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DOI: https://doi.org/10.30525/2256-0742/2024-10-2-24-32
ORGANISATIONAL AND LEGAL FRAMEWORK FOR THE IMPLEMENTATION AND FINANCIAL SUPPORT OF INTERACTION BETWEEN LOCAL SELF-GOVERNMENT BODIES AND THE POLICE UNDER MARTIAL LAW
Andriy Basko1, Roman Myroniuk2, Mykola Kotelyukh3
Abstract. The article examines the organisational and legal framework for implementing certain projects of interaction between local self-government bodies and the police under martial law, and identifies the specifics of their financial support. The purpose of the study is to identify promising projects of cooperation between local self-government bodies and the police and other authorities in creating a secure environment and the means of their organisational and economic support. The objectives of the research are to clarify the legal basis and forms of cooperation between local self-government (LSG) bodies and the police in the area of ensuring the vital activity of the region; to identify promising projects of cooperation between local self-government bodies and the police and other bodies in creating a secure environment that have been implemented and are planned for implementation and ways to finance them. The methodological basis of the paper is the dialectical method, the application of which allowed to comprehensively reveal the nature of forms and methods of interaction between local self-government bodies and the police. The study established that the interaction of the National Police of Ukraine with other public security entities during the anti-terrorist operation should be understood as an activity based on legislative and by-law regulations and coordinated in terms of objectives, time and place of conduct between entities directly involved in the fight against terrorism, arising from the organisational activities of specially created coordination bodies, and other equal and independent state bodies, local self-government bodies and the public with the aim of their coordinated functioning to protect the rights, freedoms and security of citizens, prevent and suppress terrorist acts and other offences through the most appropriate combination of forms and methods inherent in these subjects. It is found that, taking into account the analysis of positive foreign experience, it is advisable to develop a model programme of interaction of local self-government bodies at the regional level with the police and other authorities to create a secure environment in Ukraine, which should define: the legal basis for interaction; areas of interaction; forms, means and methods of interaction; and the procedure for joint financing of security programmes of interaction in this area.
Keywords: martial law, security environment, local self-government bodies, police, projects of cooperation between local self-government bodies and the police, law enforcement under martial law, financial support for cooperation.
JEL Classification: R11, K23, O47
1. Introduction
Creating the right conditions for a secure environment in Ukraine during the period of military operations aimed at protecting the territorial integrity and independence that have been going on for more
than two years is impossible without systematic and effective interaction between local self-governments (hereinafter - LSG), the public and law enforcement agencies in general, and the National Police in particular. The effectiveness of such interaction directly depends
1 Zaporizhzhia National University, Ukraine E-mail: [email protected]
ORCID: https://orcid.org/0009-0007-9858-257X
2 Dnipropetrovsk State University of Internal Affairs, Ukraine (corresponding author) E-mail: [email protected]
ORCID: https://orcid.org/0000-0002-9620-5451
3 National Police of Ukraine, Ukraine E-mail: [email protected]
ORCID: https://orcid.org/0000-0003-3640-6793
This is an Open Access article, distributed under the terms of the Creative Commons Attribution CC BY 4.0
on the quality of the legal framework that defines the forms, means, methods of interaction and guarantees of the exercise of powers of each of the subjects of interaction, as well as on its proper organisation and, most importantly, on the economic feasibility of interaction and its ultimate positive examples tested under martial law.
In this regard, the issues of accumulation and development of effective forms of cooperation between local self-government bodies and the National Police in the context of war remain relevant for Ukraine and require scientific generalisation, which is the purpose of the research in this article.
In particular, the following scholars have studied the issues of certain forms of interaction between local self-government bodies and the National Police in Ukraine: O. Bandurka, V. Barba, O. Batrachenko, O. Volokitenko, A. Kryshchenko, M. Korniienko,
0. Muzychuk, M. Loshytskyi, T. Pluhatar V. Sokurenko and others. The current problems of local self-government in the context of military rule and forms of interaction with the police and other law enforcement agencies to create a secure environment were studied by E. Titko, O. Sikorskyi, M. Anufriiev, V. Shevchenko, T. Tarasenko and others. Foreign authors have devoted their works to the study of the problems of interaction between local self-government bodies and other public authorities and the public: B. Brezovnik,
1. Hoffman, Ja. Kostrubiec, M. Charrad, P. Emese, M. Kaspar, N. Slavinskaite, C. Kosikowski and others (Brezovnik, Hoffman, Kostrubiec, 2021; Charrad, 2011; Emese, 2018; Kaspar, 2006; Slavinskaite, 2018; Kosikowski, 2006).
