Improving the legal status of a police officer. Legal status of the police as a public authority
Introduction
CHAPTER 1. Legal status as a legal category 16
1.1. Legal status: concept, structure, types 16
1.2. Legal status of government bodies 32
CHAPTER 2. Legal status of the police: concept, evolution, structure 46
2.1. Evolution of the legal status of the police 46
2.2. Modern legal status of the police: concept and structure 67
2.3. Elements of the legal status of the police 88
2.3.1. Responsibilities and rights of the police 88
2.3.2. Liability and other restrictions regarding the police 115
CHAPTER 3. Ways to improve the legal status of the police: domestic and foreign experience 134
Conclusion 168
Bibliography
Legal status of government bodies
The subject of scientific research is traditionally the legal status of the individual (person, individual). However, it is necessary to remember that status is a category that characterizes not only individual, but also collective subjects of law: it is possessed by legal entities, the state, authorities, public associations, the people as a whole, etc. Yes, in the Constitution Russian Federation the term “status” is used in relation not only to an individual, but also in relation to the subjects of the Federation (for example, “The status of a subject of the Russian Federation can be changed by mutual consent of the Russian Federation and the subject of the Russian Federation in accordance with the federal constitutional law” (clause 5 of Art. .66)).
Historically, it was the legal status of individuals, and not their associations, that began to be studied in science and also received legislative regulation. However, over time, the fact was realized that the legal status of various types of collective subjects of law requires independent study. IN Lately Significant progress has been made in this direction; more and more works are appearing in the literature devoted to the legal status of individual collective subjects1.
One of the most common types of collective subjects are public authorities, the very essence, nature and purpose of which requires detailed regulation by the legislator of their legal status. Characterization of the legal status of this type of subjects is impossible without understanding the concept that forms its “core” civil service. Russian legal thought is characterized by the interpretation of the essence of public service as a kind of service, the fulfillment of public duty. So, back in the 19th century. N. Nelidov considered public service an activity for the benefit of the state, carried out by an individual in order to achieve socially important goals under special instructions emanating from a superior entity either directly or through another person1.
Proponents of this approach believe that the administrative apparatus is an instrument of government bodies that were elected and controlled by the people2. A state civil servant, according to this position, should serve not a person, not society, but the state represented by its bodies, formed by the people expressing their will as a result of elections, or in another legal way3. G.V. Atamanchuk noted that “for a long time in Russia, the word (term, concept) “service” was understood as a relationship, connection, obligation of duty, fidelity, devotion, readiness to do a job, provide a service, protect interests”4. There is also an opposite approach, according to which public service is interpreted as activity exclusively on a professional official basis to ensure the powers of other subjects of law5. A.V. Obolonsky believes that it is necessary to reconsider the “eternal Russian tradition” of the prevalence of the state and its interests over society and its needs. Moreover, the civil service should not be identical to the service of the “sovereign”; Russia needs to come to a truly civil service, meaning the responsibility of the employee to society, which actually finances his activities1.
The specific features of the civil service are:
1) Publicity, based on the fact that public service is carried out for socially significant purposes, to meet social needs and achieve the common good.
2) Focus on performing the functions of the state. At first glance, it seems that the functions of the state are carried out not by civil servants, but by government bodies, which they form, however, and in this we agree with S.E. Chanov, a very significant list of civil servants has the opportunity (and responsibility at the same time) to implement the functions of the state. However, not all civil servants are endowed with such a right and obligation. The main task of the activities of a fairly large part of employees is not the direct implementation of state functions, but ensuring (in a variety of aspects) the activities of another part of it, which is engaged in the direct implementation of state functions.
3) The external authority nature of official activities, which predetermines the permissibility of civil servants to independently carry out legally significant actions, as well as make decisions of a generally binding nature for an indefinite number of persons (however, not all civil servants are vested with external authority powers.
