The guarantees of legal protection of the tax police

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Content

Entry

Section 1. Guarantees legal protection of the tax police

1.1 Legal protection of tax militia

1.2 Disadvantages of legal protection of the tax police

1.3 Improving the legal protection of tax militia

Section 2.Social protection of tax militia

2.1 Social benefits, pensions and other social benefits

2.2 Determination of average earnings and the appointment, terms, payment of pensions to employees of the State Tax Service and the tax

Conclusion

List of references



Entry

Tax police under the protection of the law. Law guaranteed the protection of life, health, honor, dignity, and property of a police officer and his family members from criminal attacks and other illegal activities.

Insulting the tax police, resistance, threats, violence, and other actions that prevent fulfillment of the tasks of a police officer, pulled nut a statutory responsibility.

Offences regarding retiree police, members of his family, committed in connection with his previous professional activities, as well as on the person who helps the police in public order and combating crime, and her family members incur liability by at Kohn.

Tax police has the right to appeal the decision taken against him officials of the Interior, if it considers that HN affecting his dignity and individual rights that are not associated with the service activities.

When a police officer from the service in connection with the prosecution of a crime shall be permitted only after the entry into force of convictions. A policeman is a representative of the state executive body. Legitimate claims police are binding citizens and officers.

A policeman in the performance of their duties only law, acting within it and obeys her without Indirect and direct superiors. No one else, except the au weighted officials in cases prescribed by law shall not interfere with the activities of the police. Nobody has the right to put on the tax police duties not provided him the rank legislation.

Interference with the activities of the tax police entails responsibility for the law. In the performance of assigned duties police officer guided tiling the laws of Ukraine and acts within them. These are the Laws of Ukraine "On Police", "On Operational Activities", "On the organizational and legal framework to combat organized crime," "On remand," "state of emergency", "On traffic." "On the portions safety of persons involved in criminal proceedings" and others.

The actions of a police officer should be clear to citizens and base to challenge on legal norms. They are built on the principles of legality, rubber, respect for the individual, social justice, cooperation with labor groups, community organizations and the public. To use mend of their duties police officers rely on state bodies, public associations, officials, labor groups, citizens are obliged to assist the police in public order and combating crime.



Section 1. Guarantees legal protection of the tax police

1.1 Legal protection of tax militia

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 militia impossible without the legislative framework, regulations implementing organizational and preventive measures and facilities, programs, plans, orders and other administrative decisions.

The measures of legal protection of the tax police 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.

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, ie 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 on the tax police and their close relatives, are leaders of the Interior (Article 14 of the Law). Implementation of 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 delayed a decision or insufficiently informed 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 liability under 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 penalties provided by law.

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 eliminate this gap. Firstly, the addition of the CAO, CK special rules on liability for disclosure of information on safety measures and secondly, placing information on safety measures to state secrets (Article 6 of the Law of Ukraine "On State Secrets") to liability for disclosure 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 police).

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 responsibility for public calls for 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 provides for liability for wrongful acts on the tax police 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" tax police officer is a representative of the state executive body);

- For resisting the tax police as a law enforcement officer in the performance of their duties to protect public order;

- The threat of murder, violence, destruction of property on the tax police as a law enforcement officer, as well as his close relatives in connection with the performance of his duties;

- The intervention in the tax police as a law enforcement officer;

- For bodily injury tax police 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 owned by the tax police as law enforcement officers, as well as his close relatives in connection with the performance of his duties;

- By threat or violence against an official of the tax police (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 tax police property and other provisions of the Criminal Code of Ukraine. Hook, for example, the responsibility for organizing mass without orders, accompanied by resistance to authorities (tax police) 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.

All of this requires managers tax police clear analysis of the causes and conditions that promote illegal encroachment on the tax police in connection with their official duties, perfect knowledge of relevant legislation and personal perseverance in addressing specific situations that entail the need for legal protect employee.