At the same time, the coverage of certain effective forms of interaction between local authorities and the police in the field of ensuring the vital activity of the region and creating a secure environment under martial law was carried out in a fragmented manner, which necessitates a systematic study of them.
Thus, in order to achieve the research goal of identifying promising projects of cooperation between local self-government bodies and the police and other authorities in creating a secure environment and the means of their organisational and economic support, the following research tasks are planned to be carried out: to clarify the legal grounds and forms of cooperation between local authorities and the police in ensuring the vital activity of the region; to identify promising projects of cooperation between local authorities and the police and other bodies in creating a safe environment that have been implemented and are planned for implementation and ways to finance them.
2. Organisational and Legal Principles of Interaction between Local Self-Government Bodies and the Police in the Field of Ensuring the Vital Activity of the Region under Martial Law
The analysis of the legal framework for the activities and interaction of LSG and the police makes it possible to distinguish two levels of legal acts: 1) those that regulate their legal status and the procedure for interaction in peacetime; 2) those that define certain areas and the procedure for their interaction in wartime.
The first group of legal acts includes: the Constitution of Ukraine, the Laws of Ukraine "On Local Self-Government in Ukraine", "On the National Police", "On the Participation of Citizens in the Protection of Public Order and the State Border", the Code of Administrative Offences, the Civil Protection Code of Ukraine and a number of other laws and by-laws, including local ones, adopted by local self-government bodies themselves (The Constitution of Ukraine, 1996; The Law of Ukraine "On Local Self-Government in Ukraine", 1997). For example, Article 26 of the Law of Ukraine "On Local Self-Government" stipulates that the competence of village, town and city councils includes the approval of programmes for the socioeconomic and cultural development of the respective administrative units, as well as targeted programmes on other local self-government issues, including the issues of ensuring the security of the hromada, although this is not explicitly stated. The Law of Ukraine "On the National Police" regulates certain provisions on the interaction of local self-government bodies with the National Police (hereinafter - the police), in particular, according to Article 5 of this Law, "the police shall ensure that local self-government bodies are constantly informed of their activities in the field of protection and defence of human rights and freedoms, combating crime, ensuring public safety and order"; Also, the need for such interaction is declared in Article 11 of this Law, which states that "police activity is carried out in close cooperation and interaction with the population, hromadas and public associations on the basis of partnership and is aimed at meeting their needs" (The Law of Ukraine "On the National Police", 2015). It should be noted that the Law of Ukraine "On the National Police" does not regulate the forms and methods of interaction between the police and other public authorities; some forms of such interaction are defined in Section VIII of the Law "On Public Control of the Police", in particular: Article 88(1) of the Law stipulates that heads of territorial police bodies must hold open meetings with representatives of local self-government bodies at the level of regions, districts, cities and
villages at least once every two months in order to establish effective cooperation between the police and local self-government bodies and the population; Article 9(2) of the Law states that "the police leadership shall constantly inform state authorities and local self-government bodies, as well as the public, about its activities in the field of protection and defence of human rights and freedoms, combating crime, and ensuring public security" (The Law of Ukraine "On the National Police", 2015).
The second group of legal acts includes: the Law of Ukraine "Law on the Legal Regime of Martial Law", the Law of Ukraine "On Defence of Ukraine" (The Law of Ukraine "On Defence of Ukraine", 1991); the Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine" (The Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine", 2022); the Resolution of the Cabinet of Ministers of Ukraine "On the Introduction and Implementation of Certain Measures of the Legal Regime of Martial Law" (The Resolution of the Cabinet of Ministers of Ukraine "On the Introduction and Implementation of Certain Measures of the Legal Regime of Martial Law", 2020); the procedure for checking documents of persons, inspecting belongings, vehicles, luggage and cargo, office premises and housing of citizens in the course of ensuring the measures of the legal regime of martial law, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1456 of December 23, 2021 (The Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Checking Documents of Persons, Inspection of Things, Vehicles, Luggage and Cargo, Office Premises and Housing of Citizens in Ensuring the Measures of the Legal Regime of Martial Law", 2021).
