The practical aspects of use of certain police powers and duties

Abstract

The Police of the Republic of Serbia are organized on the so-called centralized police system. This is still not only a modern type of system but the most prevailing one since a majority of countries aim to introduce or have already introduced the centralized police system rather than decentralized one (an example of a country with a centralized police system is France whereas Great Britain has a decentralized police system). The police functions are under jurisdiction of the Ministry of Interior and the police system is under the control of the General Police Directorate. Within the Police Directorate, territorial police headquarters have been formed where most of the police duties are performed. It is important to mention that the Constitution ensures a wide spectrum of human rights and freedoms which are regulated by the law. Among many statutory authorities which have power to impose limitations, it is the police that in most cases apply the measures of enforcement regarding particular individuals who break the law. The limitation of certain human rights and freedoms is usually carried out by the police in ad hoc situations whereby a police officer has to act swiftly and to decide on the most efficient and the smoothest method while performing specific police duties. The paper aims to draw the attention of the professionals in the area to some distinctive features of certain police responsibilities and duties, as well as to point out to the problems which occur when the rules and regulations laid down by law are carried out in practice. The Law on Police is the basic law which controls police activities. Recently, there has been a significant increase in laws and regulations which are becoming more and more voluminous. In addition, the police have been given authority over a great amount of new duties which concern the treatment of citizens. Special attention will therefore be drawn to the police powers and responsibilities that are upheld simultaneously in several directives. Furthermore, the paper considers how other overwhelming duties, which are not directly related to the police functions, affect the actual police activities and disrupt the performance of the basic police duties which include the protection of community members and their property, civil rights and freedoms, public peace and order as well as social and national regulatory activities. It is questionable whether the increase in the quantity of police duties would inhibit the quality of their performance.