Methodological and Theoretical Grounds for Police Law
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Abstract
The article discusses the methodological problems of the jurisprudence, relationship between the applied and fundamental aspects of the jurisprudence, stresses the importance of the applied activities of law in obtaining and structuring the results of the scientific researches in the area of the police law.
The article also examines problems of legal regulation of the activities of the Lithuanian law enforcement authorities by stressing the issue of using the term „law and order“. The possibility to consider the inclusion of the law enforcement agencies into the category of the state institutions, in their objectives and functions, power of law application and activities to apply it – by their unifying attributes.
The article seeks to define the place of the law enforcement agencies in the law system and in the legal system, as well as in the system of state institutions, and the problems of legal regulation of the activities of said institutions, seeking to define the legal branches application whereof dominates the activities of the law enforcement agencies. Such study requires quite an extensive analysis of the legal basis of law enforcement agencies. Within the framework of such analysis it is attempted to look systematically and freshly to the legal reinforcement of functions and objectives related to the state administration of law enforcement agencies and their internal administration, seeking possible grounds for structuring the police law and the science thereon.
The article aims to identify societal values the protection whereof and the legal regulation of the process of protection itself are attributed with a group of legal norms, that, provided there are sufficient theoretical grounds, may be addressed as a branch of law – police law.
One alternative is being considered to regard the police law as a sub-branch of the administrative law transcending the framework of a special part of this legal branch, regulating public relationships that are established when agencies of law and order are implementing the objectives and functions ascribed in the legislation, as well as performing the state administration of such institutions and protecting the safety of a person, state, society and nation, performing state administration of the spheres of home affairs and state security and ensuring the legal regulation of activities of the Lithuanian agencies of law and order.
The article also examines problems of legal regulation of the activities of the Lithuanian law enforcement authorities by stressing the issue of using the term „law and order“. The possibility to consider the inclusion of the law enforcement agencies into the category of the state institutions, in their objectives and functions, power of law application and activities to apply it – by their unifying attributes.
The article seeks to define the place of the law enforcement agencies in the law system and in the legal system, as well as in the system of state institutions, and the problems of legal regulation of the activities of said institutions, seeking to define the legal branches application whereof dominates the activities of the law enforcement agencies. Such study requires quite an extensive analysis of the legal basis of law enforcement agencies. Within the framework of such analysis it is attempted to look systematically and freshly to the legal reinforcement of functions and objectives related to the state administration of law enforcement agencies and their internal administration, seeking possible grounds for structuring the police law and the science thereon.
The article aims to identify societal values the protection whereof and the legal regulation of the process of protection itself are attributed with a group of legal norms, that, provided there are sufficient theoretical grounds, may be addressed as a branch of law – police law.
One alternative is being considered to regard the police law as a sub-branch of the administrative law transcending the framework of a special part of this legal branch, regulating public relationships that are established when agencies of law and order are implementing the objectives and functions ascribed in the legislation, as well as performing the state administration of such institutions and protecting the safety of a person, state, society and nation, performing state administration of the spheres of home affairs and state security and ensuring the legal regulation of activities of the Lithuanian agencies of law and order.
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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.