In particular, according to Article 15 of the Law of Ukraine "On Defence of Ukraine", local self-government bodies in the field of defence work provide: training of citizens for military service, as well as general military training in wartime; registration of citizens to recruiting stations, military registration of conscripts, persons liable for military service and reservists; conscription of citizens for regular military service; sending citizens to training (or testing) and special training camps; organisation and participation in the implementation of measures related to mobilisation training, territorial defence and civil protection in the respective territory; reservation of persons liable for military service for the period of mobilisation and wartime; mobilisation of human, transport and other resources in a special period; control over the use and protection of land, water and other natural resources provided in accordance with the established procedure for defence needs in accordance with the law; resolution, in accordance with the law, of issues related to the provision of office premises, living space and other facilities to units, institutions, educational establishments of the Armed
Forces of Ukraine and other military formations established in accordance with the laws of Ukraine, and law enforcement agencies, as well as control over their use, provision of utility and other services; organisation of production and supply of ordered products, energy and other resources to the troops by municipally owned enterprises and organisations; assistance in maintaining the appropriate regime in the border area and in controlled border areas; implementation of measures on military-patriotic education of citizens of Ukraine; exercise of other powers in the field of defence work provided for by law (The Law of Ukraine "On Defence of Ukraine", 1991).
In accordance with the Law of Ukraine "On the Legal Regime of Martial Law", the National Police facilitates the activities of the military administration, courts, prosecutors, and judicial authorities during the period of martial law; reports to the military administration on the legal situation in the respective territory, fights crime, and ensures the protection of public order and the results of its activities (The Law of Ukraine "On the Legal Regime of Martial Law", 2015).
In addition, certain powers of the police during martial law were clarified and somewhat expanded within the framework of compliance with constitutional norms by the relevant Law of Ukraine of 15 March 2022 "On Amendments to the Laws of Ukraine 'On the National Police' and 'On the Disciplinary Statute of the National Police of Ukraine' in order to Optimise Police Activities, Including During Martial Law" to improve the activities of the police, in particular, this Law defined additional coercive measures, which police officers have the right to use during martial law, in particular, to use in their activities such technical means as unmanned aerial vehicles and special technical means to counter their use, as well as specialised software for analytical processing of photo and video information, including for identifying persons and vehicle number plates (The Law of Ukraine "On Amendments to the Laws of Ukraine 'On the National Police' and 'On the Disciplinary Statute of the National Police of Ukraine' in order to Optimise Police Activities, Including During Martial Law", 2022).
The Resolution of the Cabinet of Ministers of Ukraine No. 573 dated 08 July 2020 "On the Introduction and Implementation of Certain Measures of the Legal Regime of Martial Law" sets out the procedure for implementing measures during the introduction of curfews and the establishment of a special light camouflage regime in certain areas where martial law has been introduced, specifically, the procedure for cooperation between local authorities and the police on the establishment of checkpoints, ensuring the regime of entry and exit to the territory of settlements during the curfew, etc. (The Resolution of the Cabinet of Ministers of Ukraine
"On the Introduction and Implementation of Certain Measures of the Legal Regime of Martial Law", 2020).
3. Current Forms of Interaction between Local Self-Government Bodies and the Police in the Field of Ensuring the Vital Activity of the Region under Martial Law
In previous studies, based on the analysis of the legislative framework for the activities of the police and local self-government bodies and mechanisms, it has been concluded that the most relevant forms of their interaction under martial law at the regional level are as follows:
- Interaction of the police with public order protection units, Territorial Defence Forces, and the National Guard (in cities, towns, and amalgamated hromadas) in the de-occupied territories, areas close to military operations, and in areas where forced evictions are taking place;
- interaction with the National Guard and Territorial Defence Forces to organise the verification of documents of persons to establish their identity and cargo documents within the checkpoint - a road fortified checkpoint with armed guards capable of maintaining a circular defence on its own;
- carrying out patrols of streets, parks, adjacent territories, and equipped shelters to detect explosive objects;
- conducting operational and investigative activities aimed at identifying persons responsible for targeting the aggressor's weapons and energy and life support facilities (within the scope of such facilities);
- holding explanatory work in educational institutions on actions to be taken in case of detection of firearms and explosive devices;
- interaction with the National Guard and the Territorial Defence Forces (hereinafter referred to as TDF) to organise the verification of documents of persons to establish their identity during the curfew;
- organisation of access to shelters and ensuring the safety of people in them;
- interaction of the police with the territorial bodies of the Security Service of Ukraine and LSG to detect collaborative activities;
- cooperation of the police with the prosecutor's office and the Security Service of Ukraine on pretrial investigation of war crimes (Basko, Nestertsova-Sobakar, Kaliman, 2024).
