means of verification and monitoring of telephone and other conversations, visual observation;
d) temporary accommodation in places that guarantee safety;
g) transfer to another job, referral to training, replacement documents, the change appearance, relocating residence.
Persons who make decisions about the use of special security measures for state tax authorities and their close relatives, are leaders of the Interior (Article 14 of the Law). The exercising security measures relies on special forces in the structure of internal affairs (p. 15).
Mentioned Law establishes liability for failure to take security measures (Article 21), as well as the disclosure of security measures (Article 22). Dg. 21 provides that rejection decisions unnatural-acceptance or time not making enough sound decisions, failure to take appropriate security measures, court staff and law enforcement officials and their close relatives the relevant officials of the bodies referred to in Articles 14, 15 of this Law shall entail disciplinary or criminal liability under applicable law.
Dg. 22 provides for liability for disclosure of information on safety measures, namely:
1) the disclosure of information about the security measures people who have decided to use appropriate security measures, either directly carried out by entail disciplinary action, and in cases where disclosure of such information leading to serious consequences - criminal accordance with applicable law;
2) disclosure of such information a person taken under protection entails administrative liability in cases where disclosure of information on safety measures caused grave consequences - criminal liability provided by current legislation.
But in the Code of Ukraine on Administrative Offences (CAO) or the Criminal Code (CC) Ukraine No articles envisaging responsibility for such actions.
There are two ways to resolve this gap:
Firstly, the addition of the CAO, CK special rules on liability for disclosure of security measures;
Secondly, placing information on safety measures to state secrets (Article 6 of the Law of Ukraine "On State Secrets") to liability for disclosure of advancing for centuries. 67 of the Criminal Code of Ukraine.
A special form of protection of the tax police, which is within the tax service is, as a last resort, its right to use firearms to repel the armed attack against the employee personally or his family members or other attack if their life or health threatening danger (st.151 Law of Ukraine "On Police", it applies to the tax service).
Legal protection of tax militia provided as art. 21 of the Law of Ukraine "On the Police". According to this rule the tax police under the protection of the law.
Law guaranteed the protection of life, health, honor, dignity, property tax militiamen and their families from criminal attacks and other illegal activities.
Insulting the tax police, resistance, threats, violence, and other actions that prevent fulfillment of the tax police task entails law. Legal protection under Art. 21 of the Law "On Police" applies to the tax police retirees, their families, if the offense is committed in connection with their activities prior.
Dg. 185 of the Administrative Code of Ukraine provides for liability for willful disobedience to lawful order or requirement of the tax police in the performance of his official duties or his image.
Dg. 185 of the Administrative Code of Ukraine stipulates by public calls to non-compliance with the tax police in connection with the performance of his official duties or dissemination of false information in order to provoke disobedience to lawful demand from the tax police.
A number of articles of the Criminal Code of Ukraine stipulates responsibility for illegal actions against the police state tax service in the following cases:
- By capturing a law enforcement officer as a hostage;
- The organization and actively participate in group activities that violate public order or relating to explicit disobedience to lawful demands of the authorities (in accordance with Art. 20 of the Law "On Police" Worker Tax Service is a representative of the state executive body);
- The resistance of the employees of the State Tax Service as employee law enforcement officer in the performance of their duties to protect public order;
- The threat of murder, violence or destruction of property in relation to an employee of the state tax service as a law enforcement officer, as well as his close relatives in connection with the performance of his duties;
- The intervention activities of the State Tax Service as a law enforcement officer;
- For bodily injury an employee of the state tax service as a law enforcement officer or his close relatives in connection with the performance of his duties;
- The intentional destruction of or damage to property belonging to an employee of the state tax service as a law enforcement officer and his close relatives in connection with the performance of his duties;
- By threat or violence against an official (including the State Tax Service) to stop the service activity or changes its nature in the interests of the person threatened.
Protection of life, health, honor and dignity of the worker's state tax service provided by other provisions of the Criminal Code of Ukraine. For example, responsibility for organizing mass without orders, accompanied by resistance to authorities (Employee Tax) with weapons or other items that were used as weapons (p. 294).
The practice of the articles of the Criminal Code indicates weakened criminal defense law enforcement officials. As the practice concerning police, only 33% of those convicted of causing bodily harm to victims deprived of their liberty, and 17% of cases the fact of injury caused to employees in 2000, was discontinued.
Dg. 345 of the Criminal Code provides for liability for bodily injury only by the beating, but the injuries can be caused in another way. Therefore, for a full criminal remedies in law enforcement century. 345 of the Criminal Code should not limit liability for bodily injury only beatings. This article does not include responsibility for the crime recidivist, and responsibility for causing grievous bodily harm causing death of the victim.
In a number of articles of the Criminal Code of Ukraine envisages responsibility for criminal acts against law enforcement officers and their close relatives. However, opposition legal activities law enforcement officer can be promoted not only through the implementation described in the re-action articles about his relatives and other people, life, health and property are not indifferent law enforcement officers and criminal actions against them can cause psychological pressure to cause moral and physical harm to his health (eg. threat to murder the bride). So it would be correct to replace in the relevant articles of the Criminal Code, the words "close relatives" in the word "persons close to him."
2. dps and protecting tax militiamen and their families
Key measures to ensure legal protection tax service should be implemented in a planned way in advance, but must include appropriate measures, ways of acting and reacting in a particular emergency situation that may arise in connection with an employee of his duties.
