scholarly journals Cooperation and collaboration between the Polish Police and Armed Forces of the Republic of Poland in terms of ensuring security and public order

2020 ◽  
Vol 31 ◽  
pp. 200-210
Author(s):  
Dominika Rozborska ◽  
Keyword(s):  
Armed Forces ◽  
The State ◽  
Public Order ◽  
Main Task ◽  
Public Authorities ◽  
State Of Emergency ◽  
State And Society ◽  
General Obligation ◽  
The Republic ◽  
Vast Area

Ensuring security and public order is one of the most important, constitutional objectives of the State and at the same time the task of many public authorities. The Police is leading, uniformed and armed formation in a system of public safety authorities whose overriding operating objective, determined by the legislator is to serve the society by protecting people’s safety and maintaining security and public order. However, in carrying out tasks related to such vast area of activity, the Police does not have to be unassisted. Natural partner for the Police is the army, despite the fact that the main task of the Armed Forces of the Republic of Poland is to protect the State and society from external military threat. This study aims to characterize formal foundations and scope of cooperation between Polish Police and Armed Forces in terms of ensuring security and public order. For this purpose, legal basis for providing support for the Police by the Polish Armed Forces under the laws on: state of emergency, natural disaster, crisis management, the Police, counter-terrorism actions and general obligation to defend the Republic of Poland and issued regulations based on them were examined. This article also refers to the issue of cooperation of the Police with the Armed Forces of the Republic of Poland on the basis of concluded agreements.

scholarly journals Pembaharuan Hukum: Peran Tentara Nasional Indonesia Dalam Penanggulangan Aksi Terorisme (Kajian Undang-Undang Nomor 5 Tahun 2018 tentang Pemberantasan Tindak Pidana Terorisme)

2021 ◽  
Vol 8 (3) ◽  
Author(s):  
Arief Fahmi Lubis
Keyword(s):  
Armed Forces ◽  
The State ◽  
Police Force ◽  
Main Task ◽  
Territorial Integrity ◽  
Broad Scope ◽  
Legal Perspective ◽  
The Face ◽  
Entire Nation ◽  
The Republic

The Involvement of the Indonesian National Army in countering terrorism, that is in article 7 paragraph (1) law of Republic of Indonesia number 34 of 2004 concerning the Indonesia National Army  which reads; The main task of the Indonesian National Army is to uphold the sovereignty of the state, maintain the territorial integrity of the unitary state of the Republic of Indonesia based on Pancasila and the 1945 constitution and protect the entire nation and Indonesia’s blooshed from threats and assumptions to the integrity of the nation and state. We Consider that acts of terrorism are based on ideology which want to change the basis of the state, so it is very relevant to the presence of the Indonesian National Army involvement in counterterrorism. The Indonesian National Army authority on the elimination of terrorism is an on going debate. Authority is the making of decisions commanding and accountable to others. The Indonesia National Army authority is given on the grounds that terrorism is seen as a thereat to the integrity and defense of the state. In overcoming the act of terrorism as referred to in paragraph (1) shall be carried out in accordance with the main task and functions of the Indonesia National Army if seen in law number 34 of 2004 concerning the Indonesia National Army, the duties and functions of the Indonesian National Army have a too broad scope including the task of deterrence, repression dan recovery which in a legal perspective can be interpreted as acts of intelligence, investigation, even remdial action. However, the Indonesian Armed Forces crackdown on terrorism should continue to put  the Indonesia police force in the face of effort to avoid actions potentially in frined on human rights.Keyword : authority, the Indonesia Nastional Army, the countermeasure of terrorism and nastional sovereignty.  AbstrakKeterlibatan TNI dalam penanggulangan terorisme yaitu pada pasal 7 ayat (1) Undang-undang Nomor 34 tahun 2004 tentang TNI yang berbunyi; Tugas pokok TNI adalah menegakkan kedaulatan negara, mempertahankan keutuhan wilayah negara kesatuan Republik Indonesia yang berdasarkan Pancasila, UUD tahun 1945 serta melindungi segenap bangsa dan tumpah darah Indonesia dari ancaman dan gangguan terhadap keutuhan bangsa dan negara. Kita ketahui bahwa aksi terorisme berbasis pada ideologi yang berkeinginan merubah dasar negara, sehingga sangat relevan hadirnya keterlibatan TNI dalam penanggulangan terorisme. Kewenangan TNI dalam pemberantasan terorisme merupakan sebuah hal yang masih menjadi perdebatan. Kewenangan merupakan kekuasaan membuat keputusan memerintah dan melimpahkan tanggung jawab kepada orang lain yang diatur oleh hukum. Kewenangan TNI diberikan dengan alasan terorisme dilihat sebagai sebuah tindakan yang mengancam keutuhan dan pertahanan negara. Dalam mengatasi aksi Terorisme sebagaimana dimaksud pada ayat (1) dilaksanakan sesuai dengan tugas pokok dan fungsi Tentara Nasional Indonesia. Jika dilihat dalam UU N0. 34 Tahun 2004 tentang TNI, tugas dan fungsi TNI memiliki ruang lingkup terlalu luas meliputi tugas penangkalan, penindakan dan pemulihan yang dalam perspektif hukum dapat dimaknai sebagai sebagai tindakan intelijen, penyelidikan, penyidikan, bahkan sampai dengan tindakan remedey (pemulihan). Namun demikian, pelibatan TNI dalam pemberantasan terorisme harus tetap mengedepankan profesionalitas Kepolisian Negara Republik Indonesia (Polri) dengan menghindari berbagai tindakan yang berpotensi melanggar hak asasi manusia (HAM).Kata Kunci: Kewenangan; Tentara Nasional Indonesia; Penanggulangan Terorisme dan Kedaulatan NKRI. 

