Since 2014 year, Ukraine, having started one of the basic strategic projects of state-building - decentralization reform, builds a full-fledged system of local self-governance. The solution to the problems of local self-government has indeed become one of the key challenges for the new Ukrainian authorities. For the fifth year, the systemic development of the regions continues with a real consideration in the process of uniting communities of their features - historical, natural, cultural, security factors, etc.
For the first time since independence, the reform of decentralization in Ukraine aims at radically reforming public functioning, aimed at building a new effective system of local self-government, which will be one of the bases for the creation of a full-fledged civil society. The rate for the emergence of genuine - functional in all spheres of public life - civil society predetermines the most pro-European character of decentralization in Ukrainian.
Decentralization processes in Ukraine continue under harsh conditions of armed aggression by Russia, which, in combination with other instruments of the "hybrid war", does not abandon plans for the destruction of the young Ukrainian state. This, of course, imposes a separate responsibility on Kyiv and predetermines a number of restrictions on the implementation of the decentralization reform in order to prevent centrifugal processes in the state in a war situation. This same specificity demands a clear ideology of reform and revision of any decentralization step to the compliance with the criterion of strengthening (not weakening) the positions of the state in the security and defense sector in conditions of external aggression.
Even with such specific and difficult starting conditions, decentralization in Ukraine has demonstrated concrete success stories that give reason to believe that the implementation of all planned reforms will strengthen the "national resilience" - not least because of active involvement in the processes of civil society ( the main phenomena of which were volunteer and volunteer movements), which was maximally involved in the process of confrontation with the aggressor.
So, according to the Ministry of Regional Development At the beginning of the 2018 year, 692 United Territorial Communities (OTG) were created in Ukraine, of which 51 December 24 was the first in 2017 OTG, and 27 OTGs are waiting for the election of the Central Election Commission. In general, 3247 local councils have already been united in Ukraine - almost one third of the total number of village, town and city councils that functioned prior to the commencement of the process. In the united communities there are already about 6 million inhabitants. Average number of inhabitants of OTG - 8760 persons.
The indicated dynamics indicate that in the near future Ukraine will move to a decentralized system of state administration on the bottom-up principle, which will guarantee an optimal distribution of both authority and responsibility between the center and the regions.
In these conditions, security issues of a fundamentally new nature for the Ukrainian state at the basic level of the communities should be formed and the creation of a new effective model for monitoring and monitoring the legality of the actions of new local governments. For the country, in the face of hybrid aggression from outside, decentralization in the security sector has its own peculiarities. In the study "Security Aspects of Political Decentralization in Ukraine: Vision, Realities and Possible Implications" experts from the Center for the Study of Army, Conversion and Disarmament indicate that the decentralization format adopted by Ukraine laid the foundation for a series of positive developments in strengthening the security sector of the state. First of all, it is about creating municipal and community organizations that would assist state institutions in patriotic education of the population (especially young people), in overcoming the consequences of emergencies, on issues of civil defense, training of the population on basic skills of medical care, etc. It is the bottom-up initiatives that should be effective in increasing the protection of the population from armed assault, from man-made disasters and natural disasters, and, most importantly, at the present-day historical stage, to form a steady fence of separatist manifestations and the influence of Russian agents on the loosening of the situation from the inside.
A key role in strengthening the security aspects of decentralization is given to the renewed bodies of internal affairs (ATS), whose reform was initiated in parallel and in the framework of the decentralization reform. Thus, in addition to the newly established National Police in the structure of the Ministry of Internal Affairs, today, in particular, include:
- The State Border Guard Service is the central executive body within the Ministry of Internal Affairs, which implements state policy in the field of integrated management of the state border;
- State Migration Service - a central executive body within the Ministry of Internal Affairs, which implements state policy in the field of counteraction to illegal migration;
- National Guard - military formation in the system of the Ministry of Internal Affairs with functions of law and order;
- State Emergency Service is a central executive body within the Ministry of Internal Affairs, which implements state policy in the field of civil protection of fire safety and protection from emergency situations.
The ways of reforming the National Guard of Ukraine and aspects of the decentralization reform in the field of state border protection were considered in the relevant studies of the Central Research Laboratory.
