thesis
2.1 general characteristics Systems of the Ministry of Internal Affairs of the Russian Federation
The system of the Ministry of the Interior is characterized by the following provisions:
The presence of elements (subsystems);
Subordination and coordination bonds of elements;
Integrity, qualitative originality and relative independence.
At the same time, it is a complex subsystem of the system of executive bodies. When performing its functions, the system of the Ministry of the Interior and its links enters managerial and other relations (intrasystem and external, that is, non-systemized) with various government agencies, public organizations, teams and individual citizens. These relationships may be relations of power-subordination, that is, vertical, and coordination cooperation, that is, horizontal.
The system of the Ministry of Internal Affairs is built on the principle of federalism, taking into account the national-state and administrative-territorial device, as well as taking into account the characteristics of their functions, nature and volume of tasks, since the control object - the field of internal affairs causes not only the form of its manifestation, but requires a certain Systems of organs engaged in the field of internal affairs of the state Petrov M.P. Improving the responsibility of the vertical of public authorities in modern Russia // Legal policy and legal life. - 2010. # 2. - P. 18 ..
The system of the under considerations manifests itself in two roles: as a control subject and as a managed object. Any links them are simultaneously managing and managed by the system. For example, the area of \u200b\u200binternal affairs in relation to the internal affairs management of the area is a management object, but it simultaneously acts as a subject of management, managing subordinate links. There are constant direct and feedback between the subject and the control object. Direct connection comes from the management entity in the form of commands, management solutions. Feedback comes from the control object as information on the execution of commands.
The relationship between the prerequisites of higher and lower internal affairs bodies is the principle of combining centralization and decentralization. The first guide and control the activity of the lower organs, their decisions are required for the subordinate. At the same time, this principle combines a single centralized manual with the initiative and creative activity of the bodies in the field, with the responsibility of each body for the entrusted matter. The provision of extensive rights to the decision of the operational, current issues of public order and security issues contributes to the development of the initiative. However, this does not reduce the responsibility of higher bodies for the activities of subordinate bodies. The activities of all internal affairs bodies are creative, facilitates the implementation of the objectives of the state to strengthen the rule of law and legality.
The system of the Ministry of the Interior is dynamic, it is constantly developing and improving. Its dynamism is associated with socio-economic changes occurring in the country. A comprehensive approach to solving social problems requires strictly to take into account when building a system of the Ministry of the Interior, all system-forming and influencing factors.
The state pays constant attention to improving the activities of the Ministry of the Interior, and measures are taken by the further improvement of their organizational structures.
The activities of each link of the Ministry of Internal Affairs system are limited by the scale of territorial activities. This territory may cover the Russian Federation as a whole, a national-state or administrative-territorial unit. In accordance with the scale of the territorial activity and competence of one or another level, the system of the Ministry of Internal Affairs is divided into two subsystems: federal internal affairs bodies and the internal affairs bodies of the constituent entities of the Russian Federation. Each subsystem is characterized by the presence of several levels.
The federal internal affairs bodies are divided into organs of various levels. The first level includes the Ministry of Internal Affairs of Russia, to the second - regional federal internal affairs bodies operating on the territory of certain regions, that is, in terms of Russia. The activities of these bodies can be carried out within several republics, edges, regions and other territorial units. Education, reorganization and liquidation of regional authorities are made by the Regional Ministry of the Interior in coordination with the subjects of the Federation in which they act Borisov A.V. Ministry of the Interior and the Ministry of Police of Russia. 1802-1917, in the book: Proceedings of the Ministry of Internal Affairs of the Russian Federation - M. - 2008. - P. 271 ..
In connection with the establishment of federal districts as an element of administrative and territorial division of the Russian Federation, at the moment there are eight of them, a new link of the internal affairs bodies appeared at the federal level.
According to these districts, the main departments of the Ministry of Internal Affairs of the Russian Federation have been formed, which implement all the same tasks and functions on the scale of the relevant Federal District, coordinating the efforts of territorial ATS in solving interregional law enforcement issues.
The main tasks of the main departments on federal districts in accordance with the Presidential Decree of June 4, 2001 No. 644 "On some issues of the Ministry of Internal Affairs of the Russian Federation" should include:
Identification, prevention, suppression and preliminary investigation of crimes assigned to their competence by the Minister of Internal Affairs of the Russian Federation as part of the authority provided to him by the legislation of the Russian Federation;
The organization of interaction between the internal affairs bodies with the authorized representatives of the President of the Russian Federation in the relevant federal districts.
Heads of major departments for federal districts are appointed and exempt from office by the President of the Russian Federation on the submission of the Minister of Internal Affairs of the Russian Federation.
The legal status and structure of the State Ministry of Internal Affairs for the Federal District are determined by the Presidential Decree of June 4, 2001 No. 644, as well as regulatory acts of the Ministry of Internal Affairs of Russia.
The structure of the State Ministry of Internal Affairs of Russia according to the FD is created on the basis of the main tasks assigned to it. First of all, these divisions carrying out coordination, control and analysis of the activities of internal affairs bodies in the district, units to ensure their own security, divisions for working with personnel and to ensure conspiracy in work, in addition, these are units that organize and directly engaged in extremism. , tax and economic crimes. These structural elements of the masterpieces are represented by relevant departments, departments, operational search bureaus and other units.
The main departments are in direct submission of the Deputy Minister of Internal Affairs of the Russian Federation, who oversees the criminal police, with the exception of the State Ministry of Internal Affairs of Russia on the Southern Federal District, which is subordinate to "its" deputy minister, and investigative parts (departments) under the main departments, the subordination and activities of which are regulated by the criminal procedural legislation of the Russian Federation.
The organizational and methodological support of the main management activities are carried out in accordance with the competence, the Department of Anti-Extremism, the Department of Economic Security, the Department of Private Security of the Ministry of Internal Affairs of Russia, the Investigation Committee at the Ministry of Internal Affairs of Russia and other Departments of the Ministry of Internal Affairs of Russia in the activities of the activities, as well as the Bureau of Special Technical Events and the Center for Operational management activities of special divisions of the Ministry of Internal Affairs of Russia.
The General Directorate carries out the following powers:
Pre-investigation production;
Operational investigative activities;
Conducting operational-search and operational-preventive measures to identify and curb the unlawful activities of criminal communities (criminal organizations) and organized criminal groups with interregional nature, crimes of extremist and corruption orientation, as well as tax and economic crimes of an interregional nature;
Participation in counteracting terrorism and ensuring the legal regime of a counter-terrorist operation;
Ensuring interaction with operational and search units of ministries of internal affairs, major departments, internal affairs departments on the constituent entities of the Russian Federation, units of special technical activities of the Ministry of Internal Affairs, the Central Internal Affairs Directorate in the constituent entities of the Russian Federation, internal affairs bodies in closed administrative-territorial entities, especially important and regime objects on prompt search for and conducting operational technical measures;
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98. Administrative and legal status of the Ministry of Internal Affairs of the Russian Federation.
The Ministry of Internal Affairs in Russia was legally executed and approved by the Manifesto of Alexander I dated September 8, 1802. "On the establishment of ministries"
among the first eight ministries of Russia
For the Ministry of Internal Affairs, from the very first steps of his activity, the reputation of the influential Central Office of the Russian Empire was entitled. The ministry concentrated in its structure almost all services internal country management.
Through the governors who were his field body, the Ministry of Internal Affairs carried out administrative and political control over the citizens and the territory of the empire, organized the protection of public order and security, the fight against crime. Along with this, it ruled the "official" factories and factories (with the exception of mountain and military), was engaged in the organization of food security and trade, controlled medicine and veterinary, sanitary security, construction and architecture, the improvement of cities and the serviceability of roads, carried out a number of other duties in The scope of management of socio-economic sectors of the life of Russian society.
Over the years, with the development and complications of public life, economic growth, increasing the population of the country's country and the functions of the Ministry of the Interior expanded and became more complicated. It became an increasingly multifunctional department in the system of central controls. Russian Empire, extremely bulky and difficult manageable. Therefore, throughout the history of the Ministry of Internal Affairs, measures were constantly taken to improve its organizational structure for the purpose of exemption from various economic, commonly managed and some other functions indirectly for it. When exemption from some authority and structures, transferring them to other government departments to the Ministry of Internal Affairs, as a rule, new responsibilities were imposed, dictated by the emerging socio-economic and political situation in the country.
In particular, in the period from 1810 to 1819. From the Ministry of Internal Affairs, the Ministry of Police was allocated to the main task of which, in accordance with the manifesto, it was to ensure the internal security of the state, and in this regard, the fight against crime. In addition, his duties included recruiting sets into the army and on the fleet; protection of state food reserves; customs control; Content content; ensuring the health and safety of the communication paths; implementation of explicit and secret supervision of foreigners in Russia; Implementation of censorship events.
