Among them are the following:
- political function (holding referendums, elections, formation of state bodies, protection of the constitutional order, the sovereignty of the country, the issuance of laws, etc.);
- economic function(determination of taxes, issuance of loans, establishment of benefits, construction of roads, development of transport, communications, development of programs for the development of the country, etc.);
- law enforcement function(consideration of disputes, fight against offenses, application of sanctions, etc.);
- social function(setting the minimum wage, pensions, allowances, scholarships, allocation of funds for health care, etc.);
- ecological function(development of environmental legislation, closure of enterprises that pollute the environment, imposition of fines, etc.);
- the function of dealing with the consequences of natural disasters;
- other features.
External functions are the main activities of the state in the international arena. These include:
- defense function. This feature was especially important in the old days. Now states are trying to solve their problems in a civilized way, through negotiations. In addition, there is now
a number of international organizations (the UN, the Council of Europe, etc.) that are involved in settling conflicts between states and try to prevent their military clashes;
- diplomatic function. It is carried out mainly with the help of special missions (embassies and consulates) located abroad. Their task is to maintain normal good neighborly relations between countries, improve mutual understanding and cooperation in all areas of interstate relations;
- the function of maintaining world law and order (foreign policy function). The main international body here is the Security Council - a permanent body of the UN. Contribute to maintaining stability and security in the world and regional international organizations, such as the League of Arab States, the Organization of African Unity, etc.;
- foreign economic function. AT modern world none of the countries can practically live alone and independently produce absolutely everything that is necessary for its population. It is beneficial for any country to specialize in what it is better at or what it is rich in, and to give it away in exchange for what it is either unprofitable or impossible to produce on its own. climatic conditions territory or lack of appropriate natural resources;
- social function. Social assistance (allocation financial resources, debt relief, supply of medical and other equipment, food and clothing, sending specialists, etc.) is carried out in relation to developing countries (for example, Soma
Li, Ethiopia, Sudan);
- ecological function. It is more and more advanced in the category of the main ones. This activity manifests itself most often in sending to the areas of ecological disaster (with the consent of one state or another) the necessary equipment and a contingent of people to eliminate its consequences;
- function of cultural cooperation. It is carried out on the basis of both bilateral and multilateral agreements between countries. This is also done by non-governmental organizations, such as the International Chess Federation, the Olympic Committee. Within the framework of the UN, cultural activities are coordinated by UNESCO. Many private organizations are also engaged in cultural cooperation. So, for example, with their mediation, such stars of world musical art as Michael Jackson and Mireille Mathieu, opera singer Montserrat Caballe, Rolling Stones and Deep Purple and others visited Moscow.
This must be remembered!
1 . The purpose of the state in society is:
a) solving common affairs;
b) resolving social disputes;
c) regulation of relations with other countries;
d) establishing and maintaining law and order through coercion.
2 . The functions of the state are the main directions of its activity,
3 . The functions of the state are divided into internal and external.
4 . Internal functions are the main activities of the state in managing the life of the country. These include political, economic, law enforcement, social, environmental, transport, information and other functions.
5 . External functions are the main activities of the state in the international arena. Among them, the function of defense, the diplomatic function, the function of supporting the world law and order, the foreign economic function, the social, environmental, and cultural cooperation functions stand out.
Questions to control
1. Compare the duration of the periods of human development before the emergence of the state and after it.
2. What does the phrase: “The state decides common affairs” mean? What do people have in common, common interests?
3. Why is the number of common affairs steadily increasing with the development of society?
4. What does the word "arbiter" mean? What disputes between people arise most often and who resolves them?
5. What kind of relations can arise between states? Are they always conflict-free?
6. What are the ways to resolve disputes between states?
7. Why did people begin to trust the state to apply coercive measures against offenders?
8. What coercive measures can the state apply?
9. What are the functions of the state and what types of them do you know?
10. What is the political function of the state and what does the word "politics" mean?
11. What is the economic function of the state? Can't people decide for themselves what to produce and what to buy?
12. What is the social function of the state and why earlier (before the 19th century) no state in the world performed it?
13. What is the difference between the law enforcement function of the state and the protection of customs in primitive society?
14. What is the ecological function of the state and why did it appear only in the middle of the 20th century?
15. Give an example of how our state implements the function of dealing with the consequences of natural disasters.
16. What is the function of defense and how, in your opinion, does our state fulfill it?
17. Why does a rich and prosperous state need to perform a diplomatic function, which can provide for itself with everything and repel any aggression?
18. Why should Russia participate in the support of the world order with the help of the UN, if only membership in this organization costs several million dollars annually? Wouldn't it be better to spend this money on the development of education?
19. Why should Russia participate in international trade if it has everything Natural resources, from which, if desired, you can produce almost everything necessary for the people?
20. Why do we invite foreign artists and pay big money for their performances if our artists go to work abroad? Wouldn't it be better to raise their wages?
TASKS AND TASKS
1. Read the dialogue between two people and offer a solution to the dispute.
Buyer: I'm talking about a defective item. Here is the receipt proving that these shoes were purchased from your store a week ago. See what they looked like after the first wear.
Salesman: Unfortunately, we do not exchange sold items.
Buyer: This product is shoes, therefore, shoes, which are subject to a certain exchange procedure.
Salesman: You know, with shoes it's not so simple, I can't accept any claims. By the way, can I see the check? Sometimes a person will get a check somewhere and go to change his old shoes ...
Buyer: I do not know what happens there, but I have a check for these shoes, and I demand their replacement!
Salesman: Well, show them ... Hmm ... Yes, they do not less than a year went!
Buyer: That's why I came because for a day of wearing they turned into junk.
Salesman: I would be happy to help you, but with all my desire I can’t exchange shoes - we don’t have a single pair left.
Buyer: Then return the money!
Salesman: I don't have enough salary to pay out of my own pocket. Sorry, you're interfering with my work, I have buyers.
2 . Imagine that you are a member of the government, which is debating the question of where to get the money to increase pensions and benefits. large families. Many options are offered. What is your opinion?
Raise taxes;
Print some money and distribute it to these categories of citizens;
Raise rent;
Transfer health care completely to a paid basis;
Introduce tuition fees at universities;
Introduce partial tuition fees in grades 10-11;
Increase fares in public transport;
Raise the road tax rate;
3 . After coming home from school and having lunch, you decide to take a break and watch another episode of a TV movie. But the TV doesn't work. On the screen the inscription: "Today is a day off on television." Can the state be blamed for not fulfilling its functions?
4. The administration of the village of Shatkino issued a decree according to which persons of military age serve their term of service in their native village and are used in work that is extremely necessary for the local economy. Reason: there is a large labor shortage in the village, since the majority of the inhabitants are pensioners. Evaluate the decision of the local administration from different positions.
5 . The director of the school, by his order, expelled a 9th grade student from the school because he brought a gas canister to school and, deciding to scare his comrades with it, damaged one of their eyes. The parents of the expelled student appealed to the court with a request to recognize the director's decision as illegal. The judge did not accept the statement of claim from them, saying that the case was beyond his jurisdiction. Was the judge correct?
6
. The Selivanovs decided to buy a house from their neighbors for their son, who had recently married. The Selivanovs and their neighbors knew each other well and trusted each other completely. Being sure that none of the parties was going to deceive, they issued receipts for the purchase and sale (one party in the receipt confirmed the fact that the house was transferred to her, and the other - the fact that she received money for the sold house). The new owner (the head of a young family) came to the local administration to pay real estate and land tax, presented receipts and
was very surprised that he was not recognized as the true owner of the house and refused to accept money. Is the local government right?
