Restrictions and Limitations in the System of Public Service in Law Enforcement

The article considers administrative restrictions and limitations - the most rigid measures of legal regulation of public relations, which are used for improvement and regulation of public relations in the public law sphere. The author analyses the system of restrictions and limitations in the context of developing a new framework of administrative procedure; he determines its place in administrative procedure law. The aim of the article is a study of restrictions and limitations in public service in law enforcement agencies as measures to provide its effective functioning by means of regulating legal barriers in case of a possible abusive practice. The aim was achieved by solving the related objectives. The notion of restrictions and limitations in public service in law enforcement agencies was examined. Social guarantees of governmental employees in the law enforcement sphere were considered in the context of restrictions and limitations established for them. The system of restrictions and limitations in public service in law enforcement agencies of an executive authority was identified. The author used methods of system analysis, analysis and synthesis, induction and deduction, as well as dialectic, logical and comparative law methods. The research allowed the author to come to the following conclusions. (1) Public service in law enforcement agencies as a legal category is a complex administrative fact related to the professional activity of people holding positions in state authorities. These people exercise functions of protection of rights and interests of citizens from unlawful encroachments; prevention of crimes; protection of public order; provision of personal and public security; execution of judgments on government actions. (2) Restrictions and limitations in public service in law enforcement agencies should be understood as rules of mandatory nature established by the legislation; non-compliance with them can cause public enforcement measures to public employees of law enforcement bodies. (3) Restrictions of rights and freedoms of public employees should be exercised under an obligatory provision of additional guarantees to them, which other Russian citizens do not possess. Interrelation of restrictions and limitations, established for public employees, and social guarantees of their activity is one of the important principle of public service in the law enforcement sphere. (4) An overriding solution of the problems in the existing controversial system of restrictions and limitations related to public service in law enforcement authorities should be an adoption of a federal law "On Public Service of the Russian Federation in the Law Enforcement Sphere".

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