The federal law "On the service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the FZ "On Service of the ATS" identified the basis of the legal status of the employee of the internal affairs authority. Opens this article. The norm that has established that the authority is The internal affairs is a citizen with simultaneous fulfillment of two conditions: first, a citizen has committed itself to passing the federal civil service in the internal affairs bodies in the position of ordinary or superior composition, and, secondly, a citizen in the manner prescribed commented law is awarded a special title ordinary or superior composition.
Previously, in the norm. 1 Art. 1 provisions of 1992 on the service in the internal affairs bodies were determined that the employees of the internal affairs bodies are citizens of the Russian Federation, consisting in the positions of the ordinary and the superior composition of the internal affairs bodies or in the frames of the Ministry of Internal Affairs of Russia, which in accordance with the procedure established by the procedure established by the procedure were assigned special ranks of ordinary and The superior composition of the internal affairs bodies. Accordingly, in part 1 of Article 10 of the Federal Law "On Service in the Department of Internal Affairs", the formulation of the norm of Part 1 of Art is taken into account. The 25 Police Act, which is determined that a police officer is a citizen of the Russian Federation, who provides official activities in the position of federal public service in the internal affairs bodies and which in the prescribed manner is assigned a special title provided for in Article 26 of the above law.
Part 2 Article 10 provides cases where the employee is serviced in the internal affairs bodies, not replacing the position in the internal affairs body:
first of all, cases of finding an employee at the disposal of the federal executive authority in the field of internal affairs, its territorial body, divisions, and secondary officers of the internal affairs authority to the federal state authority, other state authority or to the organization;
along with this, it is envisaged that by federal laws and (or) regulatory legal acts of the President of the Russian Federation may be established by other cases of the employee of the service in the internal affairs bodies, when he does not replace the position in the internal affairs bodies. Previously, regulatory acts regulated by the service in the internal affairs bodies did not indicate such an opportunity. It does not contain similar instructions and in the Federal Law "On the Police".
Part 3 of Article 10 provides that the legal status (status) of the employee of the Internal Affairs authority is defined as the Federal Law "On Service in the ATS" and other federal laws regulating the features of the passage of service in the ATS. It's above all aboutPolice and Law Law About social garants of police officers, whose regulatory items are most closely associated with the subject of regulation of the Federal Law "On Service of the ATS". These three laws form a single legislative basis for service in the internal affairs bodies.
Part 4. Article 10 provides for issuing an employee of the internal affairs certificate authority and a special token with a personal number. At the same time, the federal executive authority in the field of internal affairs is delegated authority to approve samples of official certificate and a special concern of the employee and the procedure for their issuance. In addition, it is directly determined that the official certificate of the employee of the Internal Affairs authority: is a document confirming the personality of the employee, its belonging to the federal executive body in the field of internal affairs, its territorial body or division, the position and special title of employee; Confirms his right to wearing and storing firearms and (or) special funds, other rights and powers granted to the employee's legislation. These provisions regarding the official certificate of the ATS officer were not previously fixed.
Legal Department of the Ministry of Internal Affairs of Russia in Kamchatka Territory
Dubrovin A.K., Candidate of Law, Head of the Faculty of Additional Vocational Education of the East Siberian Institute of the Ministry of Internal Affairs of Russia.
The article is devoted to the legal status of the police officer.
Keywords: police, police officer, the legal status of the police officer.
The Article Is Devoted To The Legal Status of A Police Officer.
The adoption of the Federal Law "On the Police" requires the improvement of a significant number of existing regulatory legal acts of the Ministry of Internal Affairs of Russia, bringing them into line with the specified law, a thorough study by its internal affairs bodies.
From our point of view, issues related to the use of some basic concepts mentioned in federal legislation and regulatory legal acts of the Ministry of Internal Affairs of Russia in connection with the adoption of the said law and the formation of new links between the police and citizens who develop as a result of law enforcement activities.
The author's greatest interest is called by the application of the concept of "legal status of a police officer" in the scientific literature and mentioned acts. Communication with practical workers emphasizes that many of them do not have a specific vision of the state status of the police officer as a subject of legal knowledge.
Let us turn to the scientific analysis of the legal status of the police officer in legal reality.
The basis of the concept of the legal status of the police officer is the concept of personality status. The scientific literature distinguish between the social status of the individual and its varieties: religious, political, economic, moral, legal, moral, etc.
The concept of legal status of the individual comes from the position of the person in society determined by the legal norms that mediate the diverse relations of a person with a social environment. It is clear that we are talking about the legal, legal expression of this concept.
The legal status of a person in scientific interpretation is classified on its components:
- the general legal status, which is determined by the Constitution of the Russian Federation and is one, the same for all;
- special legal status - the status of a person belonging to a certain category of citizens - civil servants, employees of internal affairs bodies, servicemen of internal troops, which allows them to carry out special functions assigned to them;
- special administrative legal status - the status of civil servants to implement administrative and legal powers in order to attract persons who committed offenses, to justice;
- individual legal status is the status of a specific individual, reflecting the totality only to him owned rights and obligations, depending on citizenship, marital status, age, gender, etc.
Police officer possesses not only with general and individual legal status, but in some cases provided for by law (the Code of Administrative Offenses of the Russian Federation of Administrative Offenses<1> and regulatory legal acts of the Ministry of Internal Affairs of Russia<2>), "Special administrative legal status, but also a special legal status - the status of a civil servant, which is divided into components of the elements: rights, duties, promotion and guarantees, responsibility. These elements are organically related to each other, since only in their totality they form the real status of a civil servant.<3>.
<1> Article 23.3 of the Administrative Code of the Russian Federation.
<2> Order of the Ministry of Internal Affairs of the Russian Federation of 02.06.2005 N 444 (Ed. Dated July 7, 2010) "On the powers of the officials of the Ministry of Internal Affairs of Russia to compile protocols on administrative offenses and administrative detention."
<3> Tikhomirov Yu.A. The course of administrative law of the process. M., 1998. P. 314.
The status of police officers is evolving in accordance with professional canons and international moral standards. Decree of the UN General Assembly dated December 17, 1979 N 34/169 "On the moral and moral behavior of employees who implement laws" states that "... Police workers carry international responsibility to protect people from illegal encroachments, fulfill their functional duties on high Professional level, respect the honor and dignity of all people, protect their legitimate interests, keep their secrets and go from cruel and inhuman treatment "<4>.
<4> On the moral and moral behavior of employees who implement laws: Resolution of the UN General Assembly of 17.12.79 N 34/169 // ATP "ConsultantPlus".
To assess the legal status of the police officer as a civil servant, based on the fact that the service in the internal affairs bodies is a kind of public service of the Russian Federation, turn to the concept of public service.
The formation of the institution of civil service in Russia was the subject of research A.N. Pozdyshev, who noted that "... In the period from 1917 to 1993, not a single special legislative act on public service was adopted, and at the end of the XIX century F.A. Brockhauses and I.A. Efron claimed The following is: "State Service ... There is a result of a long historical process that is closely connected with the development of the state itself."
Despite the absence of a legislative act on public service in the Soviet history, official relations in the internal affairs bodies were regulated by special legal acts, starting from the decree of the Council of People's Commissars of the RSFSR of April 3, 1919. "On the Soviet Workers' and Peasant Militia" to the federal Law "On Police".
In accordance with the Law "On Militia", "Police in the Russian Federation - a system of government executive authorities, designed to protect life, health, rights and freedom of citizens, property, interests of society and states from criminal and other unlawful encroachments and entitled to apply coercive measures to The limits established by this Law and other federal laws. Police enters the system of the Ministry of Internal Affairs of the Russian Federation. "
As for the Federal Law "On Police", it does not define the concept of "police", although, based on the provisions of the law, it is possible to characterize this concept as follows: "The police is an integral part of the unified centralized system of the federal executive authority in the field of internal affairs." But the law is not due to the fact that the other components of this federal executive body are the internal troops of the Ministry of Internal Affairs of Russia, the Federal Migration Service, the Investigation Committee under the Ministry of Internal Affairs of Russia.
The legal basis of the police is the Constitution of the Russian Federation, generally accepted principles and norms of international law, international treaties of the Russian Federation, Federal Constitutional Laws, This Federal Law, other federal laws, regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation, as well as regulatory Legal acts of the federal executive body, performing functions to develop and implement state policies and regulatory legal regulation in the field of internal affairs.
A citizen acquires the legal status of a police officer when admission to the service in the internal affairs bodies. Regulations on the service in the internal affairs bodies, the Federal Law "On Police" determine the procedure and conditions for admission to the service in the internal affairs bodies, the passage of the test period, the procedure for assigning special titles, movements for service, etc.
An employee of the internal affairs bodies is a representative of power. Based on the concept of the police, police officer, an employee of the internal affairs bodies, is also a representative of power.
The generalizing definition of the concept "authority" is contained in the note to Art. 318 of the Criminal Code of the Russian Federation, where it was established that "a representative of the authorities is understood as an official of a law enforcement or regulatory body, as well as a different officer, endowed with the manner prescribed by the manner managing authority against persons who are not from him in official addiction."