In this study, the CACARC experts, with the support of the Geneva Center for the Democratic Control of Armed Forces (DCAF), investigated approaches to decentralization reform in the area of responsibility of the National Police and other bodies within the Ministry of Internal Affairs to ensure the safety of citizens' lives through the implementation of measures to ensure national security and defense in the face of hybrid aggression by the Russian Federation.
PART 1. LEGAL FEATURES OF NATIONAL POLICE FUNCTIONING IN DECENTRALIZATION CONDITIONS
Modern challenges and threats, first of all hybrid, due to the influence of a complex of socio-demographic, economic, political, legal, psychological and technological factors, require a systemic response, adequate transformation of the national security sector, in particular the Ministry of Internal Affairs.
The role of the Ministry of Internal Affairs is to create conditions for the development of a safe environment of life as a basis for security in the territory of Ukraine, as well as a modern system of internal security as a deterrent to the armed aggression of the Russian Federation.
A radical reform of the Ministry of Internal Affairs in Ukraine was launched in the 2014 year immediately after the Revolution of Virtue with the advent of new pro-European political forces. The reform of the Ministry of Internal Affairs (in the general process of the deep changes in the law-enforcement system of the state as a key requirement of society) started in fact simultaneously with the reform of local self-government and territorial organization of power on the principles of decentralization. Today, the most up-to-date bodies of the Ministry of Internal Affairs - National Police and the State Emergency Service (SSNS) - ensure the process of decentralization in the field of law and order and security of citizens' lives.
In the reform of the Ministry of Internal Affairs of Ukraine in the period 2014-2018 in the context of decentralization, the following key processes should be distinguished:
2014 р. - the first half of 2015 р - the period of experiments and implementation of pilot projects on the basis of regional departments of the Ministry of Internal Affairs;
22 October 2014 - approved by the Cabinet of Ministers of Ukraine Strategy for the development of the bodies of internal affairs of Ukraine and the Concept of priority measures for reforming the system of the Ministry of Internal Affairs;
July 02 2015 p. - Adoption The Verkhovna Rada of Ukraine of the Law of Ukraine "On National Police";
15 November 2017 p. - the Cabinet of Ministers of Ukraine adopts a new one Development strategies of the Ministry of Internal Affairs of Ukraine up to 2020 year.
The period of experiments and pilot projects was characterized by a wide involvement of the human rights expert community in the reform process and the civil society sector in general. In April 2014, the MIA established the Expert Council on Human Rights and the Reform of the Internal Affairs, which in fact became the official beginning of a new phase of the reform of the Ministry of Internal Affairs.
From the very beginning, the Expert Council declared and demonstrated maximum openness both for civil activists and for officials who were part of the seven working groups. In addition to the participation in the work, experts were invited as observers to the Secretariat of the Ombudsperson of the Verkhovna Rada of Ukraine for Human Rights, the Razumkov Center, the Office of the OSCE Project Coordinator, the EU Delegation and the Council of Europe Commissioner for Human Rights in Ukraine, the US Embassy, the United Nations Human Rights Monitoring Mission in Ukraine . Almost simultaneously another center of public activity on reforming the police in Lviv was formed. Even during the events of EuroMaidan and the long-term selection process for candidates for the post of Chief of Police, the Supervisory Board under the Main Directorate of the Ministry of Internal Affairs was established in Lviv Oblast. At the first stage, it united at least 50 activists - representatives of 16 NGOs, nine media outlets, university lecturers, pensioners, private entrepreneurs.
At that time, the Lviv Oblast became a locomotive for innovation and the introduction of pilot initiatives in the process of reforming the bodies of internal affairs. Thus, in the context of cooperation between local authorities and the police, an active work was carried out on polling of citizens in connection with the need to create and the basis for the functioning of the local police, which demonstrated, in general, the readiness of the Lviv community for the formation of municipal law enforcement units in the future. Also, workshops were held with representatives of local self-government bodies on the legal basis for the formation of local militia, its staffing, material and technical, and financial support. Separately, initiatives should be highlighted for implementing the "community policing" model (Community-based policing) in working with the population, raising the level of transparency and accountability in the activities of the bodies of internal affairs at the local level. The working groups have developed a series of measures to introduce a problem-oriented approach to the activities of territorial units, in particular - to the patrol service and the service of district police inspectors.
