POLICIJSKO ZADRŽAVANJE LICA U ZAKONODAVSTVU REPUBLIKE SRBIJE

While enforcing police duties, police officers are protecting the rights and freedoms of citizens, they are ensuring the rule of law, but often, in accordance with the most important legal documents, applying their powers, they limit or temporarily deprive citizens of rights they ordinary protect. In such cases it is essential to respect the principles of legality and proportionality in the exercise of police powers, so as to restrict only certain rights of persons, and in that manner to ensure not harming or diminishing other fundamental human rights. Authors of this paper seek to present legislation on the enforcing of the police powers of detention, as well as on the conduct of police officers while detaining people. By presenting the critical reassessment of the implementation of the legislation in practice, authors point to the problems faced by law enforcement officers in their daily work, and in this respect they are trying to give guidelines and to find suggestions of solutions for presented problems.