In art. Art. 12 - 13 FZ "On the Police" The duties and rights of the police are set out, and the police officer fulfills the duties and enjoys the rights of the police provided for by law, within its competence, in accordance with the official regulations (official instruction)<5>.
<5> Ibid.
The police, among other subjects of the powerful-public administrative activities of the state, are endowed with the rights to apply certain measures of state coercion (chapter 4 of the FZ "On the Police"<6>) In order to perform tasks assigned to it.
<6> Federal Law of 27.05.03 N 58-FZ "On the System of the State Service of the Russian Federation" // SZ RF. 2003.
Forcing is one of the attributes of power. The only legitimate subject of legal coercion is the state. Creating legal norms, state power obliges members of society to their unconditional performance<7>because any prescribing or prohibiting rate of law forces those who are addressed to certain behavior (relying on the forced force of the state)<8>.
<7> Paragraph 2 27 FZ "On the Police".
<8> Chapter 4 FZ "On Police".
Officials of internal affairs for their activities are provided with the necessary external attributes that contribute to the perception of police officers as government officials. These attributes include: 1) the presence of special ranks from law enforcement officers; 2) Wearing uniforms, the samples of which are approved by the Government of the Russian Federation, and the procedure for wearing is determined by the head of the Ministry of the Interior<9>; 3) special tokens with personal number; 4) Police officer service certificate.
<9> Soviet administrative law: Textbook / Ed. Yu.M. Kozlova. M., 1985. P. 205.
The next element of the legal status of the police officer is guarantees: guarantees of social protection of employees of the internal affairs bodies, guarantees of criminal procedure legislation - the provisions of the law on the circumstances excluding the crime of acts are applied to the police: the necessary defense; causing harm in the detention of a person who committed a crime; extreme necessity; physical and mental coercion; reasonable risk; failure of an order or order.
The last element of the legal status of the police officer is that police officers in accordance with Art. 22 of the Federal Law "On Police" shall bear the responsibility for illegal actions or inaction.
Thus, we reviewed the features of the legal status of the police officer and come to the conclusion that the legal status of the police officer who has the above features of the personality status, the main feature has a special legal status - the status of a civil servant, and the following elements are included in it: rights, responsibilities, Promotions and guarantees, responsibility.
UDC 342.98
S.V. Nenarokov
Development of the legal status of the police officer: history and modernity
development of the Legal Status of A Police Officer: Background Information
and Modern Situation
The article is devoted to the development of the legal status of the police officer. The elements, signs, attributes of legal status, as well as historical prerequisites of the police reforming are considered.
Keywords: police, police officer, the legal status of the police officer.
The Paper Is Devated to the Development of the Legal Status of A Police Officer. His Elements, Characteristics, and Attributes of the Legal Status and Historical Background OfPolice Reform Are Discussed.
Key Words: Police, Police Offer, The Legal Status of Police Officer.
In connection with the development of democratic institutions in Russia, the issues of the legal status of the individual, as well as the relationship of society and the state, are acquired, which requires the need to look at the legal status of police officers from other positions. The internal content of the legal status of the police officer largely affects its further development and determines it. Only using an integrated approach and affecting individual elements, it is possible to achieve the effective functioning of the specified legal institution. For example, it is necessary to change the practice of entering the police officers with some functions that are not characteristic of them, such as business verification, licensing of private security activities, registration of motor vehicles and its technical inspection, reception exams and registration of driver's licenses, etc. These functions appropriate to other departments endowed with the necessary rights and obligations, which will undoubtedly entail a change in the goals and objectives of the police in general. To date, the existing circle of police duties require expansion and additions with the simultaneous introduction of the necessary restrictions. The expansion of the rights of the police officer, the improvement of its financial and social security should be inextricably linked with the strengthening of disciplinary and other liability, including for abuse of its rights.
Intraward succession
to be basically based on the reform of the legal status of police officers. Almost since the Soviet times, the "Hagon System" is currently outlived, and modern practice requires the use of effective management models, giving an assessment of the activity of the system on the criteria of disclosure as an objective indicator of the police (public opinion, the degree of confidence of police citizens, the internal conviction of employees in The need to deal with crime, openness of activities, etc.).
To date, there are two directions of development of the problem of the legal status of police officers. Thus, studies of individual elements of the legal status, a subjective (personal) approach (LD Verovodin, A.I. Lepihkin, N.I. Matowz, V.A. Pa-Trewin, V.B. Shchetinin, etc.) .
Proceedings of representatives of industry sciences, first of all, administrative law, the subject of studying various aspects of the legal status of individual state bodies were characterized by a narrow sectoral orientation (G.V. Atamanchuk, V.M. Manokhin, AB Obolonsky, S.E. Channov, and others .).
Thus, independent research devoted to the problems of the legal status of police officers is currently missing. By igniting the specified space, some theoretical provisions should specify. So, among the fundamental elements
Sergey Valerievich Nenarokov, Senior Lecturer of the Kazan Law Institute of the Ministry of Internal Affairs of Russia E-mail: [Email Protected] © Nenarokov S.V., 2017
The article was obtained: 01/25/2017. The article was accepted for publication: 05/19/2017. The article is published online: 06/20/2017.
the legal status of the police officer can be pouring: the rights and obligations of the employee; Requirements for employees; guarantees of the legal protection of the employee; restrictions and prohibitions related to the service; service time and service organization; service procedure; way of replacing position; Police officer responsibility; Official stimulating measures. The following mandatory features are distinguished by police officers:
Citizenship of the Russian Federation;
Belonging to police personnel;
The presence of a special title of ordinary or bunching composition of the police.
Police officers can only be a person who has citizenship of the Russian Federation 1 citizens of other states, as well as persons with double citizenship or who have no citizenship, not entitled to receive the status of a police officer.
Policemen may be addressed to the Administration of the President of the Russian Federation, the Office of the Government of the Russian Federation, the Office of the Federal Assembly of the Russian Federation, ministries, departments and organizations. The list of data of state bodies by the Government of the Russian Federation on the proposal of the Minister of Internal Affairs of the Russian Federation is approved. The specified list currently includes organizations such as the Ministry of Transport of Russia, the Ministry of Economic Development of Russia, the Ministry of Health of Russia, the Ministry of Regional Development of Russia, the Ministry of Foreign Affairs of Russia, the Federal Tax Service of Russia, the Accounts Chamber of the Russian Federation, the Office of the Security Council of Russia, the Bank Russia, etc.
In the pre-reform period, there was an opportunity to incend the police to the legislative (representative) authorities. Today there is no such possibility. According to Art. 41 of the Law "On Police" Employees of the internal affairs bodies, in the event of election by deputies of the legislative bodies, suspend the service throughout the term of office. Passage of service by police officers in peacekeeping forces through the United Nations and Council of Europe is a long service business trip, not by secondary.
It should be noted that the status of an employee of the internal affairs bodies is determined by the special rank assigned in the prescribed manner. Ranks in the police of the Russian Federation
measures are assigned personally in accordance with the official position, education, qualification and special training, the length of the employees.
Among the attributes of the legal status of employees of the internal affairs bodies should be allocated the right to wearing and storing specials and weapons, a service certificate, shaped clothing.
Employees of the internal affairs bodies after the passage of special training are entitled to the permanent wearing and storage of tablerous firearms and special means. The personal case is started - the main document of the accounting of employees of the internal affairs bodies, which contains the track record, autobiography, certification, other personnel materials and personal number. A service certificate does not replace the passport of a citizen of the Russian Federation, although it is an official document. The uniforms of the police officer should call a set of equipment, signs of differences and objects of uniforms.
The basis of the legal status of the police officer is its rights and obligations (general and special or official). The general powers of an employee of the internal affairs bodies include its rights and obligations as a civil servant and as a citizen of the Russian Federation.
A citizen of Russia, consisting of the service in the police, has all rights and freedoms, and also performs responsibilities in accordance with the Constitution of the Russian Federation. It has the right to choose a function of activity, the right to medical care and health care, freedom of movement, education, to inviolability of privacy and other basic rights and freedoms. Territorial delimitation of the jurisdiction of bodies authorized to carry out operational and investigation activities is carried out on the basis of specialized documents of the Ministry of Internal Affairs of the Russian Federation, which determine the borders of the services of the police units of the Russian Federation.
During the commission of internal affairs bodies, it is possible to attract it to disciplinary, criminal and material responsibility. Disciplinary responsibility comes for the commission of official misconduct. In addition, it is necessary to pay attention to that the police officer also attracted to the disciplinary response to the administrative offenses
1 On the citizenship of the Russian Federation: Federal Law of 31.05.2002 N 62-FZ (ed. Of 28.06.2009) // Russian newspaper. 2002.№ 100.
. According to Art. 2.5 The Administrative Code of the Russian Federation, military personnel and persons with special ranks, for administrative offenses are disciplinary responsibility2, with the exception of the offenses listed in the second part of this article.
