Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.39 N° 70
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Vol. 39, Nº 70 (2021), 548-569
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Administrative-legal framework for the
implementation of gender equality in the
activities of the National police of Ukraine
DOI: https://doi.org/10.46398/cuestpol.3970.32
Viktoriya Bass *
Sergiy Bratel **
Iryna Bulyk ***
Nelia Liakh ****
Abstract
From a documentary methodology close to legal hermeneutics,
the article examines the problems of gender inequality; in
particular, the study focuses on the problems of gender inequality
in the Ukrainian National Police. The concepts and main stages
of formation and development of gender policy in Ukraine are
analyzed. The factors contributing to the emergence of gender
inequality in the Ukrainian National Police have been studied. These
include, rstly, the unequal position of women and men in society due to
gender stereotypes. The article analyzes the components, characteristics,
and functions of the mechanism for ensuring gender equality in the
Ukrainian National Police. Particular attention is paid to the legal basis for
ensuring gender equality in the activities of the Ukrainian National Police.
To this end, the normative framework aimed at ensuring gender equality
in the Ukrainian National Police was analyzed. It is concluded that, despite
signicant changes in the content of the laws to establish the principle of
gender equality, there is still a long way to go to achieve eective equality.
Keywords: gender equality; gender stereotypes; mechanism to ensure
gender equality; normative basis; human rights.
* Associate Professor of the Department of Police Law, National Academy of Internal Aairs, PhD in
Law, Associate Professor, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-4915-2991. Email:
v774910@gmail.com
** Professor of the Department of Police Law, National Academy of Internal Aairs, PhD in Law, Associate
Professor, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-6826-2582. Email: sergebratel@
gmail.com
*** Associate Professor of the Department of Public management and Administration, National Academy
of Internal Aairs, PhD in Law, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-8072-5287.
Email: rina_bulik@ukr.net
**** Senior Lecturer, Department of Police Law, National Academy of Internal Aairs, Associate Professor,
Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-0260-708X. Email: neliasurkova@gmail.
com
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Marco administrativo-legal para la implementación
de la igualdad de género en las actividades de la Policía
Nacional de Ucrania
Resumen
Desde una metodología documental próxima la hermenéutica jurídica,
el artículo examina los problemas de desigualdad de género; en particular,
el estudio se centra en los problemas de desigualdad de género en la Policía
Nacional de Ucrania. Se analizan los conceptos y las principales etapas
de formación y desarrollo de la política de género en Ucrania. Se han
estudiado los factores que contribuyen al surgimiento de la desigualdad de
género en la Policía Nacional de Ucrania. Estos incluyen, en primer lugar, la
desigualdad de la posición de mujeres y hombres en la sociedad debido a los
estereotipos de género. El artículo analiza los componentes, características y
funciones del mecanismo para garantizar la igualdad de género en la Policía
Nacional de Ucrania. Se presta especial atención a la base jurídica para
garantizar la igualdad de género en las actividades de la Policía Nacional
de Ucrania. Para ello, se analizó el marco normativo destinado a garantizar
la igualdad de género en la Policía Nacional de Ucrania. Se concluye que, a
pesar de cambios signicativos en el contenido de las leyes para establecer
el principio de igualdad de género, falta aún mucho camino por recorrer
para el logro de una igualdad efectiva.
Palabras clave: igualdad de género; estereotipos de género; mecanismo
para asegurar la igualdad de género; base normativa;
derechos humanos.
Introduction
Equality of people is the primary source in ensuring the fair distribution
and use of social gains and benets, the formation of eective social
relationships. The establishment of social equality is a condition for the
development of an open state and civil society. One of the types of social
equality is gender equality, which provides for the equal rights, freedoms
and opportunities of women and men in all spheres of life.
At the present stage in Ukraine, as in any other country in the world,
developing on a democratic basis, ensuring the principle of gender equality
is one of the fundamental tasks of society and the state. The issue of ensuring
the principle of gender equality has been relevant for a long time, but it has
received a modern scientic assessment and new solutions since the middle
of the last century (it is important to take into account the peculiarities of
each country’s development).
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Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
However, every country in the world to some extent still faces with
gender asymmetry. This objectively prevents the full operation of public
structures and the development of the private sphere. The lack of an
appropriate mechanism to ensure the principle of gender equality deepens
the problem of social injustice in society and, as a consequence, hinders
sustainable human development. Today, ensuring gender equality is one of
the priority issues on the way to the modern Ukrainian state.