1.2 Disadvantages of legal protection of the tax police

tax police social protection

Note that for all branching legal regulation of the tax police, as well as other law enforcement workers, legislation, except for the above, also has drawbacks.

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 aforementioned articles of Action concerning his close relatives, but others, life, health and property are not indifferent law enforcement officers and criminal actions against them can cause psychological pressure , 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."

Key measures to ensure the legal protection of the tax police should be routinely performed 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 advanced training of tax officers should be taught relevant subjects. The purpose of the course is to tax militiamen armed with theoretical and practical skills necessary to:

- Legal guarantees for the performance of official tasks tax police and harmless 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 new tactically, technically, 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 tax police;

- A system of prevention of conditions and causes that contribute to the emergence of a threat to the health of the tax police and the population.

Certainly, implementation of the above areas of legal personal safety is possible if they will make a professionally prepared tax police, who understand the importance of 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 protection and realization 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.



1.3 Improving the legal protection of tax militia

To improve the legal protection of the tax police must provide:

- Development of principles, objectives, content, forms and methods of prevention, minimization, compensation and correction of possible physical, mental and social variation in the tax police;

- The study of adverse factors and danger in the work of tax police identify opportunities for society and the state, certain institutions to minimize them, compensation and correction of their impact on the development of the individual employee;

- Development of measures and recommendations for prevention transformation victim personalities victim is favorable living conditions;

- Assisting the tax police in self-correction and self-awareness in terms of personal safety.

Management decisions and plans to ensure the safety of personnel should include:

- Development of guidelines, algorithms conduct of the tax police 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 tax police to duty in the face of increased risk to life or in extreme situations;

- The organization of primary and service training at the place of service, improve professional skills, and special physical training of personnel of the tax police, 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 tax police, to prevent accidents involving personnel;

- Use of funds for compulsory insurance of tax police;

- Analysis and appropriate action regarding criminal intentions relative to the tax police, their families, the use of available information in order to prevent such offenses;

- Carrying out complex search operations for disclosing crimes regarding the tax police, 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 tax police identify individuals 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 of families lost tax militiamen in accordance with applicable laws, employee benefit tax police, who injured, ill or injured while performing their duties.

Useful for improving 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 by shooting with firearms, 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 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, plan their activities in the tax police and supervise their implementation, and participate in programs of training and retraining of personnel tax police on legal regulation of safety, give a personal example in Skills appropriate behavior. In conclusion, we note that the statutory conditions governing professional staff 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 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 and the tax police in its structure, because they are an integral part.

The main purpose of the study and mastery of skills of safe actions in appropriate situations - to teach employees to implement rules and regulations adapted behavior while performing their professional duties, developing and securing the necessary knowledge and skills. 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.



Section 2.Social protection of tax militia

2.1 Social benefits, pensions and other social benefits

State guarantees tax police social protection. The police privileged in the allocation of housing, installing residential telephones, placement of children in kindergartens, resolving issues of welfare provision in accordance with the legislation of Ukraine.

Living area police officers provided by local councils of people's deputies, relevant ministries and agencies in priority order.

According to police, dismissed from service due to age, illness or seniority, retains the right to benefits under the Act. Police may have employee housing.

The police officers who use for official purposes personal transportation, paid cash compensation in the prescribed amount.

For police installed 41-hour workweek. If necessary, the person enlisted and officers serving over fixed working hours and on weekends and holidays.

Wages in overtime and night, weekends and holidays is made in accordance with legal requirements.

Local Soviets may establish other not covered by this law, the guarantees of social protection of the police.

A policeman is subject to state insurance in the amount of ten-year allowance from the last post, which he took from the funds of the respective budgets and funds received under the contracts by ministries, departments, enterprises, organizations.

The procedure and conditions of insurance police established by the Cabinet of Ministers of Ukraine.

In case of death of a police officer in the performance of official duties Kiev to protect public order and combating crime family of the deceased or his dependents shall be paid a lump in dime cut allowance of ten dead from the last post, which he held, and a pension in survivors in the amount of the monthly salary.