Along with the features listed above, the Ministry of Internal Affairs responded to the "release of bread, wine and life supplies abroad"; supervised the versatile and random houses, the content of convicts in places of detention; Engaged in the formation of personnel of police services and fire teams; overstrew over the investigation in criminal cases and controlled the execution by the police of court sentences; He oversight for the "final execution of laws on all ministries at all", as well as control over the border of Russian subjects and entry into the country of foreigners, carried out a number of other functions in ensuring the internal security of the state.
As a result of later reorganization, not only the former structure of the Ministry of Internal Affairs (with minor changes), but also the main tasks decisled them before the creation of the Ministry of Police, which was organizationally presented by an independent department of the Ministry of Internal Affairs Ministry of Internal Affairs were restored.
The Soviet period of the existence of internal affairs bodies also noted by numerous reorganizations of this department, which not only from time to time changed its name (NKVD, MGB, MOO, Ministry of Internal Affairs), but also improved in terms of systemic, structural and functional construction.
This testifies that the question of the situation of the internal affairs bodies in the mechanism of administration of power is complex. Indeed, the internal affairs bodies refer to the bodies of industry state administration (or by the bodies of special competence), in order of education - to derivatives, according to the method of decision-making - to the unique, in terms of credentials - to constant, etc. But when obvious estimates are exhausted, It turns out that the essential characteristic of the internal affairs bodies is very difficult.
As a general trend, a consistent narrowing of the sphere of their activities, exemption from the functions that do not respond their direct intended purpose should be noted. Nevertheless, to the present, they continue to remain diversified. Although the question of the redistribution of functions, the transfer of certain links of the internal affairs bodies system to other bodies (OIS, Mrs.) was raised periodically.
Consequently, strong objective foundations of the unification in one department of such heterogeneous functions (if such a historical tradition is not attributed to those) difficult to detect. A similar situation in due time answered the spirit of an authoritarian state, however, the transition to other principles of state-building was inevitably due to the corresponding changes in this area.
To better figure it out in this matter, it should be characterized in more detail the internal affairs sphere.
The term "internal affairs" is denoted by one of the activities of the state. The name of the sector under consideration is traditional and reflects its historically established content. The internal affairs industry is multi-burst. It includes a number of complex groups of public relations that are associated with the protection of the rights, freedoms and interests of the person, society and the state from criminal and other unlawful encroachments.
Each of these groups is an integral part of the sphere under consideration, and only in the aggregate these groups give an idea of \u200b\u200bthe field of internal affairs of the state as a whole.
The objectively existing relationship of these public relations, their specificity makes it possible to consider the internal affairs scope as an independent object of government, i.e., a complex of public relations acting as a managed system.
As already noted, along with various government agencies, special entities of management in this area are the internal affairs bodies headed by the Ministry of Internal Affairs of Russia.
Currently, as the federal executive authority, which implements the Office in the field of internal affairs, the Ministry of Internal Affairs of Russia is intended to ensure the development and implementation of state policies and regulatory legal regulation In this area, as well as the development of public policy in the field of migration
It is responsible for the state of the activities of the internal affairs bodies of the Russian Federation on the implementation of tasks and functions entrusted to them.
The ministry, heading the entire system of the internal affairs bodies, operates directly and through its main management of the Ministry of Internal Affairs of Russia for federal districts, the Ministry of Internal Affairs of Russia, the Ministry of Internal Affairs of the Russian Federation, the internal affairs authorities on railway, water and air transport, in closed administrative and territorial entities, on particularly important and regime objects, district management of material and military supply, internal troops, compounds and military units of internal troops, representative offices of the Ministry of Internal Affairs of Russia abroad, as well as other units and organizations created to implement tasks assigned to the internal affairs bodies and internal troops.
The ministry in its activities is guided by the Constitution of the Russian Federation, federal constitutional and federal laws, as well as other regulatory legal acts Federal bodies of state authorities, international treaties of Russia on the protection of rights and freedoms of citizens, providing public security, combating crime.
Specified regulations The aggregate constitute the legal basis of the activities of the Ministry of Internal Affairs of Russia, form its legal status as a whole. We will pay special attention to the administrative and legal status of the Ministry of Internal Affairs of Russia.
Not at all silent the significance of the operational-search and criminal procedural activities of the Ministry of Internal Affairs, in our opinion, the scale and volume of administrative activity is still much more. After all, essentially, it should be attributed to all intra-humanization work carried out by the Ministry of Internal Affairs as the highest link of the system of internal affairs bodies, as well as a versatile, multidimensional activity aimed at streamlining external (in relation to the Ministry of Internal Affairs) of public relations that make up the content of the internal affairs sphere itself (safety road traffic, public order, etc.).
But before proceeding to the immediate characteristic of the legal status of the Ministry of Internal Affairs of Russia, we consider it necessary to determine the ratio of such categories as the "legal status" and "legal status". On this issue, there is no consensus among scientists.
Some authors believe that the indicated concepts are synonymous. Others believe that the concept of "legal status" should be used for the abstract characteristics of a citizen or organization in society, since the term "legal status" is more often used to characterize the person or organization in a certain circle of public relations.
In our opinion, the second position seems more logical and faithful, especially when it comes to the Ministry of Internal Affairs of Russia. Its abstract legal characteristic (legal status) is defined in the Constitution of the Russian Federation, the international treaties of the Russian Federation, the federal laws of the Russian Federation, the acts of the President of the Russian Federation and the Government of the Russian Federation, some of which relate to all federal executive authorities.
At the same time, its legal status is characterized by regulatory legal acts that empower the Federal Office for a specific competence in the control area, which it "performs in time and space, specifically, constantly and everywhere throughout the country."
As one of the main similar regulations establishing the administrative and legal status of the Ministry of Internal Affairs of Russia, the provision of it should be called, approved by the Decree of the President of the Russian Federation, which in detail the tasks, powers, rights, organization, and forms and methods of the activities of the Ministry of Internal Affairs of Russia.
The shafts of the legal status of the Ministry of Internal Affairs of Russia are:
a) the shaft nature of the activity;
b) the presence of the right to give mandatory orders;
c) the opportunity to issue regulatory legal acts, mandatory for execution not only by subordinate units (in the intra-organizational sphere), but also by citizens, enterprises, institutions and organizations (in the outer sphere);
d) accountability and control of the lower organs;
e) operational independence within the competence. More detailed legal status of the Ministry of Internal Affairs of Russia is determined by:
a) his name. For example, in some periods of time it was called the Ministry of Public Protection, which is significantly already the amount of activities;
b) its provision in the hierarchy of other subjects of state power, subordination and relationship with them. Thus, the Decree of the President of Russia "On the System and the structure of the federal executive authorities" significantly changed the legal status of the Ministry of Internal Affairs, to derive the latter from the submission of the government, establishing a leadership of its activities only by the President of Russia;
c) the procedure for formation and reorganization of the Ministry of Internal Affairs and the appointment of its leadership;
d) its goals, tasks, functions and powers;
e) forms and methods of its activities;
e) its structure;
g) the types of legal acts of the published acts, etc.
At the same time, according to the majority of scientists, the most important component of the legal status of the Ministry of Internal Affairs is its competence, i.e., a set of legally established rights and obligations (powers) implemented in the implementation of specific functions (activities).
We consider it possible in this paragraph to stop in more detail only on some elements constituting the legal status of the Ministry of Internal Affairs of Russia.
In accordance with the Regulations on the Ministry of Internal Affairs of the Russian Federation, its tasks are:
- development of a general public policy strategy in the field of internal affairs;
- Improving regulatory legal regulation in the control area;
- ensuring within their powers to protect the rights and freedoms of man and citizen;
- ensuring the protection of public order, road safety;
Organization within its authority prevention, detection, preventing, disclosure and investigation of crimes, as well as preventing and preventing administrative offenses;
- organization and implementation of state control over the turnover of weapons;
Organization in accordance with the legislation of the Russian Federation of state protection of property and organizations;
- Management of internal affairs bodies and internal troops, organization of their activities.
In accordance with the tasks, the Ministry exercises the following powers:
Based on the analysis and forecasting of the state of law enforcement, public security and migration processes, the main directions of state policy in the field of internal affairs are developing and measures measures to implement it;
Develops and presents the president and government projects of regulatory legal acts and other documents for which their decision is required on issues related to controlled areas, and also independently adopts regulatory legal acts;
Summarizes the practice of applying the legislation of the Russian Federation and analyzes the implementation of state policy in the field of internal affairs, develops measures on this basis to improve the activities of the Internal Affairs and internal troops, participates in the formation of federal targeted programs in the control area;
- determines the main directions of the activities of the ATS and internal troops and manages their activities.
