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UDC: 351.74:316.48
Rybaklycheva Olga Zainievna,
PhD of law, Associate Professor, Head of educational-methodical Department of the Academy of the Ministry of Interior of the Republic of Belarus (Belarus), Doctoral student of the Faculty of law, Belarusian State University, 220005, Republic of Belarus, Minsk, Masherov Ave, 6, tel.: +37529 34122 94, e-mail: [email protected]
ORCID: 0000-0002-8609-4495
Рибаключева Ольга Зайтевна,
кандидат юридичних наук, доцент, начальник навчально-методичного вiддiлу установи освгти "Академiя Мтютер-ства внутрштх справ Республжи Бшо-русь", докторант юридичного факультету, Бшоруський державний утверситет, 220005, Республжа Быорусь, м. Мтськ, пр. Машерова, 6, тел.: +37529 341 22 94, e-mail: [email protected]
ORCID: 0000-0002-8609-4495
Рыбаключева Ольга Зайниевна,
кандидат юридических наук, доцент, начальник учебно-методического отдела учреждения образования "Академия Министерства внутренних дел Республики Беларусь", докторант юридического факультета, Белорусский государственный университет, 220005, Республика Беларусь, г. Минск, пр. Машерова, 6, тел.: +37529 34122 94, e-mail: [email protected]
ORCID: 0000-0002-8609-4495
ARCHETYPE STRATEGY FOR SOLViNG SOCiAL CONFLiCTS iN WORK WiTH THE PERSONNEL OF THE BODiES OF THE iNTERNAL AFFAiRS OF THE REPUBLIC OF BELARUS
Abstract. The organizational and managerial and social conflicts in the work with the cadres in the internal affairs bodies of the Republic of Belarus are investigated, the possibility of their regulation by administrative and legal norms in the context of the archetypal approach.
Keywords: archetype, archetypal strategy, work with cadres, internal affairs bodies, administrative and legal norms, social conflicts, organizational and managerial conflicts.
АРХЕТИПНА СТРАТЕГ1Я ВИР1ШЕННЯ СОЦ1АЛЬНИХ КОНФЛ1КТ1В В РОБОТ З КАДРАМИ ОРГАН1В ВНУТР1ШН1Х СПРАВ РЕСПУБЛ1КИ Б1ЛОРУСЬ
Анотацiя. Дослвджено органiзацiйно-управлiнськi та соцiальнi конфлш-ти в робот з кадрами в органах внутршшх справ Республiки Бшорусь. Про-аналiзовано можливiсть !х регулювання адмiнiстративно-правовими нормами в контекст архетипного пiдходу.
Ключовi слова: архетип, архетипна стратепя, робота з кадрами, органи внутршшх справ, адмiнiстративно-правовi норми, сощальш конфлiкти, ор-ганiзацiйно-управлiнськi конфлшти.
АРХЕТИПНАЯ СТРАТЕГИЯ РЕШЕНИЯ СОЦИАЛЬНЫХ КОНФЛИКТОВ В РАБОТЕ С КАДРАМИ ОРГАНОВ ВНУТРЕННИХ ДЕЛ РЕСПУБЛИКИ БЕЛАРУСЬ
Аннотация. Исследованы организационно-управленческие и социальные конфликты в работе с кадрами в органах внутренних дел Республики Беларусь. Проанализирована возможность их регулирования административно-правовыми нормами в контексте архетипного подхода.
Ключевые слова: архетип, архетипная стратегия, работа с кадрами, органы внутренних дел, административно-правовые нормы, социальные конфликты, организационно-управленческие конфликты.
Target setting. The Internal Affairs Bodies of the Republic of Belarus (hereinafter 'the Internal Affairs Bodies') are part of the national security system of the Republic of Belarus. They are called upon to combat crime, protect public order and ensure public safety of the Republic of Belarus. The effectiveness of performed tasks by the Internal Affairs Bodies depends greatly on the professionalism and competence of staff of the Internal Affairs Bodies (hereinafter 'the Police Officers').
The optimization of the law enforcement bodies becomes increasingly important to develop new approaches to support ongoing organizational staff changes, resolution and minimize the consequences of social conflicts in
work with the personnel in the Internal Affairs Bodies in the current situation in the Republic of Belarus. Undoubtedly, work with personnel is one of the conflict-related types of activity, since it refers to the system of 'person-to-person' interaction. Regard to the activities of the Organs of Internal Affairs, work with personnel deserves special attention, because it is aimed at ensuring national security, improving the quality and efficiency of the tasks facing the Internal Affairs Bodies.