The family of the deceased police officer retains the right derived living space. She is extraordinarily residential area within three months after the death of a police officer in private ownership.

The children of a police officer who was killed or died in the performance of official duties, until they reach adulthood and also for disabled family members, who were his deductions not retain the right to benefits to pay housing, utilities, materials is an important pa .

In case of injury caused by police officers in the performance of duties and disability that occurred during passages service or no later than 3 months after separation from service or after the expiration of this period, but due to illness or accident event that took place in the period of service, he shall be paid a lump sum of three to five year allowance (depending on the degree of disability) and assigned disability pension.

Damage caused to property of a police officer or his close relatives in connection with his official duties, are compensated in determined by the law in its entirety and the relevant budget.

The pension age is set at no lower poverty line.

Today experts of the Ministry of Labor and Social Policy of Ukraine are working mechanism of gradual increase in the minimum and maximum pensions, providing pensions based on past work.

The principle of solidarity. Solidarity as an ethical principle that requires financial support for workers who have lost efficiency. A new generation of workers funds for pensions citizens, which it has changed in manufacturing. This is purely pension funds. Hence, there is a sort of "agreement generations": young people - the elderly, and so continually done redistribution of employable disabled. But the link between generations is only part of the general principle of solidarity. Its content is also a redistribution of funds across sectors and regions and between processors and primary industries donor regions and industries.

In the future the question of involvement of premiums on pension accounts insured persons and pension payments from these accounts depending on the size of savings.

Social Security by the Pension Fund, Social Insurance Fund, the state and local budgets. Social security in Ukraine is carried out of the Pension Fund, which operates under the provisions of the Pension Fund of Ukraine, approved by the Cabinet of Ministers of Ukraine dated 28.01.92. Number 39.

Due to the Social Insurance Fund provided assistance during pregnancy and childbirth, birth allowances and others.

Because of the state budget paid state social assistance, targeted social assistance to needy families.

Local budget provided assistance for child care assistance for minor children who are under guardianship, temporary assistance for minor children whose parents avoid paying child support or alimony when others cannot.

Principles of social protection authorities. In Ukraine, a unified pension system. This is evident, first, that the payment of pensions to virtually all categories of pensioners at the expense of the Pension Fund of Ukraine and some subsidies from the state budget) 'allocated to pensions. Unified system provides centralized regulation that guarantees throughout the country level conditions and regulations, the same possibility of citizens of Ukraine one of the most important social rights.

The state establishes grounds and types of pension provision, determines the order and conditions of pensions, funding source, creates a system of organs through which address issues of social protection, and all that enshrines in legislation.

The main functions of social protection perform social welfare agencies or the Pension Fund of Ukraine. Their competence issues are pensions, benefits and advantages of war and labor veterans, the organization of social assistance to families with children, single parents and elderly citizens. They are in charge of the material and consumer services and employment of disabled persons, consideration of appeals from rulings clarify legislation that are binding for businesses and organizations that use normal pension rights and other issues of social protection of pensioners .

Along with the social security, pension issues involved bodies of the Ministry of Defense, State Security, the Ministry of Internal Affairs and the State Tax Service of Ukraine. They participate in the pension categories of persons who served in these organs.

The only legislative body in the state is the Supreme Council of Ukraine. It passes laws on the basis of social protection, forms and types of pension approves key indicators Pension Fund are included in the state budget, determines the amount (rate) required premiums enterprises, organizations and citizens.

The system of executive authorities representing central and local public administration. The highest body of the executive power is the Cabinet of Ministers of Ukraine. Its jurisdiction includes matters related to the implementation and execution of the guarantees provided by the legislation on pensions. Cabinet gives subordinate legislation for the implementation of social protection.

Only the central bodies of executive power that provides management functions of social protection in the country, the Ministry of Labor and Social Policy of Ukraine to the Cabinet of Ministers, which is tasked to implement the state policy in the sphere of social protection of pensioners, the disabled, single, disabled people who need support from the state.

