site.btaSupreme Administrative Court Refers Police Registration to Constitutional Court

July 13 (BTA) - The Supreme Administrative Court (SAC)
Tuesday said it has submitted to the Constitutional Court an
inquiry whether there is a discrepancy between the provisions on
 police registration of the Interior Ministry Act and the
Constitution. The police are obliged to register persons charged
 with a willful offence of a general nature.
   
The SAC noted that police registration is not subject to control
 by an independent body. Individuals are offered no protection
against police registration; should they disagree with being
registered, the registration can happen only with the permission
 of the corresponding court of first instance, but that
requirement is only a formality. The affected person does not
participate in these  proceedings and cannot appeal the
permission for compulsory police registration.

For these reasons, the SAC believes there is a discrepancy with
the Constitution's provisions guaranteeing the rights and
freedoms of citizens, including the right to legal defence, as
well as those stipulating that courts supervise the legality of
the acts and actions of administrative bodies and that citizens
are free to challenge any administrative act affecting them,
except acts listed expressly by the laws.  

RY/DS



/МЙ/