In addition, the Ministry of Internal Affairs of Russia organizes and implements:
- operational investigative activities;
- production of inquiry and preliminary investigation in criminal matters;
- expert and criminalistic activities;
- search of persons and abducted property;
Control over the turnover of civil and official weapons, for the safety and technical condition of combat hand-held small arms, which is in temporary use of legal entities with special statutory tasks, as well as in compliance with the legislation on weapons;
Issuing to citizens and organizations of licenses for the purchase of weapons and cartridges to it, resolutions for storage, wearing and use of weapons, cartridges and ammunition, as well as on their transportation, transportation, import into the territory and export from the territory of the Russian Federation;
- licensing of certain types of activities;
- issuance to citizens of certificates of private guards;
Issuing permits for the purchase, storage and transportation of automotive, marine and river transport of explosive materials of industrial purpose, as well as their transit in the case of transportation by specified modes of transport;
- Control of private detective and security activities, as well as the activities of departmental protection.
Along with the listed powers of the Ministry of Internal Affairs of Russia also:
Participates in the formation and implementation of the main directions for ensuring road safety; develops and conducts measures to prevent road traffic accidents and reduce the severity of their consequences; Organizes and performs special control, supervisory and permits in the field of road safety;
Ensures the protection of particularly important and regime objects, special cargo, as well as the protection of the property of individuals and legal entities under contracts; Provides jointly with the FSB of Russia, the protection of diplomatic missions and consular institutions in Russia;
Organizes the proceedings on administrative offenses, assigned to the competence of the internal affairs bodies and internal troops;
Provides state protection of judges, officials of law enforcement and regulatory bodies, the safety of participants in criminal proceedings and their loved ones;
- develops and conducts events to improve the protection of public order;
Ensures the conduct of state dactylocopic registration and federal state statistical observations in the control area;
Participates in providing a regime of an emergency or military situation in the event of their introduction in Russia or in its individual areas, as well as in conducting events of military time and events within the Unified State System for the Prevention and Emergency Elimination Situations; participates in ensuring the execution by citizens of military duty; in work on standardization, metrology and certification;
Organizes and protects in the courts of the interests of the president, government, as well as the interests of the Ministry of Internal Affairs of Russia;
Organizes personnel provision of the system of the Ministry of Internal Affairs of Russia, training, retraining, advanced training and internship of personnel; develops and implements measures to ensure the legal and social protection of employees of the system of the Ministry of Internal Affairs of Russia; takes part in the development and implementation of measures to educate the FMS of Russia;
Develops and implements measures aimed at protecting and promoting the health of employees and members of their families;
Provides its own safety and safety in the FMS, participates in the protection of information constituting the state and other law protected by law;
Organizes logistical, military and financial support; develops and implements measures to strengthen and develop the material and technical base of ATS, internal troops and FMS;
Makes information and legal support, maintaining databases of legal information in the control area;
Organizes the reception of citizens, timely and complete consideration of oral and written appeals, making decisions on them and the direction of timely responses.
Implementing these powers, the Ministry of Internal Affairs of Russia cooperates with government and law enforcement agencies of foreign countries, as well as with foreign and international non-governmental organizations on issues related to the competence of the internal affairs bodies, participates in the preparation of international treaties and agreements, organizes their implementation on issues related to its keeping. Thus, the Ministry cooperates with the International Criminal Police Organization (Interpol), the International Technical Committee on Preventing and Fulfilling Fires, the European Economic Commission on Transport and others.
The given list of powers is not exhaustive. In addition, it is necessary to emphasize that much of the MIA listed in close cooperation with other federal executive authorities (FSB, Foreign Ministry, Ministry of Emergency Situations, Ministry of Transport, Ministry of Health, Ministry of Health and Social Development, Ministry of Education and Science, etc.).
It should be noted that the authority is one of the most dynamic elements of the legal status of the Ministry of Internal Affairs. Thus, as previously provided as an independent activity of the Ministry of Internal Affairs "Ensuring the execution of criminal penalties" in 1998 was transferred to the Ministry of Justice of Russia, and the "State Fire Guard Service" in 2001 - EMERCOM of Russia.
At the same time, the Functions on the implementation of migration policies and the fight against tax crimes were transferred to the Ministry of Internal Affairs.
Analysis of regulatory acts containing the legal status of the Ministry of Internal Affairs of Russia allows us to conclude that the ministry carries out management activities in a controlled field in two main forms: a) centralized guidance; b) direct operational management.
Centralized leadership is expressed in the management impact on all the most important issues of the activities of the internal affairs bodies.
In contrast, direct operational management is carried out by the Ministry in cases of its direct management communications with lower internal affairs bodies or individual services at all levels of the system.
Tasks and functions, i.e. The main activities, define the internal structure of the ministry, which consists of the following elements: the Ministry of Minister, the Minister, Department, Departments, Bureau, Centers and other units.
Among the structural elements, the leading role belongs to the leadership, which includes: Minister, his deputies, ministry college. The composition of the collegium is approved by the President of the Russian Federation. Members of the Board, as a rule, are Deputy Ministers, heads of departments, large services and departments of the ATS. For the present period, the total number of members of the Board is determined and amounts to 19 people.
The structure of the central office of the Ministry of Internal Affairs of Russia in accordance with the order of the Ministry of Internal Affairs of Russia dated November 10, 2004 No. 730 looks like this:
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Legal status of the Ministry of Internal Affairs of Russia as a subject of budget legal relations
Warrova Larisa Evgenievna, Ph.D., Lieutenant Colonel Militia, Doctoral student of the Department of Administrative Law. Place of work: St. Petersburg University of the Ministry of Internal Affairs of Russia.
Annotation: The current issue of a comprehensive and systemic approach to solving the main issues related to the functioning of the system of the Ministry of Internal Affairs of Russia as a subject of budgetary legal relations is considered. The legal status of the Ministry of Internal Affairs of Russia as a subject of budget legal relations is determined by the place of this federal ministry in the overall structure of the executive bodies, and its maintenance - the budget enforcement of the law enforcement of public administration.
Keywords: budget, Ministry of Internal Affairs of Russia, subject, legal relations, regulation, tasks, powers.
Legal Status of Mia of Russia AS A Subject Of Budget Relationship
Voinova Larisa Evgenyevna, Cand. SC. (ECON.), Lieutenant Colonel of Police. Doctoral Candidate Of Administrative Law Department.
PLACE OF EMPLOYMENT: ST. Petersburg University of Mia of Russia.
Contacts of the
Annotation. This article examples An Actual Problem of Complex and Systematic Approach to Solving Basic Questions Linked to Functioning of Mia System of Russia As A Subject of Budget Legal Relationship. Legal Status Of Mia Of Russia As A Subject Of Legal Budget Relationship Is Determined by The Position Of this Federal Ministry In General Structure of Executive Authorities. The CONTENT OF THE LEGAL STATUS OF MIA OF RUSSIA IS DETERMINED by The Budget Provisions of Law Enforcement Sphere of State Government. Keywords: Budget, Mia of Russia, Subject, Legal Relationship, Regulation, Objectives, AUTHORITY.
In the field of the activities of the internal affairs bodies and internal troops of the Ministry of Internal Affairs of Russia as the federal executive body performs functions on the implementation of a unified state financial policy and legal regulation of budget relations.
As a participant in budget legal relations of the Ministry of Internal Affairs of Russia, the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, the International Treaties of the Russian Federation and the Regulation of the Ministry of Internal Affairs of the Russian Federation, approved by the Presidential Decree of July 19, 2004 . № 927 "Questions of the Ministry of Internal
renny affairs of the Russian Federation "(with subsequent changes and additions) 1.
The legal status of the Ministry of Internal Affairs of Russia, as a subject of budget legal relations, is determined by the Constitution of the Russian Federation, the Law of the Russian Federation "On Militia", the Federal Law of February 6, 1997 No. 27-FZ "On the Internal Forces of the Ministry of Internal Affairs of the Russian Federation" 2 and others Legislative acts of the Ministry of Internal Affairs of Russia goals and objectives to ensure the protection of life, health, rights, freedoms and legitimate interests of citizens, property, the interests of society and the state from criminal and other unlawful encroachments.
It should be noted that these regulatory acts directly do not determine the tasks of the Ministry of Internal Affairs of Russia in the field of budgetary legal relations.
It seems that this gap in the budget status of the Ministry of Internal Affairs of Russia clearly does not contribute to the definition of budgetary powers of the Ministry and the organization of its financial and legal activities in cooperation with other federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, local governments, public associations and organizations.