7. Police officers, ringing the door of the apartment, entered it without the permission of the owner, arguing that they have information about the crime taking place in this apartment. After inspecting the apartment and not finding anything suspicious, they left. The citizen whose apartment was inspected filed a complaint with the prosecutor's office. Are the actions of the police legal? Compose the response of the prosecutor.
A.V. MALKO, Doctor of Law, Professor, Director of the Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Honored Scientist of the Russian Federation, V.A. TEREKHIN, candidate of legal sciences, head. Department of Justice of Penza state university, Honored Lawyer of the Russian Federation The problems of functioning of the law enforcement system of the Russian Federation are investigated; conclusions are drawn that it is in a state of deep crisis ...
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A.V. MALKO,
Doctor of Law, Professor, Director of the Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Honored Scientist of the Russian Federation,
V.A. TEREKHIN,
candidate of legal sciences, head. Department of Justice, Penza State University, Honored Lawyer of the Russian Federation
The problems of functioning of the law enforcement system of the Russian Federation are investigated; conclusions are drawn that it is in a state of deep crisis; measures are proposed for its reform, formation and implementation of law enforcement policy as the basis of all modernization processes.
Keywords: law enforcement agencies, law enforcement system, law enforcement, modernization, law enforcement policy.
Law-enforcement policy as a basis for the development of law-enforcement activities
Malko A., Teryokhin V.
The law-enforcement system functioning of the Russian Federation is studied in the article. The authors come to the conclusion that it is in deep crisis at the moment. Since the law-enforcement policy turns out to be the basis of all the development processes, a set of steps is proposed to its administration, formation and reformation.
Keywords: law enforcement agencies, law enforcement system, law enforcement activities, development, law enforcement policy.
Extremely negative recent events associated with a series of offenses by employees of the Ministry of Internal Affairs of the Russian Federation (mass “cleansing operations” in Blagoveshchensk, the murder of a teenager in Tyva and a journalist in Tomsk, the execution of civilians by Major Yevsyukov in Moscow, an unprecedented special operation to create a “human shield” from private cars on the Moscow Ring Road, the detention of the entire company of traffic police officers in Astrakhan for extortion, the falsification of criminal and administrative cases against innocent citizens of many regions of the country), gave rise to serious doubts in the Russian public consciousness about the ability of these bodies to fulfill the human rights function of the state.
In addition, publications appeared in the central mass media with conclusions not only about the alienation of the police from society, but about their direct confrontation. A legal paradox has emerged, the main contradiction of our time: the employees of these services “see their task in “protecting” themselves, in extreme cases, their corporate interests, and not citizens.” There are calls, including from State Duma deputies, for the abolition of the Ministry of Internal Affairs, the creation of people's squads "to protect the population from the police," and the Minister of Internal Affairs "allowed us to defend ourselves from the police."
Along with this, the daily flow of information reported by the media about corruption in all power structures, about numerous violations of socio-economic rights, systemic violations of the rights of children left without parental care, obvious and gross disregard for the existing standards of exploitation are especially dangerous objects life activity clearly show, on the one hand, the absolute defenselessness of a person, and on the other hand, the weakness and inefficiency of the domestic mechanism of law enforcement.
According to many expert estimates, the entire law enforcement system of the country is in a state of deep and systemic crisis. Under the new conditions, it is not capable of fully fulfilling the tasks assigned to it to ensure the legal security of our citizens, public and state interests. The professional and moral deformation of many representatives of the relevant structures has set in. There was an obvious conflict between their personal and public interests. It seems that public confidence in the whole block of law enforcement has been undermined. So, according to the sociological research of the analytical center Yu. Levada, now “only three very stable institutions are in the zone of trust: Putin and Medvedev, the army and the church ... and the police, the court, political parties, the prosecutor's office, the deputies are assessed by people extremely negatively and are predominantly mistrusted.
Therefore, it is not at all accidental that on February 18, 2010, the President of the Russian Federation issued Decree No. 208 “On Certain Measures to Reform the Ministry of the Interior”. In fact, in this legal act we are talking about the beginning of the transformation of one of the most important areas of state activity. A little earlier, in 2007, structural changes were made in the Prosecutor's Office of the Russian Federation, under which the Investigative Committee was formed ( the federal law dated 05.06.2007 No. 87-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation””), and in 2008 the President of the Russian Federation announced the start of the next stage of reforming the judicial system (Order of the President of the Russian Federation dated 05/20/2008 No. 279-rp "On the formation of a working group on improving the legislation of the Russian Federation on the judicial system").
In this regard, a natural question arises: can the implementation of the planned measures lead to an improvement in the state of law enforcement? The question posed is most likely to be answered in the affirmative. Or rather, it will to some extent contribute to changing the current situation.
At the same time, it is not difficult to assume that the modernization of the public spheres specified in the named legal acts will not in itself lead to radical changes, a significant increase in the efficiency of the entire law enforcement complex and the high results expected by society. And this is due to the fact that decisions taken, as can be seen from their content, have a strictly substantive, relatively speaking, departmental character. The range and volume of reform measures is somewhat targeted and limited. It does not affect the entire law enforcement system and is isolated from many other law enforcement issues.
In our opinion, one of the important and indispensable conditions for overcoming such large-scale and profound social and legal phenomena is the conceptual approach. Therefore, appropriate efforts, systematic and consistent work on the formation and implementation of doctrinal foundations in the field of protection of law and legal values are required. In other words, we need a state law enforcement policy. And on its basis, it is possible to more successfully solve the problems of increasing the efficiency of all law enforcement activities, ensuring the rights and freedoms of citizens, the interests of society and the state.
Law enforcement policy, of course, should become one of the varieties of well-thought-out, officially adopted and actively implemented legal policy in society. In other words, law enforcement policy is one of the components of a more capacious and broad concept, which is legal policy in general.
It should be noted that, in contrast to legal policy in general, to which the attention of many scientists has recently been drawn, the problems of law enforcement policy have not been properly studied until recently. Therefore, today there is a weak elaboration and debatability of many conceptual foundations of this legal phenomenon. Thus, in legal science there is no consensus on the concept and content of such basic legal categories as law enforcement agencies, law enforcement system, law enforcement mechanism, law enforcement activities, the scope and subjects of its implementation, etc. There is also no general scientific approach to the content of legal the term "protection", its correlation with similar legal categories "protection", "ensuring", "implementation of the rights and freedoms of the individual". Moreover, we do not have well-established scientific ideas about law enforcement policy, its content, priority areas for implementation. In the meantime, there are disputes between representatives of science and practicing lawyers, the criminal situation has become a real factor threatening Russia's national security. The rights and freedoms of our fellow citizens, as already noted, are significantly and systematically violated in many other areas. public relations.
The above once again emphasizes the importance of developing and implementing an official law enforcement policy and its concept that meets modern social realities and takes into account both our own historical experience and the achievements of world practice. A concept is not only a set of theoretical ideas, but also a kind of program of specific actions. And as the practice of social management shows recent years, it is the program-target method that allows you to effectively solve the tasks set, to achieve the intended goals.
As is known, depending on the functions of law, legal policy can be divided into law-regulatory and law-enforcement. If the first is intended to promote the implementation of the regulatory function of law, the creation of prerequisites for the harmonious development of social relations, then the second is to give a general algorithm to the actions of all subjects of law enforcement, to mobilize them for a more effective performance of the protective function of law. Law enforcement policy combines all existing subjects of law enforcement into a law enforcement system.
The protective function of law requires constant attention from state and non-state law enforcement agencies. And for the effective exercise of their powers, they must somehow participate in the formation and implementation of law enforcement policy.
If this function does not work, which is observed in modern Russia, then, as legal practice shows, the legal system as a whole does not work either. The role of law enforcement policy is to debug, to fully restore the protective function of law, to make law more secure from the challenges and threats of our time.
