scholarly journals Legalność stosowania środków przymusu bezpośredniego w kontekście gwarancji konstytucyjnych Studium proceduralno-prawne

Author(s):  
Anita Kubanek

State bodies have a right to resort to state compulsion, i.e. to a group of compulsion means which are an attribute of the state only. One of the most severe forms of state compulsion is direct compulsion which is applied predominantly by public officials in order to protect the rights and liberty of an individual and to ensure public safety. These means are designed to force a person to subordination to the commands based on law, which may entail the use of physical force. The purpose of this paper is to present the procedure and rules of using direct compulsion means and to discuss the level of legal interference in the individual’s rights and liberty.

2015 ◽  
Vol 60 (8) ◽  
pp. 66-80
Author(s):  
Anna Wierzbicka ◽  
Agata Żółtaszek

Maintaining security is one of public tasks that determine the quality of life of the population. This issue is the subject of much debate both social and political. An in-depth assessment of the situation requires a variety of analyzes, significant from the point of view of the implementation of appropriate, effective strategy to increase the sense of security among citizens. The aim of the paper is to compare the state of public safety in selected European countries. The study was conducted based on Eurostat data from the years 2005–2011.


Author(s):  
Robert Gwardyński

The Police constitute a major element in the state security system. Their operation has both a national and local dimension. The Police have an impact on a local community’s security, ensuring the safety of people, their health, life, property, as well as maintaining public safety and order. This article aims to indicate the areas of the Police’s operation that result in an improvement of the residents’ safety and an increase in their sense of security.


2017 ◽  
Vol 4 (6) ◽  
pp. 137
Author(s):  
Javier Eiroa Escalada ◽  
Luis Toribio Castro

Las banderas ya no tienen finalidad táctica, pero como símbolo de la nación, representan los valores superiores expresados en la Constitución de 1978.A diferencia de las Fuerzas Armadas, donde las banderas se mantienen como parte de las tradiciones, y aportan gran brillantez a los actos militares, en la literatura española existen pocos estudios relativos a la bandera en el ámbito de las fuerzas y cuerpos de seguridad del Estado.Tras un breve repaso a la normativa vigente en el ámbito de la Vexilología, este trabajo aborda el procedimiento para la concesión del derecho de uso de la enseña Nacional a distintas unidades de las fuerzas y cuerpos de seguridad de ámbito estatal, así como sus modalidades, uso y colocación en actos oficiales, honores y protocolo.Finalmente, se analizan las peculiaridades del ceremonial en el acto de entrega de la bandera, como distinción que se otorga en reconocimiento a la labor que desarrollan como garantes de las libertades públicas y de la seguridad ciudadana, considerando la distinta naturaleza -militar y civil- de ambos cuerpos de seguridad. _________________ The flags are no longer tactical, but as a symbol of the nation, they represent the higher values expressed in the Spanish Constitution of 1978.The Army has kept flags as part of the traditions, and provide great brilliance to the military acts. Instead, in Spanish literature there are few studies about the flag in the State Security Forces.After a brief review of current legislation in Vexillology, this paper deals with the procedure for bestowal of the use the National Flag to different units of the National Security Forces, as well as their modalities, use and placement in official events, honours and protocol.Finally, we analyze the peculiarities of ceremonial in the Act of delivery of the flag, as a distinction that is given in recognition of the work they perform as guarantors of citizen freedoms and public safety, considering the different nature - military and civil- of both security Forces.


2018 ◽  
Vol 37 (5) ◽  
pp. 580-604
Author(s):  
Matthew J. Nanes

How does demographic inclusion in domestic security institutions affect security provision in divided societies? Police officers rely on information from citizens to identify problems and allocate resources efficiently. Where conflict along identity lines erodes trust between citizens and the state, the police face difficulty obtaining information, hindering their ability to provide public safety. I argue that inclusiveness in the police rank-and-file addresses this problem by fostering cooperation from previously excluded segments of society. I test this argument in Israel and its conflict between the Jewish majority and non-Jewish minority. First, a survey of 804 Israeli citizens shows that non-Jews who perceive the police as more inclusive are more willing to provide the police with information. I then use original panel data on police officer demographics at every police station in Israel over a six year period to show that increases in police inclusiveness are associated with decreases in crime.


2019 ◽  
Vol 5 (1) ◽  
pp. 214
Author(s):  
Anna Tytko ◽  
Hanna Stepanova

The aim of the article. To analyse the specificities of asset and private interest declaration by public officials and representatives of political power, as well as to suggest the author’s original differentiation of declarations of assets, income, private interests, and gifts. The subject of the study is the procedure for submitting declarations by persons entrusted with functions of the state and local self-government bodies in some countries of Western Europe. Methodology. In the article, the method of deduction and induction enabled to study the features of violating the requirements of financial control through the procedure for submitting a declaration by persons entrusted with functions of the state and local authorities. The methods of deduction and synthesis enabled to define the concept of “asset and interest declaration”, practiced in some countries of Western Europe. A comparative legal analysis enabled to study the procedure for submitting an income and expenditure declaration in some Western European countries, identifying the main types of conflict of interest and income declarations, as well as differentiating persons obliged to submit declarations. The results of the study revealed that the foreign experience of asset declaration is closely intertwined with the private interest declaration. Practical implications. In the study: first, the specificities of foreign declaration practice, according to the subjects of such declaration submission, are outlined; second, the procedures for submitting declarations of income and expenditures, as well as interests, are analysed and compared; third, the author’s perspective on the differentiation of declarations and declarants is substantiated. Relevance/originality. The comparative legal analysis enabled to study the procedure for submitting a declaration of public officials in some countries of Western Europe, empowering to form perspective areas of legislation development in this sphere.