Modern legal status of the police: concept and structure
On the one hand, in the scientific literature there are quite enthusiastic reviews of the new law. So, according to V.V. Chernikov, “it (the law) is a truly revolutionary step that marked the beginning of the transformation, we must honestly admit, of the bureaucratic police into the police. It is from the date of its entry into force that the countdown begins and the biography of the new Russian police is written...”1. He is supported by S.P. Bulavin: “It can be noted that the Police Law is, without exaggeration, an epoch-making event in the development of not only police legislation in Russia, but also for its entire legal system. It is fundamental for organizing practical work to protect the rights and freedoms of citizens, combating crime, protecting property, ensuring public order and security in the country, answering the questions of who will do this, on what principles, by what methods and under what conditions"2 .
On the other hand, the Law “On the Police” as a normative legal act reflecting the essence of the reform of internal affairs bodies, caused very critical judgments. “This is some kind of strange reform, not much like a reform... Fundamental issues of reforming the Ministry of Internal Affairs are not being resolved there. Where is the concept of reform itself: what to reform, in the name of what and why?”3.
Public opinion is inclined to believe that the adoption of the Law “On the Police” is just a “smart move” that makes it possible to create the appearance of reforming the Ministry of Internal Affairs, but avoiding a complete restructuring of the old mechanism. There are quite harsh statements, the essence of which boils down to the following: adopted Law“On the Police” is just a “declaration of intent”, empty demagoguery, “a set of beautiful words”, which in reality only gives the police a free hand and significantly increases the number of their rights and powers4.
As First Deputy Chairman of the State Duma Committee on Security M. Grishankov notes, “there are few fundamental changes in the law... to a greater extent, it is the preservation of the old system. The bill, which was prepared within the Ministry of Internal Affairs, reflects the position of the Ministry of Internal Affairs itself.”1 S.I. is also critical. Balabkin: “There is no determination in carrying out reforms, the goals and intentions of which are not themselves properly formulated and are not interconnected) - power structures act primarily in response to the indignation of the population and trying to reduce the significant financial costs of maintaining the functioning of the Ministry of Internal Affairs system”2.
The main goal of the reform of the Ministry of Internal Affairs is to achieve a socially acceptable quality of execution by the state of law enforcement and, in particular, “police” functions. At the same time, changes in the status and order of work of the police must not only be proclaimed, but also actually implemented.
However, with all the diversity of points of view on the essence and significance of the normative legal act under consideration, one cannot help but admit that the Law “On Police” contains a number of innovative ideas that embody modern political and legislative realities that predetermine further development status legislation on law enforcement agencies and special services.
Analyzing the Law “On the Police”, one can see that the rules establishing the key aspects of the legal status of a police officer are concentrated in Chapter 6. This is a significant difference between the new law and the Law “On the Police”, where the provisions revealing the legal status of a police officer were dispersed across different sections.
Three articles are fundamentally new compared to the Law “On the Police”: Art. 27 “Basic duties of a police officer”, Art. 28 “Basic rights of a police officer” and Art. 29 “Restrictions, obligations and prohibitions associated with service in the police.” The provisions enshrined in these articles form the regulatory basis for the new status of a police officer. As noted by S.P. Bulavin and V.V. Chernikov, at one time their absence in the law greatly hampered the completeness and accuracy of perception of the legal status of a police officer in the public service system and gave rise to problems in law enforcement1. A study of the regulatory requirements of the Law “On the Police” allows us to conclude that almost all the rights and responsibilities of the police are finally regulated officially, at the level of law, and in sufficient detail; moreover, clear legal prerequisites and conditions for their implementation have been established2.
The significance of the Law “On Police” lies not only in its content, but also in the adoption procedure. The Law “On the Police” became the first regulatory legal act to be discussed nationwide. The draft Law was posted on the Internet and received more than 20,000 responses and comments. The procedure of the online forum, as well as the number of citizens who took part in the discussion, ensured an adequate reflection of public opinion regarding the project, contributed to its legitimation and improvement of its quality in general. Based on the results of the discussions, most of the articles of the bill were subject to some amendments.
Responsibilities and rights of the police
“Rights and obligations” can with a certain degree of confidence be called one of the most “popular”, “in demand” legal constructions. The relationship of this pair of concepts is most fully characterized by the term “unity”, meaning their interconnection, interdependence, interdependence and interaction - in other words, the actual impossibility of existing without each other. The universality of the principle under consideration made it possible to elevate the unity of rights and obligations to the rank of a principle of law1.