With this purpose in schools in primary training, retraining and qualification Tax Service has taught relevant subjects. The purpose of the course is armed employees of the State Tax Service of the theoretical and practical skills necessary to:
- Legal guarantees for employees performing official tasks of the state tax service and friendly living conditions;
- Forecasting and make informed decisions to protect personnel from possible consequences of criminal acts, accidents, natural disasters, as well as actions for eliminating these effects;
- Design, development and implementation of the tax authorities of new tactical, technical, energy efficient models of equipment, processes up to modern standards of personal safety, the environment and safety of operation;
- Development of regulations and conduct of such measures to guarantee the implementation of remedies to combat crime, which would exclude or minimize the risk of personnel of the state tax service;
- A system of prevention of conditions and causes that contribute to the emergence of a threat to the health of workers and the public service tax.
Certainly, the above directions legal personal safety is possible if they will perform professionally trained employees of the state tax service who understand the importance measures and know how to use them.
The state tax service everyday tasks are usually individual workers who in matters of legal protection should operate automatically or semi-automatically by pattern. Correction on the observance of legal and sale of personal safety should be in all official actions of the employee. First of all, should be excluded situation where an employee whose actions creates a favorable situation for the emergence of threats to his life, health and interests.
Thus, to improve the legal protection of employees of the state tax service should be provided:
- Development of principles, objectives, content, forms and methods of prevention, minimization, compensation and correction of possible physical, mental and social variation in the tax service;
- The study of adverse factors and danger in the work of tax service, identifying opportunities society and the state, certain institutions to minimize them, compensation and correction of their impact on personal development of the employee;
- Development of measures and recommendations for prevention transformation victim personalities victim is favorable living conditions;
- Aid workers Tax on self-correction and self-awareness in terms of personal safety.
- Development of guidelines, algorithms conduct of tax service in adverse situations, particularly when arresting armed criminals, hostage, actions in unknown, uncertain situations where a possible threat to his personal life;
- Systematic inspection readiness personnel the tax service to perform duties in a high-risk life and in extreme situations;
- The organization of primary and service training at the place of service, improve professional skills, and special physical training personnel tax service, increase workshops, training, exercises practicing actions provided personal security measures;
- Enforcement Action Agenda participants conducting classes, trainings, especially when using weapons, simulation tools, special tools tear, light noise and destructive actions;
- The ability to use the device radiation, chemical detection, radiation monitoring, respiratory protection and skin cells chemical contamination;
- Consolidation of permanent and temporary employees carrying weapons Tax Police, the ability to possess her knowledge and legal basis for its use;
- Checking that traffic discipline the tax service, prevention of road accidents involving personnel;
- Use of funds for compulsory insurance of the tax service;
- Analysis and appropriate action regarding criminal intentions relative to the tax service, their families, and the use of available information in order to prevent such offenses;
- Carrying out complex search operations for disclosing crimes regarding the tax service to expose and arrest the perpetrators of such crimes;
- Providing personnel with modern special tax police protection, arms, ammunition, equipment;
- Providing quality recruitment in the state tax service, identifying people psychologically unstable in stressful situations with inadequate adaptive capacity to situations associated with increased risk;
- Mandatory professional psychophysiological selection of personnel for service, annual surveys of psychiatric diagnosis employees must use operational police units;
- Measures to ensure social protection for families of workers killed Tax Service in accordance with applicable law, employee benefit tax service that injured, ill or injured while performing their duties.
To increase the level of legal protection may be the use of visual propaganda (eg posters on various aspects of legal protection, etc.). They are quite widely used in the practice of security personnel, such as during exercise in shooting of flammable or combustible weapons, learning the rules of safety, medical care, techniques and methods of protection from criminal attacks. On the one hand, of course the posters focuses on nodal aspects of a problem of legal regulation of private security personnel and the quality of their design conditions, taking into account patterns of visual aids, thoughtful mechanism uses constant renewal of content they can become active means reducing illegal and Dangerous personnel actions. On the other hand, in violation of the above conditions and other visual outdated and primitive tools may have the effect: causing irritation, and at best - they just do not notice. Clearly, visual propaganda cannot replace a comprehensive program of legal protection. It should be used together with other drugs reduce hazardous conditions and actions and develop-considered as part of the overall program.
Development and implementation of the most advanced legal protection measures will not achieve goals without forming leadership a sense of responsibility for the life and health of employees. Practically, this sense of responsibility occurs when executives personally dealing with security, to discuss these issues at meetings and staff meetings, conduct briefings on security ion plan their activities in tax service and supervise their implementation, and participate in programs of training and retraining of personnel Tax on legal regulation of safety, give a personal example in Skills relevant behavior.
In conclusion, we note that the statutory conditions governing the professional employees of the state tax service is a complex, multi-stage process that is implemented at the state level, tax authorities, each employee.
Security level of the individual and its dependence on factors: historical past of the people, the mentality, the level of economic development, the level of knowledge and human welfare, psychology of human behavior in emergency and stressful situations. Place personal security professional official activities of the tax police. The value of the security in the profession of tax police. Statistical data abuse of workers DPS Ukraine. In conclusion, we note that the statutory conditions governing the professional employees of the state tax service is a complex, multi-stage process that is implemented at the state level, tax authorities, each employee.
Mandatory elements of this process is to analyze the external environment (identify strategic trends of its development potential hazards) and adaptation to it by means of the developed measures, including those that have been discussed above. This is a permanent process that accompanies each of the next stage of development of society and therefore the state tax service, because they are an integral part.
When an act becomes a habit to operate safely and automatically acquires the properties of execution, we can assume that in the learning process and achieve certain results. The more legitimate and therefore adapted actions can be done automatically, the more time employees is to assess the situation, making the right decisions, which in turn can keep it health or even life.
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