Принципът на законност по АПК и задържането от полицейски орган по ЗМВР
The Principle of Legality under the APC and Police Detention under the Moi Act

Author(s): Kiril Goranov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: principle of legality; administrative powers; police authority; detention order; substantive legality of the administrative act; abuse of power
Summary/Abstract: According to the explicit provision of Art. 3, § 1, item 1 of the Ministry of Interior Act (MIA), one of the principles on the basis of which the activities of the Ministry of Interior (MI) are carried out is the principle of compliance with the Constitution, laws and international treaties to which the Republic of Bulgaria is party. Part of the activities of the MI are carried out by civil servants – police authorities. Police authorities have the power to detain persons on the grounds of Art. 72, § 1 of the MIA. A written order should be issued for the detention of the person, which order is an individual administrative act in its nature. The police authorities, as well as any other administrative authority, are obliged to act within the framework of their statutory powers. The orders, issued by them should meet the requirements for legality, applicable to any administrative act. In exercising their powers, police authorities must not harm the state and society, as well as the rights, freedoms and legitimate interests of other persons. All this justifies the conclusion that the principle of legality, established in Art. 4 of the Administrative Procedure Code applies to the detention of a person by a police authority under the conditions of Art. 72, § 1 of MIA.

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