In our opinion, in general view law enforcement policy can be defined as a scientifically based, consistent and comprehensive activity of state and non-state institutions to improve the effectiveness of the protective function of law, build a full-fledged law enforcement system, improve law enforcement activities in order to ensure the rights and legitimate interests of the individual, society and the state.
Law enforcement policy has a very specific content, goals, objectives, functions, priority areas. It is based on certain principles.
Its essence lies in the development and practical implementation of protective ideas and goals of a strategic nature.
This policy is based on integration principles. By virtue of its nature, it is able to combine many varieties of legal policy in order to achieve common law enforcement tasks: law-making, law enforcement, judicial law, criminal law, procedural law, financial law.
In practical terms, this policy is a versatile activity of many actors aimed at solving a wide range of law enforcement tasks, such as:
1) efficiency improvement legal regulation this area;
2) organization of a workable law enforcement mechanism;
3) coordination and interaction of law enforcement structures;
4) formation of their personnel;
5) improvement of the actual law enforcement activities - the fight against crime and other offenses, control and supervisory functions, justice and other areas;
6) development and implementation of preventive measures;
7) formation of a law enforcement culture of civil servants and law-abiding individuals, etc.
At the conceptual level, in our opinion, the question of the subjects of law enforcement policy and related activities requires a detailed study. And if an innumerable number of legal and individuals, including citizens, then not many have the right to actually perform the functions of law enforcement.
Undoubtedly, law enforcement policy should not be reduced to criminal law policy. The scope of its interests is not limited to the criminal environment, and the objects of its protection are all areas of social relations regulated by law. Often a violation of, for example, environmental, construction, medical, labor, housing standards sometimes causes no less social harm than a crime.
In the modern theory of law, state and non-state law enforcement activities are distinguished. The latter is carried out by many social formations that perform the functions of protecting the rights and freedoms of the individual, protecting public order, and resolving certain legal disputes.
At the same time, the Constitution of the Russian Federation directly assigns the solution of tasks related to law enforcement to the state. How correctly E.A. Lukashev, a necessary condition for ensuring human rights is the improvement of the activities of the state and its bodies.
In legal science, a conditional division of state bodies into two large groups: firstly, these are the bodies for which the provision of human rights is an important, but not the main activity, and secondly, the bodies that carry out law enforcement activities as the main one. The bodies included in the second group are considered specialized and are called law enforcement agencies. They have become the centerpiece of the law enforcement system.
There are no definitive norms in the legislation that reveal the concept of "law enforcement agencies", therefore it is developed by the legal doctrine. In science, they traditionally include special bodies for combating offenses (crime), bodies exercising control and supervision powers, and a number of others.
The role of the court in the formation and implementation of law enforcement policy deserves a separate discussion. At first glance, in this formulation, this question does not present any difficulties. The court as a body of state power, by virtue of the functions it performs in law enforcement, law interpretation and law-making, undoubtedly forms the judicial, law enforcement and, in general, legal policy of the state. However, the problem lies in the fact that for a long time in legal science the status of the court as a subject of law enforcement has remained uncertain. Among scientists and practitioners, the opinion has become stronger that the court cannot be considered as one of the law enforcement agencies and is not part of their system.
However, one can hardly agree with this point of view. In our opinion, the term "law enforcement agencies" is a collective one, and the court also belongs to such bodies in terms of the meaning and essence of their activities. Having the main legal means - the current legislation - and exercising special powers on behalf of the state, the court protects the rights and freedoms of citizens, the interests of society and the state. According to I.L. Petrukhin, "in a sense, the courts are even more law enforcement agencies than the prosecutor's office, the Ministry of Internal Affairs and the FSB." From the standpoint of the functional approach, as M.I. Baitin, the courts were and remain bodies specially created for the protection of law, law and order, that is, law enforcement agencies. Here, apparently, it is appropriate to recall the words of the prominent jurist of the 19th century N.M. Korkunov: the case of the judiciary is "to protect the existing law."
The main argument of opponents, who argue that the court does not protect, but protects already violated rights, and therefore does not perform the functions of law enforcement, from our point of view, cannot in any way shake the status of the court as a subject of law enforcement. In our opinion, the concept of "protection" is an integral part of broader terms, such as "protection" and "ensurement" of human rights and freedoms. In addition, the court in modern conditions not only restores the violated or contested rights of the individual, but also performs a preventive, educational and even in certain cases, seemingly unusual for our legal system function - law-making. In any case, the recently adopted ruling of the Constitutional Court of the Russian Federation of November 19, 2009 No. 1344-O-R “On the clarification of paragraph 5 of the operative part of the Decree of the Constitutional Court of the Russian Federation of February 2, 1999 No. 3-P on the case of checking the constitutionality of the provisions of Article 41 and part three article 42 of the Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the Decree of the Supreme Council of the Russian Federation of July 16, 1993 “On the Procedure for Enacting the Law of the Russian Federation “On Amendments and Additions to the Law of the RSFSR “On the Judiciary of the RSFSR”, Code of Criminal Procedure RSFSR, the Criminal Code of the RSFSR and the Code of Administrative Offenses of the RSFSR ”””, by which he, instead of the country's legislative body, essentially abolished such a type of criminal punishment as the death penalty, leaves no doubt about this. And in fact, case law is being formed in modern Russia.
That is, the law enforcement activity of the court does not begin with the restoration of already violated rights, but at an earlier stage.
Therefore, the problems of the implementation of judicial and legal policy and the functioning of the judicial system, from our point of view, can become an integral part of the concept of law enforcement policy. And here it is necessary to take into account the existing very acute defects in the execution of judicial acts. The European Court of Human Rights has repeatedly stated in its decisions that judicial procedures for the protection of human rights cannot be considered completed if the decision made by the court is not actually executed.
Active subjects of law enforcement, in our opinion, should be new state institutions for modern Russia. Such, for example, as the Commissioner for Human Rights, the Federal Financial Monitoring Service, legal bureaus created within the framework of the Ministry of Justice of the Russian Federation to provide legal assistance to the population. By the way, these bureaus, as state institutions, became the prototype of the state advocacy that is now emerging.
Now let's briefly dwell on some, in our opinion, priority areas of law enforcement policy and the modernization of this system.
Of course, this should be the improvement of the organizational and legal foundations for the control and fight against crime, and above all with the most dangerous forms of its manifestation: organized crime, including criminal communities, corruption and embezzlement, drug trafficking, terrorist manifestations, juvenile delinquency as a nutrient medium for its most dangerous forms.
One of the main directions of this policy should be the coordination of all subjects of law enforcement and especially special services, the elimination of their redundant and duplicating functions. Recently, the President of the Russian Federation at the board of the Prosecutor General's Office laid the blame for the failures in the Ministry of Internal Affairs and on supervisory authorities. Apparently, the function of coordinating law enforcement agencies performed by the Prosecutor's Office of the Russian Federation does not quite work. And additional measures are required at the level of state policy to overcome the disunity of various departments, to strengthen their interaction, to pool forces and means to fulfill the common tasks of law enforcement.
The problem of developing uniform criteria for the effectiveness of law enforcement has become quite complicated. Unfortunately, the current indicators for evaluating special structures are largely formal and do not reflect the true state of achieving socially useful goals by them. They are largely dominated by corporate principles. At the same time, it is very gratifying that in recent years the problem of improving the criteria for evaluating the law enforcement system has been actively discussed in society. It seems that here it is necessary to get away from the formal-quantitative approach, and the indicators of the effectiveness of law enforcement should be focused not on departmental, but on nationwide, public interests.