The issue of ensuring the principle of gender equality and the formation
of an appropriate national mechanism is caused by world political processes,
Ukraine’s international obligations, its European choice and other factors
and has signicant theoretical and practical importance for legal doctrine
and state development.
The principle of gender parity should be implemented in the activities of
the National Police of Ukraine as well. After all, according to the experience
of European countries, where women make up 25-40% of the sta, women’s
service in the police has a positive potential and is eective: it improves
the quality of sta selection, improves the socio-psychological climate in
the team, improves eciency and quality management decisions, as well
as trust in the police. Women show a higher level of executive discipline
and a lower level of aggression, they are more communicative in resolving
family conicts, and the work of women police ocers is indispensable
while dealing with victims of violence and adolescent oenders.
At the same time, the introduction of a gender-balanced approach in the
ranks of the National Police of Ukraine, which is de jure free from systemic
barriers to full participation in professional activities regardless of gender,
in practice causes a number of problems for both women and men.
1. Formation and development of gender policy in Ukraine
Gender policy has become a widespread legal phenomenon in all
democracies of the world after the establishment in 1946 of a special
UN Commission to monitor the situation of women and promote the
realization of their rights (Piren et al., 2002). Since then and to this day,
the world’s democracies have worked hard to improve guarantees for the
implementation of the principle of gender equality in their territories and at
the international (regional, including European) level. Such states include
Ukraine. Since 1991, a number of measures have been taken in Ukraine to
develop gender policy.
In the course of long-term historical development of society and the
state, various types of state policy, including types of state gender policy,
have been developed and scientically systematized. Thus, based on the
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generalization of world experience, science and practice determine the
types of such policies:
1. patriarchal policy of the state, the purpose and content of which is to
focus on the main place and role of women in fullling the natural
function of motherhood and housekeeping, removing her from the
public sphere and restrictions on professional activities, recognition
of women’s dependence on power, property, and ideology, formed
by men.
2. paternalistic policy of the state - the direction of state activity on
women, the content of which is the proclamation and protection of
rights and freedoms at the level of men, organized involvement of
women in state forms of government and administration, creating
a system of benets and protection of motherhood and childhood,
regulating women’s participation in production, promoting women’s
image as equal to a man.
3. egalitarian state policy - purposeful activities of the state to create
conditions and opportunities for women on a par with men,
providing guarantees for their will, self-armation and self-
realization, expression of personal strength of both sexes (Hrytsai,
2018).
The term “politics for women” was one of the rst concepts to appear
historically in the 1970s and 1980s, reecting the actions of some European
governments to combat discrimination against women in politics in
the labor market. The basis of this policy was the principle of “positive
discrimination” (Levchenko, 2002a). It should be noted that the term
“politics for women” was used in the documents of various international
organizations, mostly European. However, in Ukraine, both in the formal
and informal spheres, the term “state policy towards women” or “policy
towards women” was mainly used.
The term “ policy towards women” covers the legal, political, economic,
social measures and actions aimed at women as a socio-demographic group
in society (Hrytsai, 2017); comprehensive targeted activities of the state
for each woman, and issues of cooperation with the women’s movement in
general, which aims to eliminate all forms of discrimination against women
in society, the formation of mechanisms that form the basis of women’s
human rights to improve the situation of women and society as a whole
due to the disclosure of the potential of women (Levchenko, 2002b). The
content of these denitions corresponds to the modern understanding of
the role and importance of women in a democratic society.
In the late 1980s and early 1990s, various international organizations,
some foreign states, nally asserted the position that it is necessary to pursue
a policy to protect the rights of both women and men. This was caused by
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Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
a complex of reasons, including domestic - shorter life expectancy of men,
more cases of alcoholism and suicide among men, etc., which led to the
need for change, and more precisely in the expansion of public priorities,
in connection with which there is such phenomenon as “equality policy”
because women’s policies did not take into account the male factor, even
when the issue of equality between women and men was raised.
The term “(state) policy of achieving equal rights and opportunities” can
be considered in two aspects: as a synonym for the concept of “policy in
the interests of equality” and as its component. In contrast to the concept
of “equality policy”, the emphasis is on the legal and political, rather than
the socio-cultural component. An important principle of public policy to
achieve equal rights and opportunities (may be synonymous with “gender
policy”) is the recognition of the admissibility of positive discrimination to
overcome gender asymmetry (Levchenko, 2003).