The principle of unity of rights and duties is constitutive for the legal status of the police, which is fully subject to all the features characterizing the status of the bodies executive power.
The peculiarity of state bodies and their officials as subjects of law lies in the merging of their rights and obligations. The opportunities provided to them in relation to other persons (citizens) simultaneously act as obligations (responsibilities) to the state and society. This feature is noted by D.N. Bachrakh, believing that the very consideration of the rights and obligations of such special subjects, as civil servants, can only be carried out in their unity, mutual connection, mutual conditionality2.
An explanation for this phenomenon can be found in philosophy. Subjective law contains in its essence the concept of possibility, legal obligation - the concept of necessity, which also form a logical-philosophical pair. The individual’s desire to satisfy his needs and interests as fully as possible comes into conflict with the fact of the existence of objective necessity. This contradiction, in turn, gives rise to dialectical unity1. Possibility and necessity are not separated from each other by a “high wall”: the first, limited by strict boundaries, nevertheless contains certain possibilities2.
From the perspective of administrative law, the unity (in the sense of a merger) of rights and obligations in the field of law enforcement is due to the fact that officials of the relevant state bodies carry out the functions assigned to them, which is their responsibility, and are responsible for their actions (inaction) to higher authorities, state and society3.
However, the fact that the rights and responsibilities of the police are inextricably unified does not mean that they are identical in their legislative recognition. Equality of legal subjects does not always occur. If we consider the relations of citizens with each other, then there is initial equality in opportunities and guarantees for their implementation and protection. But if we analyze the relationship between citizens and the state, the situation is completely different. When confronted with government agencies and officials, the individual always turns out to be the “weaker”. The need to protect human rights in his relations with government agencies predetermined the establishment of special principles for regulating their activities. The main one among them is “only what is expressly permitted is permitted.”
The principle opposite to the above, namely “everything that is not prohibited is permitted,” which is basic in regulating the relations of subjects of equal status (primarily citizens among themselves), is also applicable in some situations. For example, it is quite acceptable in the internal relations of government bodies and officials at the horizontal level. However, it should not pose a threat to the rights and freedoms of citizens in their interaction with law enforcement agencies.
The model of legal regulation, in our opinion, should be as follows: when forming a general norm that establishes the competence (powers) of officials, i.e. the purpose of the activity and the legal means of achieving it, an exhaustive list of positions is given, beyond which everything else is prohibited. In the absence of a list of specific powers, the principle “everything is permitted that is within the framework of the stated goal and intended tasks” should come into effect1.
When establishing in regulations the list of powers of state bodies and their officials, especially compliance with the rules legal technology, which are: clarity, clarity, logic, exhaustive but sufficient amount of information. On the contrary, vague formulations, confusion in the presentation of thoughts, inconsistency, duplication or insufficiency of information are extremely dangerous in the regulation of these particular categories of relations, since they create the possibility of interpreting the rules in one’s favor and, accordingly, abuse of rights.
Thus, fixing the task of achieving a certain goal by any means can “camouflage” an unjustifiably wide list of rights that can be used for this. Soviet history knows such an example, namely in the thirties of the last century, the NKVD bodies were endowed with extremely extensive powers to use a variety of means to fight “enemies of the people”
Liability and other restrictions regarding the police
Disciplinary liability arises for the commission of disciplinary offenses (offenses) and consists of the imposition of disciplinary sanctions.
To illuminate the issue of restrictions on the police, an analysis of the concept of “office discipline” is of paramount importance.
In the initial version of the Law “On Police” there was a special article 39 devoted to issues official discipline in the police. In fact, this article was a reference, since it was limited only by the provision that service discipline in the police is regulated by the disciplinary charter of the internal affairs bodies of the Russian Federation, approved by the President of the Russian Federation, which was considered as a shortcoming of the Law1.
This article became invalid due to the adoption of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”, which already included an independent seventh chapter “Official discipline in the internal affairs bodies." According to Art. 49 of this law, service discipline - compliance by an employee of the internal affairs bodies established by the legislation of the Russian Federation, the Oath of an employee of the internal affairs bodies of the Russian Federation, the disciplinary charter of the internal affairs bodies of the Russian Federation, the contract, orders and instructions of the head of the federal executive body in the field of internal affairs, orders and orders of direct and immediate supervisors (supervisors) of the procedure and rules for the performance of official duties and the exercise of granted rights.