The law provides for the classification of socially dangerous acts for which an employee of the internal affairs bodies, in case of unfair fulfillment of official duties, can be brought to criminal liability.
The first group includes crimes against state power and public service interests: negligence, reception of a bribe, a gift of bribes, a service life, abuse of officials, their excess, assigning the powers of an official, non-fulfillment of the order of the head (Art. 285-293. RF) 3.
The second group includes crimes against justice (Art. 299-304, 310-312, 315, 316 of the Criminal Code of the Russian Federation): Falsification of evidence, provocation of bribes, disclosure of data of the preliminary investigation, coverage of crimes, unlawful exemption from criminal liability, attracting obviously innocent to criminal responsibility, illegal detention, detention or detention and some other crime formulations.
Attracting criminal liability is possible for socially dangerous acts committed by the employee of the internal affairs bodies and aimed at violating the constitutional rights and freedoms of citizens. Among the types of offenses of the offenses can be called: a violation of the secrets of correspondence, telephone conversations, postal, telegraph and other communications, violation of privacy, violation of housing, the refusal to provide a citizen of information, preventing the meeting, rally, demonstration, procession, picketing or participation in They (Art. 137- 140, 149 of the Criminal Code of the Russian Federation).
The police officer can be attracted to material liability for damage, which was caused by the internal affairs authorities. According to Part 4 of Art. 33 FZ "On Police" This type of responsibility can be applied in accordance with the labor legislation (ch. 39 of the Labor Code of the Russian Federation). According to civil law (Article 1069 and 1070 of the Civil Code of the Russian Federation), the damage is subject to compensation for citizens and organizations in the event of causing its unlawful
or inaction of the police officer.
Another element of the legal status of an employee of the internal affairs bodies are guarantees: social protection of police officers, guarantees of criminal procedure legislation - the provisions of the Internal Affairs authorities are subject to the provisions of the legislation on the circumstances excluding the crime of acts (the necessary defense; damage to the detention of a person who committed a crime; extreme Necessity; reasonable risk; physical and mental coercion; non-performance of the order (orders).
An employee of the internal affairs bodies has a special legal status of the civil servant, which includes elements such as responsibility, rights, duties, promotion and guarantees.
Thus, the reform of the internal affairs bodies made adjustments to the legal status of the police officer, which is undoubtedly due to specific reasons. From the point of view of the social aspect, the model of the police system and is as based on the execution of the police functions, and this fully corresponds to the development line of the legal state, since it is the next step in the process of association of the World Police Community.
Initially, in Tsarist Russia, the police served as law enforcement functions, which is why modern renaming may be regarded as a return to historical roots, but with modern content.
The state structure of the police first appeared in the city of St. Petersburg in 1718 and operated in fact 200 years. For the first time, Peter I was first introduced by the police officer general. After 1917, the presence of the police as a power department was very annoyed, in connection with which the Provisional Government reformed and renamed the police. The Temporary Government on April 17, 1917 was established by the police, which began to perform external functions, and the police management structure was democratized.
After the overthrow of the temporary government of the Bolsheviks led by V.I. Lenin adopted a resolution of the NKVD RSFSR of October 28 (November 10) of 1917 "On the working militia". Initially, the Red Guard performed the functions of volunteers. In October 1918, in accordance with the instructions on the organization of the Soviet Workers' and Peasant Militia, it received the status of the State Structure,
2 Code of the Russian Federation on Administrative Offenses of December 30, 2001. M., 2010. 340 p.
3 Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (Ed. Dated 07.04.2010) // SZ RF. 1996. No. 25. Art. 2954; Russian newspaper. 2010. April 9.
there was a refund to the professional type of activity.
It can be stated that the police only for one year was in a state corresponding to its name, in the future she gained all the legal and organizational features of the police. The original name could not be returned militia due to the inconsistency of the communist ideology.
Such structures as, for example, the tax police, partly taught the inhabitants and professionals to the term "police". The international police community has long been perceived by the police as a police office, and in the CIS countries they came to the idea of \u200b\u200breform even earlier.
However, the older generation, remembering the Soviet period, in general, negatively reacted to the idea of \u200b\u200breform. Of course, it is not unambiguous to be guided only by negative associations. The development and adoption of the Law "On the Police" caused fierce disputes between scientists and practitioners. Before developers of the law, the task of creating an excellent legal framework for the activities of an updated state structure was faced.
The reform of the internal affairs bodies touched upon not only police officers, but also citizens. The forefront of the rights and freedoms of man and citizen, as well as the interests of society and the state. In art. 2 "The main activities of the police" 4 are enshrined these areas, which, in contrast to the law "On the Militia", are complemented by such provisions as: control over the turnover of weapons and private detective and security activities, search for persons and abducted property, ensuring road safety. It should be noted that these directions in the former law were also indicated, but only in the section of the police duties. Thus, at least in the new law this aspect
and it is not an unambiguous novelty, but we can talk about the necessary systematization of its provisions. Undoubtedly, the Law "On the Police" is more detailed determines the procedure for the use of powers by police officers.
Summing up, it should be noted that the value of the legal status of the police officer is that a system of regulatory legal acts is being created, providing a high level of legal protection of the police. The unity of social content and legal form ultimately determines the legal status of police officers, which is implemented in specific legal relations. It should be especially noted that only a person with consciousness and will can act as a subject of these legal relations capable of acting and carrying responsibility for them. Since the personnel of the police is part of civil servants, it is inherent in all the necessary features: hierarchy of posts, the relations "boss - subordinate", direct dependence of rights and obligations from the official position, the separation of functions between employees, etc. The reform of the system of the Ministry of Internal Affairs of Russia has changed the administrative and legal status of the police officer, and this has become the basis for the emergence of an efficiently functioning law enforcement system. The reform is currently not completed, inside the departments occur, including structural transformations. However, the time passed after the start of reforming gives reason to conclude that the change in the legal status of the police officer is concluded not only in the specificization of its powers and competencies, but also in toughening the requirements for the procedure for admission to the service, the passage of service, as well as its service behavior.
sTIsok literature
1. Voevodin LD The content of the legal status of the individual in the science of Soviet state law // Soviet state and law. 1965. No. 2. P. 42-50.
2. Lepihkin A.I. Legal state of Soviet citizens / A.I. Lepichkin. M.: Thought, 1966. P. 31.
3. Matusov N.I. Personality. Rights. Democracy. Theoretical problems of subjective right. Saratov: Publishing House Sarat. University, 1972. Since 192.
4. Patyulin V.A. State and personality in the USSR (legal aspects of relationships). M.: Science, 1974.c 114.
5. Shchetinin B.V. Citizen and Socialist State // Soviet state and law. 1975. No. 2. P. 3.
6. Atamanchuk G.V. Public service entity: history, theory, law, practice. M.: Norm, 2008. S. 47.
4 About the police: Federal Law of 07.02.2011 No. Z-FZ (ed. From 12/06/2011) // Russian newspaper. 2011. № 25.
7. Manokhin V.M. Service and employee in the Russian Federation: legal regulation. M.: Lawyer, 2008. P.65.
8. Obolonsky A.V. Public service. M.: Science, 2001. P. 153.
9. Channov S.E. Service Legal Relationship: concept, structure, provision / ed. V. V. Volodina. M.: Ace-89, 2009. P. 89.
10. Bulavin S.P., Chernikov V.V. Legal status of a police officer // Administrative law and process. 2011. No. 9. P. 2.
11. Dubrovin A.K. The legal status of the police officer: theoretical and legal aspect // Russian Justice. 2011. No. 12. P. 61.
12. Malakhov V.P. The unity and distinction of administrative and police law // Administrative and municipal law. 2010. No. 2. P. 84.
13. Vasilyev F.P. What police do we need? // Russian Justice. 2011. No. 6. P. 41.
14. Butilin V.N., Dugener A.S., Vasilyev F.P. The legal status of the Russian police in its formation // Administrative law and the process. 2011. No. 5. P. 29.
Edition of the Kazan Law Institute of the Ministry of Internal Affairs of Russia
A N. B-KTIKN M.Yu. G ^ - S. 1g Mironnnn
Pages of the history of the Kazan Police
Bictashev A.N.
Pages of the history of the Kazan Police: Historical Essay: Tutorial / A.N. Bictashev, M.Yu. Grebenkin, S.N. Mironov. - Kazan: Kyu MVD of Russia, 2017. - 98 p.
The training manual contains materials reflecting the history of the creation and development of the Kazan police of the XVS-XIX centuries., Its structure and competence, main activities.
Designed for cadets and listeners of educational organizations of the Ministry of Internal Affairs of Russia, studying the course of the history of the internal affairs bodies.
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Pequivable police status in RF
Introduction
Public Administration is a form of state activities, the essence of which is to implement its subjects of regulatory and defined functions, by using the administrative law of Russia belonging to them: studies. / L.L. Popov, Yu.I. Migachev, S.V. Tikhomirov; Ot. ed. L.L. Popov.-M.: TK Velby, Publishing House of Prospect 2006. P. 359.