“State policy to ensure equality between women and men” is based on
the conceptual framework of a gender mainstreaming, which is formed in
the documents of the Council of Europe in combination with traditional
principles of support for women, as the latter has not lost its relevance given
the real situation status in dierent spheres of life of Ukrainian society than
men. In fact, this is a concretization of the term “policy of achieving equal
rights and opportunities” (Hrytsiak, 2005).
Thus, despite signicant changes in the form and content of the activities
of the public, the state and international actors to establish the principle
of gender equality, in recent decades in Ukraine and other countries
research on the protection of women’s rights in various spheres of society
should continue, especially in the domestic space. Equally important is the
intensication of the study and analysis of problematic issues related to
the guarantee of men’s rights. These areas of research on the rights and
freedoms of women and men do not reject each other, but on the contrary,
are part of the understanding of individual processes of social development
at the national and international levels.
Summing up, it should be noted that today in every society that has
chosen a democratic path of development, one of the priority tasks is to
ensure the principle of gender equality and a purposeful path of all gender
policy actors to this end. Implementation of the principle of gender equality
involves systemic and multi-vector activities of both public authorities and
civil society.
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2. Gender inequality issue in the National Police of Ukraine
At this stage of development of public relations, the problem of
gender equality deserves special attention. For Ukraine this issue is no
less important because the development of a democratic legal and social
state requires equal parity for all segments of the population, without
distinguishing it on any grounds, including gender. Within the raised
issues, we note that Ukraine is no exception, because in many spheres of
public life there is discrimination on the grounds of sex. This situation
indicates not only outdated thinking in society, but also imperfections in
public administration, in particular at the level of gender policy.
The rapid transformation of social relations in the modern world is
characterized by increasing the role of women in the formation of certain
vital social spheres, as well as relations based on this phenomenon with the
male part of society, the perception of women in certain circles and more.
The problem of gender equality is not a novelty for any world power,
because it existed during the formation and development of social
relations. The main problem of modern gender theory is the inequality
of the position of women and men, because now the place and role of
women in society is often dened by certain boundaries beyond which she
cannot transcend, in particular, she is not allowed to go beyond boundaries
indicated by public opinion, traditions, culture and more. The problem of
gender equality for women is mainly present in professional activities and
in family and domestic relations. Gender inequality is especially noticeable
when choosing a profession, where considerable attention is paid to gender
stereotypes, which cause diculties not only for women but also for men.
Stereotype is an image, polar by the sign of evaluation, rigidly xed, which
does not imply doubt in its truth and encourages strict and unambiguous
action (Leshanych, 2012). Established gender stereotypes shape certain
social roles and statuses, forming patterns of behavior between women and
men, where women are predominantly dependent on men.
A signicant number of contradictions arise precisely because of the
indication of a woman’s role in society only as a mother, a wife, and so on.
In addition, the economic independence of women should be taken into
account, in particular the traditional view of women’s economic dependence
on men. A woman’s inability to meet her needs on her own through
professional development really makes her economically vulnerable and
dependent. The reason for the inability of a woman’s self-realization can
also be considered her rejection as one that can meet the needs of society,
for example, in a particular area of social activity (politics, where the leading
role is played by men; law enforcement agencies, etc.).
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Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
In Ukrainian society, as well as in other countries, gender stratication is
clearly visible, which is manifested even in the very gender discrimination.
First, this applies to all levels of the management system, because here all
decisions that determine the strategy and tactics of development are made.
And equal representation of women and men is a prerequisite for eective
performance. However, at the managerial level, for example among civil
servants of 1-3 rank, women are an absolute minority - from 6 to 12%, while
at the executive level of specialists, in the lower categories, their share in
some areas reaches 82-88%. This means that women have no real inuence
on the decision-making process. This applies not only to the executive, but
also to the representative, legislative power of dierent levels, where at the
highest levels women’s representation is limited to 8-10% (Kormych, 2013).
It should also be noted that according to the State Statistics Service
of Ukraine, the average monthly salary of women is 26% lower than that
of men. Women control only 5-10% of economic resources. In private
business, women own 30% of small, 12.7% of medium and only 13% of large
enterprises. Many professions and positions are inaccessible to women due
to the existence of paternalistic legislation (Kovalchyuk et al., 2017).
Considering the issue of feminization of certain professions, we note that
one of the problems for women is the appointment of a police ocer. Such
stratication can be traced during the selection for training in specialized
institutions of the Ministry of Internal Aairs, when a specic number of
places for women and men is determined, i.e., a certain quantitative and
gender boundary is drawn.