Serious adjustments need to be made to personnel policy. On this basis, to develop and adopt a federal law "On Law Enforcement Service in the Russian Federation". After all, it is no secret to anyone that the negative phenomena noted among employees of this field of activity did not arise today, but have their roots in the 90s of the last century, when professionals left these bodies for certain reasons, were completely destroyed and still have not been restored. the basics of staffing the relevant structures, and especially in the Ministry of Internal Affairs. As the former head of the Moscow police department V. Pronin recently noted, “over the past many years, we have not been selecting for the system of internal affairs bodies, but recruiting.” It seems that now it is necessary to deal not with the consequences of the problems that have arisen, but with the causes. Therefore, real and effective measures are required for the selection, professional training and retraining of personnel, and raising the legal status of employees. Their level of material, domestic and social security must be worthy, correspond to the high responsibility placed on them, and service in the bodies must be prestigious. And undoubtedly, it is necessary to solve the problem of restoring and increasing the level of trust and support for them from the society.
Ensuring the effective work of the entire mechanism of law enforcement is impossible without a well-functioning control on the part of society, as well as the development of the principle of publicity (transparency) of the activities of these bodies. Their closeness is a breeding ground for corruption, abuse and illegal decisions that violate or infringe on the rights and legitimate interests of citizens. On July 1, 2010, the Federal Law of December 22, 2008 No. 262-FZ “On Ensuring Access to Information on the Activities of Courts in the Russian Federation” came into force. It will, of course, contribute to the maximum possible openness of the entire sphere of judicial activity and to a greater extent guarantee the provision of fair justice. Now it is necessary to develop and adopt another legal act in order to regulate the principle of publicity in the activities of other law enforcement agencies.
In conclusion, we note that the law enforcement system of modern Russia plays a leading role in fulfilling the human rights function of the state, establishing harmonious relations between the individual and power. The law enforcement policy, which should be formed by the joint efforts of scientists and practitioners, of all those who are interested in the further legal and democratic development of our society, can become the basis for its way out of the state of crisis and increase the efficiency of law enforcement.
Bibliography
1 The work was supported by the Russian Foundation for Basic Research (project no. 09-06-00156a).
2 See for more details: Gareev M. For beating 300 people by riot police, the police authorities received suspended sentences // Komsomolskaya Pravda. 2010. March 6; Krasnoperov A. Sobering up // Novaya Gazeta. Jan 20, 2010; Golovanov D. Ricocheted. The head of the Ministry of Internal Affairs of Tuva lost his post because of his subordinate // Russian newspaper. 2009. Oct 27; Kachkaeva E., Nizamov R. During the announcement of the verdict, Evsyukov hid his eyes from his victims // Komsomolskaya Pravda. Feb 20, 2010 and etc.
3 On the concept of the human rights function, see in more detail: Mirzoev G. Protection of human rights and the role of the law enforcement system of the state in its provision // Criminal law. 2006. No. 3. P. 114.
4 Radzikhovsky L. Can't be changed? // Russian newspaper. Dec 1, 2009; Aleksandrov G. Can they do everything? // Arguments and Facts. 2010. March 17-23; Ovchinnikov A., Ryabtsev A. Nurgaliev allowed to defend himself from policemen // Komsomolskaya Pravda. Nov 28, 2009
5 Radzikhovsky L. Decree. slave.
6 See, for example: Raichev D. Mayor suppression. The head of Smolensk, his deputy and bodyguard are accused of extorting bribes // Rossiyskaya Gazeta. 2010. March 1; Yamshanov B. Recipe from the Prosecutor General. Yuri Chaika tightens control over gambling establishments, salaries and officials // Ibid. Jan 12; Baturin Y. Assistance to orphans and homeless children // Parliamentary newspaper. Dec 18, 2009
7 Gudkov L. The authorities have a year in reserve // Moskovskaya Street. April 30, 2009; Zhuravleva A. My police do not protect me // Parliamentary newspaper. 2009. Dec 25; Ivanov V. For the truth - to the European Court. Only 17% of Russians trust domestic legal proceedings // Moskovsky Komsomolets. 2008. May 21-28.
8 See: Draft concept of legal policy in the Russian Federation until 2020 / Under. ed. A.V. Malko. - M., 2008. S. 36.
9 See for more details: The state and trends of crime in the Russian Federation: Criminological and criminal law reference book / Under. ed. AND I. Sukharev, S.I. Grinko. - M., 2007; Luneev V.V. Crime of the XX century: global, regional and Russian trends. - M., 2005; He is. Trends in modern crime and the fight against it in Russia // State
gift and right. 2004. No. 1. S. 5-18; He is. Corruption in Russia // Ibid. 2007. No. 11. S. 20-27.
10 See, for example: Report of the Commissioner for Human Rights in the Russian Federation for 2007 // Rossiyskaya Gazeta. 2008. March 14; Vyzhutovich V. Protection of Lukin // Ibid. April 4, 2007; Nesterova O. For pay to the prosecutor // Ibid. Jan 20, 2009; Statement of the Commissioner for Human Rights in the Russian Federation // Ibid. 2010. March 9.
11 See: Lukasheva E.A. Improving the activities of the state is a necessary condition for ensuring human rights // State and Law. 2005. No. 5. S. 61-65.
12 See: Kolesnikov E.V., Komkova G.N., Kulusheva M.A. Constitutional Law: Proc. - M., 2008. S. 116.
13 See for more details: Suleymanov B.B. On the question of methodological aspects of law enforcement policy // Problems of interaction between subjects of law enforcement policy: Sat. Art. based on the materials of the All-Russian scientific-practical. conf. / Under. ed. A.V. Malko, V.A. Terekhin. - Penza, 2008. S. 89-93; Mak-Mak V.P. The concept of "law enforcement agency" (based on the analysis of scientific and educational literature) // Trends and contradictions in the development of Russian law on present stage: Sat. Art. V All-Russian scientific-practical. conf. - Penza, 2006. S. 141-144; Gaidov V.B. The law enforcement system of Russia and its place in the state mechanism // Police law. 2005. No. 3. S. 40-42.
14 See, for example: Savitsky V.M. Organization of the judiciary in the Russian Federation: Proc. allowance. - M., 1996. S. 3-11; Savelyeva T.A. Judicial power in civil process: Proc. allowance. - Saratov, 1997. S. 11; Vdovenkov V.M. Topical issues of the judiciary in the Russian Federation: Abstract of the thesis. dis. … cand. legal Sciences. - M., 2004. S. 15.
15 Petrukhin I.L. The problem of the judiciary in modern Russia // State and law. 2000. No. 7. P. 17.
16 See: Baitin M.I. Essence of law (Modern normative legal understanding on the verge of two centuries). - Saratov, 2001. S. 295.
17 Korkunov N.M. Lectures on the general theory of law. - SPb., 2003. S. 325.
19 See: Vyatchanin N. The pursuit of interest is canceled // Parliamentary newspaper. Nov 25, 2005; Lavrov A. In the Ministry of Internal Affairs are going to cancel the "cane system" // Komsomolskaya Pravda. Nov 27, 2009; Demchenko V. On paper, we are all magicians. Rashid Nurgaliev abolishes the stick system in the Ministry of Internal Affairs // Izvestia. Jan 22, 2010
20 Pronin V. “As a police chief, I sometimes wanted to howl from these cadres” // Komsomolskaya Pravda. Feb 6, 2010
Share this article with colleagues:18.1.Substance, features and mechanisms for the implementation of state law enforcement policy
18.2. Law enforcement, human rights, judicial bodies and their role in the implementation of state law enforcement policy (state policy in the field of law enforcement)
Essence, features and mechanisms for the implementation of state law enforcement policy
According to the Constitution of Ukraine, a person, his life, health, honor, dignity is recognized as the highest social value. Such a declaration determines the content and direction of the activities of the state and all its bodies for the approval, provision and guarantee of human rights and freedoms.