The concept of discipline both in law and in science traditionally has a “negative” connotation - in the sense that its consideration, as a rule, concentrates on issues of violation of discipline and the resulting responsibility. This is quite justified, since the observance of discipline is the normal course of things, in other words, the rule, while its violation is something extraordinary, i.e. exception to the rule.
It is noteworthy that in the Law “On Service in the Internal Affairs Bodies of the Russian Federation”, service discipline, in addition to the “classical” (i.e., “negative”) aspect, also has a positive aspect - it is assumed that discipline can not only be violated, but also observed (moreover, conscientiously and exceeding the assigned tasks). Therefore, according to Part 2 of Art. 49 of the Law, “in order to ensure and strengthen official discipline, the head of the federal executive body in the field of internal affairs and the authorized manager may apply incentive measures to an employee of internal affairs bodies and may impose disciplinary sanctions on him.”
The law distinguishes between simple and gross violation of official discipline. If the concept of the first is revealed from a theoretical position - through the proposed definition (a list of signs, the presence of which in an act allows it to be classified as a disciplinary act), then the second is more from a practical point of view - by providing an exhaustive list of possible gross violations.
So, violation of official discipline ( disciplinary offense) a guilty action (inaction) is recognized, expressed in violation by an employee of internal affairs bodies of the legislation of the Russian Federation, the disciplinary charter of internal affairs bodies
of the Russian Federation, job regulations (job descriptions), internal service rules of the federal executive body in the field of internal affairs, its territorial body or division, or non-compliance with prohibitions and restrictions related to service in internal affairs bodies, and requirements for official behavior, or in non-fulfillment ( improper performance) obligations stipulated by the contract, official duties, orders and instructions of direct managers (supervisors) and the immediate supervisor (supervisor) in the performance of basic duties and the exercise of granted rights.
The law provides an exhaustive list of gross violations of official discipline: failure by an employee to comply with restrictions and prohibitions established by the legislation of the Russian Federation; absence of an employee from work during working hours without good reason for more than four hours in a row; being on duty in a state of alcoholic, narcotic or other toxic intoxication. A separate group among them are actions of social harm (danger) which in themselves are so obvious that they can be recognized as gross violations of official discipline only if they do not entail criminal, i.e. more stringent liability (for example, the commission by an employee of a guilty action (inaction) that entailed a violation of human and civil rights and freedoms, a threat to life and health, disruption of the normal functioning of an agency of the Ministry of Internal Affairs, causing other significant harm to citizens and organizations; loss of issued weapons and cartridges for it due to careless storage, etc.;
UDC 351.74 Berova Julietta Mikhailovna doctor legal sciences,
deputy head for educational and scientific work North Caucasus Institute for Advanced Studies (branch) of Krasnodar University of the Ministry of Internal Affairs of Russia
Tengizova Zhanna Adalbievna
Candidate of Legal Sciences, Associate Professor of the Department of Organization of Law Enforcement Activities of the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
FEATURES OF THE LEGAL STATUS OF ITS EMPLOYEES
Annotation:
The article analyzes the features of the rights and obligations of employees of the internal affairs bodies of the Russian Federation. Characteristics of the basic and special rights and obligations of representatives are given law enforcement. It has been determined that the activities of police officers are regulated much more strictly than the activities of civil servants (for example, with regard to the issue of applying penalties in case of violation of discipline). There have been cases in which a police officer can act in accordance with his inner convictions (choice of the type of coercion).
police officer, social guarantees, rights and obligations, official activities, law and order, use of physical force, choice of type of coercion, violation of discipline.
