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The Police Assistance during the Enforcement Action
Authors: Vladimir Boranijašević, Slobodanka Kovačević-Perić
Number of views: 346
The enforcement action represents the stadium of the enforcement procedure in which the claims of the executive creditor are finally settled forcedly. Depending on the kind of claims which are settled, the enforcement is implemented by taking certain actions, or by implementing special methods for enforcement action.
In certain situations the police assistance is necessary during the enforcement action. The public executive officer, as an institution implementing the enforcement, whose authority is the enforcement action in most of the executive legal matters, is authorized to ask for the police help, in accordance with the regulations of the Law on the Police. In cases when resistance during the enforcement action is anticipated, when some resistance has already been given during the previous attempt of the enforcement action, or if during undertaking executive actions there appear a need for elimination of a life or health danger for people or danger for property, there is a need for the police assistance during the enforcement action. The public executive officer is then authorized to request the police help, according to the legally regulated procedure.
Situations in which there is a need for the police assistance during the enforcement action are analyzed in the paper. It is also pointed to the regulations connected with the procedure of request for the police help, and the legal rules about the urgent police help are analyzed. The authors also analyze the measures that the police undertake in the scopes of their authority in order to take the enforcement action, as well as the possibility of pausing the enforcement action on the request of the police when violation of public order or some broader violence is anticipated.