Volume 11 - Issue 60
/ December 2022
39
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.60.12.4
How to Cite:
Ivanytsia , A., Yunin, O., Yunina, M., Bobrishova, L., & Shevchenko, S. (2022). Promising ways to improve training for police
service under martial law: administrative and legal aspect. Amazonia Investiga, 11(60), 39-46.
https://doi.org/10.34069/AI/2022.60.12.4
Promising ways to improve training for police service under martial
law: administrative and legal aspect
Перспективні шляхи поліпшення підготовки кадрів для служби в поліції в умовах
воєнного стану: адміністративно-правовий аспект
Received: December 5, 2022 Accepted: December 30, 2022
Written by:
Ivanytsia Andrii15
https://orcid.org/0000-0001-8818-5334
Yunin Oleksandr16
https://orcid.org/0000-0003-4846-2573
Yunina Maryna17
https://orcid.org/0000-0003-0311-4591
Bobrishova Liliia18
https://orcid.org/0000-0003-1022-4027
Shevchenko Serhii19
https://orcid.org/0000-0003-4133-8860
Abstract
The purpose of the article is to establish the ways
to improve administrative and legal provision of
police personnel training under martial law. The
subject of the research is the policemen
preparation. Methodology. The research
methodology covers a number of general
scientific and special scientific methods,
including: dialectical, analytical, logical and
semantic, system and structural, method of
documentary analysis, formal and legal method.
Research results. Strategic legal acts related to
the issues of police officers training are
considered, as for administrative and legal
training for the police it is necessary to have clear
guidelines established at the level of laws or by-
laws for the development of general police
training. Practical meaning. It is indicated that in
the availability of the police training strategy,
institutions of higher education with specific
learning conditions will be able to draw on
general provisions and trends during the
15
Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of General Law Disciplines of the
Educational and Scientific Institute of Law and Innovative Education of Dnipropetrovsk State University of Internal Affairs
(Dnipropetrovsk, Ukraine).
16
Doctor of Legal Sciences, Professor, Honored Worker of Science and Technology of Ukraine, the First Vice-Rector of
Dnipropetrovsk State University of Internal Affairs (Dnipropetrovsk, Ukraine).
17
Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Civil Law and Procedure of
Dnipropetrovsk State University of Internal Affairs (Dnipropetrovsk, Ukraine).
18
PhD in Law, Deputy Head of Training and Methodology Department of Dnipropetrovsk State University of Internal Affairs
(Dnipropetrovsk, Ukraine).
19
Candidate of Legal Sciences, Associate Professor, Director of the Educational and Scientific Institute of Distance Learning and
Advanced Training of Dnipropetrovsk State University of Internal Affairs (Dnipropetrovsk, Ukraine).
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development of training plans for future
policemen, policemen already in service. Value/
originality. It is concluded that such a regulatory
legal act can become a strategic legal act in the
form of the Personnel Policy Strategy of the
National Police of Ukraine. In turn, in
accordance with the Strategy, a Plan of measures
for its implementation should be developed. At
the same time, it should include implementation
of courses on premedical training, rules of
conduct in combat situations in the initial
training of police officers, in-service training and
postgraduate training courses.
Keywords: administrative and legal support,
extreme conditions, personnel, police service,
professional training, strategic legal acts.
Introduction
After the events of 2014, with the change of
Ukraine's foreign policy vector from formal to
real European integration and the establishment
of State institutions according to the standards of
Western liberal democracies, active reform of
law enforcement agencies began, and the
National Police of Ukraine was founded. The
changes affected not only the name, the exterior,
but also the philosophy of police activity and
functions. The police become a provider of
police services to the population; the «civilian»
component of the police service is being
significantly strengthened. The researchers
knowingly define the National Police
administration as an executive-administrative,
state-power activity on the organization and
exercise by the National Police of such functions
as protecting public order, ensuring public safety,
preventing and stopping offenses by
administrative and legal means and providing
public service services (Hlukhoveria, 2017,
p. 8).
But the foreign and domestic political situation in
Ukraine, military actions, -provide in the
strategic plan for amending the basic principles
of training police personnel with a focus on
preparation for the activities of the police in
combat or close to them; execution of police
tasks in front-line settlements or lands liberated
from occupation forces. This needs to be done
now because of the need for police involvement
in the performance of police tasks in de-occupied
settlements and communities where the threat of
mines will be significant, the population will be
highly likely to have a significant number of
firearms (and not as rifles or pistols, but as
automatic weapons, machine guns, grenades,
etc.), instead of organized crime, the presence of
enemy sabotage and intelligence groups under
high probability of artillery and rocket attacks; if
necessary, policemen should provide first
medical aid to citizens, which may not be
required as a result of traffic accident, but from
shrapnel or bullet wounds, mine explosions (for
example, the territory is actively mined by
Russian troops with PFM-1 mines "Petal", which
do not kill a person, but can tear off a limb).