For a legal democratic state, the recognition and practical implementation of the rights and freedoms of man and citizen, ensuring their protection is one of the priority functions. The law enforcement function is the leading one in the system of internal functions of the state and provides for the guaranteed protection of the rights and freedoms of citizens by establishing an effective legal order, ensuring the rule of law, and protecting national security.
The law enforcement function is implemented through the law enforcement policy of the state, which is a component of state policy.
Law enforcement policy is separate view activities of the government and other public institutions at the national and local levels, aimed at:
Protection and protection of the constitutional values of the Ukrainian state and society;
Ensuring the principle of the rule of law;
Protection of the social system and territorial integrity established by the Constitution;
Protection of human rights and freedoms, protection of the legal order, restoration of violated rights, detection and investigation of crimes.
The essence of law enforcement policy lies in the purposeful activities of power structures and bodies government controlled various levels aimed at ensuring the rule of law, as an objective need for the development of the state and society, to prevent and suppress offenses.
An important area of state law enforcement policy is the formation legal security, which is a generally significant value, meets the interests of society and citizens. The category "legal security" occupies a priority place in the system of national values. It is a fundamental principle of building a legal system, branches of law and their institutions in terms of ensuring the safe functioning and development of social relations. The dominant in the security system is the creation of conditions for the safe existence of the individual, the realization of his rights and freedoms. So, the state must guarantee strict observance of laws, the implementation of the principle of legality, the security of the individual in society, and ensure the optimal balance between the protection of democratic institutions, common interests and the protection of the rights and freedoms of the individual. The effective activity of the state (and society) in creating safe conditions of existence ensures the natural functioning and development of social relations. The state must guarantee such means, methods and forms of activity of law enforcement and judicial bodies that would ensure the observance of the rights and interests of individuals.
State law enforcement policy is also aimed at ensuring public order and public safety, guarantees the elimination of certain dangers both for the whole society and for individual citizens. It is important to distinguish between the concepts of "public order" and "public security". Public order is a system of relations, a set of established rules, a certain order, formed in society and meets the interests of the state and all its citizens. Public security is a system of relations that is formed in the process of preventing and eliminating a threat to the life, health of citizens, and their property. Public security is a state when citizens are not in any danger, there is no threat of disruption to the normal functioning of state and non-state organizations.
The legal basis for the implementation of state policy in the field of protecting the rights and freedoms of citizens, the interests of society and the state is the Constitution of Ukraine, the Laws of Ukraine: "On the police", "On operational-search activities", "On the security service", "On access to court decisions" , "On the Judiciary of Ukraine", "On the Constitutional Court of Ukraine", "On the Prosecutor's Office", "On the High Council of Justice", "On the State Executive Service", "On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights", "On the State Protection of the State authorities of Ukraine and officials "," On the organizational and legal foundations of the fight against organized crime "," On measures to counter the illicit trafficking in narcotic drugs, psychotropic substances and precursors and their abuse "," On the state protection of court employees and law enforcement agencies ". Decrees of the President of Ukraine "On the National Anti-Corruption Program", "On Improving the Coordinating Activities of Law Enforcement Agencies in the Fight against Corruption and Organized Crime", Resolutions of the Cabinet of Ministers of Ukraine "On the State Security Service under the Ministry of Internal Affairs", "On Approval of Model Regulations on the Service for minors" and others.
The means used by government bodies to ensure the realization of the rights and freedoms of man and citizen, the formation of legal security, public safety and public order, in their form and content should be versatile in nature and depend on the competence of the bodies and the place they occupy in the system of executive power . Has broad powers in the field of ensuring the rights and freedoms of citizens, in the formation of security supreme body in the system of executive power - the Cabinet of Ministers of Ukraine. Protection of human rights and freedoms is a priority area of government activity. Its execution is carried out mainly through the process of leadership and direct control over the work of ministries, central executive authorities, local state administrations, as well as through the issuance of special resolutions and orders. The activities of the government in the implementation of the rights and freedoms of citizens, the formation of legal, civil security, public order should be based on the principles of the rule of law, legality, separation of state power, collegiality, scientific character, publicity.
The component of the state law enforcement policy of the guarantee (guarantee) of the realization of the rights and freedoms of man and citizen, provides for the conditions, means, methods that ensure the full protection of the rights and freedoms of the individual. Therefore, the specificity of the activities of the executive branch in relation to the rights and freedoms of citizens is the guarantee of their implementation. After all, the proclamation of any rights and freedoms of man and citizen, even securing them by the relevant legal acts of the state, is worth nothing without real guarantees of implementation and implementation. The concept of guarantee means a set of objective and subjective factors aimed at the practical realization of rights and freedoms and at the elimination of possible obstacles to their proper.
Guarantees of human and civil rights provide for the provision of measures specified in domestic and international legislation. Domestic institutions for the protection of the rights of citizens are a system of socio-economic, cultural, political and legal means and conditions that ensure the direct protection of human and civil rights. An important role in the practical implementation of the rights and freedoms of a citizen is acquired by a system of special legal guarantees, among which the leading place is occupied by administrative and legal ones. Consequently, the legal guarantors of the rights and freedoms of the individual, as legal means of ensuring them, is a set of interrelated and interacting legal, institutional and organizational guarantees for ensuring the implementation, protection and protection of the rights and freedoms of man and citizen.
Legal guarantees for ensuring the rights and freedoms of citizens are a set of legal norms that determine the scope of the rights, freedoms, duties of citizens, as well as the means established for their implementation and protection from violations. That is, these are the means established by law and norms of law by which the rights of citizens are protected and protected, their violations are terminated and eliminated, violated rights are restored. Institutional and organizational guarantees for ensuring the rights and freedoms of citizens are social and political institutions provided for in regulatory legal acts, which are entrusted with the relevant functions and powers to organize and implement legal support for the implementation, protection and protection of human and civil rights and freedoms. Regulatory-legal and institutional-organizational guarantees for ensuring rights and freedoms are closely related, since the regulations regulate in detail the activities of state and public institutions in organizing and implementing activities aimed at ensuring rights and freedoms.
In the institutional and organizational aspect, the leading role in ensuring the rights and freedoms of man and citizen belongs to the President of Ukraine, who, according to Art. 102 of the Constitution of Ukraine, is the guarantor of the rights and freedoms of man and citizen. The implementation of these powers of the President is carried out through the initiation of laws, the issuance of decrees aimed at ensuring the rights and freedoms of man and citizen. The powers of the head of state in the field of protecting the rights and freedoms of citizens are embodied in the right of veto in relation to the laws adopted by the Verkhovna Rada of Ukraine, in the right of the President to cancel acts of the Cabinet of Ministers, decisions of the heads of local state administrations, and some other normative acts in case they violate the rights and freedoms of the individual in Ukraine.
The powers of the President as a guarantor of the rights and freedoms of man and citizen are also implemented through the activities of such bodies as: the Secretariat of the President; Commission under the President of Ukraine on Citizenship; Office of Pardons; department of letters and reception of citizens under the Secretariat of the President. The main goal of these bodies is to strengthen the guarantees of observance of the rights of citizens.
The institutions that ensure the implementation of civil rights and freedoms that guarantee their protection are the institution of the Commissioner of the Verkhovna Rada for Human Rights, the Committee of the Verkhovna Rada of Ukraine on Legal Policy, law enforcement, human rights bodies, and justice bodies. An important human rights function is performed by non-state formations and formations (public human rights organizations; public formations for the protection of public order and the state border; human rights movements).
Let us consider in more detail the features of the implementation of law enforcement policy through law enforcement, human rights activities and the administration of justice.
Law enforcement is aimed at ensuring the rule of law in society. Law enforcement is an important component of domestic state policy, general principles which is determined by the Verkhovna Rada of Ukraine. Law enforcement ensures the effectiveness of the Ukrainian state.