Analysis of recent research and publications. The subject of this article provides an analysis of existing researches in three areas. Firstly, the researches of archetypal issues in general and Archetypics in the field of juris-
prudence and public administration in particular deal with the interest to the problem. Secondly, the researches in field of Conflict logy in public administration including the notions of the concept of conflicts, their types, methods and methods of conflict resolution concerning the work with personnel also deal with this problem. Thirdly, the state personnel policy in the Internal Affairs Bodies and its administrative and legal support deal with this issue.
Researches of archetypal issues were carried out by scholars in the 19th century. The most authoritative on this issue are the works of Carl Gustav Jung [e. g., 1] who introduced the concept of archetypes, comprehensively analyzed them, substantiated the nature and origin of this social phenomenon, and also classified archetypes.
Analyzing modern research and publications devoted to the researches of archetypes, it is necessary to distinguish the works of the founders of Ukrainian School of Archetypics. The School was formed as an interdisciplinary scientific direction of research on archetypes: by sociologists both E. A. Afonina and E. A. Donchenko, psychodiagnostician L. F. Burlachuk, culturologist S. B. Krymskyi, historian A. Martynov and political scientist Yu. Romanenko.
The consideration of archetypal issues in jurisprudence was carried out by Russian scientists through the study of the phenomenon of the unconscious in legal reality (K. V. Aranovskyi, A. M. Velychko, A. V. Poliakov, A. P. Se-mitko, V. N. Siniukov, V. N. Chaika, I. L. Chestnov, and others). Recently, the original strategies for cognition of legal reality are increasingly being
proposed in the legal scientific community. Not only theoreticians of law, but also researchers of various branches of law, substantiate the necessity of using in the jurisprudence of previously not involved philosophical concepts and directions, the use of methodological means of comprehending the law, which differ significantly from the classical methodology at the same time.
The Belarusian scientist researches the issues of the methodology of the development of legal science are more actively carried out within the framework of the International Scientific and Methodological Seminar on Problems of Classical and Post-Classical Methodology of Legal Science. They have held on the basis of the Academy of the Ministry of Internal Affairs of the Republic of Belarus (Minsk), since 2012.
The problems of classical and post classical methodological approaches in contemporary epistemology (M. A. Mozheiko and T. I. Adulo); the possibility of using postclassical methodological approaches (A. V. Poliakov, I. L. Chestnov, A. V. Stovba and V. I. Pavlov) and classical methodological approaches (V. A. Tolstik and V. A. Kuchinskyi); theoretical-legal concepts in the knowledge of the law, the issues of implementation civili-zationally models of cognition in the development of modern state and law (S. A. Kalinin), the justification of axiological approach in jurisprudence (L. O. Murashko), law and ethics (B. V. Nazmutdinov), pragmatic understanding of law (M. V. Baitiieva), as well as scientific studies the branch of jurisprudence on the application of various methodological means of cog-
nition of legal reality (A. S. Alexandrov, A. V. Barkov, H. A. Vasilevich, S. Ye. Daniliuk, I. V. Danko, L. L. Zait-seva, L. I. Kukresh, V. V. Marchuk, L. A. Savenok, E. A. Sarkisova, etc.) were discussed in the framework of these seminars, researchers of not only Belarus, but also Russia and Ukraine. [2-4].
The problems of conflicts have been of interest to many researchers, since ancient times. Various branches of science like Philosophy, Psychology, Sociology, Conflictology, Management, etc. study diverse aspects of it. Recognition of the conflict as a natural and natural characteristic of social relations is one of the provisions of modern Conflicto-logy, established by social scientists as early as the 19th and the 20th centuries [e.g., 5].
Some scientists (L. H. Pochebut, Yu. P. Platonov, D. Houlman, and others) pay more attention to strategies of behaviour in conflicts when studying conflict interaction. Quite a lot of researches are devoted to social conflicts (A. H. Zdravomyslov, A. V. Dmitriev, H. I. Kozyriev, S. V. Sokolov, etc.) pay more attention to the management of conflicts in the Internal Affairs Bodies (B. F. Vodolazskyi, M. P. Huterman, A. V. Lipnitskii, A. N. Oleinik, A. P. Rez-van, Ye. Ye. Tonkov and others).
Investigating the problems of state administration and power, it should be noted the work of the outstanding scientist M. Weber [6]. He is acknowledged by many researchers as the 'Father' (Pater) of the Theory of Public Administration. The organization and passing of the civil service in general and the service in the Internal Affairs Bodies in particular as part of
the problems of public administration are the subjects of scientific researches of such scientists as Yu. Ye. Avrutin, V. N. Boiko, A. A. Demin, S. G. Dyrda, K. I. Kenik, Yu. P. Soloviei, A. H. Tik-ovenko, V. V. Chernikov, O. I. Chupris, T. V. Shchukin and others.