As for Ukraine, until 1999 the number of women in law enforcement
was limited: for example, the so-called “female” quota for admission to
educational institutions of the Ministry of Internal Aairs was 5-10%. As
of 2016, the total number of women in the sta and units of the Ministry
of Internal Aairs of Ukraine was 27,626 people, while male police ocers
- 105,266, i.e., there were only 20.7% of women in the police (Garkusha,
2019).
Recently, the situation has improved, but nevertheless the quantitative
ratio of women and men in the system of the Ministry of Internal Aairs of
Ukraine still remains indicative. Indicators are growing, but the problems
of insucient equality between women and men among employees of the
Ministry of Internal Aairs remain. It is insucient provision of equal
treatment and equal career opportunities for women and men, unjustied
refusals to hire women or frequent violations of men’s social and labor
rights, performance of tasks related to the risk to life and health (Plutagar,
2018).
Thus, considering a woman in society next to a man, i.e., through the
prism of gender stereotypes, we note that not only in the Ukraine, but also
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in other developed countries there is an unresolved and signicant problem
of gender stratication. Although equality is enshrined in law, at the same
time, society cannot deviate from the guidelines that are manifested in the
superiority of men over women, which is clearly seen in women’s choice of
profession, in particular, service in the National Police of Ukraine.
3. Legal bases for ensuring gender equality in the National
Police of Ukraine
First of all, it should be noted that ensuring gender equality in the
National Police of Ukraine is objectively possible provided that there is a
real legal mechanism through which this principle will be implemented
in public life through the activities of state and public institutions and
supported by state guarantees.
In legal doctrine, the term “mechanism” is common, it is used to denote
such categories as “mechanism of legal regulation”, “mechanism of public
administration” and many others. In terms of the implementation of the
principle of gender equality in the National Police of Ukraine, we propose to
use the term “mechanism for gender equality”, and therefore it is necessary
to dene its concepts, elements and provide a general description.
Note that in legal doctrine the components of this mechanism are
characterized by a certain variability, which allows us to distinguish two
approaches. According to the rst approach, the mechanism of ensuring
gender equality is reduced to its institutional (organizational and legal)
component. Thus, some scholars identify the state mechanism for promoting
gender equality in Ukraine with its purely institutional component, and
others consider the mechanism of gender equality as an orderly system
of international, regional, and national organizational structures of state
and public nature (Gerasimenko, 2004). O. Wenger (2009) understands
the mechanism of gender equality as an institutional governmental and
parliamentary structure that is created to promote the strengthening of the
role of women and the full realization of women’s rights, and K. Levchenko
(2003) notes that it is a set of public authorities, international, non-
governmental, research organizations that are in close cooperation. Note
that this approach is too narrow and does not reect the real content of the
gender equality mechanism.
Representatives of the second approach believe that ensuring gender
equality is carried out through several separate, independent mechanisms
that act. Thus, A. Slatvytska (2010) identies four mechanisms through
which the state gender policy is implemented: international, regional,
national state and non-state, and G. Daudova (2008) distinguishes
organizational, legal, economic, and political mechanisms. T. Melnyk
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Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
(2010), analyzing foreign experience in ensuring gender equality, identies
more than fteen forms of mechanisms that dier in their functionality, in
particular: international, regional, national; institutional, organizational,
nancial; legal and non-legal; political, economic, social, cultural;
theological, psychological, praxeological, etc. We believe that the selected
forms of mechanisms do not constitute a single complex mechanism, and
therefore we can distinguish in the mechanism of ensuring the principle
of gender equality regulatory and organizational-legal (institutional)
subsystems.
At the same time, we believe that such an approach leaves a very
important issue unresolved: what kind of tools should be used for the
implementation of the principle of gender equality in the activities of a
certain subject of public administration (in our case - the National Police
of Ukraine) and what should be the order of such implementation. The
answer to this question can be given only in the context of the procedural
activities of such an entity with an emphasis on the legal instruments of
the mechanism of gender equality. That is why we propose the allocation
of three components in the mechanism of gender equality: 1) regulatory; 2)
institutional (organizational and legal); 3) procedural.
The term “mechanism for ensuring gender equality in the bodies of
the National Police of Ukraine” we understand as a complex, structured,
dynamic, complex system, through the normative-legal, institutional,
and procedural component of which the principle of gender equality is
purposefully ensured and implemented in the National Police of Ukraine.
We can distinguish the following features of the mechanism for ensuring
gender equality in the bodies of the National Police of Ukraine:
1. legal regulation (normative-legal regulation of the principle of
gender equality is carried out through a system of normative-legal
acts and other sources of law, as well as individual legal regulation
(adoption of administrative acts) carried out in the process of
administrative-procedural activity of National Police of Ukraine).
