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The Permissibility of Interventions Into Fundamental Rights and Freedoms in the Exercise of Police and Security Activities

100%

Peťovský M., Loffler B.

Internal Security

2018

vol. 10(1)

69-84

This scientific study is part of research no. 130 Metenko Jozef, Methods of research and development of police activities, research no. 201 Metenko Jozef, Strengthening of European coordination in the field of national security research programmes for major events, research no.182 Metenko Jozef, Administrative practice for dialogue and communication, as the strategic principles of police activities for political manifestation and research no. 173 Metenko Jozef, Coordination of national research and policy to ensure security in major events in Europe. The scientific study deals with the issue of police interventions into fundamental rights and freedoms as a result of police activities connected to the execution of tasks and duties of police officers, and also with other provisions of the Act on the Police Force. The authors consider the rule of law to be synonymous with constitutional or legitimate governance and which also characterises the exercise of state authority on the basis of constitutionally issued laws. The authors associate police interventions with the protective function of the state, establish conditions for interference with fundamental rights and freedoms from the perspective of police activity which compliance with, or breaching of, indicates whether the particular rights and freedoms are violated or not by the intervention. Subsequently, the authors identified the concepts of prevention and prophylaxis, which they interpret on the basis of chosen international scientific results and conclusions.

The Formation of Police Law in the System of Special Administrative Law of Ukraine

86%

Karabin T., Bilash O.

Teka Komisji Prawniczej

2022

vol. 15

issue 1

85-95

The article deals with the investigation of the formation of police law in the legal system of Ukraine and its meaningful content. The separation of police law is considered controversial in Ukrainian science, so its research also requires analysis of the relationship with related parts of the legal array, in particular, general administrative law, administrative tort law, administrative procedure and more. The material of the article is represented by highlighting issues that need to be addressed during the formation of special administrative law in Ukraine in general and the problems of the formation of police law in particular. The study also outlines the already developed positions and scholarly prerequisites for the formation of a sub-branch of police law. Nevertheless, there is no generally accepted understanding of what is police activity in the Ukrainian doctrine, which relations should be attributed to police-law ones, which authorities are referred to the police. The article attempts to answer these questions, and also a particular structure of police law as a sub-branch of modern administrative law of Ukraine is proposed. Specifically, it is a set of norms that define and regulate the formation of authorities that ensure public safety, law and order; tasks and powers of police authorities; grounds and procedure for application of police measures, procedures; rights and responsibilities of citizens in the field of police activities.

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1 Internal Security

1 Teka Komisji Prawniczej

1 Bilash O.

1 Karabin T.

1 Loffler B.

1 Peťovský M.

1 2022

1 2018

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The Permissibility of Interventions Into Fundamental Rights and Freedoms in the Exercise of Police and Security Activities

The Formation of Police Law in the System of Special Administrative Law of Ukraine