But, based on the main tasks of the Ministry of Internal Affairs of the Ministry of Internal Affairs of Russia, the main tasks of the Ministry of Internal Affairs of Russia, to the tasks of the Ministry of Internal Affairs of Russia in the field of regulating budget legal relations can be attributed to:
The development of the main areas of implementation of the Unified State Financial (Budget) policy in the field of activities of the internal affairs bodies and internal troops of the Ministry of Internal Affairs of Russia;
Organization of the execution of budget legislation and improving financial and legal regulation in the field of the activities of the internal affairs bodies and internal troops of the Ministry of Internal Affairs of Russia;
Providing within its powers to protect the financial and economic rights and legitimate interests of the staff of bodies, institutions and enterprises of the Ministry of Internal Affairs of Russia, employees of the internal affairs bodies and servicemen of the internal troops of the Ministry of Internal Affairs of Russia, as well as the financial and economic rights and legitimate interests of the Ministry of Internal Affairs of Russia;
The organization and implementation of intra-industrial financial (budget) control over the execution of budgets of various levels, etc.
Naturally, in order to fulfill in front of the Ministry of Internal Affairs of Russia, tasks should, first of all, allocate allocations from the federal budget in volumes that ensure the needs of the internal affairs bodies and internal troops in financing law enforcement agencies.
Assessment of budget appointments of the Ministry of Internal Affairs of Russia in recent years characterizes mainly the social focus of the ministry's budget. The prevailing share of expenses - more than two thirds of the entire budget of the department accounts for the personal composition of the internal affairs bodies and internal troops of monetary allowances, benefits and compensation, pensions of retirees of the Ministry of Internal Affairs of Russia. Such a distribution of financial resources allows you to solve the issues of social security of employees, military personnel
1 SZ RF. 2004, No. 30, Article.3149.
2 SZ RF. 1997, No. B, Art. 711.
they are troops, pensioners and their families in priority 3.
The limited budget allocations leads to the emergence of budgetary imbalance in the acquisition of weapons and equipment, fuel, industries, repair of services, utilities, utilities, transportation, etc.; There was an acute deficit of work and technical premises, housing construction is underway for employees of the internal affairs bodies and servicemen of the internal troops.
The main feature of the legal status of the Ministry of Internal Affairs of the Russian Federation is that this federal executive authority according to Part 1 of Art. 32. "Features of the leadership of some federal executive authorities" of the Federal Constitutional Law "On the Government of the Russian Federation" is headed by the President of the Russian Federation, and the Government of the Russian Federation, as follows from
part 2 of this article in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation coordinates the activities of the Ministry of Internal Affairs of Russia.
In order to improve the effectiveness of the activities of the Ministry of Internal Affairs of Russia for the protection of human rights and freedoms and citizen and in accordance with Art. 32 of the Federal Constitutional Law by Decree of the President of the Russian Federation of July 19, 2004 N 927 (with subsequent changes and additions) "On approval of the Regulation on the Ministry of Internal Affairs of the Russian Federation" approved the Regulation on the Ministry of Internal Affairs of Russia4, which consolidated the tasks of the Ministry of Internal Affairs of Russia as the federal executive authority, The performance of the internal affairs and service activities of the internal troops of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs.
In paragraph 8. The provisions on the Ministry of Internal Affairs of Russia are enshrined by some powers of the Federal Ministry in the field of the implementation of budget legal relations, and P.P. 28 Provisions to the authority in the budget sector include:
Organization of centralized support of internal affairs bodies and internal troops combat, special and encryption equipment, weapons, ammunition and other material and technical means, as well as financial resources at the expense of the federal budget;
Development and implementation of measures to strengthen and develop the material and technical base of the internal affairs bodies and internal troops;
Participation in the organization and development of the material machinery base of the FMS of Russia.
In subparagraph 32, the provisions on the Ministry of Internal Affairs of Russia identifies the authority to provide proposals for the formation of the federal budget and funding of the FMS of Russia in the prescribed manner in the Ministry of Finance of Russia, A P.PM 36 - the implementation of the functions of the main manager of the federal budget funds,
3 Perova S.N. Financially - economic support for social security of personnel in the system of the Ministry of Internal Affairs of Russia // Economic Bulletin of the Ministry of Internal Affairs of Russia 2008. No. 3. S. 7
4 SZ RF. 2004. No. 30, Art. 3149.
provided for the maintenance of the Ministry of Internal Affairs of Russia and the implementation of functions assigned to it.
The Regulation on the Ministry of Internal Affairs of Russia enshrines the legal basis financial system Ministry of Internal Affairs of Russia, about which, as affirmed by A.A. Krylov, A.P. Oplainsky, V.V. Kazakov and E.V. Titov can be spent in two aspects: first, the financial system of the Ministry of Internal Affairs of Russia - "... This is a combination of financial funds," and secondly, "... - It is a separate part of public finances that should be considered as a tool, The mediating economic relations between the various financial authorities of the Ministry of Internal Affairs of the Russian Federation "5.
Data of reasoning do not cause fundamental objections, but with one significant amendment.
The case is that the financial system of the Ministry of Internal Affairs of Russia is, first of all, the budget system, since the Ministry of Internal Affairs of Russia as the federal executive body is almost fully funded from the federal budget.
And if we recognize that the basis of the budget system of the Ministry of Internal Affairs of Russia form finances under which the above authors believe "... economic relations arising in the process of distribution and redistribution of money incomes and savings in business entities, on the one hand, and state - On the other hand, as well as in the process of using them in industrial and budget activities, the material incentives and satisfaction of the social and other needs of a separate personality, social group and society as a whole »6, which can hardly be the basis of the financial system of the executive authority of the executive authority .
A certain range of powers in the field of budget legal relations is entrusted to the Minister of Internal Affairs of the Russian Federation. These powers are implemented by entering into the Government of the Russian Federation for the subsequent submission to the President of the Russian Federation proposals for the amount of allocations for the maintenance of employees and military personnel of the Ministry of Internal Affairs of Russia within the funds provided for these purposes in the federal budget; Proposals on the submission of the Director of the Federal Migration Service (FMS of Russia) on the Foundation for the wage and limiting number of employees, federal civil servants, employees of the FMS of Russia and its central office within the funds provided for these purposes in the federal budget (PP. 9 p. 12 of the Regulations ); And in the Ministry of Finance of Russia - proposals for the formation of the federal budget and financing of the FMS of Russia (paragraph 22 of the Regulation).
Law of the Russian Federation of April 18, 1991 No. 1026-1 "On the Militia", Art. 9 "Police of Public Security" Regulated that "The composition of the Police of Public Security, the procedure for the creation, reorganization and elimination of its divisions, as well as the number of public security police financed at the expense of the federal budget, is determined by the Government of the Russian Federation." This article also determines that "the number of militia of public security,
5 Krylov A.A., Opalsky A.P., Kazakov V.V., Titov E.V. Financial support in the Ministry of Internal Affairs of Russia: a tutorial. - M., 1998. p. 4-5.
6 ibid: pp 4
agenated at the expense of budgets of the constituent entities of the Russian Federation and local budgets is established by the relevant executive authorities of the constituent entities of the Russian Federation and local governments, "and" the creation, reorganization and liquidation of public security police units funded by the budgets of the constituent entities of the Russian Federation and local budgets, They are carried out in the manner determined by the executive authorities of the constituent entities of the Russian Federation in coordination with the Ministry of Internal Affairs of the Russian Federation. "
The law also prescribes that "the state authorities of the constituent entities of the Russian Federation and local governments are entitled to establish an additional number of public security militia units of their own budgets."
It is noteworthy that the law "On the Militia" contains a clear regulation of the procedure for financing the police. So, art. 35 "Police financing" states that "the financing of the police is carried out at the expense of the federal budget, budgets of the constituent entities of the Russian Federation, local budgets and other revenues in accordance with the legislation of the Russian Federation"; The militia divisions on railway, water and air transport are funded at the expense of the federal budget, and the divisions of the police in closed administrative and territorial entities, on particularly important and regime objects - at the expense of the federal budget, budgets of the constituent entities of the Russian Federation, local budgets.
Decree of the President of the Russian Federation of February 12, 1993 No. 209 "On the Police of Public Security (Local Police) in the Russian Federation" (with change and extra. Dated December 2, 1998) 7 found that the financing of the Police of Public Security and Contracts It is carried out at the expense of the republican budget of the Russian Federation, republican budgets in the Russian Federation, regional, regional budgets of the regional budgets and regions, the regional budget of the Autonomous Region, district budgets of autonomous districts, city budgets of Moscow and St. Petersburg cities, as well as at the expense of others Funds of local budgets and funds coming from enterprises, institutions and organizations whose facilities are protected by the militia under contracts.
