Municipal Law Enforcement Agencies: Concept And Practice Of Implementation In Ukraine

Abstract

The article analyses various approaches to formulating the concept of bodies that are created by local councils for the purpose of protecting law and order in territorial communities. In the course of the study, significant differences in the names of the specified bodies in different communities were revealed. Among the most used are the names «municipal police», «municipal guard», «municipal guard», and «municipal guard». Criticisms regarding the use of the name «municipal police» were expressed and arguments in favour of the name «municipal guard» were recognized as convincing. Additionally, the expediency of using the name «municipal» to designate the bodies entrusted with the protection of law and order within the territorial community and the inexpediency of assigning bodies that perform separate functions for the protection of law and order in a certain territory to law enforcement bodies, are additionally argued. The specific features inherent in law enforcement agencies created in territorial communities are singled out. It is proposed to unify the concept that is used to name the relevant bodies, namely «municipal law enforcement agencies» and formulate their own understanding of the meaning of this definition as local self-government bodies, which are created by the relevant local council in order to ensure the interests of the territorial community in the field of law enforcement, is controlled and accountable to it and financed from the local budget. The practice of introducing and functioning of municipal law enforcement bodies in various territorial communities is analysed. It was found that such bodies are created either as a separate element in the structure of other executive bodies of local self-government in the form of an inspection, department, department or may be formed as communal security enterprises with subordination either directly to the local council or to some of its executive bodies. It is proved that the first organizational and legal form is more appropriate and justified. Given the range of tasks performed by municipal law enforcement bodies, it was determined that they should be included in the structure of executive bodies of local self-government, and not be created in the form of communal enterprises. According to the results of the study, the need to include in the necessary steps of the municipal reform, which will be resumed after the end of the war, the adoption of a special law, which must clearly define the name, organizational and legal form, tasks, functions, types, forms and methods of activity of municipal law enforcement agencies is argued.