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POLICE WITH THE PEOPLE!
The creation of the Public Council is a natural process, because representatives of NGOs who have joined this council have long been implementing the idea of public control over the activities of the police in practice. Thus, by order of the Minister of Internal Affairs of Ukraine Yu.V. Lutsenko, in 2005 a mobile group was created to monitor the human rights situation in the Chernihiv region, which included representatives of the Chernihiv Public Committee for the Protection of Human Rights. Its first visits took place in the fall of 2005. This work is currently ongoing. Based on the results, conclusions are drawn and appropriate adjustments are made. Since 2006, such a program has been operating throughout Ukraine, which is a step towards strengthening the public’s influence on the work of the Ministry of Internal Affairs.
It should be noted that the members of the council include representatives of the Chernihiv Women’s Human Rights Center and the Dobrochyn Center, which the public knows as non-governmental organizations with an active public position on issues of transparency and legality in the activities of internal affairs bodies. The participation in the work of the council of such well-known experts in the Chernihiv region as Oleksandr Solomakha and Yuriy Paperny will add an analytical direction to the work of this body.
During the first meeting, which took place on March 11 in the boardroom of the regional police department of Chernihiv region, the representative of the Minister of Internal Affairs of Ukraine in Chernihiv region Volodymyr Malay acquainted the participants with the regulations on its work, emphasizing the intentions of the new leadership of the Ministry of Internal Affairs to build the work of the police in accordance with European standards. The opinion was expressed about the need to unite the efforts of NGOs and the police for the protection of human rights.
A proposal was also made to elect co-chairs of the Public Council – the first deputy head of the Department of the Ministry of Internal Affairs of Ukraine in Chernihiv region, police colonel Ivan Katerynchuk, and the head of the Chernihiv Public Committee for the Protection of Human Rights, Natalia Romanova.
REGULATIONS
on the Public Council under the Department of Internal Affairs of Ukraine in Chernihiv Oblast
on issues of ensuring human rights
1.
General Provisions
1.1.
The Public Council under the Department of the Ministry of Internal Affairs of Ukraine in Chernihiv region for ensuring human rights (hereinafter referred to as the Council) is an advisory and consultative body that provides advisory and methodological assistance to the Department of the Ministry of Internal Affairs of Ukraine in Chernihiv region in implementing the tasks of the Ministry of Internal Affairs regarding the observance of human rights, exercises public control over the observance of human rights and the activities of the internal affairs bodies of the region.
1.2. The Council is created to assist the Department of the Ministry of Internal Affairs of Ukraine in Chernihiv region in ensuring human rights, strengthening the rule of law, increasing legal culture among employees of the internal affairs bodies and divisions of the region, their understanding of the need to observe human rights, strengthening interaction with public human rights organizations, increasing legal culture and awareness of the population of the region.
1.3. In its activities, the Council is guided by international human rights documents ratified by the Verkhovna Rada of Ukraine, norms of international law and international agreements, the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, regulatory legal acts of the Ministry of Internal Affairs-Ministry of Internal Affairs, as well as these Regulations.
1.4.
The Council’s decisions are of a recommendatory nature.
2.
The main tasks and areas of activity of the Council
2.1.
Promoting the implementation and observance of human rights principles in the activities of the regional internal affairs bodies and units.
2.2.
Analysis of the effectiveness of the activities of the regional internal affairs bodies and units in the direction of respecting human rights, implementing the principles of openness and transparency in the activities of the police, and promoting its authority in society.
2.3.
Development, discussion and promotion of the implementation of public initiatives to strengthen the rule of law and respect for human rights in the activities of the internal affairs bodies and departments of the region.
2.4. Promotion of the improvement of the mechanisms of cooperation of the Department of the Ministry of Internal Affairs of Ukraine in Chernihiv region with state and representative authorities, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, committees of the Verkhovna Rada of Ukraine, political parties, public organizations, the mass media, scientific institutions to improve the situation in the protection of citizens’ rights, respect for the rule of law and order, and the formation of the legal culture of the population.
2.5.
Carrying out an examination of programs, initiatives, and individual areas of activity of the Regional Department of Internal Affairs regarding the observance of human rights, strengthening of legality and law and order.
2.6.
Consulting the leadership of the Regional Department of Internal Affairs on issues of ensuring human rights, complex current problems of politics, economics, sociology, and other issues related to the activities of the Regional Department of Internal Affairs of Ukraine in the Chernihiv region.
3.
Main functions of the Council members
The Council members must perform the following functions:
3.1. Practical and methodological assistance in the formation of effective mechanisms for observing human rights in the activities of the internal affairs bodies and units of the region.
3.2. Consideration of applications from individuals and legal entities or their associations about non-observance by the internal affairs bodies and units of the region of human rights and freedoms enshrined in the Constitution, international law and national legislation.
3.3. Informing the applicant about his rights and available legal protection options and assisting him in accessing these means.
3.4. Performing mediation functions to restore violated rights and freedoms through a conciliation procedure.
3.5. Sending applications (on behalf of the applicant or on his own behalf) to competent officials of the Ministry of Internal Affairs of Ukraine for a decision on the merits.
3.6. Conducting public investigations into human rights violations by employees of internal affairs bodies and units of the region, adhering to the principle of non-interference in operational and service activities.
