@article{
author = "Коларић, Драгана and Марковић, Саша М.",
year = "2016",
abstract = "New Law on Police has been adopted at the time marked by
multifaceted reforms. Full membership in the EU, i.e. European
integration processes require solving numerous preliminary issues
related to the harmonization with the EU legal heritage. Naturally, the
reasons for the adoption of new legislation can also be the result of our
bad experience and the existence of the need to govern some issues by
certain regulations in a better, more precise and more effi cient manner.
From legally-technical point of view, and in order to establish coherent
legal system in Serbia, it was necessary to harmonize it with many
other regulations adopted in our country recently.
Legal-political postulates, i.e. the concept of the new law, can to
a large extent offer the answer regarding the goals wished to achieve.
On this occasion we shall initiate some questions which we consider
important. First of all, it is the question if the legislator has successfully
fulfi lled the main task, and that is the protection of fundamental
freedoms and rights of the citizens, the protection of their security and
the security of the Republic of Serbia. The fundamental constitutional
postulates and their effective or declarative implementation are also
closely connected with the protection of fundamental rights and
freedoms. Speaking of the announcements, statements or proclaiming
of some principles without real effect, the question is asked if it was
necessary at some points within the law, when it implicitly results
from other regulations. There are also some open dilemmas about the new provisions which are not precisely determined by this law and
leave space for possible abuses by their structuring within by-laws.
When 1991 Law on Internal Affairs 1991 ceased to have
effect and upon the adoption of 2005 Law on Police, our legislator
continued the tendency of thorough regulation of internal affairs and
more precise regulation of the fi eld of public security. 2016 Law on
Police (hereinafter referred to as ‘the Law’), although a new legal text,
is actually an expanded and modifi ed version of the 2005 Law on
Police. Judging by the title, at fi rst glance the Law seems to regulate
only the fi eld of the police work. However, it refers to all segments
of work of the Ministry of Internal Affairs, in other words the
provisions referring to the Police, i.e. the central organizational unit
of the Ministry – the Police Directorate, make only a part of the law.
Numerous novelties characterize the new Law: police powers are more
closely regulated, as well as the tasks, measures and actions taken by
the police, there is a more thorough and more precise organization of
the Ministry and human resources management, as well as the rights
and obligations in the fi eld of labour relations of the employees. The
role of the Internal Control Sector (hereinafter referred to as ICS)
has been strengthened. This organizational unit of the Ministry,
when compared with the previous law, has many new powers, such
as preventive control supervision of all organizational units of the
Ministry as just one of them, and for the fi rst time since its founding
it is actually responsible to control the work of all people employed
by the Ministry. Out of many novelties which suggest some political
bases of the new Law, we shall review in more detail the selection of
the Police Director and his/her position and role, the position and role
of the Minister in relation to the ICS, the provisions on termination
of employment by the power of law as well as their relation to the
constitutionally proclaimed right to the presumption of innocence. As
for certain provisions of the Law, from the legal point of view, taking
into account the importance of opposing to certain forms of crime
and crime in general, we shall analyze the provisions referring to
the suppression of family violence, the suppression of corruption by
strengthening the ICS, and the concepts of community policing and
Intelligence Led Police.",
publisher = "Београд : Институт за политичке студије",
journal = "Српска политичка мисао = Serbian political thought",
title = "Неке правно-политичке поставке новог Закона о полицији, Some legal and political postulates of new Law on Police",
volume = "23, 51",
number = "1",
pages = "169-197",
url = "https://hdl.handle.net/21.15107/rcub_jakov_1578"
}