4. Promising Projects of Cooperation between Local Self-Government Authorities and the Police and Other Bodies to Create
a Safe Environment and Ways ofFinancing Them
The projects of cooperation between local governments and the police and other bodies to create a secure environment should be divided into
those implemented before and after Russia's full-scale invasion of Ukraine. Below, it is advisable to analyse the conditions and procedure for implementing these projects, and to assess the quality of their implementation to date and in the near future.
The Safe City project. The Safe City integrated system is designed to automate and solve the most important tasks of modern cities. First of all, it provides technical support for public security and emergency services. The Safe City programme includes: real-time, round-the-clock monitoring of the situation on the streets and facilities of the city; video and audio archiving; automatic notification of emergency situations to relevant services and organisations, providing visual information from the locations of TV cameras; restoring the course of events based on recorded video materials; and integrating video information with information from other automated systems of the city's infrastructure. The implementation of the Safe City programme allowed to: maximise safety on the city's streets and roads; cover the city's main thoroughfares, intersections, and venues for public events; improve traffic management in the city; resolve road traffic disputes more quickly and reasonably; effectively combat criminal and terrorist threats; and monitor and control the situation in the courtyards of apartment buildings, entrances, and elevators. Ukrainian cities are joining the Safe City and Smart City programmes, which were introduced in 1996 at the UN level, in particular on the basis of the UN-Habitat Urban Safety Programme. As of 2020, this programme operated in 77 cities in 24 countries, and today it has been implemented in the capitals and major cities of almost all European countries (United Smart Cities, 2015).
The main objective of the Safe City programme is to create opportunities for prompt monitoring of the situation in public places and vehicle routes through CCTV cameras, monitoring the operation of urban infrastructure components, informing citizens about the security situation, including alerts and information on the location of the nearest shelters.
The most important tasks of the Programme today are:
1) Video surveillance of public places and strategic infrastructure facilities - ensuring the safety of citizens, preventing public order violations, including in crowded places, protecting vital, strategic and dangerous facilities, and collecting evidence in case of offences;
2) installation of devices with additional functionalities that contribute to security, such as warning sensors, face and licence plate recognition systems, police call buttons, loudspeakers for informing the public, and so forth;
3) ensuring prompt communication between local self-government bodies and police services, the State Emergency Service, ambulance services, and private
security structures in order to respond to violations of public order, crimes that infringe on the health and property of citizens and cause damage to municipal property.
The Safe City programme has been implemented in many Ukrainian cities and towns. Odesa, Kharkiv, Dnipro, Kyiv, Vinnytsia, and Mariupol were the first to be implemented, and today it is being implemented at the level of cities and towns as well as in amalgamated hromadas (AHs). Such programmes are part of the Economic and Social Development Programmes of the city (town), AH, which are approved at the plenary sessions of local councils (Art. 26(1) (22), Art. 27(1)(a), Article 43(1)(16) of the Law of Ukraine "On Local Self-Government in Ukraine"). For example, the Programme of Economic and Social Development of Mariupol for 2020 envisaged, among other things, the allocation of subventions for the purchase of technical equipment to improve the hardware and software surveillance system of the Unified Analytical Service Centre of the Main Department of the National Police in the Oblast, the purchase of technical equipment for the Patrol Police Department, and the repair of premises for police stations (The Decision of the Mariupol City Council "On the Programme of Economic and Social Development of Mariupol for 2020", 2019). Similar programmes have been approved in other regions.
At the same time, the practice of preparing such targeted programmes is currently disordered. Thus, in some cases, the initiators and main developers of such programme documents are the relevant territorial police bodies, while in other cases, programme documents are developed by the executive bodies of local councils. Different approaches are used to define the names of these programme documents, their structure, content, circle of main executors and co-executors, etc. The quality of the approved programmes varies: some are quite substantive, while others are rather formal and contain significant shortcomings.
