The judges are collectively reinstating the discharged policemen

The judges, who are reinstating the policemen fired as a result of evaluation, are acting within the limits of the law. They have no other choice.

Alexandr Banchuk , the expert of the Political Legal Reform Center, makes such statement in the column in “Ukrainian Pravda” .

According to him, the current law “On National Police”, which took effect on November 7, 2015, provides the possibility of evaluation only in three cases:

1)when being appointed to a higher position in case there is no competition held;
2)when being downgraded to a lower position due to service mismatch;
3)when being discharged from service due to service mismatch.

The instruction adopted for the evaluation is only formally based on these provisions, according to Banchuk.

Meanwhile, all law enforcement officers, who later had to be evaluated, had been appointed for the positions of policemen automatically before November 7.

According to the expert, this is why the judges cannot accept the evaluation as lawful.

“Good news is that the situation is not hopeless and can be fixed. In order to do that, only transitional provisions of the law need to be amended, which would put the current reevaluation procedure within the limits of the law”, the expert believes.

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