The terms of reference of the Ministry of Labor and Social Policy is quite broad. However, most of them carried out through regional, district (city) departments of labor and social protection of the population belonging to the local administrations or executive committees on the principle of dual subordination.

Management District (city) level, as a grass-roots body in the system of social protection is directly related to citizens who need social protection and pensions, working closely with the relevant authorities in this field. It is in this link goes to the most important operational management work on social protection. Therefore, it has the same principles that are characteristic of management in general, although there are some specific features. His work should be based primarily on the principle of legality, which is constitutional and follows from Art. 8 of the Fundamental Law of Ukraine. The essence of this principle is that all of the social protection of the population and all officials should carry out their functions in accordance with the laws of Ukraine, consistently defending the constitutional rights of citizens.

The principle of citizens' rights to social protection. Under the protection of the rights of citizens to understand the social protection funds aimed, firstly, to maintenance of citizens in accordance with the law, and secondly, to redress in pensions. In Art. 46 of the Constitution of Ukraine not only recorded the right to retire, but mentioned guarantees its implementation. This right is guaranteed by the mandatory state social insurance premiums by citizens, enterprises, institutions and organizations, as well as budgetary and other sources of social support.

Pensions and other social benefits and allowances, which is the main source of livelihood, should provide a standard of living not lower than the subsistence minimum established as a system of legal guarantees by which ensured

- Free citizens in a particular type of pension relationships, their changes, and termination;

- Appeal against refusal to accept the application for a pension, and violation of the terms of its proceedings;

- The rule of law during the appointment and payment of pensions and health of pension rights.

Usually realization of subjective rights of citizens to the appropriate type of pension does not meet with opposition from the social protection or pension fund providing pensions. However, if the body fails to appoint retired citizen, he can seek help not only in the executive authorities, but also to the court. Complaints about the decision of the body which appoints the pension can be submitted to the district administration or municipality or the district (city) court. The complaint in this case is a form of response to violations of the subjective right to a pension, means the removal and prevention of these disorders.

Thus, the established order of pension rights is not only its actual implementation, but also ensures the protection and restoration of rights.

In formulating the concept of sources of law as rules are the basis of the following two basic positions:

1) it is understood as a material source - where is the content rule or law-making power, for example, government, parliament, the President of Ukraine, the judicial authorities;

2) formal source of law - a way of expressing the content of the rules of conduct, or that gives the rule compulsory nature.

Depending on the degree of validity are two main types of sources of law: the laws and regulations - regulations.

Sources of social security law - is the regulations that govern the relationship with pension and some other services disabled members of society, families with children.

The main and crucial source of law is the Constitution of Ukraine. In particular, p. 46 of the Basic Law provides for the right of citizens to social protection. The right to retire - one of the concrete manifestations of all general constitutional right.

Only the laws of Ukraine are determined by the fundamentals of social protection, the forms and types of pensions. Laws are endowed with higher legal force. It is that other acts have come from the laws and do not contradict them. Laws passed by the Verkhovna Rada - the sole body of legislative power in Ukraine.

Laws of Ukraine as a source of social protection can be classified by major types.

Regulations on pensions:

* Law of Ukraine "On pensions" from 06/12/91;

* Law of Ukraine "On pensions for military personnel, officers and enlisted men of the Interior" from 09/04/92;

* Law of Ukraine "On the status and social protection of citizens affected by the Chernobyl disaster" on 2/28/91;

* Law of Ukraine "On Civil Service", 2/16/93; Statutory acts of assistance:

* Law of Ukraine "On State Aid to families with children" from 21.11.92;

* Law of Ukraine "On Amendments to the Law of Ukraine" On State Aid to families with children "of 22.03.2001;

* Law of Ukraine "On state social assistance to needy families" of 01.06.2000;

* Law of Ukraine "On state social assistance to disabled from childhood and disabled children" of 16.11.2000. Regulations regarding Material and housing and communal services:

* Law of Ukraine "On the Status of War Veterans and Guarantees of their Social Protection" from 10/22/93;

* Law of Ukraine "On the Fundamentals of Social Protection labor veterans and other elderly people in Ukraine" dated 16/12/93;

* Law of Ukraine "On the State Tax Service of Ukraine" dated 04/12/94;

* Law of Ukraine "On social and legal protection of servicemen and their families" on 20/12/91.