The analysis of the latest publications on the three areas indicated above, allows us to state that there is not any independent research on archetypal issues in law. The conflicts in the Internal Affairs Bodies arising when working with the personnel, as well as insufficient investigation of the possibility of regulation of conflicts by administrative and legal norms are remained little-studied.
The purpose of the article. The purpose of this article is to identify and justify the types of social conflicts that arise in dealing with the personnel in the Internal Affairs Bodies, the theoretical justification their regulation by administrative law in the context of the archetypal strategy.
The statement of basic materials. K. Jung's ideas had a significant impact on the study of archetypal issues in various branches of science. Today, approaches to understanding archetypes exist in many branches of science. They are used to understand Literature, History, Psychology and even Biology and Informatics.
The term 'archetype' consists of two ancient Greek concepts: 'arche' (primary) and 'typos' (image). K. Jung believed that there is a certain inherited structure of the psyche that has developed for hundreds of thousands of years. And this structure causes us to experience and realize our life experience in a particular manner. And this
certainty is expressed in what Jung called archetypes, which affect our thoughts, feelings and actions. At the same time, he denied the ideas that the person is completely determined by his experience, training and the impact of the environment, and singled out several following levels of the unconscious: individual, family, group, national, racial and collective unconscious. They includes universal archetypes for all times and cultures. Thus, according to the opinion of K. Jung, the archetype is the universal initial congenital mental structures that make up the content of the collective unconscious, recognized in our experience.
These basic provisions are the basis for understanding scientific and practical research and tendencies in the study of archetypics.
According to Yu. A. Antonian, an archetype is a separate collective psychological setting, which includes values, motives or ideas. These are models or schemes of an abstract nature, but acquire specificity in a culture or a subculture [7, p. 152]. V. N. Chaika defines archetypes as an element of the collective unconscious, which develops certain primitive images of law, which are schematic in nature and form the basis of human representations of legal reality [8, p. 7]. V. N. Huliakhin understands the reflection of the constantly recurring social experience in regulating the relations between people under the legal archetype [9].
Given the fundamental provisions of the archetypes proposed by K. Jung, the established approaches to the definition of law as a system of universally binding rules of behaviour that act as regulators of public relations, as well
as existing approaches to the definition of legal archetypes, in our view, the archetype in law is a formalized and reusable model of regulating legal relations. Formation or formulation and implementation of model-archetypes of legal behaviour will allow regulating legal relations effectively.
Summarizing the existing concepts in the field of studying the nature of the conflict, it should be noted that the most common approach to the concept of conflict is its understanding as a confrontation between parties that are aware of the opposite of their interests.
The Staff, acting within the authority of the position held, always act on behalf of the state, exercising authority and administrative powers, including the use of direct enforcement measures up to the use and use of firearms [10]. Realization by the Police Officers of these powers undoubtedly serves as the main conflict factor in the Police Officers' activities. On the one hand they protect law-abiding citizen, his life, health, rights, freedoms, protect public order and ensure public safety, on the other hand the Police Officers cause harm to the person contravening the law, public order and safety.
However, our research is aimed at identifying and regulating conflicts in the Police Officers' activities within the Internal Affairs Body, namely, when dealing with personnel in the Internal Affairs Bodies.
Work with personnel in the Internal Affairs Bodies involves forecasting, analysis and planning of personnel work; optimization of the organizational and staff structure of the Internal Affairs Bodies; professional selection, admission to the service of the Police
Officers and support of their passing service in the Internal Affairs Bodies (assignment to a position, Alternative Duties, transfer, extraregimental employment, award, granting vacation, cashierment, etc.), professional assessment and certification of the Police Officers, their professional training; work with the reserve of personnel to nominate; plan and stimulate the growth of the Police Officers. The issues of motivation and organization of operational activities, ideological work, management of conflicts and stress, ensuring the social protection of employees should include to this.
According to the theory of social change, any changes taking place in the organization (which are also the Internal Affairs Bodies) play a special role in the formation and development of the conflict [11, p. 344].
The discrepancy between the structure of the Internal Affairs Body or the staff number of the Police Officers for the requirements of operational and official activities arises when there is insufficient forecasting or lack thereof when creating, optimizing or reorganizing the Internal Affairs Body (its subbranch), and also due to the fact that the tasks which are solved by the Internal Affairs Bodies, the criminal situation, the social and economic conditions of life are changed, and necessary changes in the structure or the staff number are not implemented.
As a rule, any organizational and staff changes (reorganization or liquidation of the Internal Affairs Body (branch), changes in the structure and staffing structure, optimization of the number of personnel, etc.) are accompanied by an organizational and man-
agement conflict, because such changes are associated with the uncertainty of service prospects, the need to adapt to the new conditions of service, the new manager, as well as the heavy dismissal, enrollment or relocation of staff to another position, etc.
