Theoretical and Conceptual Foundations of Police Law
Abstract
The article is devoted to the historical and legal analysis of scientific views on the nature of police law, to determine the content of this sphere. The article describes the theoretical rationale and outlines the boundaries and the place of police law in modern legal system of Ukraine. Scientific views of well-known scientists of police law of late nineteenth and early twentieth centuries are under the research.
Historical and legal analysis prompts us to view a detailed review of the current state of legal regulation of the certain kind of social relations, which is primarily characterized by publicity and power-subordinate inequality. In short, the time has come to clearly recognize the existence of police law as one of the elements of the national legal system. It is the body of laws governing social relations in the field of policing, these are activities of executive bodies (officials) and other authorized entities that, combined with direct invasion (public, taking the form of coercion or unwritten) in the right and freedoms of physical persons and legal entities, which flows outside the criminal and penal processes. Obviously, the legal rules of police law have the administrative and legal nature. However, the subject and method of the police law have the following features that allow it be a relatively independent element in the system of law.
The existence of policing, police regulations and police relations indicate the real existence of social relations in the sphere of public order arising both between citizens and between citizens and the state. Police law has actually existed since inception and development of the state, which was designed to protect public order and carry out public order inside the state. At some historic point in of the state development the police law legally existed in the law system, and then the police branch of law has been replaced by the branch of administrative law. However, at the present stage of nation-building and the development of national systems of law, administrative law does not meet the requirement for regulation of police and social relations. The realities of today require a sub branch of administrative law - police law.
All these reasons make possible to examine police law as one of the sub-sectors of administrative law. Sub branches of law, generally typical to such a super branch as administrative law, have a dual nature: on the one hand, they are endowed with all the attributes of the sphere of law, providing the specific legal regime of legal regulation, on the other – keep the system connections with the super branch.
As police law develops towards a more internal interconnection of its sources, their bigger isolation from the other legislation and thus towards enhance of its autonomy, it is possible to continue defying of the independent legal status for a police area of the law, as happened, for example, with a financial, banking, land or environmental law.
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