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- Title
Preprečevanje nevarnosti kot podlaga za izvajanje varnostnih pooblastil.
- Authors
Žaberl, Miroslav; Pozderec, Franc; Oberman, Ivanka
- Abstract
Purpose: The purpose of the article is to present how the police provide security for citizens and at the same time take care to avoid danger. Another goal is to figure out how a valid legislation affects the exercise of police powers. Methods: The main method is a description method. Using the systematic review of literature (study literature, judiciary analysis, Internet resources), we obtained data based on which we explored and analysed the importance of safety, the importance of human rights and fundamental freedoms and the rule of law, in conjunction with the Slovenian police legislation. All of the above gives us an integrated approach to the selected topic. Findings: Prevention and elimination of risks is a central task of the police. At the same time, it is the basis for the use of police safety powers. When carrying out police tasks, the police must act only in accordance with the police powers prescribed by laws and by-laws. On the basis of statutory powers, police is responsible for the successful and effective enforcement of regulations in carrying out a specific police task. Carrying out police powers constitutes an interference with a particular human right or fundamental freedoms. Above all, the rule of law which is extremely important, is strictly binding for all administrative bodies in accepting general decisions, as well as in direct decision-making on the rights and obligations of individuals. The principle of legality, however, is one that indirectly points to the essence of the philosophy of excluding the unlawfulness of the legitimate act of the authorized person. It is one of the fundamental principles for the use of police safety powers. Practical Implications: Good knowledge of police powers and the rights and obligations held by police officers while performing their work is the basis for the legal, professional and diligent performance of the tasks of the police. The European Convention on Human Rights is one of the cornerstones which police officers must observe when they interfere with the constitutionally protected human rights. Originality/Value: The authors of the article consider theoretical assumptions of security, respect for human rights and fundamental freedoms and the rule of law on the basis of Slovenian police legislation.
- Publication
Varstvoslovje: Journal of Criminal Justice & Security, 2017, Vol 19, Issue 3, p273
- ISSN
1580-0253
- Publication type
Article