MODELS AND METHODS IN MODERN SCIENCE
International scientific-online conference
180
POLICE OFFICER’S DEMAND: CONCEPT AND SIGNIFICANCE
Abdullo Nasilloyev
Senior Lecturer at the Department of Administrative Law,
Academy of the Ministry of Internal Affairs of Republic of Uzbekistan
https://orcid.org/0009-0001-8121-508
https://doi.org/10.5281/zenodo.14208219
Abstract:
This article examines the concept and essence of lawful demands
made by police officers to citizens. It analyzes the fundamental requirements for
such demands and their practical significance. Additionally, the article explores
how adherence to lawful demands contributes to strengthening trust between
society and state institutions.
Keywords:
Police officer, lawful demand, authority, obligation, legal
foundations.
The issuance of mandatory demands by police officers to citizens is
regulated by legal norms. The lawfulness of such demands, meaning their
application in accordance with the procedures established by legal provisions, is
considered one of their essential prerequisites.
Although the views on the term "lawful demand of a police officer" have
been formed by scholars based on the rights granted to officers under legal
norms, there is no unified and universally accepted approach to the issue under
investigation. The varying interpretations of this term in theory and legal
practice, and the absence of a definition for this term in current legislation,
prevent a clear determination of its meaning and scope of application (limits).
This, in turn, gives rise to the necessity of conducting a comprehensive and
in-depth analysis of the concept of a police officer’s lawful demand and its
content and essence.
In the
Explanatory Dictionary of the Uzbek Language
, the word "lawful" is
defined as: "related to law and legislation, established by law, specified in the
law," while the word "demand" is described as: "a request or plea made with
firmness."
Scholars have provided various definitions of the concept of a police
officer's lawful demand based on different approaches. A. Uztegut defines it as a
request within the scope of the officer's duties and authority, while A.V.
Ravyushkin and O.P. Karnaukhov describe it as a form of activity carried out by
the police officer to maintain public order and ensure its enforcement. In this
regard, scholars such as Michael D. and Robert E. Worden have defined the
MODELS AND METHODS IN MODERN SCIENCE
International scientific-online conference
181
lawful demand of a police officer as the act of requiring the public or a specific
individual to fulfill their obligations.
Although these scholars define the concept of a lawful demand as a practical
manifestation of the officer’s performance of official duties, this does not fully
explain the concept of a lawful demand made by an officer of the internal affairs
bodies (police). A.K. Dubrovin and P.I. Kononov, on the other hand, emphasize
that a lawful demand and instruction by an officer are actions carried out by an
administrative div in accordance with legal provisions. Additionally, legal
scholar J. Skolnick defines the concept of a lawful demand as the rights and
authority granted to an officer by law.
In the definitions proposed by these scholars, the concept of a lawful
demand by an officer is presented as the exercise of powers established by legal
norms. However, these definitions do not fully clarify the concept of a lawful
demand.
Therefore, in our opinion, to support the above view, it is necessary to
consider the content, application basis, conditions, and procedures of the
concept of a lawful demand being analyzed, as well as the peculiarities of the
activities of the subjects carrying out these demands and the scope of their
authority.
Based on the definitions provided by the above-mentioned authors, it can
be stated that a lawful demand by an officer of the internal affairs bodies is a
strict demand that has a legal basis, which must be complied with by individuals
and legal entities. This demand is made by an officer of the internal affairs
bodies (police) or is clearly understood to be issued by the officer of the internal
affairs bodies to the person carrying out the action.
At the same time, we believe that in order for a demand made by a police
officer to be considered lawful, it must meet the following requirements:
1. Compliance with legal norms: The police officer's demand must be based
on current laws and normative legal acts. It should not be driven by personal or
other interests but must be aimed at ensuring the enforcement of the law.
2. Purposefulness: The demand must not excessively restrict the rights and
freedoms of citizens. It should only be issued for the purpose of preventing law
violations or ensuring public safety.
3. Clarity and understandability of the demand: The police officer must
express the demand clearly, understandably, and precisely. The person required
to comply with the demand should understand its content and be aware of the
procedure for following it.
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International scientific-online conference
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4. Warning about legal consequences: If a person fails to comply with the
demand, they must be informed of the consequences (such as liability or other
measures).
In our opinion, by setting such necessary conditions for the demands made
by police officers, it is possible to ensure the rule of law in society, increase trust
between citizens and the police, and reduce the occurrence of offenses.
References:
1.
Uztegut A. (2020). The Lawful Demand of a Police Officer. Tashkent:
Uzbekistan Legal Publishing.
2.
Ravyushkin A.V., Karnaukhov O.P. (2019). The Powers of Police Officers in
Maintaining Public Order. Moscow: Faculty of Law.
3.
Skolnick J. (2018). Law and Legal Demands. New York: Legal Studies
Publishing.
4.
Dubrovyn A.K., Kononov P.I. (2017). Legal Demands and Their
Implementation. St. Petersburg: Economic Law Publishing.
5.
Worden M.D., Worden R.E. (2016). Police and Public Safety. London: Law
and Public Safety Association.