3.7. Adoption of conclusions based on the results of the public investigation and their transfer to the leadership of the regional internal affairs bodies and units.
3.8.
Holding meetings and discussions with the personnel of the regional internal affairs bodies and units on issues of their social protection, working conditions, and problems of compliance by police officers with constitutional rights and freedoms of man and citizen.
3.9.
Protection of the rights of employees of the regional internal affairs bodies and units.
3.10.
Collection, preparation and dissemination of information materials, including domestic legislation (including implemented international law) relating to the protection of human rights by the internal affairs bodies and units of the region, comments thereon, relevant administrative and judicial decisions and their interpretation by higher judicial bodies.
3.11. Participation in the development of curricula, methodologies and programs for teaching human rights for initial training courses, in the in-service training system.
3.12. Organization and conduct of specialized seminars on human rights for employees of the internal affairs bodies and units of the region and public organizations.
3.13. Explaining to the public the content of programs, initiatives, and individual areas of activity of the regional Ministry of Internal Affairs, primarily regarding the observance of human rights.
3.14.
Promoting the strengthening of ties between the regional Ministry of Internal Affairs and the media, and covering its activities.
3.15.
Monitoring the compliance of national legislation and law enforcement practice relating to internal affairs bodies with international obligations in the field of human rights.
3.16.
Preparation and submission to the Ministry of Internal Affairs of Ukraine, state authorities of reports, analytical notes, proposals concerning any issues related to human rights in the context of the activities of internal affairs bodies
3.17.
Maintaining working relations with human rights organizations and organizations that monitor compliance with human rights.
4.
Procedure for the formation and activities of the Council
4.1. The Council is headed by co-chairs. Co-chairs are elected by members of the Council for a term of two years. They collectively with the members of the Council determine priority areas of activity. Co-chairs lead meetings of the Council in accordance with these Regulations and the Rules of Procedure of the Public Council under the Ministry of Internal Affairs of Ukraine in Chernihiv region on issues of ensuring human rights.
4.2. The Council may include representatives of the executive and judicial authorities, a representative of the Verkhovna Rada Commissioner for Human Rights, representatives of local self-government bodies, representatives of human rights NGOs, the media, and scientists.
4.3. The number of Council members is determined by the head of the regional Department of Internal Affairs. Each member of the Council may involve experts who work on a voluntary basis in its activities.
4.4. The Council may create working (expert) temporary and permanent groups on priority areas of activity, in which it may involve external experts in agreement with all members of the Council. The number of members of expert groups, as well as the main areas in which they are created, are determined by the co-chairs of the Council in agreement with all its members.
4.5.
The Executive Secretary, who is approved by the head of the regional Department of Internal Affairs, heads the secretariat of the Council, organizes the current interaction of the Council with the services and units of the regional Department, city, city district, district internal affairs bodies of the region, ensures the preparation and holding of Council meetings, organizational, technical and documentary support for the activities of the Council, including forming an agenda, which is submitted for approval by the members of the Council and a list of invited persons (in agreement with the members of the Council). To carry out this work, if necessary, the Executive Secretary, with the consent of the co-chairmen of the Council, may involve specialists from the relevant services of the regional Department.
4.6. A Secretary of the Council is elected from among the representatives of the public, who assists the Executive Secretary in the performance of his functions.
4.7. Members of the Council act on a volunteer basis.
5.
Rights and obligations of members of the Council
Members of the Council have the following rights and obligations:
5.1. Participation in the preparation and holding of meetings of the Council, in the formation of the agenda, in the discussion of issues submitted for its consideration, in the formation of members of working groups.
5.2. Submission of proposals for consideration of issues within the competence of the Council, as well as proposals on issues under discussion.
5.3. Participation in the activities of expert and working groups, headed by them.
5.4.
Initiating the involvement of specialists in relevant fields in the study and resolution of issues considered at the meetings of the Council.
5.5. In case of disagreement with the decision made, express your own opinion, which is attached to the minutes of the Council meeting.
5.6. In case of impossibility to attend the Council meeting, express your own opinion in writing, which is attached to the minutes of the meeting. Delegation of powers of Council members is not allowed.
5.7.
Entrance to the administrative building of the regional administration (74 Peremohy Avenue) in accordance with the established access regime.
5.8.
When conducting a public investigation into a complaint about a violation of human rights by employees of the regional internal affairs bodies and units:
receive written or oral explanations from all persons (including state officials and service personnel) who may have information about this violation, or otherwise provide assistance in the investigation; take other actions necessary to properly verify the complaint that do not contradict the law;
make recommendations to the regional internal affairs bodies and units based on the results of the investigation and evaluate the actions of the regional internal affairs bodies and units.
5.9.
Free access to legislative work: the right to receive open regulatory acts (orders, instructions, etc.) from the Department of Internal Affairs of Ukraine in the Chernihiv region at the development stage.
5.10.
Participation in the work of mobile groups in any district of the Chernihiv region.
Representative of the Minister of Internal Affairs of Ukraine
in the Chernihiv region
V.M. Malay
COMPOSITION
of the Public Council under the Department of Internal Affairs of Ukraine in Chernihiv Oblast
on issues of ensuring human rights
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