The priority tasks of law enforcement activities are:
Protection of the social system of the state established by the Constitution of Ukraine;
Protection of the political system;
Protection of the rights and legitimate interests of citizens, enterprises, institutions, organizations, subjects of all forms of ownership;
Counteracting the emergence of undesirable relations in society, conflict manifestations.
A special place in the system of goals and objectives of law enforcement is occupied by the protection of human rights and freedoms, their safety, life, honor, dignity, and inviolability.
Law enforcement activity is a state lawful activity, the main purpose of which is the protection of rights, the restoration of violated rights.
Compound law enforcement activity is a special law enforcement activity, the essence of which is the priority implementation of law enforcement of the constitutional order, national security, detection, investigation, suppression of crimes, execution of punishments. Special law enforcement activities are implemented through the activities of special services and are a tool for exercising the leadership of the state in resolving issues of political, economic, informational, and financial security.
Law enforcement activities of the state are carried out through the system of law enforcement agencies. The Law of Ukraine "On State Protection of Court Employees and Law Enforcement Agencies" lists law enforcement agencies, which include:
Prosecutor's Office;
Internal affairs bodies;
Security agencies;
Organs military service law and order in the Armed Forces of Ukraine;
Customs;
Bodies of protection of the state border;
Bodies and institutions for the execution of sentences;
Bodies of the state tax service;
Bodies of the state control and audit service;
Fish protection authorities;
Bodies of the state forest protection;
Other bodies that carry out law enforcement or law enforcement functions.
The guarantee of the rights and freedoms of man and citizen is characterized by the presence of effective justice - an integral attribute of a democratic constitutional state. Effective justice is the quintessence of the regulatory and protective functions of the state. Through justice, citizens can defend their rights. Justice is a state activity, which is carried out by the court by consideration and decision of civil, criminal, economic and administrative cases in court hearings in a special procedural form established by law. The Law of Ukraine on the Judicial System of Ukraine states that the main purpose of the court is to ensure the protection of the rights and freedoms of man and citizen guaranteed by the Constitution, the rights and legitimate interests of legal entities, the interests of society and the state. order and law enforcement.
The main goal of judicial activity is the administration of justice, which combines such forms of legal proceedings as constitutional, administrative, economic, civil, and criminal. Courts provide legal protection of constitutional and other legal values. Judicial activity is a universal mechanism for the protection and protection of rights, the restoration of violated rights, the termination of violations of rights, and the consideration of disputes in court. The mechanism of administrative and legal support of the rights and freedoms of man and citizen primarily covers administrative justice, activities administrative courts, as well as the entire judicial system in the field of protecting the rights and freedoms of citizens. Judicial protection of the rights and freedoms of a person and a citizen is considered as a type of state protection, which the state must provide in accordance with Part 2 of Art. 55 of the Constitution of Ukraine. The right to judicial protection implies guarantees of effective restoration of rights through the administration of justice.
An important function of a democratic state is to ensure the protection and protection of the rights of citizens through human rights organizations that are independent of state bodies, as well as through individual state bodies. they are characterized by openness, democracy. Human rights activity consists in providing legal assistance to citizens, legal entities, foreigners, stateless persons. The subjects of human rights activities are: public organizations(for example, human rights organizations, associations for the protection of consumer rights); business structures (private entrepreneurs, legal entities) providing a variety of legal services; government agencies (judicial authorities, BP Commissioner for Human Rights); advocacy; notaries.
The focus of the activities of law enforcement, human rights, judicial bodies is determined by five main tasks:
1) preservation and protection of the existing constitutional order;
2) protection of the constitutional rights and freedoms of citizens;
3) protection of legitimate interests of the domestic producer;
4) fight against crime;
5) targeted development of the system of judicial and law enforcement activities.
Important factors in the effectiveness of judicial, law enforcement and human rights activities, as components of internal state policy, are the high level of competence and professionalism of the personnel of authorized bodies, as well as the perfection of the performance of organizational and managerial functions.
A specific feature of law enforcement in modern conditions is its use as a means of managing and controlling the social sphere, the development economic activity, over the course of socio-economic processes. There is an expansion of the influence of bodies, legal
practices on the functioning of the banking and financial sector, on the activities of various sectors of the national economy (such as the fuel and energy complex, transportation), as well as on privatization processes, on the management of enterprises, in the authorized capital of which there is a share of state funds. However, it should be pointed out that only the influence of law enforcement agencies on economic, financial, technical decisions taken in the process of social management is envisaged. Such influence of law enforcement agencies has a preventive effect. For detecting smuggling, stopping the production of low-quality products, law enforcement agencies (prosecuting authorities, security services, customs authorities, border troops, internal affairs bodies, advocacy) contribute to solving one of the key problems of the economy - protecting domestic producers, overcoming negative trade relations. Such an orientation of law enforcement against undesirable socio-economic phenomena, the suspension of illegal actions is constructive and has a positive effect on political processes.
The effectiveness of state law enforcement policy largely depends on the interaction of law enforcement agencies, the unification of their efforts to combat crime and to protect the rights and freedoms of citizens. Such coordination of law enforcement activities is one of the management functions, unites and systematizes the efforts of law enforcement and other state and non-state bodies and institutions to achieve the main tasks of combating crime. The essence of coordination is to combine the efforts of law enforcement agencies in the fight against crime, especially organized crime, in preventing it, in coordinating actions, and observing the law.
The main forms of law enforcement coordination are:
1) development and implementation of special operations;
2) joint operational meetings;
3) creation of joint investigative and operational groups;
4) exchange of information;
5) general analysis of information;
6) joint trips to the regions (districts, regions);
7) introduction and use of unified data banks;
8) holding joint seminars, meetings, conferences;
9) publication of organizational and administrative documents;
10) exchange of experience.
Coordination of the management of law enforcement agencies is an integral part of state policy and provides for the formation of specific goals, ensuring coordinating actions, determining the content of tactical operations.
Given the intensification of international terrorism and transnational crime, international agreements play a leading role in coordinating the actions of law enforcement agencies of any country. The international cooperation law enforcement agencies is based on the Convention on Laundering, Detection, Seizure and Confiscation of Proceeds from Crime, as well as on the basis of decisions taken at the governmental or interdepartmental level.
The legal basis for organizing interaction is: constitutional requirements for the protection of human and civil rights; criminal procedure legislation; sectoral and special (functional) acts of legislation; decrees, orders of the President of Ukraine; government decrees on the fight against crime and the organization of law enforcement; government programs to combat crime; international treaties on cooperation in the field of combating crime; departmental and interdepartmental legal acts; acts of the General Prosecutor's Office of Ukraine on the organization of interaction.
The implementation of state policy in the field of protecting the rights and freedoms of citizens, the interests of society and the state from unlawful encroachments, ensuring public order, public security are the tasks of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Internal Affairs and its local bodies, local state administrations and bodies local government. The Ministry of Internal Affairs is the central body of executive power, whose powers are defined in the Regulations on the Ministry of Internal Affairs. In a broad sense, ensuring public order and the tranquility of citizens is the task of both state and non-state organizations.