scholarly journals Securitisation gaps: Towards ideational understandings of state weakness

2021 ◽  
pp. 1-20
Author(s):  
Kevork Oskanian
Keyword(s):  
The State ◽  
Collective Knowledge ◽  
State Action ◽  
Role Of The State ◽  
Wide Range ◽  
State And Society ◽  
Interpretive Approach ◽  
Recent Developments ◽  
The Republic

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Transparency of Public and Local Finances: Foreign Experience

2020 ◽  
pp. 18-30
Author(s):  
INNA O. SHKOLNYK ◽  
NATALIIA G. VYHOVSKA ◽  
YULIIA S. HAVRYSH ◽  
ANDRII O. IVANCHENKO
Keyword(s):  
Fiscal Policy ◽  
The State ◽  
Budget Process ◽  
State Budget ◽  
Public Authorities ◽  
Public Finances ◽  
Information Portal ◽  
Foreign Experience ◽  
The Republic ◽  
State And Local

In modern conditions, the role of transparency of both public and local finances is growing significantly, which is a tool to increase the efficiency of financial resources, which confirms the analysis of Ukrainian and foreign studies. In Ukraine, the level of transparency is improving every year and as of 2019 is assessed by international organizations as the minimum allowable. At the same time, the level of transparency of local budgets differs significantly in different regions. To improve the situation and implement best practices in the field of transparency of public finances at both the state and local levels, it is important to analyze the foreign experience of those countries that are leaders in ratings of transparency of public authorities and transparency of the budget process. The paper analyzes the experience of the Office of the Public Accountant of Texas (USA), the Treasury of New Zealand, and the Treasury of the Republic of South Africa, which according to the open budget rating provided by the International Budget Partnership are among the 10 most transparent countries. Analysis of the content of the information portal of the Texas Public Accounts Controller Office showed a separate section “Transparency” with a detailed presentation of information in terms of key blocks of revenues and expenditures, state budget and finances, information on the formation and use of funds in all localities, information on budget deficit as well as information on transparency at the level of individual settlements, school districts, etc. A comparative analysis with the state of transparency of Ukrainian government agencies responsible for the development and implementation of fiscal policy and identifies weaknesses and strengths in terms of their transparency. It is established that the openness of the process of using public finances in Ukraine is gradually increasing, while the positions in the world transparency rating are also improving. However, the conceptual difference between building sites in the countries analyzed is that they report to taxpayers in a form that is accessible to them, rather than simply covering available information without comment or explanation. Keywords: open budget, participation, public finances, rating, fiscal policy.

