Противречности каријерног развоја полицијских службеника у Републици Србији

Abstract

In this thesis are presented results of the research referred to career development of police officers in the Republic of Serbia. The goal of that research was to identify and scientifically describe,in methodologically accurate process, key problems of police officers in achieving their labour law rights, after adopting the 2016 Police Code. Using the content analysis method, comparative and formally-logical analysis, many examples from the Ministry of internal affairs’ practice were analysed, simultaneously with the analysis of the results of the current theorethical researches and relevant legal regulation. As key problems in achieving the right of legal certainty of police officers, were identified problems in procedures of: official rating (appraisement), acquiring (gaining) ranks, placement, and cessation of employment. As key causes of described problems, were confirmed: 1) untimely adoption of by-laws, 2) selective usage of laws 3) usage of outdated regulations. Such a determined condition of legal certainty of police officers in domainof labour law can not be rated as agreeable (corresponding) to the European Court of Human Rights’ standpoint, according to which, legal provisions should be ,,adequatelyavailable, predictable and formulated with enough precision to enable an individual, if needed, corresponding advice – in order to regulate his behaviour. Legality can be determined as compliance of lower legal acts with higher legal acts. Nobody in legal theory considers the application of outdated legal acts. Legality of the administration’s activities is the basic element of the content of the term ,,Rechtsstaat’’. Under the term ,,Rechtsstaat’’ in the broadest sense is considered the state in which in the sake of securing the freedom of legal equality and legal certainty, functioning and manifestation of state’s authority has legal forms and in which certain legal limits to the state’s authority are set. Displayed results of the research in this thesis show that judicial control of administration operates on principle that ’’justice is slow, but achievable’’. That’s why, in majority of cases, employees do not even initiate the question of legality of the administrative act they received. Until the court’s final decision, ten years or morecan pass, and afterwards the administrative act becomes objectless.