Policijos teisės prielaidos: policijos teisės santykis su administracine teise

Abstract

The article analyses the issues of modern Lithuanian legal administrative system. Security of a person, society and the State is a complex, political, sociological and legal phenomenon that ensures social well–being thus in order to develop conditions for an effective legal protection of the aforementioned social values it is necessary that an appropriate system of national authorities is in place and a system of positive legal norms is in place to regulate the establishment and functioning of such authorities. By applying the selected methodological background of the police law it should be concluded that theoretical identity of the police law should be linked with the need for knowledge on securing protection of a person, society and the State by regulating it by a unified system of legal norms. It is suggested, that the structure of the administrative law branch should be improved by replacing general and special parts with sub–branches of the administrative law. It is proposed to stipulate that administrative law is divided into the governing law and the police law. The governing law would include laws and by laws that contain norms of the administrative law and that regulate public relations in the public administration sector and it would be the legal basis for exercising the executive powers. The police law would include institutes of application of control, supervision, coercion, operative action and administrative penalties and would regulate public relations that occur when nationally administering protection of a person, society, the State, national security and public order and by ensuring appropriate legal regulation of establishment and functioning of the Lithuanian law enforcement authorities. The police law is not only a hypothesis. It is an objective legal reality, a de facto existing system of legal norms that define obligations, rights and liability of law enforcement authorities and statutory civil servants thereof, their relations with citizens, finite list of methods for administrative breaches, administrative penalties and authorities to enforce them, procedure for application of direct coercion and jurisprudence for administrative breaches.
Relationship of notions found in the „police“ laws, application of same policing (this notion includes administrative and operative action) methods by the national authorities, unification of legislation regulating their establishment and functioning, relationship of their notions enables to speak of a system of laws and certain bylaws that regulate protection of a person, society, the State and the national security, public order, legal regulation of management and functioning of the Lithuanian law enforcement authorities. An objective existence of the system of legislation that regulates this legal sphere is a real pre–condition for a distinction of the police law.
Distinction of individual sub–branches within the administrative law would enable a better structuring of the object it regulates and a search for more effective and novel methods for administrative–legal regulation. The whole administrative law could be divided into two massive sub–branches: the governing law and the police law. Another concept for the reform of the administrative law could be based on development of sub– branches basing on the vastest and most independent institutes of this law.
The object of the police law contains the part of the public relations regulated by the administrative law that occur in the sphere of national administration of protection of a person, society, the State and the national security, public order and establishment and functioning of the law enforcement authorities.
Although the method of the police law contains all features typical for the method of the administrative law yet it should be treated as a complex method for legal impact upon public relations that includes methods of operative action and application of measures of administrative coercion.
External functioning of the administrative law manifests in prohibitions, permission, control, supervision and liability and thus should essentially be transferred to the police law. Such a division would mean that the positive legal regulation defining certain administrative–legal regimes and rules as well as the arrangements for governance would belong to the administrative law, while control, supervision, monitoring, prevention, application of coercion and sanctions pertaining to such rules would be part of the police law. Such a division would be logical and methodologically grounded. Moreover, it would eliminate the discussion on the relation of the Administrative Code (AC) with the administrative law and on the place of the former in the latter. AC (or the Code of Administrative Penalties) stipulates sanctions for breaches of many of legal acts (laws and bylaws containing legal norms) that are sources for the administrative law. Therefore basing on the aforementioned system of sub–branches such legislation should be part of the administrative law while the collection of references to liability for their breaches also known as the AC should belong to the police law. Conditions for sucha reform are provided by the structure of the AC and the list of national authorities that have powers to issue protocols of administrative breaches and enforce administrative penalties.