In a narrow understanding, state government is a subtitle, legally imperative activities of the executive authorities of the Russian Federation and its subjects for the implementation of the administrative law administrative law: the abstract of lectures.-4th ed., Pererab. and add. - M. Yurait-Edition, 2007 S. 13.
State administration in Russia is carried out by the executive bodies that have a complex structure and a certain mechanism of action.
One of the main goals of public administration is to ensure the safety of personality, society and the state, the protection of citizens from unlawful encroachments.
The above goal is implemented by the executive authorities of the Russian Federation in one of its functions - the guard, which is the application of state coercive measures to legal and individuals in the event that legislative norms violate these persons.
Inside the country, the aforementioned function is performed by the Ministry of Internal Affairs of the Russian Federation, which includes the police.
The main regulatory documents regulating the activities of the police are the Federal Law "On Police", No. 3-ФЗ dated 07.02.2011. (as amended by 05.04.2013) and the Federal Law "On Service in the Internal Affairs bodies and amendments to certain legislative acts of the Russian Federation", No. 342-FZ dated November 30, 2011. (as amended from 07.05.2013 N 102-FZ).
The tasks of this course work are:
i define the concept of public administration in the field of internal affairs of the Russian Federation, the establishment of its goals, tasks and functions;
learning the structure of the system of the Ministry of Internal Affairs of Russia;
study the history of the police development, determination of its legal status in the system of the Ministry of Internal Affairs of the Russian Federation;
The basis of this course work is the provisions of the Constitution of the Russian Federation of 1993, federal laws "On the Police" No. 3-FZ dated 07.02.2011. (as amended from 05.04.2013) and "On the service in the internal affairs bodies and amendments to certain legislative acts of the Russian Federation", No. 342-ФЗ dated November 30, 2011. (as amended from 07.05.2013 N 102-FZ), current Russian legislation, as well as studies of this problem in the domestic legal literature.
Chapter 1. State Department of Internal Affairs of the Russian Federation, its goals, tasks and Functions
The field of internal affairs as the field of public administration includes public relations, developing from the protection of human rights and freedoms and citizen, the protection of law and order, providing public security and in the field of migration.
The constitution of the Russian Federation, the Federal Law "On Police", No. 3-FZ dated February 07, 2011, the Federal Law "On Service in the Internal Affairs bodies and amendments to certain legislative acts of the Russian Federation", №342-ФЗ dated November 30, 2011, Federal Law "On Fire Safety" No. 69-FZ dated December 21, 1994. Meeting of the legislation of the Russian Federation 1994. №35, federal law "On the internal troops of the Ministry of Internal Affairs of the Russian Federation" №27-ФЗ dated 06.02.1997 Meeting of the legislation of the Russian Federation 1997. No. 6 and the Regulation on the service in the internal affairs bodies of the Russian Federation, approved by the Resolution of the Supreme Council of the Russian Federation No. 4202-I of 23.12.1992.
Management of internal affairs is an independent branch of the state in the field of socio-political activities of the state. It is a targeted, organizing the activities of the executive authorities.
Internal affairs management has its own specifics expressed in the law enforcement management. The Office is aimed at compliance with citizens of laws and other legal acts; warning offenses; creating conditions for physical, legal and officials for the implementation of their rights and execution assigned to them constitutional duties; Education of citizens of the lawcraft, respect for the norms of law Korenev A.P. Administrative law of Russia. Textbook. M.: MJs of the Ministry of Internal Affairs of Russia. Publishing house "Shield-M", 1999 p.16.
The field of internal affairs of the state is a multi-structure, includes public relations related to the protection of the rights, freedoms and interests of the individual, society and states from criminal and other unlawful encroachments; prevention and suppression of crimes and administrative offenses; implementation of operational investigative activities, inquiry and investigation; ensuring road safety and fire safety; implementation of licensing and permits; Passport and visa control and others.
The existing objective relationship of the above community relations, as well as their specificity, give the right to consider the departments of the internal affairs as an independent object of public administration, that is, as a complex of public relations, acting as a managed system.
Management of internal affairs, as well as management in other industries, is a targeted organizing activity. Subjects of management in the field of internal affairs are state bodies, local governments, officials endowed with relevant powers, public associations and their representatives who have special rights to implement the functions in the field of internal affairs, as well as citizens involved in public relations.
The main purpose of management in the field of internal affairs should be considered the provision of law and order and legality in the state, the protection of the rights, freedoms and legitimate interests of citizens and organizations. This goal is specified in the tasks of the Office of Public Procedure, to combat crime, to ensure public security, on the protection of property owners and the protection of facilities, regardless of the forms of ownership, to execute criminal penalties.
These tasks are solved by the police, internal troops, departments of the State Fire Service and other divisions and services of the internal affairs bodies Alekhin A.P., Kozlov Yu.M. Administrative law of the Russian Federation. Textbook. M., 1995 .
From the purpose and tasks of internal affairs management flows the main control functions:
b protection of life, rights, freedoms and legitimate interests of citizens from unlawful encroachments;
protection of public order and providing public security;
b warning, suppression and disclosure of crimes and administrative offenses;
b is based on contracts with owners of property owned by him;
b fulfillment of criminal penalties.
In legal literature, there is no definite concept of internal affairs. It follows from the very concept of public administration in aggregate with the objectives, objectives and functions of the executive bodies, carrying out the management of the internal affairs of the state.
Based on the foregoing, summing up, you can give the following definition of public office in the field of internal affairs:
b. The State Administration in the field of internal affairs is the executive and administrative activities of state bodies and specially authorized public organizations aimed at ensuring the personal safety of citizens, protect their rights and freedoms and legitimate interests, public order, public security, crime fighting, liquidation of conditions and The reasons for its generating.
§ 1. State bodies engaged in the management of internal affairs of the Russian Federation
Direct management of internal affairs of Russia is entrusted to the internal affairs bodies.
The system of internal affairs bodies includes the Ministry of Internal Affairs of the Russian Federation, the Ministry of Internal Affairs of the republics, the main management, management and departments of the internal affairs of the regional, regions, cities of the federal significance, the autonomous region, autonomous districts, areas, cities, areas in cities, closed territorial entities , management of internal affairs on railway, air and water transport; Controls on particularly important and regime objects, regional controls for combating organized crime, state fire service, internal troops.
It includes various services, divisions, educational institutions, enterprises, institutions, organizations created to fulfill the tasks assigned to the internal affairs bodies Alekhin A.P., Kozlov Yu.M. Administrative law of the Russian Federation. Textbook. M., 1995 .
The Ministry of Internal Affairs of the Russian Federation is the federal executive body that performs functions to develop and implement state policies and regulatory management in the field of internal affairs, including in the field of migration.
The management of the Ministry of Internal Affairs of Russia is carried out by the President of the Russian Federation. He heads the Ministry of Internal Affairs of Russia Minister of Internal Affairs of the Russian Federation, appointed by the President of the Russian Federation, on the submission of the Chairman of the Government of the Russian Federation.
The Minister is personally responsible for the tasks assigned to the Ministry of Internal Affairs of Russia and the implementation of public policy in the established field of activity.
As a federal executive body, the Ministry of Internal Affairs of Russia exercises within its competence.
A significant place in the internal affairs management system is occupied by the police. The legal foundations of its organization and activities are established and enshrined in the Federal Law "On Police", No. 3-FZ dated 07.02.2011. and the federal law "On the service in the internal affairs bodies and amendments to certain legislative acts of the Russian Federation", No. 342-ФЗ dated November 30, 2011.
Police - a system of special bodies for the protection of public order and the fight against crime.
Representing the executive authority system, the police are intended to protect life, health, rights and freedom of citizens, to ensure the protection and protection of property, regardless of its species, the protection of public order, the interests of society and the state, enterprises, institutions and organizations from criminal and other unlawful encroachments .
§ 2. Police Development History
In Russia, over several centuries, police functions were carried out by various government agencies.
In ancient Russia, police functions performed the prince and his squad.
As the complication of a public organization improves and complicates, police functions begin to perform some officials by the Princely Administration: Governors, Posader, Sotskiy, Old Towns, etc.
In addition, police functions carried out Archbishop, headed by the Christian Church, which considered the affairs of special jurisdiction.
Gradually there is an expansion of the network of organs who performed police functions. In medieval Russia, the creation of special police officers, such as, robbery, acting as a central police officer and operating in the territory of all Russia, with the exception of Moscow and the Moscow region, where Zemsky order was created as a police body.
Initially, the police arose in St. Petersburg. In 1715, the Politzmeister Office is established here, and three years later, the post of the Politzmeister General, corresponding to the fifth grade "Tabel about ranks", is introduced. In 1722, the Politsenter Office is established in Moscow.
Under Petra I, the Preobrazhensky order is acting as a special political police. Since 1695, the order is guided by the order in Moscow and the investigation of particularly important court cases. Directed by Prince-Kesar Fedor Yuryevich Romodanovsky.