It is characteristic that paragraph 2. The Declauses prohibited the executive authorities of the republics as part of the Russian Federation, the edges, regions, the autonomous region, autonomous districts, the cities of Moscow and St. Petersburg, local governments "... Using for other purposes of allocations transmitted from Republican budget of the Russian Federation to republican budgets of the republics as part of the Russian Federation, budgets of the national state and administrative and territorial formations of the Russian Federation for the content of the number of precinct police inspectors, divisions of the patrol service of the police and government traffic inspectors on the registration and examination work of the State Inspection of Road Safety Movement.
7 SAPP. 1993. No. 7, Art. 562.
Decree of the Government of the Russian Federation dated December 7, 2000 No. 926 "On the divisions of the Police of Public Security" (C None of July 26, 2001, August 10, 2005, February 22, 2006) 8 Approved the structure of the Police Security and Structure Police of public security funded at the expense of the federal budget, as well as the provision on the establishment, reorganization and liquidation of public security divisions financed by the federal budget.
In conclusion, you can draw the following conclusions:
The legal status of the Ministry of Internal Affairs of Russia as a subject of budget legal relations is determined by the place of this federal ministry in the overall structure of the executive bodies, and its maintenance - the budget enforcement of the law enforcement of public administration. A feature of the legal status of the Ministry of Internal Affairs of Russia is to apply the practice of extrabudgetary funding, which positively affects the budget provision of the internal affairs bodies.
Bibliography:
1. Golovkin N.V. The experience of Finnish colleagues // Bulletin of the Ministry of Internal Affairs of Russia. 1995. № 2.
2. Golubev V.I., Mosin I.V. Private security bureaus and security services in Germany // Bulletin of the Ministry of Internal Affairs of Russia. 1996. No. 6.
3. Cashier P.V. Some issues of management of internal affairs bodies // Strategic goals and priority tasks of the Ministry of Internal Affairs of Russia, the main directions and means of their implementation. Part 1 / materials of the interdepartmental scientific and practical conference. -M., 1996.
4. Jindzholia R.S. Unification of evaluation features when qualifying crimes against personality: monograph. - M.: Uniti, 2004.
5. Kanarikin L.F. Paid services in the internal affairs bodies // Professional. 1996. №1 (13).
6. Krylov A. A, Kazakov V. V, Opalsky A. P., Titov E.V. Financial support of the internal affairs bodies and internal troops: educational and methodological manual. -M., 1998.
7. Krylov A.A., Opalsky A.P., Kazakov V.V., Titov E.V. Financial support in the Ministry of Internal Affairs of Russia: a tutorial. - M., 1998.
8. Lukyanov V.V. Results of the Tar Department for 2008 // Economic Bulletin of the Ministry of Internal Affairs of Russia 2009. №4.
9. Lyubin V.P. European Union at the turn of the century. -M., 2000.
10. Mindagulov A.H. Control law enforcement: concept, content, types. - M: Academy of the Ministry of Internal Affairs of Russia, 1992.
11. Opalsky A.P. Financial management of divisions of the Ministry of Internal Affairs of Russia: a monograph. - M., 2003.
12. Perova S.N. Financially - economic support for social security of personnel in the system of the Ministry of Internal Affairs of Russia // Economic Bulletin of the Ministry of Internal Affairs of Russia 2008. No. 3.
13. Petrov S.M. Economy, politics, law in managing law enforcement: lecture. - M., 1991.
8 SZ RF. 2000. № 50, st.4905.
14. Chechuurov V.N. International Conference in Hungary // Bulletin of the Ministry of Internal Affairs of Russia. 1995. № 2.
15. Chuvidyaev P. Non-Profit Organizations: Creation and Activity // Economics and Life, 1995. №
16. Jacobson L.I. Non-commercial sector of the economy: problems of legal regulation // State and law. 1992. № 3.
REVIEW
Peer-reviewed work L.E. The warriors represents a serious and interesting scientific article on the current topic of budget legal relations of the Ministry of Internal Affairs of Russia. The financial and legal regulation of budgetary relations at the level of the budgetary organization is one of the main directions of the budget reform being carried out in modern Russia. The question of a comprehensive and systemic approach to solving the main issues related to the functioning of the Ministry of Internal Affairs of Russia as a subject of budget legal relations, the scientific and legal support of which in current regulatory acts to date is either missing or developed partially.
In this regard, there is a need for developing deeper ideas about the legal status of the Ministry of Internal Affairs of Russia as a subject of budget legal relations.
Special attention in research L.E. The warriors are given the structure and principles of the operation of the Ministry of Internal Affairs of Russia as a subject of budget relations. The concepts and their definitions entered by the author deserve separate attention.
colonel Militia Vinkevich N.A.
Special control entities in the area under consideration are the internal affairs bodies. The place of the latter in the system of government bodies and their specificity is determined by the concept established by the legislation, which is characterized by a set of tasks assigned to them and the management functions, as well as the amount of specific duties and the rights of one or another body of the internal affairs.
The system of internal organs business. The federal authority of the IS-Cleaning Authority, which is carried out within its full-uroine state administration in the field of protection of human rights and freedoms and citizen, law enforcement, ensure public safety and directly implementing the basic areas of the activities of the internal affairs bodies of the Russian Federation and internal troops The Ministry of Internal Affairs of Russia is the Ministry of Internal Affairs of the Russian Federation (Russian Ministry of Internal Affairs). It is headed by the system of internal affairs bodies, which includes: the Ministry of the Interior of the republics, the main management (GUVD), management (ATC) and the departments of the internal affairs of the edges, regions, cities of the federal significance, autonomous region, autonomous districts, districts, cities, districts in cities, closed administrative and territorial entities, management (linear - management, departments, departments) of internal affairs on railway, air and water transport, management (departments) on particularly important and regime objects, regional controls with organized crime. State Fire Office, Territorial Bodges of the Office of Institutions with Special Terms of Economic Affairs, District Department of Logistics and Military Supplies, Educational, Research Institutions and Other Units, Enterprises, Institutions and Organizations Created to carry out tasks, entrusted to the internal affairs bodies and internal troops.
The ministry's system also includes internal troops, consisting of districts of internal troops, compounds, military units, military educational institutions, institutions of debating internal troops, internal troops. Internal affairs bodies and internal troops make up the system of the Ministry of Internal Affairs of Russia.
Legal status of the Ministry of Internal Affairs of Russia. The ministry in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and regulations of the President of the Russian Federation, regulations and regulations of the Government of the Russian Federation, generally accepted procips and regulations of international law, international treaties of the Russian Federation. Special regulatory legal, in detail of the decisive status of the Ministry of Internal Affairs of Roshi, is the provision on it, approved by the Decree of the President of the Russian Federation of July 18, 1996.
The ministry is subject to the President of Russia on issues related to its competence by the Constitution of the Russian Federation and legislative acts of the Russian Federation, as well as the Government of Russia.
The activities of the Ministry are carried out on the basis of the principles of respect and compliance with human rights and freedoms and citizens Nina, the legality, humanism, combinations of vowels and unlawful methods and means of activity, interaction with state authorities, local governments, society associations, and also with relevant or-ghanam foreign countries.
The ministry is legal entityHe has a seal with the image of the state coat of arms of the Russian Federation and with its name. The main tasks MVD. Russia are:1) Development and adoption within their competence measures to protect the rights and freedoms of a person and a citizen, the protection of objects, regardless of the forms of ownership, public relations and public security;
2) the organization and implementation of measures to prevent and suppress crimes and administrative offenses, identifying, disclosing and investigating crimes;
3) ensuring the execution of criminal penalties;
4) the management of the internal affairs bodies and internal troops in order to fulfill the tasks assigned to them and the adoption of measures to improve their activities;
5) improving the regulatory legal framework for the activities of the internal affairs bodies and internal troops, ensuring the legality in their activities;
6) improving work with personnel, their training, ensuring the legal and social security of employees and servicemen of the ministry;
7) Development and strengthening the material and technical base of the internal affairs bodies and internal troops.