It is noteworthy that the mentioned initiatives of the Lviv experts became one of the components of the National Social Platform, founded in November 2014, which was called "Reforming the Interior Ministry: Transparency and Responsibility" (further - Platform) The purpose of the Platform was to ensure a stable and transparent process of reforming the bodies of internal affairs (ATS) headed by the Ministry of Internal Affairs of Ukraine. The platform brought together experts from non-governmental organizations, European and international institutions, academics from academic institutions, and government officials. The internal structure of the Platform consisted of such working groups:
- Public expertise of the Ministry of Internal Affairs, analysis of the current state of organs and subdivisions;
- Optimization of the structure of internal affairs bodies, normative provision of the reform process;
- Cooperation with local authorities (development of algorithms for interaction between local authorities and the Ministry of Internal Affairs);
- A new system of performance indicators;
- Departmental education reform;
- Work with personnel, changes in personnel procedures;
- Development of the ambition of community policing, the sociological dimension of change;
- Internal control and counteraction to corruption, increase transparency and accountability "
- Information policy and PR.
Platform Initiatives began to go beyond the boundaries of the Lviv region to the national level. Thus, experts of the Platform in the 2015 year together with the Ministry of Internal Affairs of Ukraine developed and implemented a number of pilot projects, among which are the following:
- conducting an experiment in the city of Khmelnitsky on the creation of a single patrol service based on patrol units and traffic police that will perform the tasks of public order protection and prevention of offenses in cities by special dresses (01.11.2014 - 28.02.2015);
- introduction of new forms and methods of work in the Sambir MV GUMVD Ukraine in the Lviv region (25.05.2015 - 25.07.2015).
The purpose of the project was to determine the approach of the police to the population, cooperation with the public, rapid response to the citizens' requests and the protection of their legitimate interests, increase the professionalism of law enforcement, and gaining people's trust in the police. The experiment was positively evaluated by the Ministry of Internal Affairs, it was extended and expanded to other regions of Lviv Oblast, and subsequently the results of the experiment were implemented in other regions of Ukraine. Thus, the Order of the Ministry of Internal Affairs from 24.07.2015 No. 902 extended and expanded the experiment on the introduction of new forms and methods of work. Thus, four more district departments of the Interior Ministry of Internal Affairs of Ukraine in the Lviv region (Starosambirsky, Turkivsky, Mostyskiy, Zhovkivskyi) were involved in the experiment. On the basis of the Sambir RV during the second stage, the feasibility study on the construction of the district department structure according to the zonal-functional principle was conducted. In addition, the implementation of the results of the Sambir MV in five district departments of Ukraine: Kyiv, Donetsk, Lugansk regions was started. Consultations and necessary documents for the organization of work were provided. Representatives of the European Union Consultative Mission were involved in the work on the pilot project. In particular, after conducting an experiment in the Lviv region on the basis of the results, groups of police patrol response in the Kyiv, Kharkiv and Lviv regions were implemented..
It should be noted separately about the creation of a new one Patrol Police of the Ministry of Internal Affairs of Ukraine within the reform of the department. 19 On January 2015, Interior Minister Arsen Avakov announced the launch of a competitive selection of vacancies for Police Patrol Police Inspectors in Kyiv. And 04 July 2015 in the center of the capital took the oath of new employees, trained to serve in the future police. At the end of 2015, the total number of policemen was 3580. In the 5 areas, 6320 training was provided to National Police, while in the 11 areas, candidates continued to compete. The process was accompanied by a wide involvement of the public, first of all non-governmental human rights organizations, who were members of the competition committees for the selection of candidates for positions of police inspectors and subsequently took part in the training of the selected candidates.
In turn, Expert Council on Human Rights Compliance and Reform of the ATS in the Ministry of Internal Affairs of Ukraine took an active part in developing the concept of reforming the ministry.