Analysing the practice of exercising the powers of local governments to approve targeted programmes aimed at developing a safe environment, U. Shadska, head of the Hromada Security Initiative of the Expert Centre for Human Rights, stated that such programmes are currently in place in almost every hromada, but their effectiveness is questionable. This is primarily due to an outdated approach to programme development, content and implementation. In particular, the focus is mostly on crime prevention (criminal and administrative offences), but does not take into account a large number of possible or existing threats to the local population (Shadska, 2018).
Developing this thesis, U. Shadska notes that in countries such as the Czech Republic, Poland, the United Kingdom, Lithuania, and Spain, almost all local authorities, including law enforcement agencies,
are required to develop security programmes. Such programmes are based on public opinion research, operational and statistical data on potential or existing threats.
The main focus is on identifying (comprehensive analysis), creating a mechanism for preventing and solving specific security problems in a particular area. Strategic goals and objectives of the programme are determined on the basis of priorities that need to be implemented over a certain period of time. There can be several programmes in a region, depending on the size of the territory, population density and the overall security situation, so an individual approach is used. The circle of actors responsible for patronage, funding and action is also determined in advance and may change depending on the results achieved, so there is a system of periodic evaluation of the programme's objectives. As an example, the researcher cites the Gdansk City Safety Programme (Republic of Poland), which was developed with the opinion of residents and covers such components as crime prevention; safety in public places and places of residence; safety of vulnerable groups; prevention of domestic violence; school safety; road safety; environmental safety; fire safety; preventive measures; prevention of infectious diseases; and combating drug and alcohol addiction (Uchwala nr XVIII/538/16 rady miasta Gdanska z dnia 28 stycznia 2016 roku).
Taking into account the positive experience of other countries in preparing programme documents on hromada security may be useful for Ukraine. At the same time, the approval at the national level of the Methodological Recommendations for the Development, Approval and Monitoring of Regional and Local Programmes on Public Safety and Law Enforcement may help to improve existing approaches to planning and programming in this area. Such methodological recommendations should include, in particular, an exemplary structure of these programmes, taking into account the need to maintain safe conditions in various spheres of life of hromadas. Given the range of tasks and powers of central executive authorities, it is advisable to approve such Methodological Recommendations by a joint order of the Ministry of Internal Affairs of Ukraine and the Ministry of Hromada and Territorial Development of Ukraine.
The Community Police Officer project. One of the means of establishing cooperation between local self-government bodies and law enforcement agencies to ensure public safety of hromadas is the creation of relevant interagency collegial bodies (commissions, working groups, etc.) at LSG bodies, which include representatives of various bodies and services. In particular, the Law of Ukraine "On Local Self-Government in Ukraine" (Article 38(1)) places the establishment of commissions on combating crime and
the direction of their activities under the jurisdiction of executive bodies of village, urban settlement and city councils. By exercising their powers to facilitate the activities of the prosecutor's office, the Security Service, and the National Police, local governments indirectly affect the state of public safety in their hromadas. An example of such assistance is, in particular, the participation of local governments in the implementation of the Community Police Officer project, launched in 2019 at the initiative of the National Police of Ukraine. The main goal of this project is to provide each hromada with a separate police officer who will not only work in the territory of a particular hromada, but also live there. The main tasks of a Community Police Officer are to focus on the needs of the local population, maintain constant contact with residents, ensure order in their territory on a daily basis, respond to hromada problems in a timely manner and prevent crime. Under the terms of the project, with the support of amalgamated hromadas and donor funds, a hromada police officer receives an equipped office and workplace, a company car, fuel and lubricants, and so forth ("Community Police Officer" project launched in Ukraine, 2019). In order to create favourable conditions for the work of community police officers, local governments in the areas where the project is being implemented adopt legal acts to establish cooperation with police officers. For example, the decision of the Ichnia City Council approved the Community Police Officer Project for 2020-2021, which provides for a set of measures to be taken at the local level to support the activities of a police officer in the Ichnia Urban Hromada. The project stipulates that the hromada informs community police officers about security problems and contributes to the prevention of offences by creating conditions that are uncomfortable and dangerous for offenders; using modern technologies to reduce the number of offences; creating a safe road environment in the hromada and combating traffic violations; helping the elderly and preventing offences against them; establishing patrol routes based on hromada opinion; combating negative social phenomena (alcoholism, drug addiction); promoting a healthy lifestyle; and preventing offences in the area of landscaping; legal education of children and adults; combating cruelty to animals; searching for missing children and adults who have lost their way. To create conditions for the effective performance of duties by a community police officer, funding is provided at the expense of the local budget for the following measures: purchase of office equipment; furnishing of offices; purchase of a vehicle; purchase of fuel and lubricants for the official vehicle of a community police officer; payment for maintenance and routine repair of vehicles, installation and maintenance of additional equipment for the official vehicle of a community
police officer (The Decision of the Ichnia City Council "On Approval of the Community Police Officer Project of the Ichnia Urban Hromada for 2021-2023", 2021). Such cooperation between local governments and the police is in line with the European practice of establishing police cooperation with the public and local authorities for the sake of a common safe space.