In accordance with the following tasks The Ministry of Internal Affairs of Russia implements, in particular, the following functions:
1) defines the main activities of the internal affairs bodies and internal troops on the protection of human rights and freedoms and citizen, the protection of objects, regardless of the forms of ownership; participates in the development and implementation of federal targeted programs in the field of crime fighting;
2) organizes and directly carries out operational-search and expert and forensic activities, the production of inquiry and preliminary investigation on criminal cases, assigned to the competence of the internal affairs bodies; ensures the implementation of measures to prevent, detect, curb crimes, conducting inspections and audits of the F-NANS-economic activities of enterprises, institutions and organizations, regardless of the forms of ownership;
3) ensures the fulfillment of criminal penalties and administrative recovers, decisions of courts on the forced treatment of chronic alcoholics and drug addicts, the content of suspects, accused, defendants and convicts, which are in custody, as well as their protection, staging and con-warning;
4) ensures the protection of important state objects, especially important and regime objects, property of legal and individuals under contracts, assists the attitudes, institutions and organizations regardless of ownership of property in developing measures to ensure their property security, as well as the personal security of their employees;
5) organizes the activities of the internal affairs bodies (cancellation) of special permits (licenses) to engage in activities, production, work (services) to be licensed in the ministry system, as well as to monitor the implementation of these activities, industries, works (services);
6) * manages the State Automotive Inspection; Organizes the accounting of road accidents and in its competence, takes measures to prevent them; participates in the development of rules, standards and other standards in ensuring road safety; It is organized by the work associated with the admission of automobiles and trailers to them, as well as drivers to participate in road traffic;
7) leads the state fire service, organizes work to prevent fires and their extinguishing, and also coordinates the activities of other types of fire protection;
8) Organizes the activities of the internal affairs bodies associated with the issues of citizenship of the Russian Federation, freedom of movement, the choice of the place of stay and residence within Russia, departure from Russia and entry into its territory, the legal status foreign citizens and stateless persons in the Russian Federation;
9) exercises direct leadership of internal troops, as well as internal affairs bodies that deployed on the territories of the CIS member states, the territories of the CIS member states, and the internal affairs of the internal affairs, internal affairs bodies on closed administrative and territorial entities. and internal affairs bodies on particularly important and registered objects, regional offices in combating organized crime, territorial bodies of management, institutions with special conditions of economic activity, district management and military supply management, enterprises, and organization - subordinate to the ministry; Manages special purpose militia, special rapid reactors, special details;
10) Participates in ensuring the legal regime of an extreme or military situation in the event of their introduction in Russia or in its separate areas, in the implementation of the MMERCO-RINGIITIES OF THE UNIPT SYSTEM OF WARNING AND EMERGENCY OF EMERGENCY SITUATIONS, as well as in quarantine events during epidemics and Epizooty.
The Ministry of Internal Affairs of Russia carries out intorganization functions: develops standard number and costs for the content of the internal affairs; Organizes special and military carriage; manages educational and scientific research institutions; performs measures to ensure "protection of life, health, honor, dignity and property of employees and military personnel of the ministry system; Organizes" by agreement from. Federal Security Service of the Russian Federation, a system for ensuring own security; Establishment of personnel support and social protection of employees of the ministry system and others. "The structure of the Ministry of Internal Affairs Russia. The structure of the ministry is: the management of the ministry, the main headquarters, the main management, management and departments carrying out the relevant functions of the ministry, the main management of the commander of the internal troops. Investigation Committee and other services -and divisions.
The ministry is headed by the Minister of Internal Affairs of the Russian Federation. The Minister, the first deputy ministers, the minister's pre-satellites are appointed and exempt from office by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation.
The powers of the Minister of Internal Affairs of the Russian Federation. The Minister is personally responsible for the accomplishments of the tasks assigned to the ministry subordinate to him internal affairs bodies and internal troops; organizes the work of the ministry, leads the activities of the internal affairs bodies and internal troops; establishes the powers of its substitution and distributes the responsibilities between them, establishing the powers of other officials of the ministry system; Approves the staff schedule of the central office of mini-spins, the provisions on the main departments, and other structural units of the central office, as well as the subordinate to the Ministry of Employments, the Typical Regulations on the Ministries of Internal Affairs, the main charges, the departments of the internal affairs of the constituent entities of the Russian Federation.
The minister mines compulsory for execution in the system of the Ministry of Orders, provisions, instructions, instructions, rules, charters and other regulations, provides orders, including jointly or as agreed with the heads of government bodies of the Russian Federation, organizes their execution. He also publishes mandatory executive authorities within its powers in the prescribed manner, the authorities of the executive authorities of the Federation, local governments, enterprises, institutions, or-nizations, regardless of property forms, public associations, officials and Citizens, regulatory legal acts, approve of standards, but ^ we and the rules on issues related to the legislation of the Russian Federation to the competence of the ministry.
The Minister of Internal Affairs of the Russian Federation repeals the orders of the Ministry of Internal Affairs of the Russian Federation, published by the heads of bodies, subractions and institutions of the ministry system, commander of the internal troops and its deputies, as well as orders and orders of the Ministers of the Interior, Chiefs of Main
offices, departments of the internal affairs of the constituent entities of the Russian Federation.
In accordance with the legislation, the minister assigns the first special ranks of the middle and senior principle of the internal affairs bodies, primary officer military ranks, as well as special titles to colonel militia, colonel of the internal service, colonel of justi and military ranks to the colonel (captain of the first rank ) inclusive, makes ideas about the assignment of higher special and higher military ranks.
The Minister represents the Ministry of Internal Affairs of Russia in relations with the authorities of the Government of the Russian Federation, the enterprises, the institutions and organizations of the Russian Federation and foreign countries in Russia, leads within its authority negotiations and in the prescribed manner under-writers international treaties, agreements and protocols on cooperation and cooperation on issues related to the competence of the ministry; Exercises other powers in accordance with the legislation of the Russian Federation.
The ministry is formed a board, which is a minister (chairman of the board), its first deputies and deputies, as well as senior staff and servicemen of the ministry. Members of the Board, except for persons in its position, are approved by the Government of the Russian Federation. The college at its meetings will consider the most important issues of the activities of the internal affairs bodies and internal troops. The collegiates of the board are accepted by a majority of its members of its members, are issued by protocols and are carried out to the orders of the Minister.
The legal status of the internal affairs of the subjects of the Ros-Syan Federation - the Ministry of Internal Affairs of the Republics, the Central Internal Affairs Directorate, the Department of Internal Affairs of the Regions, Oblas, the cities of the federal significance and autonomous districts. The legal status of the internal affairs of the subjects of the Federation is determined by the legislation of the Russian Federation and the laws of the subjects of the Federation, as well as in detail the regulations, the provisions about them. In addition, in its activities, the internal affairs bodies of the subjects of the Federation are guided by orders and other legal acts of the Ministry of Internal Affairs of Russia.
The tasks and functions of the Ministry of Internal Affairs, the GUVD, ATC are largely similar to the tasks and functions carried out by the Ministry of Internal Affairs of Russia. At the same time, the scale, nature of the activity and the volume of the powers of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the ATC of the subjects of the Federation have their own characteristics. These internal affairs bodies are carried out, respectively, within the republic, the region, the region, the city of federal significance, the autonomous district. They provide in the life of a nationwide policy in the field of internal affairs, the strategic line of the Ministry of Internal Affairs of Russia and its installation decisions in the field of public order protection, providing public security, prevention and pre-sections of crimes and administrative offenses, given the socio-economic, national, demographics , geographical and other features of the relevant subjects of the Federation. Taking into account the acts of the legislative and executive power of the subjects of the Federation, acts of the Ministry of Internal Affairs of Russia and the integrated assessment of the operational situation in the republic, the region, region, the city, the district, they produce managerial solutions for the lower links of the internal affairs bodies.
In his submission of the Ministry of Internal Affairs, the Central Internal Affairs Directorate of the Federation of Federations, organs, divisions, services and directly lead the activities of the departments of the internal affairs of the Goro-da (district, district in the city).
The structure of the internal affairs of the subjects of the Federation is similar to the structure of the Ministry of Internal Affairs of Russia. However, the inner structure of the devices of these bodies has differences and features that are predetermined by the need to account for national and other factors. The Ministry of Internal Affairs of the Republic is headed by the Minister, GUVD, ATC - the boss. Their appointment is made in the set-novel order. The leaders of the Ministry of Internal Affairs, the GUVD, ATC have deputies. For collegial discussion and solving important issues of services of services and units in the Ministry of Internal Affairs, the GUVD, the Department of Internal Affairs is formed.
The structural units of the internal affairs bodies under consideration are the headquarters, services (divisions) of the Cry-Minal militia, the police of public security, sub-separation of the traffic police, the State Fire Service, the execution service of criminal penalties, etc.
The Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Department of Internal Affairs of the Federation are legal entities who have current settlement and other accounts in banks.
Legal regulation of the departments of the internal affairs of the city (district, district in the city) - RUVD, ROVD, Gorriorgana. The legal status of the internal affairs gorrhivorgans is determined by the legislation of the Russian Federation, laws and other legal acts of the subjects of the Federation. In its activities, Gorprhorgana is also guided by acts of local governments, published within their competence, normative acts of the Ministry of Internal Affairs of Russia, the Ministry of Internal Affairs of the Republics, the Central Internal Affairs Directorate, the Department of Internal . Gorzorgangan is a legal entity that has a current account in the bank.
