Sekundarni povzetek: |
The dissertation deals with the field of professional and internal supervision over the exercise of police powers in the Police and other repressive bodies. Police and other repressive bodies, in order to effectively carry out tasks, need various powers that interfere with the human rights and fundamental freedoms of an individual. Exercise of power therefore poses a risk of abuse. That is why repressive authorities, in order to exercise police powers, must have adequate and effective control mechanisms in place with external and internal controls. The state is de facto responsible for the establishment of such control mechanisms or systems that prevent and detect violations of the permitted intervention by the repressive body into human rights and fundamental freedoms. Presented field of control is, in modern democratic societies, next to other elements of the management of repressive bodies, a great social challenge and crucial to the development and existence of a democratic society. Police and other repressive bodies need a continuous process of supervision to assess and verify the legality of their work, effective implementation of social expectations, and above all to increase the legal security of citizens. Such supervisory activities that carry out professional and internal supervision over the exercise of police powers therefore need appropriate regulation and placement of supervisory bodies in positive legal frameworks. The main discussion of the doctoral dissertation is the establishment of the most appropriate model of effective and successful professional supervision of the police and other repressive authorities in the exercise of police powers in the Republic of Slovenia. At the moment, the control system over the repressive authorities undoubtedly works, but needs a thorough discussion of the possible upgrade and improvement. Data for the proposed solutions were collected in a critical review of Slovenian and foreign literature in the field of police supervision and other repressive authority bodies, legislation analysis and organizational scheme in the field of supervision, guidelines, supervisory institutions and the powers and competencies of supervisors. Based on the study of the recommendations and proposals by the authors of the modern doctrine in the field of supervision, especially over police and some other state authorities with repressive powers, some models, such as independent supervisory bodies or even state control institutions, are presented as a national solution. Such supervisory institutions enable the overall regulation of special powers (sui generis) or the powers of supervisors in the field of supervision and complaints procedures of individuals Contemporary theorists point out this type of problem mostly in the inequality of regulating professional supervision in the police as well as other repressive authorities in the exercise of competent powers. Certain questions regarding the professional supervision of these authorities are therefore justified, since various mechanisms and procedures of the competent supervisory state bodies are relatively unrelated to each other and therefore less effective. At the same time, we should not ignore the opinion of contemporary scientific researchers that the connections between state authorities with repressive powers and operational bearers of the executive branch, are quite frequent and from organizational operational point of view and sometimes even from the perspective of the public, ambiguous. It is therefore necessary, also in the Slovenian national area, to establish a balance between professional supervision and repressive authority bodies, since it is primarily the duty of the state to establish a supervisor of such bodies, which will be systematic and efficient. With independent and transparent supervision, the state shows that it is a legal, democratic state, which cares about protecting human values of the individual. The merging of supervisory powers is a paradigm of time of work area and the competences of various authorities (the ministry, directorates, inspectorates, etc.), that have been in some parts identified by some theorists as a scientific problem of the placement of an independent supervisor in the existing state system. Perhaps, in the context of professional supervision of authorities with repressive powers, theorists should think more restrictively, aimed at respecting the morally ethical principles of democracy in modern societies. This should foresee the independence of the control these authorities. It is precisely the latter element of democracy that can contribute to the establishment of an independent expert authority over the exercise of police powers of the repressive authority bodies, which might need to be included in another already existing (supervisory) body and ensure proper placement in the democratic system, adopt appropriate regulations and ensure adequate organizational conditions for its functioning in a modern democratic society. Based on scientific knowledge, it was found that, for example, none of the internal supervisory mechanisms in the repressive authority bodies treats possible disturbances with the operational autonomy of individual supervisory authorities. In particular, there is no professional authority, which would react adequately and effectively to the interference with the autonomy of a particular body holder (minister, mayor, general director, etc.). For the purposes of creating the most efficient, independent supervision of the repressive authority bodies and over the exercise of their powers, which, according to the Slovene situation, would be part of the existing social and political system of the Republic of Slovenia, the control models in some selected foreign democratic countries, both inside and outside the European area have been analyzed in details. Some solutions or models of professional and internal control over the exercise of police powers - the police have been proposed. In the qualitative scientific method, we received a fairly good assessment of professional supervision of the police and an incomplete assessment of other authorities with repressive powers. In addition, the question about providing adequate professional staff arises (transitions from existing bodies to a new authority or from a lower level to a higher level of professionalism), who should have special skills, competences and powers to perform their duties (sui generis). Using the synthesis of comparative scientific findings, the application of some models of an independent supervisor over exercising police powers in the police or other state authorities with repressive powers, will follow, that would build and demonstrate an effective, democratic, uniform control system. In order for the system to be effective at interventions in human goods, it would establish a democratic approach of the protection of human rights that have been carefully implemented in international legal acts and the Constitution of the Republic of Slovenia. The dissertation importantly contributes to the field of supervision over police in the exercise of police powers or other state bodies with repressive powers. It also offers a solution to the practical application of supervision to all branches of executive repressive authorities in Slovenia who in any way interfere with human rights in exercising their powers. |