As a result, 22 October 2014 year were approved by the Ministry of the Interior Strategy of development of the bodies of internal affairs of Ukraine and Concept of the priority measures of reforming the system of the Ministry of Internal Affairs. (It was supposed to be implemented in the period 2014-2016 years).
Strategy of development of the bodies of internal affairs of Ukraine 2014 year (Next - Strategy) contained a number of key provisions within the framework of the general decentralization reform. The development and reform of the ATS was supposed to be carried out according to a series of defining principles formed on the basis of the experience of reform and functioning of European police systems. Thus, among the principles of reforming the bodies of internal affairs (both related and universal categories), the Strategy contained such:
- close cooperation with the population and local communities.
As part of the decentralization reform, it was envisioned that territorial bodies and units of the Ministry of Internal Affairs would have the right to independently decide on issues of planning of current activity, personnel policy and distribution of the budget provided with full responsibility for the decisions made to the local community and the leadership of the Ministry of Internal Affairs. Planning of the current activity of territorial units of the Ministry of Internal Affairs will be carried out on the basis of recommendations, determined by the Ministry apparatus, taking into account the specifics of the situation in the region and the needs of local communities. The financing of the Ministry of Internal Affairs from the state budget will be implemented in such a way that it will allow its territorial bodies and departments to use the resources provided by local self-government bodies. The procedure for obtaining additional revenues to the territorial subdivision budget will provide for a mechanism for anti-corruption control, and information on additional revenues will be open to the public.
An important point of the Strategy was the provision according to which a part of the functions of maintaining law and order (patrolling in public places, monitoring compliance with the rules of trade and parking of vehicles, etc.) would be transferred to a local (municipal) police, formed by a decision of local self-government bodies, which would be held for their account. The control of the activities of the local (municipal) police will be carried out by the National Police Service and local self-government bodies. The establishment of local (municipal) police will be gradual, taking into account the specifics of each region, envisaging the possibility of introducing several alternative models..
The main objectives of the reform of the ATS in accordance with the Strategy were to increase the autonomy of the territorial bodies and units of the Ministry of Internal Affairs, as well as to increase the role of local authorities in their activities. In this sense, according to the modern control theory, decentralization in the Strategy is considered as one of the main administrative mechanisms for improving the efficiency of public authorities, as well as a means of protecting the interests of citizens from state arbitrariness. This principle requires managerial rather than structural change, as the result of its implementation should be the decentralization of decision-making, the responsibility and the allocation of resources that are necessary for the effective and prompt response of the police to the local level. In other words, even if in a decentralized system the structure of the organization remains formally centralized, police officers are empowered to adopt and implement decisions that reflect local conditions and their professional judgment. The implementation of the principle of decentralization is traditionally seen in the introduction of municipal police units in national systems of law enforcement agencies.
In the context of close cooperation with the population and local communities, the main principle of the reform of the ATS in accordance with the Strategy was found impossible to fulfill the tasks of ensuring law and order without active assistance from the population. Therefore, the main priority in the work of the Ministry of Internal Affairs is the establishment of exclusively partnership partnerships with communities in the framework of the generally accepted model of the "community policing" (Community-based policing).
The principle of decentralization in accordance with the Strategy was to ensure the achievement of such basic objectives in the process of reforming the ATS:
- Creation of a service model of activity aimed at solving population problems;
- introduction of the principles of the "community policing" model in the field of public order provision.
The OECD development strategy in general received positive feedback from European experts, which in particular enabled them not only to rely on professional support from international institutions.
During the 02 Strategy implementation in July 2015, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On National Police", which entered into force on 07 November 2015 with certain exceptions (in Kyiv - from the day of its publication, and for Lviv and Odessa - from 20 August 2015 year ). In the context of the decentralization reform, we highlight the following:
In Article 5 The law states that the police, in the course of their activities, interact with the law enforcement agencies and other state authorities, as well as local self-government bodies in accordance with the law and other normative legal acts.
In turn, Article 11 The law defines the format of interaction with the population on the basis of partnership, namely:
- Police activities are carried out in close cooperation and interaction with the population, territorial communities and public associations on the basis of partnership and aimed at satisfying their needs;
- In order to determine the causes and / or conditions for the commission of offenses, the planning of the service activities of police organs and units is carried out taking into account the specifics of the region and the problems of the territorial communities;
- The level of public trust in the police is the main criterion for assessing the effectiveness of the activities of police and police units;
- An assessment of the level of public trust in the police is conducted by independent sociological services.