The tasks and functions of the Gorrhivorgans are similar to the tasks and functions of the Ministry of Internal Affairs of the republics, the GUVD, the Department of Internal Affairs, the regions, autonomous districts. At the same time, they directly ensure the protection of the personality, its rights and freedoms from unlawful encroachments; Protected public order, ensure careful safety; warn, stop, reveal and investigate crimes and administrative offenses; Within the limits of their rights and entrusted duties, assistance to officials, bodies, enterprises, agencies, institutions and organizations in the implementation of their legal activities, if they are opposed or threatened danger.
The structure of the Gorrhivorganov of the internal affairs. Gorriorgangan Waving to the head, who is appointed to the post and is raised from office by the Minister of Internal Affairs of the Republic, the head of the Central Internal Affairs Directorate, the Department of Internal Affairs in coordination with local governments. The boss has substituents, which are manifolding by the divisions of the criminal militia, the militia of society and others. The structural divisions of Gorrhivorganov are departments (branches) or group of staff of operational-search and other divisions, criminal police services, public security police, traffic police, Division of the State Fire Service, passport and visa service, the investigative apparatus, etc.
Types of activity of internal affairs bodies. The internal affairs bodies and functions are implemented by the following activities: administrative, operational-search, criminal procedural, criminal execution.
Administrative activities - This is the most capacious type of activity. The content of this activity is OK-Rana Public Order and ensuring public safety; Implementation of licensing and permits, i.e. issuing permits (licenses) for the purchase, storage, wearing and transportation of firearms, to open and fun-riding objects where it appeals, issuing licenses for the creation of private detective and security services and control over the objects of the permits; ensuring the safety of upgrade; The implementation of the passport and visa activity, i.e. issuance of passport citizens, registration of documents certifying the personality, monitoring compliance with citizens and officials of passport rules, legislation on freedom of movements, immigration rules, the rules of residence in Russia of foreign citizens and stateless persons; Protection of ownership under contracts.
Operational search activities - The type of activity carried out vowelno and the unlawfully operational subdivisions of the internal affairs bodies in accordance with the law of the Russian Federation of July 5, 1995 "On operational-investigative activities". This activity is to carry out operating-search activities in order to protect life, health, human rights and freedoms and citizen, property, security of society and states from criminal encroachments. It is aimed at preventing, detection, suppression and disclosure of crimes, the search for persons hiding from the bodies of the inquiry, investigators and court evading criminal punishment, as well as persons missing. Opera-search activities are mainly carried out by the division of the criminal militia.
Criminal procedure It consists in the production of inquiry and investigators by the internal affairs bodies. It is carried out by investigative apparatus, police services, as well as a state fire service. In the implementation of these activities, the internal affairs bodies are guided by criminal and criminal procedure legislation.
Criminalist lies in the IS-completeness of criminal penalties in the form of imprisonment, as well as an exceptional punishment; Ensuring the row and legality in institutions that perform criminal penalties, the security of convicts contained in them and personnel working in institutions acting by punctures, as well as officials and citizens located in the territories of these institutions; Attracting convicts to Tru-Do and others. The tasks, functions and powers of the internal affairs bodies, carrying out punishment, are defined in the end of the Russian Federation of July 21, 1993. "On the institution and bodies performing criminal punishments in the form of imprisonment "And the Criminal Executive Code of the Ros-Syan Federation.
The internal affairs bodies are carried out in cooperation with other state authorities, local governments, public unison, labor collectives and citizens.
The Ministry of Internal Affairs in Russia was formed by the Manifesto of Alexander I of September 8, 1802. "On the establishment of ministries".
In accordance with the Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and the structure of the federal executive authorities" of the Ministry of Internal Affairs of Russia represents one of their organizational and legal forms systems federal executive bodies along with federal services and federal agencies.
The Ministry of Internal Affairs of the Russian Federation (Ministry of Internal Affairs of Russia) is the federal executive body carrying out functions to develop and implement state policies and regulatory management in the field of internal affairs. As it follows from the definition of the Ministry of Internal Affairs of Russia, its appointment as an executive body, including the police included in its system, is not only the realization of the law enforcement function of the state, and the implementation of state policies in the field of state internal affairs. If the internal affairs bodies generally carry out functions on the development of public policy in the established field of activity, the police within their powers (tasks, functions, rights and obligations) using the existing legal instruments, participates in the implementation of public policy in the field of internal affairs of the state. And immediate implementation public Policy In the field of internal affairs of the state is entrusted to the police.
The main tasks of the Ministry of Internal Affairs of Russia are:
- development and implementation of state policies in the field of internal affairs;
- regulatory legal regulation in the field of internal affairs;
- ensuring the protection of life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, individuals without citizenship, the opposition of crime, the protection of public order and property, providing public security;
- management of the internal affairs bodies of the Russian Federation and the internal troops of the Ministry of Internal Affairs of Russia;
- ensuring the social and legal protection of employees of the internal affairs bodies, servicemen of the internal troops, federal state civil servants of the Ministry of Internal Affairs of Russia, as well as citizens dismissed from the service in the internal affairs bodies and from military service, members of their families.
To implement these tasks, the internal affairs bodies represented by the Ministry of Internal Affairs of Russia are endowed by a number of powers. In the first place among is a group of powers to manage the entire system of the Ministry of Internal Affairs of Russia and the internal affairs bodies. So, the Ministry of Internal Affairs of Russia:
- forms on the basis of the analysis and prediction of the state of crime, the protection of public order and property, as well as providing public security, the main directions of state policy in the field of internal affairs;
- develops and measures measures to implement state policies in the field of internal affairs;
- carries out departmental rules;
- determines the main activities of the internal affairs bodies and internal troops;
- summarizes the practice of applying the legislation of the Russian Federation in the field of internal affairs, develops measures on this basis to improve the activities of the internal affairs bodies and internal troops;
- ensures the development and implementation of government programs in the field of internal affairs;
- prepares on behalf of the President of the Russian Federation and the Government of the Russian Federation, projects of feedback and conclusions on draft legislative and other regulatory legal acts of the Russian Federation.
Realizing the main law enforcement functions, the Ministry of Internal Affairs of Russia is carried out in accordance with the legislation of the Russian Federation following powers:
- develops and accepts, within its competence, measures to prevent crimes and administrative offenses, to identify and eliminate the causes and conditions that contribute to their commitment;
- organizes and conducts measures to ensure the safety of citizens and law enforcement in public places;
- organizes and carries out in accordance with the legislation of the Russian Federation, operational-search activities;
- organizes and is investigating persons and abducted property, as well as the activities to establish property to be confiscated;
- organizes and exercises inquiry and the production of preliminary investigation in criminal matters;
- reveals, warns, stops, reveals and investigating grave and especially serious crimes;
- Takes in accordance with the Federal Law, measures aimed at identifying, preventing and preventing extremist activities;
- ensures the participation of internal affairs bodies and internal troops in counter-terrorism activities;
- organizes and carries out expert and criminalistic activities;
- Organizes and monitors the turnover of weapons;
- organizes and monitors in the field of private detective (detective) and security activities, control of departmental protection activities;
- organizes and monitors the activities of people's team;
- carries out in accordance with the legislation of the Russian Federation control over ensuring the safety of the fuel and energy complex facilities;
- participates in the formation and implementation of the main directions for ensuring road safety in the Russian Federation;
- organizes the protection of particularly important and regime objects, important state objects and special cargoes, objects.