Financing of community policing activities. According to Art. 105 of the Law of Ukraine "On the National Police" of 02.07.2015 No. 580-VIII, the funding and logistical support of the police is provided by the State Budget of Ukraine and other sources not prohibited by law. At the same time, as stated in Article 105(5) of the Law, executive committees of village, urban settlement and city councils provide police bodies and units with office premises equipped with furniture and communication facilities, transport and other material and technical means free of charge. As noted above, within the framework of the Community Police Officer project, local programmes for the implementation of the Community Police Officer project for a particular budget year were adopted as part of the approval of programmes for the socioeconomic and cultural development of the relevant administrative units, as well as targeted programmes on other local government issues, as provided for in Article 26(1)(22) of the Law of Ukraine "On Local Self-Government in Ukraine" of 21.05.97 No. 280/97-VR. And given that police activities are financed from the state budget, the most acceptable option for financing this project is to provide a subvention from the local budget to the state budget as part of the implementation of local programmes. Upon receipt of these revenues (interbudgetary transfers for the implementation of programmes of socio-economic and cultural development of the regions), the administrator of the state budget funds must make changes to the special fund of the budget in terms of revenues and relevant expenditures according to the procedure established for making changes to its own revenues. In the accounting of the state budget execution, these transactions should be reflected as revenues under the budget classification code 41010600 "Subvention from the local budget to the state budget for the implementation of programmes of socio-economic and cultural development of regions" (Community Police Officer: Who Finances and How?, 2022).
The project "Police Officer for the Protection of Educational Institutions". A new form of cooperation between local governments and the police is the creation and implementation of the project "Police Officer for the Protection of Educational Institutions". Since the beginning of the armed aggression on the territory of Ukraine, the issue of creating a safe environment in public places has become extremely relevant, especially in educational institutions of Ukraine
(primarily schools, lyceums, colleges) where children receive education.
On December 22, 2023, the Cabinet of Ministers of Ukraine approved the Resolution "On Amendments to the Categories of State-Owned Objects and Spheres of State Regulation Subject to Protection by the Security Police on a Contractual Basis".
This Resolution stipulates that state-owned and municipally owned educational institutions will be guarded by the security police. The Resolution supplements the categories of state-owned objects and areas of state regulation subject to protection by the security police on a contractual basis (approved by the Resolution of the Cabinet of Ministers of Ukraine No. 975 of November 21, 2018) with a new paragraph "19. State and municipal educational institutions". This expands the list of facilities that are subject to protection by the security police on a contractual basis.
At a government session on April 7, 2023, the Concept of Security of Educational Institutions was adopted. The Concept emphasises the need to address a number of security issues in educational institutions that are the responsibility of the National Police, namely:
- The lack of an established procedure for organising the protection of educational institutions, including with the involvement of security police (with the installation of an alarm system) connected to centralised monitoring and response points;
- failure to properly organise access control in educational institutions (fencing, stationary metal detectors, access control system);
- insufficient coverage of educational institutions with preventive police services aimed at preventing and deterring the commission of offences;
- ignorance of the rules of safe behaviour at home and traffic rules by participants in the educational process (The Order of the Cabinet of Ministers of Ukraine "On Approval of the Concept of Security of Educational Institutions", 2023).
One of the ways to create a secure infrastructure for educational institutions is to ensure the protection of educational institutions with the involvement of the security police in accordance with the established procedure, install an alarm system in educational institutions with connection to centralised monitoring and response points, install stationary metal detectors, arrange the necessary fences and take other infrastructure measures to ensure the security of educational institutions.