Berova Julietta Mikhailovna D.Phil. in Law,
Deputy Head for Academic Affairs and Research, North Caucasus Institute for Advanced Training, branch of Krasnodar University of the Ministry of Internal Affairs of Russia
Tengizova Zhanna Adalbiyevna
PhD in Law, Assistant Professor, Department for Organization of Law Enforcement Activities, North Caucasus Institute for Advanced Training, branch of Krasnodar University of the Ministry of Internal Affairs of Russia
THE SPECIFICS OF THE LEGAL STATUS OF POLICE OFFICERS
The article deals with the peculiarities of the rights and duties of employees of Internal Affairs bodies of the Russian Federation. The basic and special rights and responsibilities of law enforcement employees are described. It is stated, that the police officers" activities are regulated much stricter than the activity of civil servants (for example, application of penalties in disciplinary case). The authors discuss events when police officers can act according to their beliefs (choosing the type of coercion).
police officers, social guarantees, rights and responsibilities, service activities, law and order, use of physical force, choosing the type of coercion, violation of discipline.
Characterizing the legal status of someone includes an analysis of his rights and obligations, which also seems necessary when considering the features of the legal status of police officers. Moreover, it is also necessary to take into account the fact that the legal status of employees of internal affairs bodies in last years endured significant changes. The changes that have occurred in the system of socio-political relations in the country recently have required a radical revision of the existing legislation regarding police officers. These changes are mainly enshrined in the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation”. Also, the rights and responsibilities of a police officer are spelled out in the Law on Service in Internal Affairs Bodies, in the federal laws “On Police”, “On social guarantees employees of the Department of Internal Affairs of the Russian Federation." Conventionally, the rights and responsibilities of employees of internal affairs bodies are divided into two main blocks - social rights and rules for the use of physical force and service weapons by police officers.
A large volume of duties performed by police officers is associated with the provision of public services to the population. For example, traffic police officers administer driving tests.
In addition to the fact that a police officer, being a citizen of the Russian Federation, has all civil rights, he also has specific rights, since he is obliged to strengthen law and order and legality in the state. There are three main types of public service in the Russian Federation:
1) state civil service - ensuring the execution of powers government official,
2) military service - state military services,
LEGAL SCIENCES
3) law enforcement service- services for ensuring the implementation of state laws and protecting the rights of citizens.
Labor Code of the Russian Federation applies to representatives of internal affairs bodies only to the extent that it does not come into contact with legislative acts devoted to police service.
Only an official who has been assigned a special rank and who performs certain duties is considered a police officer. In territorial internal affairs bodies, a police officer performs his work within a certain territory of his territorial body. Outside his territory, a police officer performs the duties assigned to him by the federal executive body of the Russian Federation. It is mandatory to issue all police officers with a service ID and a badge with a personal number. The police are provided with uniforms at the expense of the state. Badges and insignia on uniforms must be located in strict accordance with the established pattern. All police officers have the right to carry weapons and protective equipment. Their issuance is also carried out at the expense of funds federal budget. Fingerprint registration is mandatory for all police officers.
It is an undeniable fact that the activities of police officers are much more strictly regulated than the activities of civil servants. They are subject to more severe penalties in case of violation of discipline. The list of conditions under which a police officer should be dismissed from the police department is much longer than a similar list in relation to civilians.
Employees of internal affairs bodies have the right to full provision with all technical means necessary for work. All police officers must be familiar with their job descriptions, which fully list their rights and obligations. Of course, the work schedule of police officers is very different from the work schedule of civilians, but they also have the right to rest, weekends and non-working days, and annual paid leave.
If an official need arises, an employee of the internal affairs bodies has the right to receive materials and information constituting state secrets in strictly in the prescribed manner. He can also contact state and municipal authorities for the necessary information.
All employees of internal affairs bodies can, if they wish, familiarize themselves with their personal files and reviews of their work. No one has the right to interfere with the promotion of a police officer unless there are compelling reasons for doing so. Although the activities of police officers are regulated by special federal laws, they, like all citizens of the Russian Federation, can go to court to resolve an official dispute in accordance with the legislation of the Russian Federation.
Special rights Police officers are entitled to:
1) require individuals and legal entities to comply with law and order,
2) if necessary, check documents of citizens and organizations,
3) use if necessary vehicles citizens,
4) to detain persons suspected of committing crimes,
5) if necessary, use physical force in a manner strictly established by law, service weapon and special protective equipment.
Since a police officer is a representative of government authority, his requirements are mandatory. He reports only to his immediate superior. When receiving an order or instruction from a superior that is contrary to the legislation of the Russian Federation, he must be guided only by the provisions of the law.