Interaction between heads of territorial police bodies and representatives of local self-government bodies is defined by Article 88 The law provides that:
- Heads of territorial police forces should hold open meetings with representatives of local self-government bodies at least at one time in two months at oblast, rayon, city and village levels in order to establish effective cooperation between the police and local self-government bodies and the population. At such meetings, the activities of the police are discussed, current problems are identified and the most effective ways of their solution are chosen;
- The heads of the territorial police bodies in order to increase the authority and trust of the population to the police systematically inform the public about the state of law and order, measures taken to prevent the occurrence of offenses.
Note that as of November 2017 is the Strategy, in particular, regarding the priority measures for reforming the Ministry of Internal Affairs was partially implemented. In particular, one of its main tasks was to increase the role of civil society institutions and local self-government bodies in ensuring the rights and freedoms of man and citizen, as well as establishing effective cooperation with the population and local communities.
One of the boots, The Ministry of Internal Affairs was reformed into a single central body in the system of central bodies of executive power, which ensures the formation of state policy in the following areas: ensuring the protection of human rights and freedoms, the interests of society and the state; crime prevention; maintenance of public safety and order; ensuring road safety; protection of the state border and protection of sovereign rights of Ukraine; civil defense organizations, preventing emergencies and eliminating their consequences; migration, citizenship, registration of individuals. The Ministry of Internal Affairs as the only central body was to ensure the direction and coordination of the Cabinet of Ministers of Ukraine through the Minister of Internal Affairs National Police, DENR, The Administration of the State Border Guard Service, the DMS, the National Guard for the implementation of state policy in the relevant areas.
At the same time A number of priority measures for reforming the Ministry of Internal Affairs, in particular in the context of decentralization, were not implemented through a series of interconnected factors, namely:
- the unsettled issue of the legal distribution of rights and responsibilities between the municipal and national police (police);
- incompleteness of the process of formation of territorial communities in the course of the implementation of the decentralization reform, in particular, the incomplete legislative consolidation of the powers of the newly formed territorial communities;
- Uncertainty about the functions and powers of future law enforcement agencies at the national and, especially, at the local level in the course of decentralization reform.
The complex of unresolved issues led to the Government's development and adoption in November 2017 of the new Strategy for the Development of the Ministry of Internal Affairs of Ukraine up to 2020 year (Next - Strategy-2020). The purpose of the adopted act is further development of a stable and functional system of the Ministry of Internal Affairs of Ukraine, strengthening of the security of the state border, public security and order in the state, ensuring the formation and effective implementation of state policy in the field of internal affairs.
Strategy objectives-2020 is to create a safe environment for the development of a free society, ensure high efficiency of the activities of the bodies of the Ministry of Internal Affairs, and strengthen public trust in it, taking into account the decisive role of the citizen in the development of Ukraine as a safe European state. In particular, one of the approaches that will ensure the realization of the objectives of the Strategy-2020 is involvement of society in the process of creating a safe environment, which provides:
- close cooperation with territorial communities and society as a whole;
- creation of mechanisms of partnership with civil society institutions;
- intolerance of corruption.
Among the priorities Development of the bodies of the Ministry of Internal Affairs for the period up to 2020 as an integral part of the national security sector in the context of decentralization reform should be distinguished:
- creating a safe environment;
- effective governance, transparency and accountability;
The creation of a safe environment for people's livelihoods is ensured through the implementation of the MIA system bodies' capacity to respond to the needs of the population, its rapid and competent response to emergencies and events that threaten public or private security, the use of precautionary measures and active participation of the population in ensuring public safety and order. Achieving the expected result requires overcoming challenges in the process of decentralization reform, in particular:
- Untimely response to emergencies due to the limited capacity of the civil defense forces, their considerable distance from the places of such situations;
- lack of adequate personal security skills and insufficient public awareness of their active role in ensuring public safety.