3.2 Determination average earnings and the appointment, terms, payment of pensions to employees of the State Tax Service and the tax police

According to Art. 64 of the Law of Ukraine "On pensions" pensions are calculated according to established norms as a percentage of average earnings. Under the average monthly salary is the average wage of workers, reflecting regular, systematic payments and is typical of a normal characteristic of the employee. Average actual earnings for pension calculation is taken (by the choice of the person applying for pension) for twenty four of the last calendar month of service before applying for a pension or for any sixty calendar months of service throughout the work before applying for pension, regardless of current interruptions.

Average earnings in twenty-four calendar months and over sixty calendar months shall be determined by dividing the total amount of earnings within twenty-four calendar months of service or sixty calendar months of service for twenty four or sixty.

Thus, at the request of the person applying for the pension, a place with an incomplete number of working days in connection with their employment or dismissal counted as full calendar months of work.

If the one who applied for pension for less than twenty-four calendar months, the average monthly salary is calculated by dividing total earnings by calendar months of the number of months.

If the employee worked less than one calendar month, the earnings for all hours worked divided by the number of working days per month, calculated on average per year (25, 4 - a six-day working week and 21, 2 - at the five-day working week).

For a pension of any kind should be given certificates of employment on the average earnings of the person who applied for pension or deceased breadwinner. Evidence of earnings made in reference solely on the basis of personal accounts, payroll and other documents accrued and paid wages.

The composition of income, which accrues pension, made all kinds of awards that are charged premiums than paying a one-time nature.

Pensioners who have worked after the pension age or disability at least two years of higher earnings than that which was calculated pension is set at the request of the pensioner, the new rate of pension, based on higher earnings, which is determined by Two years of succession after the pension.

If retired, continuing to work, gained experience, sufficient to assign a full pension, the pensioner is conducted at the request of the appropriate recalculation of pension, regardless of how much time has passed after the pension an incomplete experience.

The transition from one type to another pension retiree may choose accrual pension or wages for two years, or earnings for five years before the day the application for transfer, or earnings for any two years of the contract after the pension.

Also, when you switch from one to another pension under the new basis it can be accrued from earnings, which was assigned or transferred previously paid to pension. In the latter case, the transfer is for proof of income, which is located in the pension case.

If a retiree wants to return to the previously received a pension transfer is made from one pension to another, and restore a previously granted pension.

After the pension all documents received specialist in payment, which opens on the basis of their personal accounts of pensioners. There are two ways to pay pensions for retirees residence:

- Through the post office;

- Through the banking system.

Pensions shall pay monthly in advance in full, excluding income derived from the actual place of residence, regardless of residence.

If retired due to illness or other reasons is not able to get a pension personally, he can issue orders to another person. The power of attorney must be notarized, housing office or stationary medical institution where the pensioner is being treated. Order valid during this period in it, but not more than three years. If a pensioner does not receive a pension for some time, after six months of payments withheld. To resume payments should contact the agency that pays the pension. Unclaimed pension pensioner promptly paid over time, but not more than three years. At the same reasons for which the pensioner is not addressed in a timely manner by the designated pension to decide on the payment of pensions over time do not matter. If the pension is not paid by the fault of the body that appoints, or retirement pay, the unpaid amount and is paid back over time without limitation any available. Pensioners who live in nursing homes for the elderly paid 25% of intended retirement, but less than 20% of the minimum old-age pension.