Clearly, such service differs from the specifics of
police activities in peaceful cities, communities,
etc. And after the de-occupation of Ukrainian
lands, there will be a need to attract a significant
number of police officers to restore Ukrainian
sovereignty and power in Ukraine. Given that the
National Police is a body of executive power, its
activities and personnel training are clearly and
exclusively regulated by the rules of law, in
particular the rules of administrative law and
relevant legal instruments, it is important to pay
attention to the administrative aspects of ways to
improve the police officers training under martial
law.
Ivanytsia , A., Yunin, O., Yunina, M., Bobrishova, L., Shevchenko, S. / Volume 11 - Issue 60: 39-46 / December, 2022
Volume 11 - Issue 60
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Consequently, the purpose of the article is to
establish the ways to improve administrative and
legal provision of police personnel training under
martial law.
Methodology
The research methods were chosen taking into
account the object and subject matter of the
research, as well as based on the specifics of the
goal and defined tasks. The research
methodology covers a number of general
scientific and special scientific methods,
including:
dialectical method, the application of which
made it possible to determine the specifics of
personnel training under martial law, as well as
to determine ways to improve its administrative
and legal regulation.
Analytical method helped to determine the
problems related to the peculiarities of the
preparation of police officers taking into account
current situation in Ukraine.
Logical and semantic method was used in the
study of main definitions and concepts, as well as
during the justification of the need to make
changes to the current legislation.
System and structural method made it possible to
characterize professional training system of
police personnel in general and under martial law
and active hostilities in particular.
Method of documentary analysis was helpful in
revealing the shortcomings, gaps and
contradictions in the administrative and legal
regulation of policemen preparation and to
highlight the features of scientific organization of
service training.
With the help of formal and legal method,
directions for improving legislative governance
of the issue under consideration were proposed.
Literature Review
According to Seredinsky (2021, p. 26), personnel
training should be considered in a broad and
narrow sense:
− in a broad sense it is an element of personnel
policy, which is characterized by stages
related to selection for service, the process
of training in the educational institution the
realization of educational function (moral
education, inculcation of police ethics),
proper psychological adaptation to the
realities of the service (developing
psychological resilience to police work
conditions and psychological resilience in
extreme situations), etc.;
− in a narrow sense, it is pedagogical activity
during initial training, professional
qualification improvement of police
officers, retraining, teaching professionally
oriented courses for certain types of police
activity, as well as professional training
during service.
In opinion by Kireiev (2011), professional
training of police officers is an organized and
purposeful process of mastering and continuous
improvement of professional knowledge,
abilities and skills necessary for successful
performance of tasks assigned to the Ministry of
Internal Affairs, and is organized in accordance
with the procedure established by the legislation
of Ukraine. The system of professional training
of police officers, as a rule, consists of two main
blocks: stationary training, carried out in training
centers and educational institutions, and training
at the place of service, carried out in the course
of everyday official activities. The main elements
of the system of professional training of police
personnel are: initial professional training and
advanced training.
Kleygrewe, Oudejans, Koedijk and Hutter
(2022) state that training plays a key role in the
development of police officers. Because this
institution combines different educational
components and is governed by guiding
principles, police training is a sophisticated,
comprehensive subject.
Gutierrez (n.d.) stresses on the importance of
conflict management, which cannot be
undervalued. Police officers have to undergo
special training and obtain relevant knowledge to
manage their emotional and mental condition,
particularly in high stress situations.
Horton (2021) has investigated the amount of
time dedicated to policemen training in the most
developed countries and concluded that Finland
(5 500 hours) is the leader in this matter. Then
follow Germany (4000 hours), Australia (3500
hours), England (2500) and Canada (1000
hours).
Mkrtchyan et al (2020, p. 168) emphasize the
need for conducting regular police officers
trainings on keeping public order and providing
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public security, psychological and physical
training, analytical work, etc.