The social purpose of the state Elective course in political science grades 10-11 Compiled by Kushchenko G.V., history teacher of the Moscow State Educational Institution “Gaufskaya Secondary School” “Outside the state - the dominion of passions, war, fear, poverty, abomination, loneliness, barbarism, savagery, ignorance; in the state - the dominion of reason, security, wealth, decency, refinement, knowledge and favor. T. Hobbes The social purpose of the state in society 1. The state decides common affairs, manages people living on its territory. The state reveals the common interests of its citizens: the desire for security, stability, comfort. It contributes to the preservation of public order, organizes and controls the implementation of activities necessary for the development of society as a whole 2. The state resolves social disputes (national, class, religious, etc.). The political elite is looking for compromises that, while preserving the foundations of the social system, would remove the danger of a head-on collision of social groups. The duty to resolve conflicts between individual citizens, organizations, state bodies lies with the courts. State power is also responsible for settling external conflicts 3. The state uses legal and legitimate violence. The legality of coercion is the compliance of coercive measures with the law. The legitimacy of violence is the extent to which the population supports the measures being applied. Coercion acts as a criminal punishment, administrative, property and other sanctions. Legitimacy is confirmed by the data of public opinion, voting, referenda. The universal criterion for the legitimacy of coercion is its compliance with universal human values. “Bayonets are good for everything, but you can’t sit on them” Talleyrand Functions of the state The functions of the state are the main directions of its activity, expressing the essence and purpose of the state in society. Functions of the State Internal External Internal Political Law Enforcement External Diplomacy Defense Foreign Policy Law Enforcement Social Social Development of health, education, science, culture Ensuring national security Environmental Information Cultural cooperation Assistance in strengthening world law Environmental Information Transport Construction of public systems (roads, irrigation, reclamation, defense and others) Combating the consequences of emergency situations Cooperation in resolving global problems Economic Foreign economic Main internal functions 1. Political: It is due to the need to balance the interests of different social groups The state forms the parliament, ensuring democracy. The state ensures the protection of the constitutional order and state sovereignty The state carries out law-making activities 2. Economic It is expressed in the development of programs for the economic development of the country The state establishes taxes Issues loans, investments Establishes benefits for business entities Creates the legal foundations of the market Manages enterprises owned by 3. Law enforcement It is aimed at ensuring the exact and complete implementation of laws by all citizens, organizations and state. Bodies The state applies measures of legal influence Fights against offenses with the help of the system of law enforcement agencies 4. Ecological At the present stage - one of the main functions of the state. The state develops environmental legislation External functions of the state 1. Diplomatic: The state contributes to maintaining acceptable relations with all countries, regardless of their ideology, economic system 2. Defense function: The state keeps its armed forces in a state of combat readiness to repel external aggression 3. Foreign policy: The state carries out political cooperation with other states in order to exclude global armed conflicts The main bodies for coordinating the political interests of countries: the UN, the UN Security Council technologies, coordination of trade turnover, development of credit and financial ties. 6. Law enforcement: It consists in resolving disputes between states, protecting those states and peoples who are not able to stand up for themselves. It manifests itself in the fight against international terrorism and crime. 8. Social: Manifested in the social assistance and support of developing countries, as well as countries in transition (aid, financial, humanitarian, etc.) 9. Cultural cooperation: Carried out on the basis of bilateral and multilateral agreements between states, non-governmental organizations (IOC). Activities within the UN are coordinated by UNESCO 10. Promoting global rule of law: Manifested in the development of international law (International Humanitarian Law, International Charter of Human Rights) 11. Informational: Providing the world community and its peoples with truthful information about international events. 12. Ecological: Participation in the elimination of the consequences of environmental disasters 13. Cooperation between states in solving global problems of our time: Organization of the rational use of natural resources, energy conservation, peacekeeping, demographic policy, etc.
THE ROLE OF LAW ENFORCEMENT POLICY IN IMPROVING THE LAW ENFORCEMENT SYSTEM IN MODERN RUSSIA
(The work was supported by the Russian Foundation for Basic Research (project no. 07-06-00211))
A.V. Malko
(Director of the Saratov branch of the Institute of State and Law of the Russian Academy of Sciences, Doctor of Law, Professor)
IS HE. Korzhikov
(Associate Professor of the Astrakhan Branch of the International Law Institute under the Ministry of Justice of the Russian Federation, PhD in Law, Doctoral Candidate)
In modern conditions, it is necessary to reform the legal system of Russia, due to the fact that the existing array of offenses (primarily corruption, organized crime, etc.) undermines the foundations of the law itself, nullifies the existing law enforcement system. This is a kind of challenge of the time, a threat to the normal existence and development of Russian society. President of the Russian Federation V.V. Putin in the next, seventh Address Federal Assembly The Russian Federation noted that “despite the efforts made, we still have not been able to eliminate one of the most serious obstacles to our development - corruption”1.
Moreover, a very paradoxical situation has now developed in Russia: law enforcement agencies, which, by their status, should guard the law, are considered by a considerable part of citizens to be the main violators of their rights. This is confirmed by sociological research conducted in three cities - Astrakhan, Ryazan and Cheboksary within the framework of the project "Raising awareness of the Russian legal system". The majority of the inhabitants of these cities, according to the study, “first call the chiefs and the police the main violator of their rights, and only then the bandits ... Of the violators of their civil, labor
and social rights, the inhabitants put the existing system of power in the first place (44.7%), the police second (43.3%), then criminals (41.9%), followed by bosses who do not pay pensions and salaries ( 37.2%), and officials close the row (30.4%). This hierarchy of "violators" can mean two things - that the shortcomings of the legal system have an extremely negative impact on the consciousness of citizens. And that people project a high level of distrust in the law enforcement system onto the entire system of power, reducing its authority”2.
Moreover, this problem, to one degree or another, concerns the entire law enforcement system. Meanwhile, if we take specifically the police, then it is in the rating of trust in one of the last places among other law enforcement agencies, state and public institutions3. And among police officers, according to the results of the above-mentioned study, traffic police officers protect the rights of citizens worst of all4.
Probably in response to
2 Shabrov O. et al. For whom the law is not written. By order of the State Duma, scientists have found out the level of legal consciousness of Russians / O. Shabrov, N. Sashchenko, M. Mizulin // Rossiyskaya Gazeta. - 2006. - 4 April.
3 See: Falaleev M. The President Appealed to the Police and Demanded to Introduce Civil Control over Law Enforcement Bodies // Rossiyskaya Gazeta. - 2006. - 18 Feb.
4 See: O. Shabrov et al. Decree. op.
Section 1. Methodology, theory and history of state-legal regulation
such “law enforcement activities” of “traffic cops” can be considered an already rooted tradition among Russian drivers to warn oncoming cars by flashing their headlights about a “law enforcement ambush” of traffic police ahead.
For example, the Ministry of Internal Affairs of Russia believes that “... at present, there is a strong opinion among employees that it is permissible to break the law in the performance of official duties. Since in modern conditions of cohesion and organization of crime, it is impossible to solve a complex crime and bring the perpetrators to criminal responsibility without violating the law. This approach to assessing the situation leads to illicit practices and violence.
N.V. Tarasov cites the statistics of a face-to-face interview of convicted employees of the Russian Ministry of Internal Affairs. In his opinion, “official” crimes include the following types: abuse of office, crimes against justice, coercion to testify, criminal prosecution of an obviously innocent person, illegal release from liability, falsification of evidence. The table shows the percentage of convicted employees for various reasons.
Table 12
Motive Percentage of convicts
curry favor 43.7%
self-interest 20.3%
careerism, the desire to advance in the service 8.6%
show your superiority over other people 8.5%
under pressure or following the example of their colleagues 4.7%
take revenge on someone 4.3%
hide a previous crime 4.2%
found it difficult to answer 99%
In our opinion, without the modernization of the legislative framework, which will
1 Tarasov N.V. Reasons and conditions for committing crimes by law enforcement officers // Law and Law. - 2002. - No. 8-9. - S. 87.
2 Ibid. - S. 89.
makes corrupt or illegal actions of law enforcement officers economically unprofitable, the police, instead of ensuring public safety, will continue to take “tribute” from citizens, merchants and “shopkeepers”, i.e. those from whose taxes they receive a monetary content, form, special. equipment, weapons, etc. Instead of ensuring safety and order on the roads, traffic police officers will “cut” motorists. Operational services, fighting organized crime, drug trafficking, economic crimes, etc., will simultaneously participate in the redistribution of property.