It is planned to overcome these calls in such ways:
- creation of mechanisms involvement of territorial communities to perform tasks by the bodies of the Ministry of Internal Affairs;
- strengthening of cooperation between the bodies of the Ministry of Internal Affairs with local self-government bodies and local executive authorities, joint preparation of crime prevention and public safety programs;
- development of institutes of district police officers and patrol police as the first link of cooperation with the population;
- increasing the capacity of the civil defense forces to prevent emergencies, eliminate their consequences, including during a special period;
- raising awareness and developing people's skills in responding to emergency situations and providing personal security;
Implementation of the priority good governance, transparency and accountability is planned to be implemented, in particular, through the introduction of effective mechanisms of democratic civilian control and cooperation with the public. It is precisely the lack of a systematic approach to communicating with society as a key obstacle to achieving the expected result.
Its overcoming is planned to be carried out in such ways:
– decentralization of powers and division of responsibility in the organizational structure of the bodies of the Ministry of Internal Affairs, formation of conditions for effective decision-making, initiative and motivation of employees of the bodies of the Ministry of Internal Affairs;
- Expansion of practice public reporting of the bodies of the Ministry of Internal Affairs at the state and local levels.
It is important that the evaluation of the implementation of the Strategy-2020 is planned to be carried out in accordance with international best practices. In particular, the assessment will be based on the use of high-level indicators, which indicate the development of the Ministry of Internal Affairs in general. The set of indicators will be based on international standards and best practices. The selected indicators will be used to assess the degree of security and freedom in society, the participation of the population in ensuring the security, quality and speed of response of the authorities of the Ministry of Internal Affairs to the existing challenges.
Completing the 1 part for legal peculiarities of functioning of the National Police in conditions of decentralization it should be noted that the involvement of public organizations in ensuring law and order is foreseen with 2000 year - since the adoption of the Law of Ukraine "On Citizen Participation in the Protection of Public Order and the State Border". However, only after the Revolution of Dignity and the commencement of a comprehensive decentralization reform the provisions of this Law (after making the corresponding changes in the period 2014-2015 years) have got the prospect of practical implementation.
Consequently, this law allows ordinary citizens to participate in the protection of public order. However, he gained true relevance only during the Revolution of Dignity at the end of 2013 - the beginning of 2014. The residents of Kiev and other Ukrainian cities were forced to solve the problem of mass rape of the crime on their own, in particular armed insurgents and marauders who committed robbery and murder. The need to unite ordinary citizens to overcome these challenges and ensure public order arose in a paralysis of the system of internal affairs bodies.
Thus, ordinary citizens then demonstrated a remarkable potential of the association in counteracting street crime. At the same time, the period of the formation of Ukraine as a young state in conditions of hybrid aggression by Russia has shown that the institutional instability of the question of the formats of engaging the public sector in ensuring the rule of law in cooperation and under the control of the National Police in the conditions of decentralization can carry a number of significant challenges for the state. In this aspect we will stop below. Now we note that citizens of Ukraine have the right to create public associations in the manner established by this Law for participation in the protection of public order, assistance to local self-government bodies, law enforcement agencies, the State Border Guard Service of Ukraine and executive authorities, as well as officials in preventing and the termination of administrative offenses and crimes, protection of life and health of citizens, the interests of society and the state from illegal encroachments, as well as in the rescue of people and property during the course of crime On disasters and other emergencies.
Public organizations for the protection of public order and
the state border can be created on the basis of the public
amateurs as consolidated units of public formations,
specialized units (groups) to assist the National Police.
Public organizations for the protection of public order are created and act in co-operation with law-enforcement bodies, executive bodies and local self-government bodies, adhering to the principles of humanism, legality, publicity, voluntariness, observance of human and civil rights and freedoms, rights and legal interests of legal persons, equality of members these formations. Local state administrations and local self-government bodies coordinate the activities of public groups in the protection of public order. The day-to-day (operational) activity of such formations is organized, directed and controlled by the relevant bodies of the National Police.