Also, the Ministry of Internal Affairs of Russia carries out the following external powers in accordance with the legislation of the Russian Federation:
- ensures state protection of victims, witnesses and other participants in criminal proceedings, judges, prosecutors, investigators, law enforcement officials, as well as other protected persons;
- organizes the proceedings on administrative offenses, which are related to the competence of the internal affairs bodies and internal troops;
- organizes and licensing certain types of activities;
- organizes the contents of the internal affairs authorities of detainees and (or) enclosed persons who are in the insulators of the temporary content of suspected and accused internal affairs bodies, as well as persons subjected to administrative punishment as administrative arrest, their protection and conservation;
- organizes the participation of internal affairs bodies in the implementation of control (supervision) for observing persons released from the places of deprivation of freedom established for them by the court in accordance with the federal law of prohibitions and restrictions, as well as in monitoring the behavior of convicts, which are not self-associated with imprisonment, or punishment in the form of imprisonment conditionally;
- organizes the conduct of state dactylocopic registration and state genomic registration;
- ensures the participation of internal affairs bodies in the performance of duties assigned to them during election campaigns, in the preparation and conduct of referendums;
- participates in the development of measures to ensure aviation security in the field of civil aviation;
- Provides together with the FMS of Russia, the interaction of internal affairs bodies with the territorial bodies of the Federal FMS of Russia;
- ensures the planning of the activities of the internal affairs bodies and internal troops, and also carries out their inspection and control of their activities;
- organizes the service and combat activity of internal troops in peaceful and wartime, supports internal troops in constant combat and mobilization readiness;
- participates in ensuring the regime of the military situation and the state of emergency;
- organizes and provides mobilization preparation and mobilization in the system of the Ministry of Internal Affairs of Russia;
- ensures the implementation of civil defense measures, increasing the sustainability of the work of the internal affairs bodies and internal troops in military time and in case of emergency situations in peacetime;
- participates in the organization of territorial defense of the Russian Federation;
- organizes special and military transport within the Russian Federation in the interests of the internal affairs bodies and internal troops;
- ensures the decision of the President of the Russian Federation, the participation of employees of the internal affairs bodies and servicemen of the internal troops, federal state civil servants of the Ministry of Internal Affairs of Russia in the activities of maintaining or restoring international peace and security;
- Organizes and regularly informing the state authorities of the constituent entities of the Russian Federation, local governments, citizens about their activities, provides reports of officials of the internal affairs bodies in front of legislative (representative) bodies of state authorities of the constituent entities of the Russian Federation, representative bodies municipalities and before citizens;
- Organizes and provides the provision in accordance with the legislation of the Russian Federation information about its activities mass media;
- organizes constant monitoring of public opinion on the activities of the internal affairs bodies and organizations of the Ministry of Internal Affairs of Russia, as well as monitoring the interaction of the police with civil society institutions;
- Creates information banks (databases) data, ensures their maintenance and operation, as well as the provision of information contained in them to the authorities of state power and management, local governments, organizations and citizens;
- ensures the conduct of federal state statistical observations in the field of internal affairs.
Also, the Ministry of Internal Affairs of Russia carry out a number providing authority. These include:
- recruitment of the system of the Ministry of Internal Affairs of Russia;
- organization and implementation of the accounting of military-beacon officers of the internal affairs bodies, federal state civil servants and employees of the Ministry of Internal Affairs of Russia;
- control over the legality of decisions and actions of officials of the Ministry of Internal Affairs of Russia, compliance with the legality in the exercise by employees of the internal affairs bodies of operational and service activities and servicemen of the internal troops of official-combat activities, maintaining the official discipline of employees of the internal affairs bodies and servicemen of the internal troops; organizes educational, psychological, social, cultural and educational work with the personnel of the internal affairs bodies and internal troops;
- execution of the legislation of the Russian Federation on countering corruption in the system of the Ministry of Internal Affairs of Russia;
- ensures in the system of the Ministry of Internal Affairs of Russia its own security and protection of information constituting the state and other securely protected by law;
- strengthening and developing the material and technical base of the internal affairs bodies and internal troops;
- the introduction of achievements of science, technology and positive experience in the activities of the internal affairs bodies and internal troops;
- information and legal support of the activities of internal affairs bodies and internal troops, maintaining databases of legal information in the field of internal affairs;
- ensuring the federal state sanitary-epidemiological supervision at the facilities of the system of the Ministry of Internal Affairs of Russia;
- organization of reception of citizens, timely and complete consideration of their appeals;
- performs the functions of the main manager of the federal budget funds provided for in the content of the Ministry of Internal Affairs of Russia and the implementation of the tasks assigned to it, is the recipient of the federal budget funds, as well as the chief administrator (administrator) of the budget revenues of the budget system of the Russian Federation in accordance with the legislation of the Russian Federation;
- Development and implementation of measures to ensure the legal and social protection of employees of the internal affairs bodies, servicemen of the internal troops, federal state civil servants and employees of the Ministry of Internal Affairs of Russia.
The Ministry of Internal Affairs of Russia in order to implement its authority has the right:
- request and receive in the prescribed manner of authorities and management, public associations, organizations, officials of these bodies and organizations, as well as citizens documents, reference and other materials necessary for making decisions on issues related to the field of internal affairs;
- suspend or limit during emergency situations to use any communication networks and communications, as well as implement the right to prioritize these communication networks and communications;
- use the capabilities of the federal executive bodies, state authorities of the constituent entities of the Russian Federation, other state bodies, local governments, public associations, as well as organizations;
- to attract in the prescribed manner to develop decisions on issues related to the field of internal affairs, scientific and other organizations, public associations, scientists and specialists, including on a contractual basis;
- organize and carry out public expertise projects federal laws and other regulatory legal acts of the Russian Federation on issues related to the field of internal affairs;
- carry out the functions of the state customer and organize capital construction, reconstruction, the current and overhaul of the objects of the system of the Ministry of Internal Affairs of Russia, as well as housing construction;
- to manage and dispose of the housing fund enshrined on the right of operational management for the Ministry of Internal Affairs of Russia, in accordance with its appointment, have a specialized housing fund;
- to form and lead in accordance with the legislation of the Russian Federation federal accounting, database of operational-reference, search, forensic, statistical and other information, as well as enjoy in accordance with the established procedure by federal accounts, databases in this area of \u200b\u200bother federal executive bodies;
- to interact with the competent authorities of foreign countries and international organizations in the field of internal affairs;
- establish printed and electronic media to cover the activities of internal affairs and internal troops, publishing regulatory legal acts, official announcements, the placement of other materials on issues related to the field of internal affairs;
- carry out at the request of the media, the accreditation of journalists to cover the activities of the internal affairs bodies and internal troops;
- establishment of departmental signs of differences, including medals and breastplates, as well as honorary certificates of the Ministry of Internal Affairs of Russia;
- to form coordination, advisory, expert and deliberative bodies, including interdepartmental, in the field of internal affairs;
- Use information systems in their activities, communication systems and data transmission systems, as well as modern information and telecommunication infrastructure, etc.
The Ministry of Internal Affairs of Russia, like any federal ministry, is the unique body of government. The ministry is headed by the Minister of Internal Affairs of the Russian Federation (hereinafter referred to as the Minister) appointed by the President of the Russian Federation on the submission of the President of the Russian Federation. The Minister is personally responsible for fulfilling the tasks and the implementation of the powers assigned to the Ministry of Internal Affairs of Russia and for the implementation of public policy in the field of internal affairs.
The Minister has deputies appointed and exempted from office by the President of the Russian Federation on the submission of the Chairman of the Government of the Russian Federation.
The Ministry of Internal Affairs of Russia forms a collegium as part of the Minister (Chairman of the Board), Deputy Ministers, Head of the Main Directorate of the Ministry of Internal Affairs of Russia in the North Caucasus Federal District, which are part of the post, as well as other employees of the internal affairs bodies, servicemen of the internal troops, federal state civil servants and employees of the Ministry of Internal Affairs of Russia. The composition of the Collegium of the Ministry of Internal Affairs of Russia (except for those belonging to her by office) is approved by the President of the Russian Federation.
The Ministry of Internal Affairs of Russia is a legal entity, has a stamp with the image of the state coat of arms of the Russian Federation and with its name, other seals, stamps, forms of the established sample and account, including currency discovered in accordance with the legislation of the Russian Federation.
The structure of the central office of the Ministry of Internal Affairs of Russia is formed:
1. Minister of Internal Affairs of the Russian Federation.
2. First Deputy Minister of Internal Affairs of the Russian Federation.
3. First Deputy Minister of Internal Affairs of the Russian Federation - Commander-in-Chief of the Internal Troops of the Ministry of Internal Affairs of the Russian Federation.
4. Stat-Secretary - Deputy Minister of Internal Affairs of the Russian Federation.
5. Deputy Ministers of the Internal Affairs of the Russian Federation.
6. The main command of the internal troops.
7. Investigation Department.
8. Head of private security.
9. Main Management of Road Safety.
10. Main Department for the Protection of Public Order and Coordination of Interaction with the Executive Authorities of the constituent entities of the Russian Federation.
11. The Main Department of Countering Extremism.
12. Main security management.
13. Main transport on transport.
14. Head of the criminal investigation department.
15. Main Department of Economic Security and Countering Corruption.
16. Department of public service and personnel.
17. Department of office work and work with the appeals of citizens and organizations.
18. Department of Information Technologies, Communication and Information Protection.
19. Department of Material and Medical Provision.
20. Department of Financial and Economic Policy and Social Guarantees.
21. The Rental Department.
22. Organizational and analytical department.
23. National Central Bureau of Interpol.
24. Control and audit management.
25. Operational management.
26. Organizational and staff management.
27. Management on cooperation with civil society institutions and media.
28. Office to ensure the safety of persons subject to state protection.
29. Management to ensure the activities of specialized departments and aviation.
30. Office for the safety of major international and mass sports events.
31. Management of operational-search information.
32. Management on the organization of inquiry.
33. Office for the organization of licensed permits.
The units specified in paragraphs 8-15, 23, 25, 28-33 of the specified structure are police units.