Porządek publiczny/en

PUBLIC ORDER – means existing in fact a system of social relations regulated by a set of legal norms and other socially accepted norms, guaranteeing the uninterrupted and conflict-free functioning of individuals in society. P.o. includes all these social relations, regulated by law and norms of other systems, which are shaped primarily in public places. This may also apply to relationships arising in non-public places, but only when the violation of them causes disruption of normal activities of state, social and private institutions or if it offends social morality when such an offense of morality is qualified by law as a crime or offense. Therefore, an important element of the p.o. is the behaviour of people in accordance with the norms that ensure this order. This contributes, to a large extent, to the strengthening and widespread acceptance of social relations belonging to the p.o. and to the creation of desired factual states, consisting in the lack of contradictions, chaos, conflicts. P.o. is guaranteed not only by legal norms, it is only one of the many normative systems that exist in every community. Other norms commonly accepted in a given society are also important, such as moral, customary, religious and social norms, as well as the principles of social coexistence – their common feature is that, similarly to legal norms, they allow to maintain harmony in a collective life. To particularly important rules of conduct, regulated by non-legal norms, the state finally gives the rank of legal norms. However, the constant dynamics of changes in terms of morality and customs means that always a certain part of these norms remains outside the sphere of the legal order. The purpose of existence of the p.o. is to ensure public order and peace, to provide a normal – harmonized and rhythmic – cohabitation of people in a society, and thus indirectly to ensure people’s safety and → public safety. Therefore, the specific objectives will be to protect life, health, personal goods, property, ensure normal conditions for activities of the state bodies, social and private organisations, and to create appropriate conditions for cohabitation among people at various levels, including in particular, ensuring appropriate conditions for work and leisure [ A. Misiuk ].

Literature: A. Misiuk, Administracja porządku i bezpieczeństwa publicznego. Zagadnienia prawno-ustrojowe, Warszawa 2008 ■ S. Pieprzny, Ochrona bezpieczeństwa i porządku publicznego w prawie administracyjnym, Rzeszów 2007.