Карактеристике правних режима делатности полиције
Characteristics of Legal Regimes Governing the Scope of Police Activities

Author(s): Miloš Prica
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Scope of the police activities; Teleological legal positions; Systematic legal positions; Regulatory legal positions; Legality in the material sense; Legality in the formal sense;
Summary/Abstract: In various areas of the legal order, numerous legal regimes govern the subject matter and activities of the subjects of the legal order. Legal regimes are composed of legal principles and legal norms, which are fundamentally based on difference between teleological, systematic, and regulatory legal positions. The legal regimes present in the legal order differ in their content, and the basic criterion for distinction is embodied in the relationship between legal principles as teleological legal positions and legal norms as systemic and regulatory legal positions. The regulatory activity of the police rests on the legally binding nature of legal norms as regulatory legal positions and assessment of expediency (purpose and effectiveness). On the other hand, the physical activity of the police can be governed only partially by legal norms as regulative legal positions; consequently, the legal norms as systemic legal positions prevail in the legal regime governing the physical activity of the police. For the purpose of protecting the public order, the physical activity of the police is reinforced by the presumption of legality, the assessment of expediency, and the possibility of immediate execution, whereas the legal norms as systemic legal positions are equally present in police control, monitoring and supervision activities. Bearing all this in mind, and depending on the specific form of police activity in the legal regime regulating police activities, it is important to make a clear distinction between legality in the material sense and legality in the formal sense.

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