If necessary, a police officer has the right to conduct an internal check. The verification is carried out based on his application.
A police officer carries out his activities on the basis of a contract, which comes into force on the date specified in the order of the head structural unit about appointment to a position. The contract can be either open-ended or for a specific period.
When a citizen is hired, his internship period is set at no less than three months and no more than six months. For this period, he is considered a trainee for a position in the internal affairs bodies. During the trial period, a fixed-term employment contract is concluded with the trainee.
The police are obliged to ensure that the rights of citizens are respected. If the actions of a police officer lead to a restriction of the rights of citizens to carry out justice, these actions must be immediately stopped when the goal is achieved. A police officer has no right
resort to torture, violence, cruel treatment and everything that humiliates the human dignity of a citizen.
All this does not mean that all actions of a police officer are strictly regulated by law and he does not have the right to choose. He can choose, according to his inner conviction, for example, the type of coercion applied to the offender. He also decides for himself, depending on the circumstances, whether to use firearms or not.
A person declared incompetent or partially capable cannot be a police officer. Also, citizens with a criminal record and those with diseases included in the list approved by the Government of the Russian Federation are not accepted into the ranks of the police. Police officers also cannot be citizens of other states.
1. On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation: federation. Law of November 30, 2011 No. 342-F3 // Russian newspaper. 2011. 7 Dec.
3. On social guarantees for employees of internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation: federation. Law of July 19, 2011 No. 247-FZ // Ibid. 21 July.
4. Rakhmatullin A.F. Peculiarities of the legal status of internal affairs officers as representatives of law enforcement agencies modern Russia// Bulletin of the Novgorod Academy of the Ministry of Internal Affairs. 2012. No. 20. pp. 186-188.
5. Tengizova Zh.A. Protection of property rights of police officers // Actual problems humanities and natural sciences. 2015. No. 3-2. pp. 24-27.
6. Tengizova Zh.A. Requirements of legality in the activities of internal affairs bodies // Current problems of the humanities and natural sciences. 2014. No. 11-1. pp. 272-275.
UDC 342.98
S.V. Nenarokov
DEVELOPMENT OF THE LEGAL STATUS OF POLICE OFFICER: HISTORY AND MODERNITY
development of the legal status of a police officer: background information
and modern situation
The article is devoted to the development of the legal status of a police officer. The elements, signs, attributes of legal status, as well as the historical background of police reform are considered.
Key words: police, police officer, legal status of a police officer.
The paper is devoted to the development of the legal status of a police officer. His elements, characteristics, and attributes of the legal status and historical background ofpolice reform are discussed.
Key words: police, police officer, the legal status of police officer.
In connection with the development of democratic institutions in Russia, issues of the legal status of the individual, as well as the relationship between society and the state, are of particular relevance, which requires the need to look at the legal status of police officers from a different perspective. The internal content of the legal status of a police officer greatly influences and determines its further development. Only by using an integrated approach and influencing its individual elements is it possible to achieve the effective functioning of this legal institute. For example, it is necessary to change the practice of assigning certain functions to police officers that are not typical for them, such as checking businesses, licensing private security activities, registering vehicles and their technical inspection, taking exams and processing driver's licenses etc. It is advisable to transfer these functions to other departments vested with necessary rights and responsibilities, which will undoubtedly entail a change in the goals and objectives of the police as a whole. Today, the existing range of responsibilities of a police officer requires expansion and addition while simultaneously introducing the necessary restrictions. Expanding the rights of a police officer, improving his financial and social security should be inextricably linked with strengthening disciplinary and other liability, including for abuse of his rights.
Intradepartmental continuity should
should be used as the basis for reforming the legal status of police officers. The “stick system”, known since Soviet times, has now completely outlived its usefulness, and modern practice requires the use of effective management models that evaluate the system’s activities according to the criteria of detection as an objective indicator of police activity (public opinion, the degree of citizens’ trust in the police, the internal conviction of employees in the need to fight crime, openness of activity, etc.).