Author(s):  
Sergiy Vitvitskyi ◽  
◽  
Andriу Zakharchenko ◽  

The article analyzes the state of legislation as for provisions on the interaction of bodies and units of the National Police with local self governments in the field of public safety and order. The main directions of improving the legal basis of interaction of these bodies in this area are substantiated. One of the factors influencing the state of public safety and order in settlements is the degree of interaction of bodies and subdivisions of the National Police with local self-government bodies representing the respective territorial communities. According to the results of the study, the following areas of improvement of the legal basis for the interaction of bodies and units of the National Police with local self governments in the field of public safety and order were proposed: 1) standardization of the terms of cooperation of the specified bodies concerning maintenance of public safety and order in connection with the organization and carrying out of peaceful meetings and other mass actions; 2) consolidation of the recommended order of interaction between these bodies during the development and implementation of program documents on public safety and order; 3) determining the procedure for coordination by local self governments and the National Police in the field of coordination and control over the activities of public formations with regard of protection of public order and the state border; 4) legislative consolidation of the possibility of concluding agreements on interaction and coordination of activities by territorial police bodies and local self-government bodies; 5) determining the procedures for approval by territorial bodies (subdivisions) of the National Police of decisions of local self-government bodies on the issues of traffic organization and functioning of public transport. Separate elaboration requires regulatory regulation of relations arising in connection with the conduct of joint raids by representatives of local governments and the National Police and inspections of compliance with legislation in the field of landscaping, trade rules, etc. The search for optimal solutions to this problem should be the subject of further research.


2021 ◽  
Vol 29 (4) ◽  
pp. 897-919
Author(s):  
Katherine Hunt Federle

Abstract Vaccine hesitancy highlights a problem within current rights constructs under US law. Refusal to vaccinate is ineluctably cast as a contest between parental choice, to which the law traditionally defers, and state concerns for public safety and the individual welfare of children. But rarely is the discussion cast in terms of the child’s right to be vaccinated because our rights talk revolves around the capacity (or lack thereof) of the rights holder. If, however, we recast rights in terms of empowerment, then we can see that rights flow to the child, not because she has the requisite capacity but because she is less powerful. In this sense, rights exist for children because they are children. The authority of the state to mandate immunisation under US law also may be reconsidered because the state is acting to protect the rights of those less powerful – the children who cannot be vaccinated.


Author(s):  
Avinash Kapoor ◽  
Chinmaya Kulshrestha

Sustainability has been a concern of activists, organizations, and public officials for several decades. The chapter discusses an important issue: whether consumers purchase sustainable products because they perceive them to be higher in quality or because it makes them feel good. Finally, it submits that the sustained efforts of the organizations can fulfill a brand promise dedicated to enhancing the lives of citizens in the state, nation, and world!


1991 ◽  
Vol 31 (1) ◽  
pp. 448
Author(s):  
Denys Goggin

Australia's North West Shelf Project is based on the development of major gas reserves discovered in the early 1970s in deep water some 130 km off the coast from Dampier, Western Australia.The project was developed in two phases. The Domestic Gas Phase, completed in 1984, supplies pipeline gas to the State Energy Commission of Western Australia for distribution in the south-west of the State. The Liquefied Natural Gas (LNG) Phase involves the export of LNG to eight Japanese power and gas utilities under 20-year Sale and Purchase Agreements. The production and export of LNG commenced in 1989.A Total Hazard Control Plan (THCP) has been developed for the project's onshore and offshore facilities to ensure that all hazards which could affect public safety outside the plant boundary are identified and controlled for the life of the site.The THCP applies to all sites, including the trunkline, onshore gas treatment plant, King Bay supply base and North Rankin A offshore platform. The objectives of the THCP are: to identify the hazards that exist together with their potential consequences; to list the policies and procedures which control the hazards and assign responsibility within the organisation to ensure that those policies and procedures are implemented; to provide verifiable assurance to Government that the Project Operator, Woodside, comprehensively and systematically controls all foreseen hazards to public safety, at the level of 'reasonably practicable'.Compliance with the THCP is verified using a structured auditing programme involving both internal and external audits.


2019 ◽  
Vol 47 (S2) ◽  
pp. 112-115 ◽  
Author(s):  
Michael R. Ulrich

The call for a public health approach to gun violence has largely ignored what role the nascent Second Amendment jurisprudence will play in hindering change. Given the state interest for infringing on Second Amendment rights is nearly always public safety, public health law doctrine provides an apt framework for analysis.


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