The task of the Concept of Safe Environment, which is entrusted to the National Police, is to strengthen the police presence in educational institutions with the provision of effective police services to prevent offences by and against participants in the educational process; to introduce a system of early warning and evacuation of participants in the educational process in case of an attack, risk of attack on an educational
institution or other danger; to implement an algorithm of actions in the event of dangerous situations, detection of explosive and other suspicious objects in educational institutions; to improve the regulatory framework in the field of public security in terms of increasing the effectiveness of prevention and prevention of offences in educational institutions.
One of the ways to implement this Concept, which is directly related to the activities of the National Police, is to introduce the position of a police officer for the protection of educational institutions, which will be created within the structure of the Security Police. The Security Police is a structural armed unit of the National Police of Ukraine, so it is competent to create safe learning environments. In conclusion, it should be noted that the introduction of the position of a police officer in educational institutions is one of the ways to implement the Concept of a Safe Environment. Such a police officer, together with educators, will carry out access control, ensure public order and safety, respond to requests or reports from students and teachers, and will be responsible for directing all participants in the educational process to shelters.
In conclusion, it should be noted that the introduction of the position of a police officer in educational institutions is one of the ways to implement the concept of a safe environment. The police officer, in collaboration with educators, will oversee the implementation of access control measures, maintain public order and security, respond to requests or reports from students and educators, and will be responsible for directing all participants in the educational process to designated shelters. The main tasks of such a police officer will be to identify violators of the rules of staying in an educational institution, take measures to stop their behaviour and bring them to justice; to provide participants in the educational process with information about the infrastructure facilities of the educational institution (bomb shelters, emergency exits, and so forth); to ensure that participants of the educational process have quick access to the bomb shelter; to take evacuation measures in case of detection of dangerous objects, threats to life and health of participants of the educational process; to take measures to prevent the use of alcohol (alcoholic beverages) and drugs in the educational institution; to take measures to prevent and stop bullying against a child in the educational institution and beyond; to take measures to prevent and stop violence against a child in the educational institution and beyond.
As for the financing of the project "Police Officer for the Protection of Educational Institutions", it should be funded from the state budget, with the possibility of further co-financing from local budgets. Thus, local taxes and fees make up the main financial resources of local governments, in particular, the
largest share in the total amount of taxes paid (43%) is personal income tax; 30% are revenues to local budgets from institutions in the areas of public administration, education and healthcare, trade and catering, transport, and parking; 17% is taxation on land, real estate and premium vehicles, while the remaining 7% to 10% is income tax, rent for the use of natural resources, excise tax on sales of excisable goods and fuel, fees for licences to sell alcoholic beverages and tobacco products, environmental tax and tourist tax (Which taxes are the largest contributors to local budgets: Analytical data of the State Tax Service of Ukraine for 2022, 2022). At the same time, as some experts correctly point out, "today the budget system of Ukraine does not sufficiently ensure compliance with the principle of financial autonomy of local self-government bodies, as the influence of local self-government bodies on the formation of their financial resources through local taxes and fees is very limited" (Barvinenko, Mishyna, Qaracayev, 2023). At present, almost all hromadas have expressed the impossibility of financing the activities of a police officer guarding an educational institution, as it requires about 35 thousand UAH, while a educator sometimes receives three times less, and a civil servant cannot be financed from local budgets.
6. Conclusions
Interaction of the National Police of Ukraine with other subjects of ensuring public security under martial law should be understood as activities based on legislative and by-law regulations, coordinated in terms of goals, time and place of conduct between subjects directly involved in the fight against terrorism, arising from the organisational activities of specially created coordination bodies, and other equal and independent state bodies, local self-government bodies and the public with the aim of their coordinated functioning to protect the rights, freedoms and security of citizens, prevent and suppress terrorist acts and other offences through the most appropriate combination of forms and methods inherent in these subjects. Taking into account the analysis of positive foreign experience in Ukraine, it is advisable to develop a standard programme of cooperation between LSG at the regional level and the police and other authorities to create a security environment, which should define: the legal basis for cooperation; areas of cooperation; forms, means and methods of cooperation; and the procedure for joint financing of security cooperation programmes in this area.
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Ensuring the Measures of the Legal Regime of Martial Law" of December 23, 2021, No. 1456. Available at: https://Zakon.rada.gov.ua/laws/show/1456-2021-%D0%BF#Text
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Received on: 10th of March, 2024 Accepted on: 21th of May, 2024 Published on: 10th ofJune, 2024