An erroneous management decision also objectively creates the possibility of conflicts between the chief and the Police Officer. Such conflicts can often cause injustice in the distribution of material and spiritual goods, the burden of work among the Police Officers and the imposition of penalties and rewards.
Social conflicts are the most common. Interpersonal conflicts, conflicts between a person and a group and inter-group conflicts are distinguished among social conflicts.
Interpersonal conflicts arise between the Police Officers and between the Police Officer and the Chief. So, the conflicts are also possible due as insufficient qualification of the Police Officer as both Chief and the Police Officers, because the mistakes made by him affect the interests of all who interact with him. The lack of close social interaction between the Police Officers of one and the adjacent branches of the Internal Affairs Bodies during solving numerous operational and official tasks. It also creates the basis for interpersonal conflicts among colleagues.
Interpersonal conflicts between the Police Officers and, first of all, in the presence of direct subordination, act as one of the main reasons for the dismissal of the Police Officers to the reserve at the end of the contract until the maximum age of service is reached.
The conflict between a person and group arises when the Police Officer
does not adhere to the norms of behaviour that have developed in the branch. A variation of such a conflict is the conflict between the Chief and the subordinate Police Officers. The conflict arises from the inadequacy of the leadership style, the adoption of disciplinary unpopular measures, etc.
Intergroup conflict arises between different branches of the Internal Affairs Body. Theoretically, the operational and official activities of all branches are aimed at solving common problems facing the Internal Affairs Bodies, but each branch has different interests. An example of an intergroup conflict is the disagreement between units performing tasks assigned to the Internal Affairs Bodies (Police, citizenship and migration branches, etc.), and branches providing tasks assigned to the Internal Affairs Bodies (headquarters, personnel, etc.). In addition, inter-group conflicts also entail the lack of objective criteria for assessing the operational and official activities of different divisions, bringing the activities of all units to a common denominator, and the distribution of organizational and material resources.
Due to a number of peculiarities of the service in the Internal Affairs Bodies (the established system of one-man management and subordination, strict regulation of operational and service activities, as well as the importance and social importance for the society of tasks solved by the Internal Affairs Bodies), where both organizational and managerial and social conflicts are not only the factors, directly affecting to the moral and psychological climate in the staff, the state of service discipline and the level of crime among the Police
Officers, and may entail consequences for the national security of society as a whole.
The management system and the possibilities for regulating conflicts by administrative and legal norms take play the important role in the resolution of organizational and managerial and social conflicts in dealing with personnel in the Internal Affairs Bodies. Thus, it is necessary to develop a model for carrying out organizational and staff changes in the Internal Affairs Bodies, as well as proposals and recommendations for the senior staff of the Internal Affairs Bodies to assignment the Police Officers to the positions, taking into account their personal and business qualities. At the same time, the approval of such a model, proposals and recommendations by the relevant organizational and administrative document (the Order or Order of the Minister of the Internal Affairs or the Deputy of the Minister of the Internal Affairs of Ideological Work and Personnel Support within the framework of the delegated powers) testifies to the possibility of forming and implementing archetypal models of legal behaviour, and also the possibility of regulating social conflicts when dealing with personnel according to the administrative and legal norms.
It is possible to form other models of legal behaviour according to the same scheme:
• Development of generalized social and professional indicators (for example, personal competence, personality compatibility, etc.) for the correct selection of a candidate for the relevant position;
• Substantiation of the management decisions taken in terms of minimizing
the likelihood of conflicts between performers at the stage of implementation of these decisions;
• Formation of the objective criteria for assessing the operational and official activities of various branches of the Internal Affairs Bodies;
• Development of regulatory procedures for the resolution of the typical pre-conflict situations, in work with the personnel in the Internal Affairs Bodies;
• Inclusion the management issues, dealing with work with personnel in the Internal Affairs Bodies into the Educational Programs of Advanced Training of Chiefs of All Levels of Conflict Management.
Conclusions. New approaches to understanding the right pay considerable attention to the development of the spiritual life of society, in which unconscious states and processes have a considerable effect. This circumstance necessitates the further research foundations of perceived legal situation and the influence of the unconscious level of human psyche, including issues of archetypics in law.
The effective resolution of organizational and managerial and social conflicts arising in the work with personnel in the Internal Affairs Bodies is possible through the formation (formulation) and introduction of archetypes models of legal behaviour. The further stage of the theoretical research is related to the process of detailed formation, substantiation and development of recommendations for the introduction of archetypes models of legal behaviour into the work with personnel in the Internal Affairs Bodies.
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