Along with the Preobrazhensky order in Russia, the Major office, which arose due to the cottage by Peter I of special personal orders to approximate individuals, most often by the Guards officers in the Major rank.
In 1718, a new structure engaged in political school is a secret office.
The end of the XVIII century is significant to the creation of a secret agent - a phenomenon for those years new, but, as the time has shown, very promising.
In 1802, Alexander I creates new central government agencies in Russia - the ministry and among them - the Ministry of Internal Affairs of Kuritsyn V.M. "Police history of Russia." Brief historical essay and basic documents. Tutorial. - M.: "Shield-M", 1998. P. 77.
Further development of the central police department bodies are associated with the implementation of the reform M.M. Speransky, during which the Ministry of Police was formed. The Ministry of Police consisted of departments (Department of Police of the Economic Department, Department of Police Executive, Medical Department) and two office (general and special). The government has entered the Ministry of Police with great powers. In addition to worrying internal security, the Ministry has followed the execution of laws by all other government ministries.
After the suppression of the uprising of the Decembrists, the body of the political event becomes the third branch of his own imperial majesty of the office. When the department is formed as the initial component parts, the special office of the Ministry of the Interior, the Secret Agent and the Separate Corps of the gendarmes included.
Criminal proceedings then subdivided into three stages: Corollary, Court, Execution Ivanova E.A. "Legal basis of the organization and activities of the Russian Police of Russia", Krasnodar :, 2003 - p.102.
The reform of 1880 turned the Ministry of Internal Affairs to the dominant link of the state apparatus, in the role of which it was almost until the fall of autocracy.
The police department consisted of seven-piece workshops, two departments and agents. Owner's office work led personnel work. Legislative - conducted the construction of police bodies throughout the country, the prevention of the antisocial behavior of ordinary people. The third - was engaged in a secret collection of information about citizens wishing to enter public service, as well as leading active social activities. In addition, he was controlled by the wanish of criminals. The fourth - controlled the conduct of inquiries on cases of state crimes. Fifth - watched the execution of decisions adopted in relation to state criminals. The sixth - watched the production and storage of explosives, controlled compliance with laws on wine monopoly and Jews, regulated relations between entrepreneurs and workers. Seventh - managed the activities of the departments.
The need to create special bodies dealing with an exclusively criminal warehouse was recognized in Russia by the beginning of the XX century. In July 1908, a law on the organization of the crown part, in accordance with which, in urban and county police departments, are created by random offices. Their task was the production of inquiries in criminal cases with maintaining the necessary operational search activities.
At the beginning of the 20th century, the Russian criminal office was recognized as one of the best in the world, since it used in his practice the latest techniques. For example, a registration system based on the systematization of information on persons in 30 special categories. Albums were actively used.
After the February Revolution of 1917 in Russia, the royal police were eliminated. The replacement of the police "People's Militia" was proclaimed.
The NKVD RSFSR College on May 10, 1918 decided that "the police exists as a permanent staff of people performing special functions." From this point on, the militia from the "People's" starts the transition to the category of professional.
The Central Executive Committee in 1920 approved the first position "On the Workers' and Peasant Militia". In accordance with him, the police included: urban and countable militia, industrial, railway, water, searching militia. The service in the police was voluntary. On November 17, 1923, the service of precinct warders was created in the system of internal affairs bodies - the current district police inspectors.
As part of the police, over time, new divisions arose. In 1936, divisions of the State Automobile Inspection (GAI) were created, in 1937 - to combat the embezzlement and speculation (BXSS).
By 1941, in the structure of the Main Police Department of the Police, there were departments of criminal investigation, BXS, outdoor service, traffic police, railway militia, passport, scientific and technical, to combat banditry.
Subsequently, in different years, the police included such departments as special purpose police officers - special forces, a special purpose police squad - Omon, the General Directorate for Combating Organized Crime - Gubov and others. In 1990, the National Central Bureau of Interpol was created in Russia.
On April 18, 1991, the Federal Law of the RSFSR "On Militia" came into force. The law addresses the issues of the general situation, the organization of the police in the RSFSR, the duties and rights of the police, the use of the police, special means and firearms, service in the police, guarantees of the legal and social protection of police officers.
On the referendum on December 12, 1993. The Constitution of the Russian Federation was adopted, which secured the main provisions of the Law of the RSFSR "On the Militia".
By 2004, in the structure of the Ministry of Internal Affairs of the Russian Federation there were more than 37 departments.
On November 5, 2004, the president was signed by a decree, according to which these governments were replaced by 15 departments, centers and special bodies.
The Law "On Police" was signed by the President of the Russian Federation Dmitry Medvedev on February 7, 2011. The date of entry of the new law by force - March 1, 2011
The law "On the Police", developed within the reform of the Russian internal affairs bodies, provides that the police will change the name for the police. Police legal federal law
The law determines the status, rights and obligations of the police officer; Release the police from duplicate and unusual functions, enshrines a partnership model of relations between the police and society.
Chapter 2. Police and its legal status
§ 1. Purpose and main directions of police
The police are a combination of federal executive bodies and services whose goal is to protect the law enforcement and peace of mind.
The legal status of the police is regulated by the Federal Law "On Police" No. 3-FZ of 07.02.2011. and federal law "On the service in the internal affairs bodies and amendments to certain legislative acts of the Russian Federation", No. 342-ФЗ dated November 30, 2011.
The legal basis of the police is the Constitution of the Russian Federation, generally accepted principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, Federal Law "On Police", other federal laws, regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation, as well as the regulatory legal acts of the federal executive body, performing functions to develop and implement state policies and regulatory legal regulation in the field of internal affairs.
The police in their activities are also guided by the laws of the constituent entities of the Russian Federation on the protection of public order and providing public security issued within their competence.
The term "Police" in the law "On the police" is used in several values. Under the police are a system (a set) of institutions (specific services), united by the same appointment, tasks, principles of activity and legal status of employees. Also, under the police are understood by the specific structural divisions of the internal affairs bodies. Police is not referred to as the division of the internal affairs body, but the relevant service of the internal affairs body of Ryzhakov A.P. A postroom comment to the federal law "On the Police". M .:, 2011 C.2.
In accordance with Article 1 of the Law "On Police", the police are intended to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, individuals without citizenship, to combat crime, public safety, property and to ensure public security.
Police immediately comes to help everyone who needs to protect against criminal and other unlawful encroachments.
Police within their powers assist federal state authorities, state authorities of the constituent entities of the Russian Federation, other government agencies, local governments, other municipal authorities, public associations, as well as organizations regardless of the forms of ownership, officials of these bodies and organizations in defense their rights.
The advantage of the law "On the police" is, first of all, in the new definition of police tasks. In the document, they are called the directions of the police.
The main directions of the police are enshrined in Article 2 of the Federal Law "On Police":
b defending personality, society, states from unlawful encroachments;
b warning and preventing crimes and administrative offenses;
b detection and disclosure of crimes, production of inquiry in criminal matters;
b's search for persons;
led proceedings on administrative offenses, execution of administrative penalties;
supporting law enforcement in public places;
ensuring road safety;
control over compliance with the legislation of the Russian Federation in the field of weapons turnover;
control over compliance with the legislation of the Russian Federation in the field of private detective (random) and security activities;
b protection of property and objects, including on a contractual basis;
b State protection of victims, witnesses and other participants in criminal proceedings, judges, prosecutors, investigators, officers of law enforcement and controlling bodies, as well as other defended persons;
the implementation of expert and forensic activities.
By decision of the President of the Russian Federation, police officers can participate in activities to maintain or restore international peace and security.
§ 2. Police Principles
The principles of the police are basic, reflecting the essence of this activity of the beginning (patterns) of the application of the norms contained in the Federal Law "On the Police", which objectively exist and meet certain criteria.
The police in their activities are guided by the constitutional principles and principles enshrined in the law "On the Police".
The principles of police activities are enshrined in chapter 2 of the Law "On Police":
the principle of compliance and respect for the rights and freedoms of man and citizen.
The police operate on the basis of respect for human rights and freedoms and citizen.
The police, limiting the rights and freedoms of citizens, immediately terminated if a legitimate goal was achieved or it turned out that this goal could not or should not be achieved by limiting the rights and freedoms of citizens.
Police employee is prohibited to resort to torture, violence, another cruel or humiliating human dignity. Police officer is obliged to stop actions that the citizen is deliberately caused by pain, physical or moral suffering.
When contacting a citizen, police officer must:
Call their position, the title, surname, to present a service certificate at the request of a citizen, after which it is reported to the cause and purpose of treatment;
In the case of applying measures to a citizen, limiting his rights and freedoms, explain to him the reason and grounds for the application of such measures, as well as the law and obligations of the citizen arising in this regard.
A police officer in the event of a citizen's appeal to him is obliged to call his position, the title, surname, to listen to it carefully, take appropriate measures within my authority or explain, in whose competence includes a solution to the question.
The information received as a result of the activities of the police information about the private life of a citizen cannot be provided to anyone without the voluntary consent of the citizen, with the exception of cases provided for by the Federal Law.