2. systematic, logical and functional content (all components of such
a mechanism form a holistic system, its construction is logical and
there are certain connections between the elements of the system).
3. dynamism and stability (the mechanism of ensuring the principle
of gender equality is a dynamic phenomenon, one that is constantly
evolving, transforming, improving and in constant motion, but at
the same time it is characterized by long-term preservation of a
certain quality and predictability).
4. purposefulness (the functioning of such a mechanism is focused on
achieving a certain goal - the implementation of the fundamental
legal principle of equality in society through the achievement of the
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real state of gender equality in the activities of the National Police
of Ukraine).
5. guarantee (the existence of general and special conditions and
means that practically ensure its functioning, for example, gender
quotas in order to ensure gender parity).
6. the procedural nature of the provision (gender equality is ensured
within certain procedures - selection and recruitment procedures,
promotion, termination of service).
7. permanent nature and eciency - gender parity is ensured constantly
in the process of the National Police of Ukraine (during recruitment,
during the career of police ocers, in case of termination of service),
and the implementation of programs and projects to improve the
status of women and men is constantly monitored and is corrected
in case of ineciency.
Functions of the mechanism for ensuring gender equality in the
organization of the National Police of Ukraine are:
1. general (forecasting, planning, organization, coordination, etc.).
2. special (implementation of personnel selection procedures,
formation of a reserve and appointment to management positions
taking into account the principle of gender equality, organization of
training on gender issues, etc.).
3. auxiliary (personnel, logistics, etc.).
An important prerequisite for gender change is the legal framework, as it
ocially establishes in society certain norms of behavior aimed at respecting
the rights of women and men. Legislation both reects traditional social
views and determines their formation (Lazar, 2007).
The normative and legal component of the mechanism for ensuring
the principle of gender equality is objectively reected in the system of
current legislation of Ukraine, which consists of: laws of Ukraine; bylaws;
international normative legal acts and agreements, the binding nature
of which has been approved by the Verkhovna Rada of Ukraine. Thus, in
normative-legal regulation of maintenance of gender equality in activity of
National police of Ukraine it is possible to allocate two levels: 1) national;
2) departmental.
The basic human rights, freedoms and responsibilities are enshrined in
the Constitution of Ukraine. Among the fundamental principles of human
legal status is the constitutional principle of equality, which provides:
1. equal constitutional rights and freedoms of citizens and equality of
everyone before the law (Article 21).
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Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
2. prohibition of privileges or restrictions on the grounds of race, color,
political, religious, and other beliefs, sex, ethnic and social origin,
property status, place of residence, on linguistic or other grounds
(Article 24).
3. gender equality (Article 24).
However, the declaration of the principle of equality in the Constitution
of Ukraine does not ensure real gender equality in society.
The normative activity to ensure the principle of gender equality at
the international level is carried out by the UN, the Council of Europe,
the European Union, the OSCE and other international organizations,
to which Ukraine has joined. The main international acts dening the
standards of equality of people, their social value, regardless of gender,
can be divided into general and special. Thus, the general ones include: the
Universal Declaration of Human Rights of 1948 (United Nations, 1948),
the Convention for the Protection of Human Rights and Fundamental
Freedoms of 1950 (Council of Europe, 1950), the International Covenant
on Civil and Political Rights of 1966 (United Nations, 1966), the Covenant
on Socio-Economic and Cultural Rights of 1966 (United Nations, 1966) and
others. Special standards include the Convention on the Political Rights of
Women of 1953 (United Nations, 1953), the Convention on the Elimination
of All Forms of Discrimination against Women of 1979 (United Nations,
1979), the Charter of the United Nations of 1945 (United Nations, 1945),
the Convention on Action against Tracking in Human Beings and with
the exploitation of prostitution by third parties since 1949 (United Nations,
1949), the Declaration on the Elimination of Discrimination against Women
of 1967 (United Nations, 1967), UN Security Council Resolution No. 1325
(2000) “Women. Peace. Security” (United Nations, 2000), the Council
of Europe’s Gender Equality Strategy for 2018–2023 (Council of Europe,
2018) and others.
It should be noted that a real step towards the implementation of the
state’s commitments was the adoption of relevant laws and bylaws, which at
the level of Ukrainian legislation enshrined ensuring the principle of gender
equality as one of the priorities for eective public policy. Thus, the basic
Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women
and Men” of September 8, 2005, enshrines the basic principles of gender
equality, namely:
• the direction of the state policy on consolidation of equal rights and
opportunities of women and men is dened.
