Premises of the Police Law: the Problem of Legal Regulation of Operative Activities
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Abstract
The article is intended to show the importance of the police law in order to ascertain the legal identity of the operative activities. Police law regulates public administration of authorities ensuring personal, public, state and national security, as well as establishment and activities of law enforcement authorities. In such way, provisions of police law create legal relations of management nature. On the other hand, the purpose of law is to regulate legally the implementation of policing function of the state. Such function takes form of administrative supervision, possibility to use administrative coercion, to collect information about persons, events, phenomena, and organizations, to carry out prevention of law infringement, to implement national programmes to such end, to carry out operative activities, protection of state and service secrets, intelligence and counter-intelligence.
Such wide spectrum of means and functions proves the importance of the aforementioned function of the state and its significance for ensuring national security. It encourages to reveal the legal identity of operative activities and the affiliation with legal branches of provisions that regulate it.
The article also focuses on the relationship between operative activities and legislation that regulates it with human rights and freedoms. Certain attention is given to the issues related with the constitutionality of secondary legislation intended to regulate operative activities. The jurisprudence of the Constitutional Court is analysed as well. The relationship between the Law on Operative Activities and the Code of Criminal Proceedings is studied by focusing on the relationship between the coercion measures provided for in the Code of Criminal Proceedings with the means of operative action provided for in the Law on Operative Activities.
Such wide spectrum of means and functions proves the importance of the aforementioned function of the state and its significance for ensuring national security. It encourages to reveal the legal identity of operative activities and the affiliation with legal branches of provisions that regulate it.
The article also focuses on the relationship between operative activities and legislation that regulates it with human rights and freedoms. Certain attention is given to the issues related with the constitutionality of secondary legislation intended to regulate operative activities. The jurisprudence of the Constitutional Court is analysed as well. The relationship between the Law on Operative Activities and the Code of Criminal Proceedings is studied by focusing on the relationship between the coercion measures provided for in the Code of Criminal Proceedings with the means of operative action provided for in the Law on Operative Activities.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