The police are obliged to provide each citizen with the opportunity to familiarize themselves with documents and materials directly affecting his rights and freedoms, unless otherwise established by federal law.
The rights and freedoms of a person and citizen are directly acting. They determine the meaning, the content and application of the police laws and other regulatory legal acts, as well as the procedure for the implementation and results of its activities of Ryzhakov A.P. A postroom comment to the federal law "On the Police". M .:, 2011 P.4.
The above principle relates to the main constitutional principle of respect for human rights and freedoms and citizen.
the principle of legality.
Police operates in accurately compliance with the law.
Any restriction of the rights, freedoms and legitimate interests of citizens, as well as the rights and legitimate interests of public associations, organizations and officials is permissible only on the grounds and in the manner provided by the Federal Law.
Police employee is prohibited to incite, inclined, encourage anyone in the direct or indirect form of anyone to commit unlawful actions.
The police officer cannot justify its actions (inaction) when performing official duties refer to the interests of the service, economic feasibility, illegal requirements, orders and orders of higher officers or any other circumstances.
Application by the police officer of state coercion measures to fulfill the duties and the realization of police rights is permissible only in cases provided for by the Federal Law.
The federal executive authority in the field of internal affairs provides control over the legality of solutions and actions of police officers.
The legality is the overall constitutional principle. The principle of legality in police activities is the requirement of divisions and police officers to implement their functions and implementation of powers based on strict compliance with the Constitution of the Russian Federation, the Federal Law "On Police" and other laws regulating the legal status and police activities.
b The principle of impartiality.
The police protect the rights, freedom and legitimate interests of a person and a citizen regardless of gender, race, nationality, language, origin, property and official position, place of residence, relations to religion, belief, belonging to public associations, as well as other circumstances.
Police employee is prohibited to consist in political parties, mainly supporting political parties and take part in their activities. When working out, police officer should not be associated with solutions of political parties, other public associations and religious organizations.
The police officer must show respect for the national customs and traditions of citizens, take into account the cultural and other features of various ethnic and social groups, religious organizations, contribute to interethnic and interfaith consent.
The police officer, both in the service, and in the extramanent time, should refrain from any actions that may cause doubt about its impartiality or damage the authority of the police.
This principle secured the equality of citizens to the law governing the composition of the crime (other offense), the procedure for attracting a person to the responsibility and competence of the police in the field of protection of the rights, freedoms and legitimate interests of a person and a citizen.
b The principle of openness and publicity.
The police are open to society to the extent that this does not contradict the requirements of the legislation of the Russian Federation on criminal proceedings, on the work on administrative offenses, on operational-search activities, to protect the state and other secrets protected by law, and does not violate rights of citizens, public associations and organizations.
Citizens, public associations and organizations have the right in the manner prescribed by the legislation of the Russian Federation, to obtain reliable information about the police, as well as receive information from the police directly affecting their rights, with the exception of information, access to which is limited by federal law.
Police regularly informs state and municipal bodies, citizens about their activities through the media, information and telecommunication network, as well as through reports of officials (at least once a year) to legislative (representative) state authorities of the constituent entities of the Russian Federation, representative organs of municipalities and before citizens. The frequency, reporting procedure, as well as categories of officials authorized to report to these bodies and citizens, are determined by the federal executive authority in the field of internal affairs.
The police in accordance with the legislation of the Russian Federation provides information on its activities of the media on the official requests of their editions, as well as through press conferences, reference reference and statistical materials and in other forms.
At the request of the editors of the media in the manner determined by the federal authority of the executive authority in the field of internal affairs, the accreditation of journalists to illuminate the police activities is accredited.
This principle operates at all stages of the police carried out in the implementation of all the law enforcement provided by the law and species of the law enforcement of the law enforcement A.P. A postroom comment to the federal law "On the Police". M .:, 2011 P.5.
the principle of public confidence and support of citizens.
The police in carrying out their activities seeks to provide public confidence in their own support.
The actions of police officers must be reasonable and understandable for citizens.
In case of violation by a police officer of the rights and freedoms of citizens or organizations, the police are obliged to take measures to restore violated rights and freedoms. In the manner determined by the federal body of the executive branch in the field of internal affairs, the police apologize to the citizen, the rights and freedoms of which were violated by the police officer, at the location of (residence), work or citizen's studies in accordance with his wishes.
Information that is disrupted, the dignity and business reputation of a citizen who loyal to publicity by the police officer, if they are not recognized by the court, the investigator, the inquiry or the police itself should be refuted in the same form, in which they were led by publicity, in possibly short The term, but not exceeding one month from the date of the recognition of such information not corresponding to reality.
The federal executive authority in the field of internal affairs conducts constant monitoring of public opinion on the police, as well as monitoring the interaction of the police with civil society institutions. The results of this monitoring are regularly brought to the attention of state and municipal bodies, citizens through the media, information and telecommunications network.
Public opinion is one of the main criteria for the official assessment of the police, determined by the federal authority of the executive authority in the field of internal affairs.
the principle of interaction and cooperation.
The police in carrying out their activities interacts with other law enforcement agencies, state and municipal bodies, public associations, organizations and citizens.
The police when performing responsibilities assigned to it can use the possibilities of state and municipal bodies, public associations and organizations in the manner prescribed by the legislation of the Russian Federation.
The police within their powers assist in state and municipal authorities, public associations and organizations in ensuring the protection of the rights and freedoms of citizens, respect for the legality and law enforcement, and also supports the development of civil initiatives in the field of offenses prevention and law enforcement.
State and municipal bodies, public associations, organizations and officials should assist the police when performing responsibilities assigned to it.
The interaction of the police with law enforcement agencies of foreign countries and international police officers is carried out in accordance with international treaties of the Russian Federation.
principle of use of achievements of science and technology, modern technologies and information systems
The police in their activities are obliged to use the achievements of science and technology, information systems, communication networks, as well as modern information and telecommunication infrastructure.
The police use technical means, including the means of audio, photo and video phixations, when documenting the circumstances of crimes, administrative offenses, the circumstances of the incident, including in public places, as well as to record the actions of the police officers who are responsible for them.
In modern conditions, the reliable provision of law and order, effective protection of the rights and freedoms of citizens, countering terrorism, crime, especially organized forms is impossible without a comprehensive scientific and information support for the operational activities of the bodies and units of the Ministry of Internal Affairs of Russia.
In the near future, the Ministry of Internal Affairs of Russia plans to carry out a complete transition to an electronic document flow. Already, registration of statements and appeals of citizens, as well as the provision of socially significant services possible in electronic form.
§ 3. Legal Position of the police officer
The legal status of the police officer is enshrined in the Law "On Police" and provides for basic rights and obligations, as well as guarantees of the legal protection of the police officer and its responsibility.
A police officer is a citizen of the Russian Federation, which carries out official activities as a federal public service in the internal affairs bodies and to which a special title is assigned in the prescribed manner.
A police officer, which hosts the service in the territorial body, fulfills the duties assigned to the police and implements the rights provided by the police within the territory serviced by this territorial body, in accordance with the proposed post and the official regulations (official instructions). Outside of this territory, the police officer fulfills the duties assigned to the police, and implements the rights granted by the police, in the manner determined by the head of the federal executive body in the field of internal affairs.
Police employee are issued a service certificate, a special fabric with a personal number, a breastplate.
Police officer is provided with shaped clothing. The police officer has the right to wearing and storing firearms and special means.
Police officer has the right to:
To ensure the appropriate organizational and technical conditions necessary to fulfill official duties;
On vacation, provided by the establishment of a normal duration of official time, providing weekends and non-working holidays, as well as annual paid main and additional leaves;
To pay for labor and other payments in accordance with the legislation of the Russian Federation and a contract for the passage of service in the police;
To protect your personal data;
For promotion in the police;
On vocational training, retraining, advanced training and internship in the prescribed manner;
To protect their rights and legitimate interests, including appeal against their violations;
On state protection of the life and health, life and health of his family members, as well as belonging to him and members of his family of property;
Apply physical strength, special means and firearms on the grounds and in the manner provided for by the Law "On the Police", as well as a number of other rights enshrined in Art. 28 of the law.
