Home Affairs Ministry: Amendments to the National Guard Law Support Activities in Accordance with EU Experience



Home Affairs Ministry: Amendments to the National Guard Law Support Activities in Accordance with EU Experience

The bill “amending certain legislative acts of Ukraine concerning the improvement of the legal basis of the activities of the National Guard of Ukraine” will normalize its activities in accordance with European experience.

This was reported by the press office of the Interior Ministry.

As noted earlier, one of the most discussed changes concerns the right of NSU military personnel to report on administrative offenses. In particular, as specified in the Ministry of Internal Affairs, Bill No. 3105 defines the extension of the rights of officers and soldiers under the NSU contract for the prevention, detection and punishment of offenses.

These changes concern 19 articles of the KuoAP and 2 articles of the National Guard Law of Ukraine.

With regard to granting the National Guard the right to take measures to respond to the offenses defined by the KuoAP, the Ministry of the Interior stresses that this is fully in line with European principles for the protection of public order . This right is vested in all similar European military units with law enforcement functions of the International Association of Gendarmerie and Police with Military Status (FIEP), of which NSU is a full member.

“Of all the member structures of the association, only the military personnel of the NSU are not allowed to draw up reports on administrative offenses,” said the interior ministry, adding that the extension of powers would relate to the most common offenses in public places.

See also: The National Guard wants to give the right to check things out for citizens

In particular, according to the proposed changes concerning the power to respond to administrative violations, the National Guard may: take measures to respond to offenses established by the Administrative Code of Administrative Offenses, including the development of protocols on administrative offenses, on the basis and in the manner determined by law; transfer documents on administrative offenses for examination by executive bodies or authorized courts, create (fill in) and use the registers and databases of the Ministry of Internal Affairs.

In this regard, the department noted that all of the NSU officers and the majority of the contract agents had higher education.

It is specified that more than 4,000 officers and subcontractors in 2019-2020 have undergone appropriate training in the universities of the Ministry of the Interior as part of a training program for patrol officers for the implementation of preventive measures and policewomen.

See also: the Ministry of the Interior and the National Guard will monitor compliance with quarantine rules in public places

It is also noted that the National Guard is already empowered to take preventive and coercive police measures in accordance with the laws “On the National Police” and “On the National Guard of Ukraine”.

“In particular, this concerns the right to carry out searches and personal searches, the seizure of things and documents which are an instrument or an object of an offense. But the NSU soldiers are not able to realize these “police” rights concerning the application of such measures to respond to the offenses defined by the KuoAP, because it is not the entities concerned which are endowed with such powers “, said the Interior Ministry.

It should be noted that providing subjectivity to the National Guard will provide better security, as the offender may have firearms, melee weapons and explosives. In addition, as indicated to the ministry, this will improve the conditions for creating an evidence base for the offense.

See also: 18,000 cops and the National Guard monitor respect for quarantine

“The National Guard will be granted the right to detain, deliver and transfer to the organs of the national police, the police, those who have committed or are suspected of having committed an administrative offense. Such a right will make it possible to exercise the police service more quickly, without obliging the police to respond to administrative offenses, as well as to relieve their work, “said the Minister of the Interior.

In general, they added to the ministry, the adoption of Bill No. 3105 will help coordinate the “National Guard of Ukraine” law and other laws.

“The introduction of these changes to the legislation regulating the activities of the NSU will help bring the Ukrainian National Guard closer to the law enforcement structures members of the Association (FIEP),” said the Ministry of Interior.

According to the materials:

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