Article 9 of the Law "On Citizen Participation in the Protection of Public Order and the State Border" stipulates that the main tasks of public organizations in the field of public order protection are the following:
- Assistance to the National Police in ensuring public order and public safety, prevention
administrative misconduct and crimes;
- informing the National Police of the perpetrators or those
preparing crimes, places of concentration of criminal groups;
- Assisting the National Police to detect and disclose
crimes, search of persons who have committed them, protection of interests of the state, enterprises, institutions, organizations, citizens from criminal encroachments; Participation in the provision of road safety and the fight against child neglect and juvenile delinquency.
Thus, the reform of the National Police (other ATS, etc.) within the framework of decentralization is a key component of an integrated approach to the formation of the security sector, which should provide security enhancements at the level of new local government bodies (LMS).
PART 2. CURRENT STATE OF REFORM OF DECENTRALIZATION IN THE FIELD OF LIABILITY OF THE NATIONAL POLICE
2.1 Municipal Guard
The role of the renewed National Police in decentralization reform is, first of all, to strengthen the security sector at the level of the newly formed CSOs. It is about active participation in the creation of the Centers of Citizens' Security in the communities, the implementation of the concept in practice municipal guard as a local authority to ensure public order in the community and strengthen the territorial defense system. In parallel, the transfer of the civil protection system to the subordination of local communities, where the curator of the process is the DSNF.
The legal basis for the implementation of these projects is today Draft Law "On Municipal Guard" (from 25.05.2015, adopted by the Verkhovna Rada as a basis) and "Strategy of reforming the system of the State Service of Ukraine for Emergency Situations»(Effective from 27 in July 2017).
Law "On Municipal Guard" provides for the appearance of an organ in the system of local self-government to ensure the protection of public order, legality, rights, freedoms and legitimate interests of citizens. It is anticipated that the MV will operate in oblast centers, on the territory of OTG (districts after the completion of administrative reform). In forming the structure of the municipal guard (CB), the local council, which will approve its size, will play a key role, and the head of the CF will be appointed chairman of the executive committee of the community. According to the bill, the subunits of the Ministry of Defense will not be a structural unit of the National Police.
Regarding the main tasks of the MF, in addition to safeguarding public order, it will strengthen (duplicate) the functions of the National Police, with an emphasis on the specifics of the OTG. It is about patrolling the territories, preventing offenses, promoting the power bloc of state power, protection of communal property, power assistance to the implementation of decisions of local self-government bodies, provision of legal assistance to citizens, etc. Fundamentally, within the framework of cooperation with the National Police, the municipal guard will have a common protection of public order, joint patrolling, exchange of information, joint training of personnel, and the use of national information registers. The fundamental point is that the draft law provides for the control of the Ministry of Justice to the territorial body of internal affairs of Ukraine (in the presence of control and accountability to the territorial community).
The units of the municipal guard should be formed in accordance with the general process of reforming the ATS in order to create an effective system of protection of the population at the local level in the conditions of decentralization. Thus, the ML should assist in the effective work of the new service of the National Police Police Officers (to become a personnel base for it), as well as KORD detachments (special police detachments for counter-terrorism, banditry, and police force operations). For example, today a number of regions are already operating a new one - "bush" - organizing the work of the police and groups of rapid response, and the emergence of associations of MF should provide a new quality system of population services in rural areas.
Following these principles, in January 2016 the Minregion appealed to the National Police of Ukraine with a proposal to consider, during the formation of its system, the possibility of establishing representative offices of district policemen in the united territorial communities.
Creation of the above-mentioned missions takes place in the context of the draft Law of Ukraine "About the municipal guard". In the system of the National Police there are such concepts as police station. This refers to the service space provided to the district police officer (DOP) in order to fulfill his assigned law enforcement tasks within the police station.
The pilot project on the creation of special police stations started 3 March 2016 in Buchach district of the Ternopil region. In the center of the united community - village Golden Stream - the first police station started to work jointly with policemen and representatives of local self-government bodies.
Subsequently, for the first time in the history of the newly formed National Police, the community itself elected a candidate to the position of a district police officer and sent him to the competition. Yaroslav Sivak fully met the aspirations of his fellow villagers - he passed all tests, studies and returned to his native village as a precinct Narkevitskaya OTG, which is in the Khmelnytsky region.