The Popular Army of the Republic, Fall 1936–39

Desertion ◽  
2020 ◽  
pp. 114-140
Author(s):  
Théodore McLauchlin
Keyword(s):  
Armed Forces ◽  
The State ◽  
The Republic ◽  
Costly Signals ◽  
Military Discipline

This chapter investigates the militia summer of 1936, which had been a summer of both chaos and valor in the defense of the Republic. It describes the militias that arose to fight the rebels, which varied widely in their insistence that combatants send costly signals of commitment to fight. It also clarifies how the Republic transformed its armed forces to regularize them and put power back in the hands of the state by imposing military discipline and a single command structure on its militia forces. The chapter argues that the new discipline rules imposed costly signals of commitment on volunteers, requiring that they sign on to more demanding forms of warfare. It discusses the Republic's recruitment of less-committed troops by imposing conscription at the same time.

scholarly journals IMPLEMENTATION OF STATE OF EMERGENCY WITHIN THE CONSTITUSIONAL LAW SYSTEM IN INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 405
Author(s):  
Muhammad Rinaldy Bima
Keyword(s):  
The State ◽  
State Function ◽  
State Of Emergency ◽  
Law System ◽  
State Administration ◽  
Legal Document ◽  
State Governance ◽  
Governance Practice ◽  
The Common ◽  
The Republic

This research aims at analyzing the state governance practice which frequently and extraordinarily takes place when governing the state administration, in which the common legal system is unable to accommodate the people's interests. Self-governance is highly necessary that the state function may effectively run independently as the state organ by ensuring respect and compliance of right guaranteed by the state 1945 constitution of the Republic of Indonesia (UUD NRI 1945) as the highest legal document in governing the state. The legal equipment should be able to anticipate various possibilities of emergency conditions to ensure the sustainability of state life

Zwierzynski v. Poland

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370
Keyword(s):  
Moral Obligation ◽  
The State ◽  
Fundamental Rights ◽  
Public Order ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
The Guardian ◽  
Fair Balance

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.

INFLUENCE OF THE REFORM OF THE ARMED FORCES OF THE REPUBLIC OF POLAND, CONDUCTED IN THE YEARS 2009-2016, ON THE SECURITY OF THE COUNTRY IN THE OPINION OF CITIZENS

2020 ◽  
Vol XIII ◽  
pp. 1-1
Author(s):  
Justyna Lipińska
Keyword(s):  
Military Training ◽  
Armed Forces ◽  
The State ◽  
The Republic ◽  
Social Opinions ◽  
The Impact

The conflict in Ukraine in 2014 raised questions in Poland about the legitimacy and effectiveness of the reform of the Polish army, which began in 2009. The abandonment of universal conscription and professionalization of the army resulted in a decrease in the number of people who underwent military training. And this began to raise concerns about the security of the state and its citizens. Research on the professionalization of the army and the impact of this decision on the increase or decrease of threats is important for Polish citizens. The article presents social opinions on this topic

Public Security in the Polish Law on State of Emergency

2016 ◽  
Vol 8 (1) ◽  
pp. 91-100
Author(s):  
Bernard Wiśniewski
Keyword(s):  
The State ◽  
Public Security ◽  
State Of Emergency ◽  
Constitutional Order ◽  
Security Environment ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law ◽  
The Impact ◽  
The Relationship

This article presents the essential issues in the provisions of the law relating to public security in force in the Republic of Poland which are used in conditions of extraordinary internal threats that cannot be dealt with using ordinary legal tools. The considerations are based on an analysis of the legally regulated obligations of the state as a political organisation to society for securing the conditions for its survival in a changing security environment. This serves to present the basic issues of public security and the rules for the use of the State instruments for states of emergency. The rest of this article presents the relationship between issues of public security and a state of emergency. In this part of the article it is essential to discuss the circumstances that must exist to be able to employ specific legal measures in the conditions of threats to the constitutional order of the State and threats affecting the security of the citizens or of public order (including those caused by terrorist activities). Consequently, it discusses the impact of the rigours of a state of emergency in relation to the potential for limiting the escalation of these threats. The final part of the article also presents other instruments, apart from the state of emergency which, in the Polish legal system, can be used in the fight against threats which endanger public security and that are related to prohibited activities in cyberspace.

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