The effectiveness of ensuring the activities of the
National Police in the context of providing police
services in the sphere of guaranteeing public
safety and order depends on the quality of
administrative legislation (Matchuk &
Savranchuk, 2019, p. 69). The fundamental rules
regarding the requirements for police officer in
Ukraine are enshrined in the Law No. 580-VIII
"On the National Police" (2015), namely in the
Article 49 "Requirements for candidates for
police service"; Article 72 stipulates that
professional training consists of primary
professional training; training in higher
educational institutions with specific study
conditions; postgraduate education; service
training – the system of measures aimed at
consolidating and updating the necessary
knowledge, abilities and skills of a police officer,
taking into account the operational situation, the
specifics and profile of his (her) operational and
official activity. These components are detailed
in the Regulation of the Ministry of Internal
Affairs of Ukraine No. 105 “On the organization
of initial professional training of police officers
who were first recruited into police service in
2016” (Order No. 105, 2016), the Regulation of
the Ministry of Internal Affairs of Ukraine No.
1625 “On the organization of post-graduate
education of the National Police employees in
2015” (Order No. 2015), Regulation of the
Ministry of Internal Affairs of Ukraine No. 50
“On the organization of service training of the
National Police employees of Ukraine in 2016”
(Order No. 50, 2016) and other acts.
Results and Discussion
We consider it expedient to dwell on some
strategic acts dealing with matters of training for
police service, since in the matter of
administrative and legal provision of personnel
education, it is necessary to have clear guidelines
established by the relevant laws or by-laws. It is
worth to disclose a common definition of
strategic legal acts for a better understanding of
the problem. According to Kharchenko (2020,
p. 244), the concept of "strategic legal acts" is a
set of written legal acts that mostly contain
specialized legal rules, determining the basic
principles and directions of social or State
development in a specifically defined period,
approved by State authorities. In the scientific
literature, strategic legal acts are also interpreted
from two perspectives: firstly, strategic legal acts
are all acts identifying the direction of social and
state development: Basics of state policy,
Address of the President of Ukraine, Strategy,
Concept, Doctrine, Program, Plan (broad
approach); secondly, strategic legal acts
constitute only those legal instruments called
strategies.
Strategies as a type of legal act contains planning
norms based on a certain specific problem, the
general state of the problem in a specific area,
measures, order and means aimed at realization
of the problem, estimation of results and
mechanism of implementation. Such acts may
contain legal norms and organizational and
administrative rules at the same time, and
specific plans or programs, detailing and
clarifying the measures specified in the strategy,
containing the terms of the strategy's
implementation are already being developed on
the basis of strategic legal acts. Strategies can be
at the level of both legislation and by-laws
(Kharchenko, 2019, p. 244).
Therefore, if there is a training strategy for the
police or generally for law enforcement agencies,
the Ministry of Internal Affairs, institutions of
higher education with specific training
conditions, will be able to develop training plans
for prospective police officers, police officers
who are already in service, based on general
regulations and trends, tasks set in the strategy.
Thus, nowadays one of the main conditions for
training personnel for police service should be
the police preparedness in the context of martial
law, the proximity of the territory under control
to the theatre of operations, etc.
Several strategic legal acts concerning police
personnel have been implemented recently. In
2012, the Strategy of the State personnel policy
for 2012 – 2020 was adopted (Order of the
President of Ukraine No. 45/2012, 2012); this by-
law is currently no longer in force. The Strategy
defined the goal of the state personnel policy – to
provide all spheres of the State's vital activities
with qualified personnel for the realization of
national interests in the context of the
development of Ukraine as a democratic, social
state with a developed market economy. In 2017,
a strategic legal act related to the training of
personnel for the police was adopted – the
Development Strategy of the Ministry of Internal
Affairs for the period up to 2020 (Order of the
Cabinet of Ministers of Ukraine No. 1023-r,
2017).
The researchers, having characterized this
Strategy (which is in force), stressed that it is
oriented towards the standards of the European
community, establishment of a non-politicized
integrated administration, and these guidelines
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became the main points for the development of
personnel policy in the National Police. The
creation of a public space favorable for people
with a high level of personal safety, supported by
the effective work of police officers, aimed at
meeting the needs of community members,
immediate and expedient solutions to their
problems, prevention of emergency situations
that pose a personal or public threat, prevention
of the influence of dangerous factors on people’s
lives and stimulation of active participation of
citizens in maintaining public order, defined as
the strategic goal of the activities of all structural
units and employees of the system of the
Ministry of Internal Affairs of Ukraine" (Tanko
2020, p. 217).
