Activity of police must be regulated, first of all, by laws, but not department orders (bylaws and instructions). Bylaws and instructions were typical for the USSR, but in the legal state police must be inferior to the law. Supremacy of law and its domination in public life come forward as a method of authorization to the police without which its activity is unbeliveble, and as a method of limitation of police authority.
Regulation of police activity by the laws creates precaution from self-will from department’s side – to make changes in bylaws is possible to do for one night, but for the law the parliamentary majority is needed. Not mentioning that fact that the law is passed by the deputies, i.e. by the representatives of people, who express people’s interests.
The bright and well-known example of self-will can be a situation on Majadan when the whole country was a witness: unnoticed for all, it was made alterarion to the Resolution №49 of Council of Ministers of URSR from 27.02.1991, that regulated the rules of application of the special facilities during protection of public order, in accordance with that a norm about prohibition of application of water canons at the temperature below 0 degrees C was withdrawn. (p.16 of Resolution) It resulted in the real application of water canons in a frosty weather, that in its turn was legal. After these events this norm went back into Resolution, but only with new Law “On the National police” such order was detailed in Law. Now the question must be about working out in detail the application of water canons – their technical descriptions and so on. Obviously, the pressure at that they are used can not damage a man, but can result in a fatal case.