INNOVATIVE RESEARCH IN SCIENCE
International scientific-online conference
42
PROSPECTS FOR ENSURING THE LEGAL PROTECTION OF THE
OFFICERS OF INTERNAL AFFAIRS AGENCIES
Sherzod Rayimov
Independent Researcher of the Karakalpak State University
sherzod_rayimov@gmail.com
https://doi.org/10.5281/zenodo.14869515
Abstract:
This article substantiates the importance and necessity of legal
protection for the officers of internal affairs agencies. It analyzes the issues and
shortcomings in ensuring the legal protection of law enforcement officers and
provides recommendations and proposals for their resolution.
Keywords:
law enforcement officers, protection, legal protection, authority,
remunerated activity, legislation.
As in any system, issues related to social and legal protection in internal
affairs agencies hold significant importance. Establishing an effective system in
this regard serves several purposes:
Firstly
, it ensures the protection of
employees' social interests, contributing to their psychological stability;
Secondly
, it guarantees improved working conditions and enhances the
professional efficiency of personnel;
Thirdly
, it fosters a stable and reliable
environment within internal affairs agencies, supporting the fulfillment of
societal responsibilities with high quality.
The legal protection of law enforcement officers plays a crucial role in
ensuring the rule of law, maintaining public order, and safeguarding security in
society. This legal protection helps officers perform their duties effectively,
operate within a legal framework, and ensure their personal safety.
Our esteemed President, Shavkat Mirziyoyev, aptly emphasized: "The issues
of enhancing the professional skills of system employees and strengthening their
social and legal protection have always been at the center of our attention. In
this process, special emphasis is placed on the labor of employees serving in
remote and marginalized areas, as well as in districts and neighborhoods with
challenging criminogenic conditions. For them, decent working and living
conditions are being created"
1
.
The issue of legal protection for internal affairs officers is one of great
importance and urgency. According to I.A.Saidov, ensuring the legal protection
of internal affairs officers is essential to mitigating risks and hazards
encountered during the fulfillment of their duties, as well as guaranteeing their
personal rights and freedoms
2
.
.
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J.T. Karimov highlights improving working conditions, expanding
psychological and legal support, as key directions in ensuring the legal
protection of internal affairs officers. He further emphasizes the necessity of
establishing independent legal institutions to safeguard the lawful interests of
officers during their service
3
.
Overall, the legal protection of officers is not only vital for their personal
well-being but also plays a crucial role in ensuring public safety and the rule of
law in society.
It should be noted that the types of activities that internal affairs officers
may engage in outside of their official duties are explicitly defined in legislation.
In particular, Article 301 of the Law of the Republic of Uzbekistan "On Internal
Affairs Agencies" (Law No. 407, dated September 16, 2016), titled "Restrictions
Related to Service in Internal Affairs Agencies," specifies that officers are
prohibited from engaging in any paid activities other than scientific, creative, or
pedagogical work.
However, in practice, there are cases where employees of medical
institutions within the internal affairs system provide additional paid services at
private clinics and other medical facilities. Similarly, cultural activities, such as
performances by singers affiliated with the Ministry of Internal Affairs Cultural
Center or other talented employees, often involve supplementary creative
endeavors.
It should be noted that internal affairs agencies require skilled medical
professionals from private organizations as well as creative personnel. In
practice, there is a significant need for their direct assistance. We believe that
creating a legal framework to address this situation in the future could allow
active officers to earn additional income while preventing corrupt practices.
In sociological surveys conducted among experts, respondents were asked,
“In your opinion, should internal affairs officers be permitted to engage in paid
medical and other creative activities alongside scientific and pedagogical work?”
Of the respondents, 79.2% answered that such permission should be granted to
support system personnel if it benefits the organization.
Based on the above, it is deemed appropriate to amend the third paragraph
of Article 30
1
of the Law "On Internal Affairs Agencies" as follows:
"Internal affairs officers are prohibited from engaging in any paid activities
other than scientific, pedagogical, medical, and other creative work."
3
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Under current legislation, an internal affairs officer acts as a representative
of a state div and is under state protection. Paragraph 28 of the Roadmap for
Further Improvement of the Internal Affairs System, approved by Appendix 1 to
the Presidential Decree of the Republic of Uzbekistan No. 6196 dated March 26,
2021, assigns the task of developing a legal document aimed at ensuring the
social and legal protection of internal affairs officers through specific
mechanisms.
However, in practice, cases have been observed where individuals without
direct authority (e.g., heads of specialized services, prosecutors, or court
chairpersons) issue various instructions, sometimes unrelated to service duties,
to internal affairs officers, compelling them to execute such tasks.
In this regard, there is a need to strengthen the legal protection of internal
affairs officers and eliminate potential external influences on their duties. It is
necessary to introduce a norm in the current law stipulating that only
individuals with direct authority may intervene in or compel the performance of
an officer's duties.
It is worth noting that similar norms exist in other laws, such as Article 33
of the Law "On the National Guard of the Republic of Uzbekistan" and Article 36
of the Law "On the State Security Service of the Republic of Uzbekistan".
Comparable provisions are also found in Article 30 of the Law "On the
Presidential State Security Service of the Republic of Uzbekistan" and Article 62
of the Law "On Courts."
Considering the above, we propose amending the first sentence of Part 3,
Article 34 of the Law "On Internal Affairs Agencies" to stipulate that only
individuals with direct authority may intervene in or compel the performance of
an officer's duties.
Analysis of the current situation reveals that the social protection of
internal affairs officers is not sufficiently ensured by law and only addresses
minimal needs. Article 35 of the Law ("Social Protection of Internal Affairs
Officers") does not consider the essential life and service needs of officers, nor
does it provide necessary benefits and advantages based on the unique nature of
their work.
This has negatively affected the appeal of service in internal affairs, the
efficiency of officers, and the quality of their performance. However, an analysis
of the laws governing other law enforcement agencies reveals several additional
benefits and advantages in the area of social protection.
INNOVATIVE RESEARCH IN SCIENCE
International scientific-online conference
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For example, Articles 34–41 of the Law "On the National Guard of the
Republic of Uzbekistan", Article 35 of the Law "On the State Security Service of
the Republic of Uzbekistan", and the relevant provisions in customs and defense
legislation include clear norms on healthcare for officers and their families,
adequate remuneration, preferential long-term mortgages and vehicle loans, and
compensation for damage to health and property.
Given that internal affairs officers, alongside these agencies, protect state
and public interests, ensure public safety, and combat violations of the law, it is
appropriate to grant internal affairs officers similar rights, benefits, and
advantages.
Such measures would ensure social equity and justice among law
enforcement agencies, fostering a positive attitude among internal affairs
officers toward their service duties.
Furthermore, Article 38 of the current law provides that internal affairs
officers have the right to receive long-term preferential mortgage loans,
purchase apartments, and acquire land plots for individual housing construction
under the procedures established by the Cabinet of Ministers of the Republic of
Uzbekistan.
However, this essential right to preferential loans, which forms the basis of
social protection for internal affairs officers, is not reflected in Article 35 of the
current law, the primary article governing social protection. To ensure
consistency within the norms of the Law "On Internal Affairs Agencies of the
Republic of Uzbekistan," it is necessary to include these provisions in Article 35
as well.
The incorporation of the above proposals and recommendations into legislation
will:
firstly
, strengthen the legal protection of internal affairs officers;
secondly
,
reinforce the rule of law and public order;
thirdly
, eliminate existing legal
collisions and gaps in the legislation.