• mandatory gender legal examination has been introduced.
• discrimination on the grounds of sex is prohibited.
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• the system of subjects endowed with powers in the eld of
guaranteeing equal rights and opportunities for women and men is
dened.
• principles of ensuring gender equality in specic areas are provided.
• established liability for violation of legislation on equal rights and
opportunities for women and men (Verkhovna Rada of Ukraine,
2005).
Among national legislative acts we should mention The Law of Ukraine
of September 6, 2012 “On Principles of Prevention and Counteraction
to Discrimination” (Verkhovna Rada of Ukraine, 2012) and the Law
of Ukraine of December 7, 2017 “On Prevention and Counteraction to
Domestic Violence” (Verkhovna Rada of Ukraine, 2017) which play an
equally important role in ensuring gender equality. Some important acts in
this area would be also: National Action Plan for the Implementation of UN
Security Council Resolution 1325 “Women. Peace. Security” for the period
up to 2020, approved by the Order of the Cabinet of Ministers of Ukraine
of February 24, 2016 (Cabinet of Ministers of Ukraine, 2016), the Concept
of the state social program to ensure equal rights and opportunities for
women and men for the period up to 2021, approved by the Order of the
Cabinet of Ministers of Ukraine dated April 5, 2017 (Cabinet of Ministers of
Ukraine, 2017) and directly the State Social Program to ensure equal rights
and opportunities for women and men for the period up to 2021, approved
by the Cabinet of Ministers dated April 11, 2018 (Cabinet of Ministers of
Ukraine, 2018).
Among the bylaws of the national level, it is necessary to pay attention
to the Resolution of the Cabinet of Ministers of Ukraine “On conducting
gender legal examination” of April 12, 2006 (Cabinet of Ministers of
Ukraine, 2006), the Instruction on conducting gender legal examination of
May 12, 2006 (Ministry of Justice of Ukraine, 2006) and others.
At the departmental level of legal regulation, the central place is
occupied by the Law of Ukraine of July 2, 2015 “On the National Police of
Ukraine” (Verkhovna Rada of Ukraine, 2015), according to which citizens
of Ukraine over the age of 18 who have completed general secondary
education, regardless their race, skin color, political, religious and other
beliefs, gender, ethnic and social origin, property status, place of residence,
who speak Ukrainian can become police ocers.
Thus, it can be stated that the formation of the legal component of the
mechanism of gender equality in the organization of the National Police of
Ukraine is not a complex, structural, and linear process and is inuenced
by international standards in the eld of human rights and gender parity.
At the same time, declaring the principle of equality in the Constitution
of Ukraine does not ensure real equality of rights and opportunities for
560
Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
women and men in society, just as declaring gender equality in the National
Police of Ukraine in a specialized law does not guarantee real equality of
police ocers regardless of gender. That is why we believe that the further
formation of the legal framework for gender equality should be carried
out with mandatory observance of European human rights standards,
a combination of the principles of unity and dierentiation, and the
application of measures of positive discrimination and positive action.
As for the legal instruments, using which gender parity is ensured in
this law enforcement body, we emphasize that the dening principles of
any public entity are its tasks, powers and methods of activity enshrined at
the level of the Constitution and laws of Ukraine. However, in the context
of this study, these elements are not only and not so many elements of the
legal status of these entities, as components of the mechanism of public
functions or the mechanism of gender equality in organizing the National
Police of Ukraine. Thanks to them that it is lled with a certain meaning,
acquiring the necessary concretization.
Specic tools of public administration must be disclosed through the
prism of the system of its institutional and functional characteristics.
According to R. Melnyk, the instruments of public administration include
regulations of public administration, administrative act and administrative
agreement (Melnyk and Bevzenko, 2014). However, this list of tools can
be expanded, as in the activities of public administration can also be used
regulatory planning, organizational and technical, informative and other
legal techniques, tools and methods (Gritsenko, 2015).
Taking into account the list of the main tools of public administration,
such as regulations, administrative acts, administrative agreements, acts-
plans, acts-actions (Galitsina, 2016) and their regime, service as well as
protective dimensions, we believe that the tools to ensure gender equality
in the organization of the National Police of Ukraine are:
a) adoption of relevant acts-plans.
b) gender legal expertise.
c) gender quotas.
d) gender budgeting and others.
