Охрана государственной границы

Abstract

Moral norms, public opinion or beliefs are not always sufficient for ensuring realization of legal norms. Therefore, the obligation of law is ensured by invoking assistance of the State under 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 usage of compulsion measures in all cases limits the opportunity of a person, against whom these measures are taken, to act according to his will, the use of measures limiting the freedom of a person must be regulated by legal norms leaving to the officer discretion rights manifesting only by choosing soft form of compulsion. The use of firearms is the most dangerous type of compulsion against a person. The state border guard law gives a wide discretion to act to the officials who use firearms. The co-ordination of legal norms that set the usage of compulsion measures with the regulations foreseen in the constitution of Lithuanian Republic have been analyzed in the article. The suggestions how to improve legal regulation are given as well.