Teisinės prievartos funkcijos realizavimas policijos veikloje

Abstract

Master’s final work detects main peculiarities of administrative compulsory measures application process. By using theoretical and empirical knowledge methods, author strives to detect essential problems, raise them to the level of academic discussion and propose some presumptive motions to solve problems, as far as it relates to the analyzing subject. Administrative compulsion in its spirit is one of general legal compulsion forms with it’s own peculiarities and ways of actualizing them, principles, distinguishes by it’s own application process features. In strictest sense of the word, administrative compulsion could be defined as competent, mostly state’s executive authority institution’s or it’s plenipotentiary public official’s, purposeful activity in state governing range, actualizing general and special principles of legal compulsion, by applying means of administrative law, what strives to preventive intercept the way not to do such kind of violations in future acts or to break wrong actions, arraign culpable person to the administrative amenability, also to secure safety of the society. However, human right has to be strictly regarded. Although administrative compulsory measures may be classifiable on various grounds, however the most prevalent classification method is segregation of three main groups: a) Administrative preventive compulsory measures b) Compulsory measures of administrative detention c) Administrative penalties. As well, some authors separate one other group of administrative compulsory measures- administrative procedural (process-secure) compulsory measures. By authors chosen unconventional classification model of administrative compulsory measures, division is made according character and seeking goals of the administrative compulsory measures. According this strategy it is distinguishable: a) Administrative compulsory measures related with limitation of person’s acting freedom b) Administrative compulsory measures related with limitation of person’s movement freedom c) Administrative compulsory measures of prevention d) Administrative compulsory measures of amenability applying. From theoretical point it is detected the relation between administrative compulsory means applying and administrative relict cases proceeding, discussed main principles of administrative process. Under the method of comparative analysis author disputes a question of general legal compulsion actions applying process and it’s relation with civil, administrative and criminal law, by accenting main resemblances and discrepancies. Third part of the postgraduate closing work in more detail detects applying process of separate administrative compulsory means, by more attention giving on administrative compulsory means one way or another limiting main rights and freedoms of individual. Author brings up plenty of judicial practice examples, briefly discusses the experience of foreign countries, gets across patricians opinions and remarks. There is also individually analyzed administrative compulsory measures application process on individuals or their groups with special features.