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Gintautas Danišauskas

Abstract

The notion of the legal service, its essence and basis, has already been analysed in the scientific works of the Law University of Lithuania. While analysing the content of the legal service, a conclusion was made that it is it that guarantees equal cultural exchange in the cultural activities of individuals. The works highlighted that the legal service evolving from the basis of legal law is the value, with the help of which a complete compromise and mutual respect may be achieved among people. Compromising, humanistic cultural exchange originates from its basis.
This work is underpinned by Article 5 of the Constitution of the Republic of Lithuania and seeks to examine one of the functions of the police – preventive activities against breaches of law – and to relate it to the human rights. A deliberation is made why the preventive function of police against other functions, is at the first sight more effective in safeguarding the human safety needs and thus can guarantee his constitutional rights and freedoms. The article analyses the significance of the prevention of breaches of law in striving to provide legal service in the relationship between society and police. An assumption is made that the police could not be legetimate once it does not serve for the human rights and their basic needs as the state institution. Taking into consideration the Constitution of the Republic of Lithuania, as well as the works of Lithuanian and foreign authors, an attempt is made to cast a look at the obligation stated in the Constitution for the state institutions to serve people and its provision on the preventive police activities. The relation between the constitutional obligation for the state institutions to serve people, the preventive activities of the police and the actual realization of human safety rights is analysed.
The work does not attempt at examining the other part of the legal service content element, i.e. the society’s obligation to the police, which is a composite part of the service. The work is focused on the one content element of the legal service – preventive service of the police to society against breaches of law.

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Section
Articles