The issue of acts-plans as tools of public administration is quite new
to the domestic legal doctrine, and the act-plan itself can be dened as a
written document adopted and approved by the authorized administrative
body, which determines the sequence of measures by the executors,
indicating the purpose, objectives, scope, methods, means and terms of
their implementation (Prymachenko, 2013). The expediency of their use
within the mechanism of gender equality in the National Police is due to the
fact that the acts-plans allow to combine law enforcement and regulations,
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providing standardization of the process of law enforcement, which creates
conditions for the adoption of public administration of standard solutions
in similar situations. This is especially true when making such decisions by
public administration bodies, which occupy a lower link in the hierarchy of
actors involved in the implementation of gender equality.
An example of acts-plans is the Action Plan for the implementation of
the Strategy for the development of the system of the Ministry of Internal
Aairs of Ukraine until 2020 (Cabinet of Ministers of Ukraine, 2019), which
provides:
1. Development of capacities of the bodies of the Ministry of Internal
Aairs system for eective implementation of gender policy, namely:
a) ensuring the functioning of the institute of gender advisers
in the central governing bodies of the Ministry of Internal
Aairs by appointing such advisers by orders of the Ministry of
Internal Aairs, developing a program of training activities for
gender advisers, and covering 100 percent of certain categories
of police ocers.
b) creation (determination) in the central governing bodies of the
bodies of the Ministry of Internal Aairs of separate structural
subdivisions for ensuring gender policy within the approved
sta, 80% of which are staed;
2. Creation of mechanisms to ensure equal conditions of access of
women and men to service / work, promotion, or career advancement
in the bodies of the system of the Ministry of Internal Aairs, namely:
a) analysis of the state of implementation of the principle of
gender equality in the personnel policy of the Ministry of
Internal Aairs, primarily during selection, recruitment /
employment, promotion or career growth.
b) development of a methodology for assessing the gender impact
of sectoral reforms.
c) ensuring equal conditions for women and men to have access
to service / work, promotion or career advancement in the
bodies of the Ministry of Internal Aairs (it is planned to
reduce the gender imbalance during employment / work by
50% compared to 2017).
d) improvement of statistical reporting on stang issues in terms
of gender mainstreaming in accordance with the positions
held.
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Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
3. Unication of requirements for physical tness for candidates for
service (employment) in the bodies of the Ministry of Internal Aairs
in order to ensure gender equality, namely:
a) analysis of international experience on the level of physical
tness for law enforcement agencies.
b) normative regulation of the establishment of uniform
requirements for the level of physical tness for candidates for
service in the system of the Ministry of Internal Aairs.
4. Establish mechanisms to ensure equal access for women and men
to participate in working and advisory bodies, peacekeeping
operations, civil-military cooperation, as well as combating gender-
based oenses in the service, namely:
a) analysis of the state of ensuring equal conditions for women
and men to participate in working and advisory bodies,
peacekeeping operations, peace-building processes, etc.
b) ensuring equal conditions for access of women and men from
among the sta of the Ministry of Internal Aairs to participate
in working groups and commissions on reforming these
authorities, as well as working groups, formed at the level of
the Cabinet of Ministers of Ukraine, the Verkhovna Rada of
Ukraine or interdepartmental levels, reducing the gender
imbalance by 50 percent compared to 2017 and ensuring
the inclusion of women in proportional representation in
accordance with the recommendations of the Council of
Europe;
c) ensuring equal access for women and men to participate in
peacekeeping operations, peacebuilding, mediation, civil-
military cooperation and conict prevention;
d) development of a separate mechanism for dealing with
complaints related to sexual harassment and gender-based
oenses by colleagues.
The feasibility of introducing gender quotas has recently been discussed
in legal doctrine in the context of guarantees for the implementation of
the principle of gender equality in public administration. It was proposed
to introduce quota procedures for the number of women and men during
the formation of the commissions that will perform these functions
(Maksimenko, 2009). The discussion was led about the allocation of a
certain, scientically sound number of jobs in the police, which can be
provided only to females, and the establishment of quotas for the selection
of women in the prosecutor’s oce at 30/70 or 40/60was proposed
(Leskina, 2013).
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Let’s dene the essence of gender quotas. Thus, one of the means of
implementing the principles of gender democracy is positive action. Positive
action in its extreme form is positive discrimination, when increasing the
representation of women (or other discriminated categories of citizens) is
achieved by providing certain benets or introducing quotas. This trend
in the EU has intensied due to the signing of the Maastricht Treaty, the
core of which is the establishment of the principle of social justice in the
domestic policies of EU member states. Gender quotas are a political and
legal way of smoothing the eects of gender discrimination in all spheres
of society by providing a legitimate political platform for the articulation,
representation, and realization of relevant social interests. In modern
conditions, gender quotas are a kind of positive discrimination, i.e., a
system of benets, incentives, prohibitions, and compensations aimed at
raising the social status of women (Haake, 2018).