Police officer owes:
Know and comply with the Constitution of the Russian Federation, legislative and other regulatory legal acts in the field of internal affairs, ensure their execution; to be held in the order determined by the federal authority of the executive authority in the field of internal affairs, regular verification of the knowledge of the Constitution of the Russian Federation, legislative and other regulatory legal acts in the specified sector;
Perform official duties in accordance with the Official Regulations; carry out orders and orders of managers (bosses), given in the prescribed manner and non-contradictory federal law;
Contact your direct supervisor, and if necessary, to the direct boss, at the same time, at the same time, the direct supervisor
Observe when performing official duties, the rights and legitimate interests of citizens, public associations and organizations;
Abide by the inner regime of the territorial body, the organization's regulations included in the system of the federal executive authority in the field of internal affairs, where he undergoes service;
Maintain the level of qualifications necessary for proper performance of official duties;
Do not disclose information that make up the state and other law protected by law, as well as information that has become known to him in connection with the performance of official duties, including information relating to the privacy and health of citizens or affecting their honor and dignity;
Take care of state property, including the duties granted to him;
Submit in the manner prescribed by the legislation of the Russian Federation, information about their income, property and obligations of the property nature, as well as information on income, property and obligations of the property of their spouses (spouse) and minor children;
Report on the exit of the citizenship of the Russian Federation or on the acquisition of citizenship (citizenship) of a foreign state on the day of exiting citizenship of the Russian Federation or on the day of the acquisition of citizenship (citizenship) of a foreign state;
Comply with the limitations and prohibitions established by federal laws related to the police service, as well as to comply with the requirements for the official behavior of the police officer;
Report to the direct boss on the emergence of personal interest, which can lead to a conflict of interest when performing official duties, and take measures to prevent such a conflict;
Notify the immediate supervisor, the prosecutor's office of the Russian Federation or other state bodies on each case of appeal to any individuals in order to decline the corruption offenses.
In addition, the police officer regardless of the replaced position, the location and time of day is obliged:
To provide first assistance to citizens affected by crimes, administrative offenses and accidents, as well as citizens who are in helpless state or in a state, dangerous to their lives and health;
In the event of an appeal to a citizen with a statement of a crime, an administrative offense, an incident or in case of detection of a crime, an administrative offense, an incident take measures to save a citizen, preventing and (or) curve, administrative offense, detention of persons suspected of their Performing, on the protection of the crime, administrative offense, the scene of the incident and report this to the nearest territorial body or division of the police.
Police employee by law the following guarantees are provided:
Police officer, fulfilling the duties assigned to the police and implementing the rights provided by the police, acts as a representative of state power and is under the protection of the state.
Police officer when performing official duties obey only the direct or direct chief. No one has the right to interfere with the legal activities of the police officer, except for persons directly authorized by the federal law. No one has the right to force the police officer to fulfill the duties that are not entrusted with this federal federal law. When receiving an order or order, explicitly contradicting the law, the police officer must be guided by law.
The legal requirements of the police officer are mandatory for citizens and officials.
The obstacle to the execution by the police officer of official duties, insulting the police officer, the provision of resistance, violence or the threat to the application of violence against the police officer in connection with the fulfillment of official duties or non-fulfillment of the legal requirements of the police officer entails the responsibility provided for by the legislation of the Russian Federation.
Police officer is not obliged to give any explanations of the essence of cases in its production and materials, as well as provide such cases and materials, including affecting human rights and freedoms and citizen, to familiarize themselves as in cases and procedure provided for by the legislation of the Russian Federation.
The state protection of life and health, honor and dignity of the police officer and his family members, as well as the property belonging to him and his family members, from criminal encroachments in connection with the performance of official duties is carried out in the manner prescribed by the Law "On Police".
State protection measures are also applied to close relatives of the police officer, and in exceptional cases, in relation to other persons, the health and property of which an encroachment is committed in order to prevent the legitimate activities of the police officer or coercion to change its nature, as well as from revenge Specified activities.
In accordance with the Law "On Police", the police officer, like all citizens of Russia, is personally responsible for their actions:
Police officer, regardless of the replaced position, is responsible for its actions (inaction) and for the orders and orders.
For illegal actions (inaction), police officer is responsible established by federal law.
The damage caused to citizens and organizations with unlawful actions (inaction) of the police officer in the fulfillment of official duties is subject to compensation in the manner prescribed by the legislation of the Russian Federation.
For damage caused to the federal executive body in the field of internal affairs, the territorial body, the police unit or the organization included in the system of this federal authority, the police officer carries material liability in accordance with the labor legislation of the Russian Federation.
Legal analysis of the norms of the Federal Law "On the Police" showed that on the one hand, the rule status of the police can be implemented only within its destination. On the other hand, the Government may be implemented only by exercising legitimate activities. The lawful activity of the police will be only when it uses only the authority of the Ryzhakov A.P. to the Law "On Police" or other regulatory legal acts A postroom comment to the federal law "On the Police". M .:, 2011 C.11.
The law "On the Police" in the Russian Federation was created by the legal basis of the organization and activities of the police in accordance with new public realities.
§ 4. Conceptual ideas of the Federal Law "On Police"
The Law "On the Police" is aimed at creating the legal framework for the organization and activities of the police in the Russian Federation in accordance with new public realities.
A number of conceptual ideas S.P. laid in its foundation. Bulavin, V.V. Chernikov. Federal Law "On Police". Prerequisites and conceptual ideas // Administrative law. - 2011 - №9 - s. 2-10:
Ш Fastening the social destination of the police.
In the Law "On Police", the key is the idea of \u200b\u200bsocial destination of the police. The main purpose of the police is to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, individuals without citizenship, counteracting crime, the protection of public order, property and providing public security. The law enshrines the priority of police ministry to society.
The law "On the police" was reflected the idea of \u200b\u200bhumanization of forms and methods of the police. Protection of personality, society, states from criminal encroachments are defined as the first among the main activities of the police. Warning, the prevention of crimes is considered as the main activity, the use of force by employees is allowed only in cases where non-violent methods do not ensure the fulfillment of duties assigned to them.
Special head regulates in detail the use of physical strength, special means and weapons. It is developed on the basis of the Code of the behavior of officials to maintain the law enforcement adopted by the UN General Assembly.
In order to implement the Council of Europe's Convention on the Protection of Individuals with automated processing of personal data, as well as in accordance with the requirements of the Federal Law "On Personal Data" in Article 17 of the Law "On Police", comprehensive policy of the collection, storage and processing of information containing personal data.
SHALITY and the highest possible concretization of police powers
The law "On the Police" implemented the idea of \u200b\u200bconsolidating the duties and rights in one law. This allows citizens and employees themselves as law enforcers to be able to see the entire volume of the police in one regulatory legal act of the highest legal force, and not in dozens of different acts, including departmental levels. This circumstance will have a positive effect on reducing the level of subjectivism in the work of police bodies.
Ш Fastening a partner model of police relationship with society.
Features of the daily activities of the police, invading due to their responsibilities in the field of rights and freedoms of citizens and organizations, determine the need to establish additional control over the activities of the police not only by the state, but also of civil society institutions. In this regard, a partnership model of the relationship between the police and society is enshrined in the law "On the Police". It provides that the police are not standing on society, but serves to him, focusing on cooperation with the institutions of the civil community and citizens in the process of protecting the rights and freedoms of citizens, counteracting crime, public conservation.
One of the main elements of the implementation of this model was the fixed list of the principles of the police, which focuses each employee for a respectful attitude towards citizens, fulfill its authority based on high ethical standards. This will allow each employee in carrying out their duties to feel part of society, and society, in turn, it is better to understand that it delegated the police the function of protecting itself from the missing, including a not very pleasant and specific mission of coercion in the name of the law.
Ø Clarification of the legal status of the police officer and the procedure for passing service.
Revealing the legal status of the Police officer in Article 25 of the Law, the concept of "police officer" is specified. It is a citizen of the Russian Federation, which provides official activities in the position of federal public service in the internal affairs bodies and to which a special title is assigned in the prescribed manner.
C consolidation of organizational unity of police and internal affairs bodies.
The police are not an independent executive body, and an integral part of the federal executive body in the field of internal affairs (Russia's Ministry of Internal Affairs). The leaders of the internal affairs bodies are fully responsible for the proper fulfillment by the police assigned to it
In organizing plan, the police represent a combination of divisions, organizations and services of the Ministry of Internal Affairs of Russia and its territorial bodies.
E strengthening of the anti-corruption component in the work of the police, in which it is important to maximally exclude the possibility of the appearance of the facts of moods, bribery and other manifestations of corruption.
W is the liberation of the police from the unusual functions and duplication of the functions of other state bodies.
W more perfect legal technique. The new law will become more convenient to use due to its complexity.
Ø Police translation to federal budget financing.
All the costs of the content of the police are the consuming obligation of the Russian Federation. This will allow to get away from dual police subordination, to ensure a uniform level of monetary content and social protection of police officers regardless of the regions.
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Introduction
The supportmen of the ponalization are home-based serving and carry out the professional development of human rights and freedoms and citizens' protection and publicity, the creation of public safe guarantees. In the strength of the Specifics of the tasks of them, police officers have a number of general and special powers, which are forbidden to help and oxpany life and health of citizens, property and right.
The issue of guarantees of the right to protect police officers of the Russian Federation was and will remain different from the GLAVN in gravity of the laws of the Ministry of Acriefs of the Russian Federation.
In accordance with the general concept of States and civil society, the state regulates only the most important relationships. As a rule, such relatives of the relative norms and are protected from disorders with various means of exposure.
For Okhrena and the names of the personality, society and the state, a system of bodies have been created that ensure reliable lawspan and carry out response measures in each case of violations or improper application of the law.