Pensions of persons soldiers and officers of the tax police, calculated from the sum of salary, which is paid to these persons on the day of dismissal from service.

Pensions are calculated on the following types of pay:

- Salary for the last full-time position, which is held prior to dismissal;

- Salary for special status;

- Interest allowances for retirement;

- Additional types of pay provided monthly (allowances for rank, degree, qualifications and conditions of service).

Conversion of previously awarded pensions to persons, officers and other ranks of the tax police and their families due to changes in the size of salary, which happened after his release from the service, held annually on the basis of established as of January 1 of the current year amount of salary, with which pensions are calculated. Persons officers and other ranks of the tax police, which received before dismissal from service staff (saved) salaries or higher salaries, pensions are calculated with conventional rather than personal (preserved) or higher salaries.

Pensions are appointed by the families of deceased personnel, officers and other ranks of the tax police, calculated in the manner prescribed by law, with appropriate types of pay, including pension calculation was subject dependent. With the release of individuals, officers and other ranks of the tax police receive a monetary allowance in the amount of five-month allowance, older persons and senior officers of the tax police, who released from service due to age, illness, redundancy or with limited health without right retirement, along with payment of a one-time cash assistance paid within one year from the date of dismissal salary for special awards.

According to Art. 104 of the Law of Ukraine "On Pension Provision" against the decision of authority that appoints pension may be submitted to the district (city) council deputies or the district (city) court. Decision of appointing the retiring may be appealed administratively. Usually the complaint is served in a higher authority, which is directly subordinate institution whose actions are challenged.

The order and timing of complaints on Pensions defines the Law of Ukraine "On Public Appeals" from 02.10.96.

According to Art. 16 of the Act complaint against the actions or decisions of a public authority, local government official in the chain of command is the highest body or official that does not deprive a citizen the right to appeal to court, and in the absence of such authority or she disagrees with the decision adopted by the complaint solution - directly to court.

A complaint may be filed with the agency or official of a higher level within one year after its adoption, but no later than one month from the time familiarize citizens with the decision. Complaints submitted in violation of this term will not be considered.

A citizen who asked a complaint is entitled to:

1) personally present arguments to the person who checked the complaint;

2) to familiarize with the material;

3) send additional materials or insist on their request;

4) be present during any appeal;

5) use the services of a lawyer;

6) receive a written response of the outcome of the complaint;



Conclusion

Legitimate claims police are binding citizens and officers. They are based on Art. 11 For Law of Ukraine «On the Police" and other laws and regulations. Officials who, without in difficult times also refused to assist police officers in real of his rights under § 24-28 century. 11, subject to compliance with current legislation.

The police have the right to perform its tasks citizens with their consent to cooperate in the prescribed manner, regulating preventive and investigative operations. Compulsory involvement of citizens in cooperation with the police prohibited.

Ensuring public order, public safety personal citizens, protect their rights, legal interests, preventing and termination offenses and crimes, the police have the right to measures physical effects, special means and firearms in accordance with Art. 12-115 In Law of Ukraine «On the Police" and rules of application special facilities for the protection of public order in Ukraine.

A policeman at the time of service and duty is subject to immediate and direct superiors of Ukraine № 1368-XII. Discipline employees.

Direct chiefs are chiefs that a person of ordinary, subordinate officers for service, at least temporarily. Closest to the head is a direct subordinate supervisor. Superior orders must be lawful, clear, understandable and implemented , accurately and on time. In the event of illegal orders, must immediately report it to the person who gave this order. If the order is confirmed - do not do it, and report to senior forward captain. Failure to comply with a lawful order shall entail liability under the Disciplinary Statute of Internal Affairs of Ukraine.

No one else, except for authorized officials in cases provided by law, no right to interfere with the activities of employees Nick police. According to § 39 of the Disciplinary Statute ordinary person or officers in detecting violations of the law, the evil occurrences or other flaws in the official activities shall report to the team or to submit a proposal, application or complaint senior forward captain. Each person ranks or officers may appeal thou misconduct against her superiors for action in order to visions applicable law.

