Prievartos naudojimo įgyvendinant valstybės sienos apsaugos tarnybos funkcijas teisinio reguliavimo aspektai

Abstract

For ensuring legal norms obligation use, moral norms, public opinion or beliefs are not always sufficient, so the obligation of law is ensured by invoking to assistance the state compulsion. Officials possessing corresponding authorizations in the cases provided by laws are entitled to use compulsion when it is necessary to prevent legal violations, detain the persons who have committed them and other cases during protection and defence of the legitimate interests of a person, society, state. As the employment of compulsion measures in all cases limits the opportunity of the person against whom these measures are used to act according to his will, the use of measures limiting the freedom of a person must be regulated by legal norms of law leaving to the officials  discretion rights manifesting itself only by choosing a gentler form of compulsion. The use of firearms is the most dangerous type of compulsion against a person. The state border guard law for the officials who use firearms gives a wide discretion to act. In the article the co–ordination of legal norms that set the employment of compulsion measures with the regulations foreseen in the constitution of Lithuanian Republic have been analyzed. The suggestions how to improve legal regulation are given.