The development of personnel potential and
social protection of employees is among the
priorities defined in the Strategy (Order of the
Cabinet of Ministers of Ukraine No. 1023-r,
2017). According to this act, it is supposed to
form a stable and highly professional personnel
of the bodies of the Ministry of Internal Affairs,
which is able to properly respond to challenges
and threats in the specified areas. Expected
results are presented as overcoming a number of
significant challenges, including destruction of
the professional core, insufficient staff of the
Ministry of Internal Affairs system; lack of an
effective and modern system of personnel
training, selection and management, transparent
mechanisms of career development, etc.
However, currently, among the main challenges
is preparing personnel for the police under
martial law, hundreds of kilometers of active
combat operations on the front, which concerns a
number of settlements, where it is necessary to
maintain law and order.
Researchers actively highlight the issue of the
specifics of the National Police's activities under
martial law, indicating the examples of such
collision line activities:
providing evacuation assistance (with significant
risk to life and health of police officers, there are
rescue operations such as those involving minors
in which parents have died from settlements in
the "gray zone" or settlements where artillery fire
is constantly taking place, and such operations
are more military than police);
policemen under artillery fire deliver
humanitarian cargo and aid to local residents of
those settlements where hostilities are taking
place;
police officers constantly receive and process
reports from citizens, bring criminal proceedings
against Russian military personnel, who
constantly commit offenses (which also involves
the presence of police officers in territories where
active hostilities are taking place and there is a
significant threat to the life and health of police
officers, which requires the ability to behave
correctly under hostilities). During the full-scale
aggression of the Russian Federation, the police
registered more than 53,000 criminal offenses,
initiated more than 550 criminal proceedings for
collaborationism (90 people have already
received reports of suspicion), detained 779
people on suspicion of subversive activities,
recorded almost 11,000 property crimes, more
than 10, 000 of which is theft. More than 2,300
suspects were identified. Over 2,800 "enemy
information channels" with a common audience
of mere 23 million users were blocked (Kovbasa,
Kusko & Drozd, 2022, p. 247; Мyslyva,
Nykyforova & Kuntsevych, 2021).
Under martial law and active hostilities, the
National Police performs general and specific
tasks of both protective and law enforcement
direction. The given information additionally
indicates the need to actively implement the
upgraded system of police officers training and
this applies to all components, namely primary
professional training, training in institutions of
higher education with specific conditions of
study, postgraduate and service training.
Therefore, an important aspect of police training
is to ensure personal safety of police officers
during the performance of tasks under martial
law, this is one of the important factors for the
performance of official duties. Ensuring personal
safety is the main function performed by police
officers, which can save life of the police officer
and even those who are rescued by the police in
the performance of their duties. Therefore, it is
necessary to establish a system of obtaining
practical skills also in terms of providing
emergency medical assistance, understanding the
processes that will occur in the body of the
victim. Such knowledge and skills must
necessarily be based on awareness of the risk of
being in extreme conditions, in particular, the so-
called "fire" contact with the offender
(Klymenko, 2022).
In 2019, the Action Plan for the implementation
of the Strategy for the Development of System
Bodies of the Ministry of Internal Affairs for the
period up to 2020 the regarding issues of police
training in extreme conditions was approved
(Order of the Cabinet of Ministers of Ukraine
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No. 693-r, 2019). According to this Plan, the
development of personnel potential and social
protection of the police employees lies only in
the establishment of special courses within the
educational disciplines regarding psychological
preparation for the performance of official duties
(carrying out service) in extreme (combat)
conditions. Under the circumstances, such
emphasis on police training is clearly
insufficient.
Thus, researchers Vaida and Kruhlyk (2022) in
the context of the system of professional training
of police officers and pedagogical conditions on
formation of the personality of the law enforcer
to effective actions in extreme conditions,
consider the essence of professional training as
the formation of preparedness of policemen to
protect public order, ensure public safety in
society, including in extreme conditions of
combating crime (military activity).
In turn, the preparedness of a law enforcement
officer to act in extreme conditions consists of
two main complex types: 1) general professional
preparedness; 2) special (service-combat,
extreme) preparedness. The second type of
special professional training of a policeman is
determined by the specifics of the complicated
conditions of service (especially under martial
law and hostilities). Extreme training of a police
employee, according to researchers, consists of
three components: 1) extreme training; 2) moral
and psychological preparedness for actions in
extreme conditions; 3) extreme development
(Vaida and Kruhlyk, 2022, p. 13).