Today, there are two directions in developing the problem of the legal status of police officers. Thus, studies were carried out on individual elements of the legal status, subjective (personal) approach (L.D. Voevodin, A.I. Lepeshkin, N.I. Matuzov, V.A. Patyulin, V.B. Shchetinin, etc.) .
The works of representatives of branch sciences, primarily administrative law, the subject of which were various aspects of the legal status of individual government bodies, are characterized by a narrow sectoral focus (G.V. Atamanchuk, V.M. Manokhin, A.B. Obolonsky, S.E. Channov, etc. .).
Thus, there are currently no independent studies devoted to the problems of the legal status of police officers. To fill this gap, some theoretical principles should be specified. Thus, among the fundamental elements
Nenarokov Sergey Valerievich, senior lecturer at the Kazan Law Institute of the Ministry of Internal Affairs of Russia e-mail: [email protected]© Nenarokov S.V., 2017
Article received: 01/25/2017. The article was accepted for publication: 05/19/2017. Article published online: 06/20/2017.
The legal status of a police officer can be distinguished: the rights and responsibilities of the officer; requirements for employees; guarantees legal protection employee; restrictions and prohibitions related to the service; service time schedule and service organization; order of service; method of filling the position; the nature of the police officer's responsibility; measures to stimulate performance. The following mandatory characteristics of police officers are distinguished:
Citizenship of the Russian Federation;
Belonging to the police cadre;
Having a special rank of private or commanding police officer.
Only a person who has citizenship of the Russian Federation can become a police officer 1 Citizens of other states, as well as persons with dual citizenship or those who do not have citizenship are not entitled to receive the status of a police officer.
Police officers can be seconded to the Administration of the President of the Russian Federation, the Office of the Government of the Russian Federation, the Office of the Federal Assembly of the Russian Federation, ministries, departments and organizations. The list of data of state bodies is approved by the Government of the Russian Federation at the proposal of the Minister of Internal Affairs of the Russian Federation. This list currently includes such organizations as the Ministry of Transport of Russia, the Ministry economic development Russia, Ministry of Health of Russia, Ministry of Regional Development of Russia, Ministry of Foreign Affairs of Russia, Federal Tax Service of Russia, Accounts Chamber Russian Federation, Office of the Russian Security Council, Bank of Russia, etc.
In the pre-reform period, it was possible to assign the police to the legislative (representative) authorities. Today there is no such possibility. According to Art. 41 of the Law “On Police”, employees of internal affairs bodies, in case of election as deputies of bodies legislative branch, suspend service during the entire term of office. The service of police officers in peacekeeping forces through the United Nations and the Council of Europe is long-term business trip, and not by secondment.
It should be noted that the status of an employee of internal affairs bodies is determined by a special rank assigned in the prescribed manner. Ranks in the police of the Russian Federation -
tions are assigned personally in accordance with the official position, education, qualifications and special training, and length of service of employees.
Among the attributes of the legal status of employees of internal affairs bodies, the right to carry and store special equipment and weapons, an official ID, and uniform should be highlighted.
Employees of internal affairs bodies, after undergoing special professional training, receive the right to constantly carry and store service firearms and special equipment. A personal file is opened for each person - the main document for recording employees of internal affairs bodies, which contains a track record, autobiography, certifications, other personnel materials and a personal number. Service ID does not replace a passport of a citizen of the Russian Federation, although it is an official document. The uniform of a police officer should be called a set of equipment, insignia and uniform items.
The basis of the legal status of a police officer is his rights and duties (general and special or official). TO general powers employee of internal affairs bodies include his rights and obligations as a civil servant and as a citizen of the Russian Federation.
A citizen of Russia, serving in the police, has all rights and freedoms, and also performs duties in accordance with the Constitution of the Russian Federation. Has the right to choose the type of activity, the right to medical care and health protection, to freedom of movement, to education, to immunity privacy and other fundamental rights and freedoms. The territorial delimitation of the jurisdiction of bodies authorized to carry out operational investigative activities is carried out on the basis of specialized documents of the Ministry of Internal Affairs of the Russian Federation, which determine the boundaries of service of police units of the Russian Federation.
If an employee of the internal affairs bodies commits violations in his service, it is possible to bring him to disciplinary, criminal and financial liability. Disciplinary liability is imposed for misconduct in office. In addition, it is necessary to note that for committing administrative offenses, a police officer is also subject to disciplinary action.