The most part of the development of the Russian statehood is the adoption of a very good term of the case and other regulatory legal acts regulating the procedure for the creation, structure and system of law enforcement agencies.
All of the above confirms the status of this topic of research.
The purpose of this work is to analyze the police, as the wrong organ in the system in the system in the Russian Federation of Official Body, as well as in the consideration of the basic guarantees of the legal protection of the support of the ponalization and the ix.
In order to fully consider the chosen topic, the following tasks were delivered:
study of the legal framework of the police;
determining the essence of the legal status of the police officer;
the study of the rights and responsibilities of police officers.
The subject of study of this work is the regulatory legal acts regulating the organization and police in the Russian Federation.
legal protection law enforcement
Legal status of police officer in the Russian Federation
Legal basis of police activities in the Russian Federation
Police - Odin from the DPEW and NEATEMLEMLS of the institutions of the state playing the main pool in the oversee of the internal security of any country.
Within the framework of the MBD of Russia, the MBD of Russia was implemented by a set of measures for Peopganizations and optimizations of Striotypes of YPERAVENNII, KADOGO and MATEPIAL-technical support, as well as to solve the most acute social problems of the internal affairs.
The federal law "On the police" establishes a more civilized model of relations between police and society, police officer and citizen. The law gives an exhaustive list of police responsibilities, makes the activities of the law enforcement officer more transparent for civil society. Police employee are presented with completely new requirements.
The created right-oxpicent institution has a solid legislative framework. False Act "On Police" Federal Law No. 3 of 07. 02.2011 "On the Police" The elimination of gaps that existed in the legal regulation of the police. The police at the present stage focused their main efforts to protect human rights and freedoms and citizen in accordance with existing standards.
In the defense of the federation of the Russian Federation in its activities, the rules undertaken by the Constitution of the Russian Federation, the generally accepted principles and nopmaps of the law, international treaties of the Russian Federation, federal constitutional laws, the Federal Law "On Police", other federal laws and other regulatory legal acts relating to its actor. The use of changes to the legislation of the police within their appointment and competence is entitled to fulfill the obligations that regulatory legal acts are assigned to the police.
Among the laws in which the participants of the Police regulating the management of the Russian Federation include the Constitution of the Russian Federation, the Criminal Procedure Code of the Russian Federation, the Code of Administrative Offenses, the Civil Code of the Russian Federation, federal laws of December 25, 2008 N 273 -FZ "On Countering Corruption", dated June 10, 2008 N 76-FZ "On public monitoring of human rights in the places of compulsory content and to assist persons in places of forced content", dated April 4, 2005 N 32 -FZ "On the Public Chamber of the Russian Federation", dated July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation", dated April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners", dated March 28, 1998 N 52-FZ "On compulsory state insurance of life and health of military personnel, citizens designed for military fees, individuals of ordinary and initial The composition of the internal affairs bodies of the Russian Federation, the State Fire Service, the controls of drug trafficking and psychotropic substances, employees of institutions and bodies of the penitentiary system, "from December 13, 1996 N 150-FZ" On Arms ", from 12 August 1995 N 144-FZ "On operational-search activities", the Law of the Russian Federation of July 2, 1992 N 3185-1 "On psychiatric assistance and guarantees of the rights of citizens in its provision" and some other laws.
The legal status and activities of police officers are also settled by the decrees of the Government of the Russian Federation of August 14, 1992. N 589 "On approval of the provision on private security under the internal affairs bodies of the Russian Federation", on July 17, 1995 N 713 "On approval of regulations for registration and removal of citizens Of the Russian Federation from the register at the place of stay and at the place of residence within the Russian Federation and the list of officials responsible for registration, "on April 25, 1995 N 420" On the approval of the type of establishment of O SPEBYNOE, deviant behavior, "etc.
Commitable to the police also recognize some departmental regulatory legal acts. This is, the instructions on the procedure for admission, registration and distribution in the publications of the Internal Affairs of the Russian Federation of applications, reports and other information about the incidents, the instigation of the internal affairs of the Internal Affairs bodies of the PPEreaty, instructions on the procedure for accounting and storing licenses and permits, issuing authorities Internal affairs in the exercise of gocydaptwhere monitoring the turnover of civil and official weapons and cartridges for it in the territory of the Russian Federation, instructions on the procedure for admission of employees, federal state-owned heads and publishing internal affairs, military personnel and civilian personnel of the Interior Ministry of Russia to the state secret, instructions On the procedure for employees of the internal affairs bodies of the vowel operational-searching event, the examination of premises, buildings.
However, not only the departmental regulatory legal acts received by the Ministry of Internal Affairs of Russia regulate the police. According to Part 2 of Article 30 of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation" Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation" // ATP "Consultant - Plus "For not requiring legislative regulations, the inquiry of the Inquiry authorities recognize the instructions of the Prosecutor General of the Russian Federation. Police are not named among the inquiry authorities. However, police officers are at the same time employees of the internal affairs bodies. The latter, according to paragraph 1 of Part 1 of Article 40 of the Criminal Procedure Code of the Russian Federation33 Criminal Procedure Code of the Russian Federation of 18. 12.2001 N 174-ФЗ // ATP "Consultant - Plus", recognized by the inquiry authorities.
It is known that the ponlation in the law enforcement system, in connection with which the components of the authority of the police are the laws, decrees of the President of the Russian Federation, the Decree of the Government of the Russian Federation, which are simultaneously the Armed Forces of the Ministry of Internal Affairs of Russia, FSB of Russia, the Federal Tax Police Service of the Russian Federation and determine all These departments of the tasks and concrete mepes for a boss with terrorism, banditry, manifestations of organized prolifecy and strengthening the protection of law and order.
It is also necessary to note that the correct basis of the police is both FedePal Zada, other regulatory legal acts published at the federal level and regulatory acts of the constituent entities of the Russian Federation, are made within their full-time.
For the activities of the establishment of important legal acts, regulatory legal acts governing the interaction of internal affairs bodies with law enforcement bodies of foreign countries and international organizations. The police in the implementation of the implementation should come from the fact that generally accepted principles and norms of international law enshrined in international papers, conventions and other documents of the Universal Declaration of Human Rights of 1948, International Covenant on Civil and Political Rights of 1966, International Covenant on Economic, Social and Cultural Rights 1966 g // ATP "Consultant - Plus" and international factors of the Russian Federation are in accordance with Part 4 of Article 15 of the Constitution of the Russian Federation Constitution of the Russian Federation (adopted by a national vote on December 12, 1993 // ATP "Consultant - Plus »An integral part of its legal system. The same constitutional norm was determined that if the international treaty of the ROCI federation is established other rules than those provided for by law, the rules of the International Treaty applies.
NEPABE NEWS TO ACCEPT THE LAW OF THE LAW, if the international treaty entered into force for the Russian Federation, the decision on agreement on the obligation of which for the Russian Federation was adopted in the form of federal law, and other rules were established than provided for by law. The rules of the International Treaty of the Russian Federation applies in these heads.
If the law is not settled by the production of any directly related to the law-enforcement of the police or even named in the law, it is permissible to use the rule of law regulating the production of the most similar case with it. For example, the requirement procedure in accordance with the procedure established by Article 144 of the Criminal Procedure Code of the Russian Federation Criminal Procedure Code of the Russian Federation of 18. 12.2001 N 174-ФЗ // ATP "Consultant - Plus", the necessary materials and survey of persons with their consent in accordance From Article 86 of the same regulatory document, the law is not resolved. It is like that when the protocol-demand protocol, as a rule, uses the shape of the recess protocol, provided in the criminal process, and in the event of a person's oproice under the age of 14, as in questioning such witnesses of the same age, will recommend to invite the teacher. The legislator is not expressing the application of legal norms by analogy, if the rights and legitimate interests of the subjects are not raised to the law enforcement proceedings.
The adoption of the Fallen Sakan "On the Police" Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation" // ATP "Consultant - Plus" necessitated the development of a significant number of new regulatory legal acts, as well as bringing valid regulatory legal acts In accordance with it.
The predetermining law "On the Police" of the NOPMATIVE legal framework, which regulates the general relationships related to the activities of the Russian police, carried the HAPAKTER of the complex and multifaceted system of legislative and other regulatory legal acts. In one way or another, the issues of organizational and activities of the police affected the federal level more than one thousand laws, decrees of the President of the Russian Federation and the decisions of the Government of the Russian Federation, as well as about ten thousand departmental acts.
Federal Law "O Police" Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation" // ATP "Consultant - Plus" The situation with the legal regulation of the police officer as the main body of law corrected qualitatively changed. But non-Me Meee more than six hundred departmental regulatory legal acts need priority processing, and four and a half thousand - in the adjustment.
Racing the question of the authority of the police, it should be noted that the activities of EE services, units and institutions are so multifaceted that its staffing is needed to know almost in all sectors of the right: and the PPPFILITING, and special, and complex, therefore professional staff of police officers - educational graduates Institutions MBD of Russia should have basic legal training, including to know and be able to apply all legislative and other subsists that constitute the legal basis for the activities of the Pon.