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Eimutis Misiūnas

Abstract

The article analyzes the structure of the legal status of a police officer and the content differences between the institution and the officer’s legal status elements. The balance of the legal elements of a police officer is also analyzed. Presumptions for discussing this topic are sufficient.
The prevailing issues in the police system reveal the inadequate situation of the legal status of a police officer.
New factors such as the lack of employees, growing salaries in the private sector, increasing inflation, ascendant requirements for the quality of the officers’ work influence the effectiveness of the legal status and stimulate the discussions about this topic.
The paper consists of two chapters. The diversity of legal status elements provided in legal sources is analyzed in the first chapter. The legal status in the legal system is the identity of every legal subject therefore the question arises: what elements is the legal status composed of? While analyzing the issue of the structure of the legal status of a police officer the views of different scientists are analyzed, and the diversity of the legal status elements in legal sources is presented. It is acknowledged that different scientists distinguish different elements of the legal status. Legal acts of the Republic of Lithuania embedding elements of the legal status are discussed. It is noted that even legal acts embed different elements of the legal status. The absence of the exact definition of the structure of the legal status hinders the analysis of the situation of the legal status because status limits are unknown. The article also analyzes the content differences of the legal status elements of a police officer and the legal elements of the institution. It is stated that in scientific sources the main attention is given to the analysis of the legal status of the institution.
The compatibility of the legal status elements of a police officer is analyzed in the second chapter. It is stated that there has to be a balance among the elements of the legal status of a legal subject. If the crime level is high in a state, police officers lack respect and the police system is in shortage of officers then it is a direct proof that the elements of the legal
status of an officer are uncoordinated. It is declared that police officers of secondary and lowest ranks, who implement one of the most important objectives of a state, and possess extensive rights and strict duties can be sued.
The article draws conclusions that elements of the legal status of a police officer are not concerted among themselves and suggestions how this problem should be eliminated are proposed.

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Articles