Thus, the foundations of law can sometimes be undermined by law enforcement officers themselves.
Hence the unwillingness of citizens to cooperate with law enforcement agencies.
What needs to be done to get out of this situation? What are the means to ensure the effectiveness of the law enforcement system, which is an integral part of the legal system?
From our point of view, a comprehensive, consistent and scientifically substantiated activity of state and non-state structures in the field of law protection is necessary, those. special law enforcement policy.
As is known, depending on the functions of law, legal policy can be divided into law-regulatory and law-enforcement. If the first is intended to promote the implementation of the regulatory function of law, the creation of conditions for ensuring the normal development of social relations, then the second is to give a general algorithm to the actions of all law enforcement agencies, to mobilize them for a more effective performance of the protective function of law.
In addition, law enforcement policy links the law enforcement function of the state and civil society with the protective function of law itself, and also combines the existing
Legal science and law enforcement practice law enforcement structures into a single law enforcement system.
The protective function requires constant attention from state and non-state law enforcement agencies. For the purpose of more effective implementation of the protective function, these structures should, one way or another, participate in the formation and implementation of the relevant law enforcement policy.
If this function is not carried out, which is observed in modern Russia, then, as legal practice shows, the same thing happens with the legal system as a whole. The role of law enforcement policy is precisely to “adjust”, to fully restore the protective function of law, to make law more secure from the challenges and threats of our time.
In this regard, law enforcement policy can be defined as a scientifically based, consistent and comprehensive activity of state and non-state structures to increase the effectiveness of the protective function of law, improve law enforcement and build a full-fledged law enforcement system.
At the same time, law enforcement policy should not be identified with criminal law policy. If the first is aimed at protecting the law, creating and functioning of a full-fledged law enforcement system, and countering various offenses, then the second is only aimed at countering criminal offenses, i.e. crimes. As N.A. Lopashenko: “The priority of criminal law policy stems from the fact that only within its framework are solved such fundamental problems for each state as establishing the basis and principles of criminal liability, determining the range of criminal acts and types of punishments and other criminal law measures for them. The issues of crime and punishability of acts are at the center of criminal law policy ... Criminal law policy can be
is defined as part of the internal policy of the state or a fundamental component of the state policy of combating crime, as a direction of the state's activity in the field of protecting the existing social order from criminal encroachments, which consists in the development and formulation of ideas and fundamental provisions, forms and methods of criminal law influence on crime in order to reducing and reducing its negative impact on social processes”1.
Consequently, the goal of law enforcement policy is to increase the “immunity” of law from all kinds of offenses, the effective implementation of its protective function, and the effective work of the law enforcement system.
Law enforcement policy needs to be modernized, because its main object has changed and not for the better: offenses have become more organized, sophisticated, technically equipped.
This means that it is necessary to “add” consistency and consistency to the activities of law enforcement agencies. It is important to take measures to ensure that the new law enforcement policy contributes to the adoption of more advanced normative and law enforcement acts in the law enforcement sphere, strengthening the prevention of offenses, restoring violated rights, and ensuring legal liability for those who have committed offenses. Closer interaction of both state and non-state law enforcement structures is also required when they achieve their goals.
In addition, modern Russian law enforcement policy is designed to create equal legal conditions for subjects, including regions, which are considered independent subjects of legal life. The thing is, there is a noticeable difference.
1 Lopashenko N.A. Criminal Law Policy // Russian Legal Policy / Ed. N.I. Matuzova and A.V. Malko. - M., 2003. - S. 362-363.
Section 1. Methodology, theory and history of state-legal regulation
in the level and quality of law enforcement services for "Moscow and Muscovites" and other "mere mortals" residents of the country. In particular, Moscow, as a subject of the Russian Federation, is a kind of state within a state in which, in fact, a very effective law enforcement network has been created at the expense of the whole country. Practically the best employees of law enforcement agencies are invited to the capital, whose legal activities are provided much better than the activities of similar persons working in the regions. Within the boundaries of the Garden Ring of Moscow, the main human rights organizations have also “entrenched themselves”, which have a place in the outback, where many people generally vaguely imagine the rights of man and citizen, as well as the provisions for their protection.
One can only welcome such specific “steps” in the field of law enforcement as a focus on creating a system of crime prevention, establishing transparency in their accounting and registration1, restoring permanent police posts on city streets2, introducing a new procedure for checking employees of private security structures (now, in order to get the right to become a security guard or a detective, and most importantly, a license for a weapon or even a rubber stick, one must not only pass the difficult exams of the police commission, but also regularly confirm their knowledge and skills)3, the introduction of civilian control over law enforcement4, etc., and etc.
1 See: Nurgaliyev R. Reach the police station. The Minister of Internal Affairs determined the priorities in the work of his department // Rossiyskaya Gazeta. - 2006. - 18 Feb.
2 See: Falaleev M. The police catches the eye. Nurgaliyev issued an order providing for new order patrolling and guarding the streets // Rossiyskaya Gazeta. - 2006. - June 2.
3 See: Falaleev M. Security will take to the streets. The Ministry of Internal Affairs is developing amendments to the legislation on private security activities // Rossiyskaya Gazeta. - 2006. - 4 April.
4 See: Falaleev M. Druzhinnik on a fee. The Ministry of Internal Affairs orders to control itself // Rossiyskaya Gazeta. - 2006. - 31 Jan.
Law enforcement policy implies a high level of legality in the country. Economically justified laws form effective law enforcement mechanisms that actually protect law-abiding citizens from infringement, force persons prone to criminal socialization to refrain from committing crimes. What happens in practice today when a law-abiding citizen begins to cooperate with the police? It is not uncommon for a witness who gave truthful testimony during the investigation about the facts of criminal activity known to him, the next day, with horror, reads about it in the newspaper. After all, a “leak” in any of its forms is nothing more than a direct hint to the members of the organized crime group about the need to “neutralize” an unwanted witness. It is difficult to be imbued with confidence in law enforcement officers if the head of the internal security service of one of the structures turned out to be the owner of expensive real estate abroad. Only a court can establish the guilt of each subject, but we are talking only about the attitude that society develops towards representatives of law enforcement agencies on the basis of this and similar cases. Despite a number of broadcast statements, the witness protection program is still not working. The fact that the state helps valuable witnesses to change their first and last name, place of residence and even appearance, we learn only from films and novels by foreign directors and authors.
So, in our opinion, the task of the state is to bring laws to a single standard and deprive them of corruption attractiveness. Create laws that stimulate the discipline of employees, their interest in raising their professional and cultural level, is possible only by providing them with a financial support mechanism. To do this, it is necessary to modernize the socio-economic base of law enforcement bodies of internal affairs, which will not be fragmented, but a monolithic component in new concept Russian law enforcement policy. This will allow
Legal science and law enforcement practice to decide professional and social problems employees, ensure their social protection with the rehabilitation of not only employees, but also their families. In Russia today there are 450 large organized criminal groups that influence the socio-economic situation and the criminal situation in the regions. Their total number reaches 12 thousand people1. Law enforcement officers who daily risk their lives in the performance of their duties have the right to a decent life, just as citizens have the right to protection.
1 See: Nurgaliyev R. The police guarantees the right to order // Parliamentary newspaper. - 2007. - 8 Feb.
their rights from criminal encroachments of criminal structures, corruption and police arbitrariness.
Human interests are the main guideline for improving the elements of the mechanism of legal regulation, raising the level of legal culture of legal entities that affect the quality of law enforcement and the process of strengthening law and order.
Thus, only by strengthening the role of law enforcement policy in the life of the country in the development of a full-fledged law enforcement system, it is possible to achieve a full-fledged reform of the Russian legal system.
