Suchergebnisse

The normative regulation and specifics of the organization of police forces of Poland have been researched; the Law on the Police of 1990 and other normative acts in this area have been analyzed. It has been noted that after the democratic revolution of 1988-1989, the reform of the Polish police forces has become one of the priorities of democratic government. The system of agencies of the Ministry of Interior has already undergone changes at an early stage of reforms, when in April 1990 the Laws on the Ministry of Interior, on the Police and the Office of State Protection have been adopted. Instead of the militia, they created the police, and the vast majority of former officers of militia, except a part of the leadership, automatically became police officers. It has been demonstrated that the central agency of state administration responsible for protecting people's safety and maintaining public safety and law and order is the Chief Commandant of the Police, who is subordinated to to the Minister responsible for internal affairs. The Chief Commandant of the Police is the head of all police officers. The Commandant of the Police is appointed and withdrawn by the Chairman of the Council of Ministers on the recommendation of the Minister responsible for internal affairs. Attention has been paid to the special powers of the police. In the case of disobedience to the police ordinance issued according to the law, police officers may use the following means of immediate coercion: 1) physical, technical and chemical means for deprivation of freedom of movement or convoy of persons, as well as for stopping trains; 2) official batons; 3) water stopping devices; 4) official dogs and horses; 5) non-penetrating bullets shot with firearms. Police officers may use only such coercive measures as are appropriate to the needs arising from the present situation and are necessary to achieve subordination to the issued ordinance. It has been concluded that the process of reforming the Police of the Republic of Poland was long, occurred in several stages for almost three decades, its main factor was the commitment to implement the standards and values of the European Union's police activities, the joining of which was a strategic goal of the state. Besides, nowadays the organization of the Police in Poland confirms the balance between organizational efforts and resource provision, which are focused on achieving clear results in efficiency indicators of the police forces. ; Досліджено нормативне регулювання та специфіку організації поліцейських сил Польщі, проаналізовано Закон про поліцію 1990 р. та інші нормативні акти в цій сфері. Зроблено висновок, що основною причиною реформування поліції Польщі було зобов'язання щодо втілення стандартів і цінностей поліцейської діяльності Європейського Союзу, вступ до якого був стратегічною метою держави.

Particular attention is paid to the issue of the growth of the role of the comparative legal method, the method of its conduct, as well as the factors that determine the growth of its role. First, it is noted that after the World War II the universally recognized principles of international law have been developed and consolidated in the UN Charter and in other fundamental international legal instruments. Speaking as a product of customary international law (that is the result of the practice of civilized nations in relations between themselves and with societies), they have become universal in character, which puts them "at the apex" of world order. Such principles as respect for human rights, state sovereignty, and territorial integrity of states have received generally accepted content. In many European countries they have "immediate effect", gaining constitutional character. This means that within the framework of national legal systems a new phenomenon has been created, which is really a common archetype present in the constitutional system of every civilized state. Secondly, comparative law is used today as an instrument for judicial investigation of a legal case and, therefore, the argumentation of a court decision. This approach is widespread in the practice of higher courts of states and in particular the European Court of Human Rights. Conclusions have been made that after the World War II there was no significant legislative project, which to one degree or another would not be accompanied by extensive comparative legal research. Such an approach should be reflected in the practice of reform in Ukraine. It is important to emphasize that the comparative approach is inherent not only for science, but also for law-making and law-enforcement bodies (courts). An adequate methodology of a comparative legal approach takes into account a comprehensive understanding of the law itself (written and unwritten), as well as its broad social context. In addition, the change in the nature of international law, the development in the past three decades of full-fledged regional law-enforcement (for example, European rule of law), as well as the strengthening of their interplay with national legal orders, necessitates the use of so-called "vertical methods" of comparative research. ; Досліджено порівняльно-правовий метод в умовах глобалізації. Звернено увагу на нові ознаки сучасного світу, коли інтернет та інші фактори роблять його взаємопов'язаним, але при цьому різним. Проаналізовано методику застосування порівняльно-правового методу, а також фактори, які зумовлюють зростання його ролі. Окремо показано використання порівняльно-правового методу у практиці Європейського суду з прав людини.