The State shall guarantee social protection to police officers. The police privileged in the allocation of housing, installing residential telephones, placement of children in kindergartens, resolving issues of welfare provision in accordance with the legislation of Ukraine.

A policeman is subject to state insurance in the amount of ten-year allowance from the last post, which he took from the funds of the respective budgets and funds received under the contracts by ministries, departments, enterprises and organizations. The procedure and conditions of insurance police established by the Cabinet of Ministers of Ukraine.

In case of death of a police officer in the performance of official duties Kiev to protect public order and combating crime family of the deceased or his dependents shall be paid a lump in cut allowance of ten dead from the last post, which he held, and a pension in survivors in the amount of the monthly salary.

The family of the deceased police officer retains the right derived living space. She is extraordinarily residential area within three months after the death of a police officer in private ownership.

The children of a police officer who was killed or died in the performance of official duties, until they reach adulthood and also for disabled family members, who were his deductions not retain the right to benefits to pay housing, utilities, materials is an important pa .

In case of injury caused by police officers in the performance of duties and disability that occurred during passages service or no later than 3 months after separation from service or after the expiration of this period, but due to illness or accident event that took place in the period of service, he shall be paid a lump sum of three to five year allowance (depending on the degree of disability) and assigned disability pension.

Damage caused to property of a police officer or his close relatives in connection with his official duties, are compensated in determined by the law in its entirety and the relevant budget.



List of references

1. Constitution of Ukraine adopted at the Fifth Session of the Verkhovna Rada of Ukraine June 28, 1996 - Kyiv: Ukraine Press, 1997

2. Extract from the Law of Ukraine "On the State Tax Service of Ukraine" as amended by the Act of December 24, 1993 № 3813-XII as amended in accordance with the laws of 14 December 1994. № 287/94 BP from July 11, 1995 № 297 / 95-BP on May 16, 1996 № 203/96 BP, on February 5 and 98, the number 83/98 BP. Chapter V Tax Police. Articles 19-27.

3. Law of Ukraine "On Combating Corruption" / / Regulations regarding enforcement - K. atall, 1998.

4. Law of Ukraine "On State Secrets" / / Regulations regarding enforcement - K. atall, 1998.

5. Law of Ukraine "On safety of persons involved in criminal proceedings" / / atall. 1998.

6. Law of Ukraine "On Information" / / Regulations regarding enforcement-K.: Atall ,1998-580s.

7. Law of Ukraine "On Health Care," from November 19, 1992. / / BD. - 1993. - № 4.

8. Law of Ukraine "On pensions for military personnel, officers and enlisted men of the Interior" from 04/09/92;

9. Law of Ukraine "On pensions" from 12/06/91;

10. Law of Ukraine "On the status and social protection of citizens affected by the Chernobyl disaster" on 2/28/91;

11. Law of Ukraine "On Civil Service", 2/16/93; Regulations of Assistance:

12. Law of Ukraine "On State Aid to families with children" from 21.11.92;

13. Law of Ukraine "On Amendments to the Law of Ukraine" On State Aid to families with children "of 22.03.2001;

14. Law of Ukraine "On state social assistance to needy families" of 01.06.2000;

15. Law of Ukraine "On state social assistance to disabled from childhood and disabled children" of 16.11.2000. Regulations regarding Material and housing and communal services:

16. Law of Ukraine "On the Status of War Veterans and Guarantees of their Social Protection" from 22/10/93;

17. Law of Ukraine "On the Fundamentals of Social Protection labor veterans and other elderly people in Ukraine" dated 12/16/93;

18. Law of Ukraine "On social and legal protection of servicemen and their families" on 20/12/91.

19. Law of Ukraine "On the State Tax Service of Ukraine" dated 12/04/94;

20. Law of Ukraine "On Militia" of 20.12.1990;

21. Law of Ukraine "On the operational activities" of 18.02.1992;

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