Proponents of gender quotas argue that this mechanism should be
seen as a temporary, transitional tool for training public opinion on the
need for greater representation of women. There is a pattern that “gender
quotas” in the political sphere are in fact “quotas for women.” This is not
a contradiction, as for most countries the problem of ensuring greater
representation of women in government remains acute. Gender quotas were
rst applied in the political sphere. There is even such a well-established
term as the “critical mass” of representation in parliament, i.e. the level
recognized by international practice, which is at least 30% of each sex. It
provides an opportunity to overcome gender asymmetry, to inuence the
formation and decision-making, because exactly 30% of supporters of a
certain idea can change the situation in any team in their favor.
The Nordic countries, Sweden and Canada remain the world’s leaders
in addressing gender equality. For example, in Norway, more than 40%
of all authorities and law enforcement agencies are women, and this
is a consequence of the adoption of a law on a 40% gender quota in all
public administration entities in the country. It is thanks to this law that
8 ministerial posts are held by women. The state has a social “equality
program,” and the government has a law enforcement ocer in the
context of implementing the program. In Norway, the so-called “soft
quota” has become widespread, which requires mandatory participation
in the competition for one seat of the representatives of the two sexes
(Connolly et al., 2020). Despite the method of so-called “quota” of women’s
representation in government, which exists recently in many countries
(Argentina, India, Brazil, Dominican Republic, Scandinavian countries,
Peru, Indonesia, etc.) (Ordonez, 2020), this has only a fragmentary impact
on the gender component of law enforcement ocers and rather illustrates
the direction of public policy in terms of improving the situation of women
and the ability to protect their rights at the legislative level.
564
Viktoriya Bass, Sergiy Bratel, Iryna Bulyk y Nelia Liakh
Administrative-legal framework for the implementation of gender equality in the activities of the
National police of Ukraine
Conclusions
Despite signicant changes in the form and content of the public, state,
and international actors to establish the principle of gender equality,
research on the protection of the rights of both women and men in various
social spheres in Ukraine and other countries around the world should be
held in the future. It requires ensuring the rights and freedoms of both
women and men, because this approach is part of understanding certain
processes of social development at the national and international levels.
Considering a woman in society alongside a man, through the prism
of gender stereotypes, we note that not only in Ukraine but also in other
developed countries there is an unresolved and signicant problem of
gender stratication. Although equality is enshrined in law, at the same
time, society cannot deviate from the guidelines that are manifested in the
superiority of men over women, which is clearly seen in women’s choice of
profession, including service in the National Police of Ukraine.
It is safe to say that ensuring gender equality in the National Police
of Ukraine is a complex process characterized by its multifaceted nature.
However, overcoming gender stereotypes in this area is extremely
important because the main criteria in this case should be professionalism
and competence.
The analysis of normative documents allows us to conclude that the
introduction of gender equality in the National Police of Ukraine is an
important area of activity. Nevertheless, the current state of gender equality
needs to be improved to bring it in line with international standards.
One of the promising aspects of research in this area should be the
development and implementation of eective mechanisms to ensure equal
career opportunities for women and men in the National Police of Ukraine,
considering the specics of professional activity.
To ensure gender equality in the National Police, it is necessary to
enshrine at the legislative level provisions for the mandatory establishment
of special supervisory associations for the equal rights and opportunities of
women and men in organizations, enterprises, institutions, including the
National Police of Ukraine. Given that the problem of gender stratication
is clearly visible in law enforcement, in order to implement the provisions of
the Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence, it is necessary to apply disciplinary
responsibility to heads of National Police units restricting women’s rights.
It is expedient to introduce gender quotas in the National Police of
Ukraine as a component of the mechanism of compliance with the principle
of gender equality in several areas: during recruitment to the National
Police, appointment to management positions, inclusion of women police
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ocers in competition and certication commissions. At the same time, it
should be noted that miscalculations in personnel policy due to excessive
involvement in gender issues in the process of working with the sta of
this law enforcement body may reduce the quality of the National Police of
Ukraine and negatively aect the quality of their professional duties. That
is why the issue of introducing a quota for the selection of women in law
enforcement agencies should be treated quite carefully and reasonably.
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