Similar projects are being implemented in the process of creating new OTGs, but they have not yet become a system.
Legislative unresolved issues regarding municipal guard, the lack of a single vision in the leadership of the Ministry of Internal Affairs and the Parliament on the format of law enforcement in the LGS (system of cooperation, coordination and control) has a number of significant challenges for the state. It is about politicization of the process of involving citizens (public organizations and initiatives) in ensuring law and order, discrediting the reform of the National Police and the overall system of the Ministry of Internal Affairs.
2.2 "National Wives" as a precedent
28 On January 2018 in the center of Kyiv, a demonstration action of the "National Wives" movement took place, which aroused concern in Ukrainian society and abroad. The promotion looked like an official presentation of the new organization in order to attract the attention. Around 600 of young people (part of them with closed faces) in the same form of gray-blue coloring with the stamps "National Wives" passed the central street of the city. There were no slogans or attributes of any political party. At the end of the action, its members read an oath of allegiance to the Ukrainian nation. Many perceived this as an act of intimidation of society, as well as a clear signal to the authorities.
In the case of the "National Wives", we are dealing with the example of the most systematic and organized involvement of veterans of the volunteer movement (in this case, first of all, the fighters of the regiment "Azov", which is structurally part of the National Guard of Ukraine) are in a particular political project. At the same time, based on the youth of the overwhelming majority of the members of the "National Wives", a system of feedback was created in Azov, when a mobilization reserve for the combat unit is being prepared on the basis of the new organization.
"Personnel of the organization are former combatants, patriotic youth and indifferent citizens sharing our desire to improve the security situation in the state" - informs the official site of "National Wives". The same goes for the fact that the reasons for the organization's emergence were the danger on the streets, the threat of a full-scale invasion, social depression, the threat of raider attacks, and the "National Wives" are engaged in the protection of public order, the defense of Ukraine, the protection of small and medium businesses and promote a healthy lifestyle.
According to the representative of the party "National Corps" Roman Chernyshova, public organization "National Wives" was founded at the beginning of 2017 year. It consists of about 1000 people, the organization has offices in the 13 areas and is actually the branch of the "National Corps" party of Andrei Biletsky.
The commander of the "National Wives" according to the official site of the organization is Igor Mikhailenko (callous - "Cherkasy"), a veteran of the Azov regiment. He has long-standing friendly ties with Andrei Biletsky. The founders of the legal entity of the NGO "National Wives", registered in Kyiv, are three veterans of the Azov regiment: Igor Kashka, Artem Klimin and Maxim Klymko. The manager also recorded the veteran "Azov" - Igor Bober. According to him, in Kiev, the "National Wives" still have the status of a public organization, but in other cities, for example, Lutsk and Cherkassy, they have the status of "public formations for the protection of public order" (as of February 1 in 2018), whose activities under the law should be controlled by local authorities of the Ministry of Internal Affairs.
Thus, "National Wives" is the development of the political project of Andriy Biletsky "National Corps". The appearance of "National Wives" was preceded by the following stages of the transformation of the political wing "Azov":
- 2015 р - the emergence and development of the socio-political movement "Civic Corps" Azov ";
- 2016 р. - Transformation of the movement "Civil corps" Azov "into the political party" National Corps ";
- March 2017 р. - signing of the National Manifesto on the unification of efforts with other nationalist parties to achieve political goals (the document was also signed by "Freedom", "Right sector", "Congress of Ukrainian nationalists", "Organization of Ukrainian nationalists" and organization "С14");
- the end of 2017 is the branch of the "National Wives" movement from the "National Corps".
Despite his youth, "National Wives" had time to celebrate at the end of 2017 - the beginning of 2018 in a series of incidents and conflicts with the police. For example, the representatives of the "National Wives" came to the Cherkasy City Council meeting and, in fact, were forced to accept the local budget for 2018 year. Some of the deputies refused to vote, but activists in camouflage and black masks warned that no one would be released until the financial document was adopted. It turned out that activists of "National Wives" are expected to use the support of the local branch of the "National Corps" party, as well as the Coordinating Council of ATO participants (Anti-terrorist operation) Cherkasy region