With regard to the priority given to the training
of police personnel, one should focus on extreme
training, which involves the formation of police
officers' awareness of the mandatory
performance of professional tasks defined by
functional duties, as well as methods for their
effective solution; the presence of potential
extreme conditions; expected difficulties, ways
to overcome them, legal bases for the use of force
methods and weapons, characteristics of the
alleged enemy/offender; skills and ability to
qualitatively perform all necessary professional
actions in any difficult circumstances, including
the skills of group actions to solve tasks in
extreme conditions; experience in the use of
military tactics of detention and self-defense,
application of weapons and special means under
conditions of force and armed counter-action
against criminal elements; training in the
adequate perception of extreme conditions and
overcoming the psychological difficulties
connected with them; skills and abilities to
ensure personal safety; the ability to learn in
extreme conditions and take into account the
experience of professional actions of the best
police officers (Vaida & Kruhlyk, 2022, p. 15).
In the case of the formulation of a new Strategy
for the development of the bodies of the Ministry
of Internal Affairs and the creation of a
corresponding Plan for the implementation of the
Strategy, we consider it expedient in the section
on the promotion of personnel potential to
indicate as a priority not only the development of
special courses on psychological preparation for
the performance of official duties (carrying out
service) in extreme (combat) conditions in the
relevant educational programs, courses, modules
in institutions of higher education of the bodies
of the Ministry of Internal Affairs, but also
assistance for elaborating special courses within
academic disciplines for preparation for medical
treatment with an inclination to damage caused
by specificity of modern wars and combat
operations (as a result of injuries from mines,
remotely piloted aircraft, artillery shells, anti-
personnel mines, gunshot wounds from
automatic firearms, etc.); courses on the rules of
behavior and performance of the tasks assigned
to the police under hostilities. At the same time,
it is necessary to foresee in the Plan the tasks for
the implementation of the courses on the said
pre-medical training, rules of conduct in combat
conditions as part of the initial professional
training of police officers, service training and
postgraduate training courses. Special attention
should be paid to the rules of police actions under
conditions of radiation danger, use of chemical
weapons, etc.
A positive phenomenon in the issue of personnel
training for police service under martial law is
the developed and proposed typical programs of
primary military-professional training for
education seekers and employees of higher
education institutions of the Ministry of Internal
Affairs, rank-and-file and senior staff of the civil
protection service and police officers, such as the
one that was developed by the National Academy
of the National Guard of Ukraine, the
Department of Military Training of the National
Academy of Internal Affairs, the Department of
Military Training of Kharkiv National University
of Internal Affairs, approved by the Department
of Education, Science and Sports of the Ministry
of Internal Affairs of Ukraine in 2022.
For the sake of effective administrative and legal
support for personnel training under martial law
and performance of the tasks assigned to the
police in territories adjacent to active hostilities
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or directly in territories where active hostilities
are taking place, it is necessary to develop a new
legal act of a strategic nature and a corresponding
plan of measures for its implementation, which
will involve a systematic approach to preparing
for police service in the specified conditions.
Conclusions
Thus, according to the set goal and the conducted
research, we came to the following conclusions:
1) As a result of the full-scale aggression of the
armed forces of the Russian Federation in
Ukraine, the National Police of Ukraine
faced demands to perform their tasks in the
conditions of martial law and active
hostilities, which in turn implies a change in
approaches to professional training and
training of police officers and personnel for
police service.
2) Among the aspects of administrative and
legal provision of police personnel training
under martial law and active hostilities, it is
important to outline the rules that will
become a reference point and priority during
the development and changes of the system
of professional training for service in the
police. Such a legal instrument can be a
strategic legal act in the form of the
Personnel Policy Strategy of the National
Police of Ukraine. In turn, in accordance
with the Strategy and the Action Plan for the
Implementation of the Personnel Policy
Strategy of the National Police of Ukraine,
we consider it expedient in the section on the
promotion of personnel potential to indicate
as a priority not only the development of
special courses on psychological preparation
for the performance of official duties
(carrying out service) in extreme (combat)
conditions in the relevant educational
programs, courses, modules in institutions of
higher education of the bodies of the
Ministry of Internal Affairs, but also
assistance for elaborating special courses
within academic disciplines for preparation
for medical treatment with an inclination to
damage caused by specificity of modern
wars and combat operations (as a result of
injuries from mines, remotely piloted
aircraft, artillery shells, anti-personnel
mines, gunshot wounds from automatic
firearms, etc.); courses on the rules of
behavior and performance of the tasks
assigned to the police under hostilities. At
the same time, it is necessary to foresee in
the Plan the tasks for the implementation of
the courses on the said pre-medical training,
rules of conduct in combat conditions as part
of the initial professional training of police
officers, service training and postgraduate
training courses. Special attention should be
paid to the rules of police actions under
conditions of radiation danger, use of
chemical weapons, etc.
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