Правові наслідки незаконного звільнення співробітника поліції за згодою сторін із роботодавцем, за власним бажанням та іншими підставами

The scientific article examines the legal consequences of unlawful dismissal of police officers of Ukraine, in particular in cases where such dismissal is issued with the consent of the parties, at their own request or on other grounds provided for by the current legislation. Attention is emphasized on the specifics of the legal status of a police officer as a public (public) employee, which determines a special procedure for termination of labor relations with him, and also gives this phenomenon of public-legal nature. It is noted that unlike ordinary labor disputes, cases of dismissal of police officers are subject to norms not only of labor but also administrative, disciplinary and official legislation, which requires comprehensive legal analysis. The work outlines the key violations that may occur upon dismissal of a police officer - in particular, falsification of the application for dismissal at will, psychological pressure, misleading the employee on the content of the signed documents, coercion before signing the contract of termination. The jurisprudence on the renewal of police officers in the service in cases of unlawful dismissal, including the findings of the Supreme Court, which disclose approaches to the assessment of voluntary detection of the employee during dismissal, is analyzed. Particular attention is paid to the problem of proving the illegality of the dismissal and restoration of a person’s rights through administrative or civil proceedings.It is established that real resumption of service, compensation for non-pecuniary damage, payment of average wage during forced absenteeism, as well as disciplinary liability of officials who have allowed unlawful dismissal are the main legal consequences for the parties. In addition, it is emphasized that the facts of unlawful dismissal of police officers pose a threat to the functioning of the law enforcement system, violate the rule of law and reduce the level of confidence in public authorities. On the basis of the conducted research, a conclusion was made on the need to strengthen legal guarantees for police officers upon dismissal, improve the procedure for checking the circumstances of dismissal and strengthening control over compliance with the principles of voluntariness and legality during the termination of labor (official) legal relations. The author also proposes to amend the relevant legislation in order to clearly regulate the mechanisms of challenging the illegal dismissal and ensuring the real renewal of violated rights.