THE IMPORTANCE OF REDUCTION OF DISCRETIONARY POWER TO ZERO IN THE PREVENTIVE ACTIVITY OF THE POLICE

Abstract

According to the definition elaborated in the 19thcentury, the police represent the “monopoly of the state on the use of force.” The monopoly on the use of force is a delicate sphere of activity, since it creates the risks of abuse of power and possibilities of non-disclosure of human rights violations. For this reason, this activity is limited by general principles characterizing a legal state.

Since the police have discretionary power while exercising police activity, there should be a means to balance its scope. According to Article 7 of the Constitution of Georgia, while exercising authority, the people and the state shall be bound by universally recognized human rights and the existing law. This limits the scope of police activity with human rights, in accordance with the principle of proportionality and sets grounds for the transformation of police authority into an obligation, based on specific circumstances.

This research determines the interrelation between discretionary power in preventive measures of the police and fundamental rights.

This paper discusses the essence of police as a subject exercising public administration and the issue of differentiation of police activities, since this paper is related to preventive activities the police exercise. The main focus is on the importance of discretionary power in police activity and the reduction of its scope to zero. Finally, in conclusion, the specific fundamental rights for which the reduction to zero of discretionary powers will follow, will be discussed.

For these purposes, the following research methods were used: legal teleology – through extension and reduction;

Systemic clarification – through analysis of administrative and criminal legislation in the process of differentiation of police activities.

The research is based on the analysis of legislative acts, scientific literature, and case laws. Relevant examples are discussed.