1 On citizenship of the Russian Federation: Federal Law of May 31, 2002 N 62-FZ (as amended on June 28, 2009) // Rossiyskaya Gazeta. 2002.No. 100.
property. According to Art. 2.5 of the Code of Administrative Offenses of the Russian Federation, military personnel and persons with special ranks bear disciplinary liability for administrative offenses2, with the exception of the offenses listed in the second part of this article.
The law provides for a classification of socially dangerous acts for which an employee of internal affairs bodies, in the event of dishonest performance of official duties, may be subject to prosecution. criminal liability.
The first group includes crimes against state power and the interests of the civil service: negligence, taking a bribe, giving a bribe, official forgery, abuse official powers, their excess, assignment of powers official, failure to comply with the order of the superior (Article 285-293 of the Criminal Code of the Russian Federation)3.
The second group includes crimes directed against justice (Articles 299-304, 310-312, 315, 316 of the Criminal Code of the Russian Federation): falsification of evidence, provocation of a bribe, disclosure of data preliminary investigation, concealment of crimes, illegal release from criminal liability, bringing a knowingly innocent person to criminal liability, illegal detention, detention or detention and some other crimes.
Criminal liability is possible for socially dangerous acts committed by an employee of internal affairs bodies and aimed at violating the constitutional rights and freedoms of citizens. Among the types of these offenses are: violation of the secrecy of correspondence, telephone conversations, postal, telegraph and other messages, violation of privacy, violation of the inviolability of home, refusal to provide a citizen with information, obstruction of a meeting, rally, demonstration, procession, picketing or participation in them (Articles 137-140, 149 of the Criminal Code of the Russian Federation).
A police officer may be held financially liable for damage caused to internal affairs bodies. According to Part 4 of Art. 33 Federal Law “On Police” this type liability may apply in accordance with labor legislation(Chapter 39 of the Labor Code of the Russian Federation). By civil law(Articles 1069 and 1070 of the Civil Code of the Russian Federation) damage is subject to compensation to citizens and organizations if it was caused by unlawful acts.
actions or inactions of a police officer.
Another element of the legal status of an employee of internal affairs bodies are the guarantees: social protection police officers, guarantees of criminal procedural legislation - employees of internal affairs bodies are subject to the provisions of the law on circumstances excluding the criminality of an act (necessary defense; causing harm when detaining a person who has committed a crime; emergency; reasonable risk; physical and mental coercion; failure to comply with an order (instruction).
An employee of internal affairs bodies has a special legal status of a civil servant, which includes such elements as responsibility, rights, obligations, incentives and guarantees.
Thus, the reform of the internal affairs bodies made adjustments to the legal status of a police officer, which, undoubtedly, was due to specific reasons. From the point of view of the social aspect, the model of the police system is already based on the performance of police functions, and this is fully consistent with the line of development rule of law because it is the next step in the process of uniting the global police community.
Initially, in Tsarist Russia the police performed law enforcement functions, which is why the modern renaming can be regarded as a return to historical roots, but with modern content.
Government structure police first appeared in the city of St. Petersburg in 1718 and functioned for virtually 200 years. Peter I first introduced the position of Chief of Police. After 1917, the presence of the police as a security agency greatly irritated the masses, and therefore the Provisional Government reformed and renamed the police force. On April 17, 1917, the Provisional Government established a police force, which began to perform external functions, and the administrative structure of the police was democratized.
After the overthrow of the Provisional Government, the Bolsheviks led by V.I. Lenin adopted the resolution of the NKVD of the RSFSR dated October 28 (November 10), 1917, “On the Workers’ Militia.” Initially, the Red Guard served as volunteers. In October 1918, in accordance with the Instructions for the organization of the Soviet workers' and peasants' militia, it received the status of a state structure,
2 Code of the Russian Federation on Administrative Offenses of December 30, 2001. M., 2010. 340 p.
3 Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (as amended on 04/07/2010)// SZ RF. 1996. No. 25. Art. 2954; Russian newspaper. 2010. April 9.
there was a return to professional looking activities.
It can be stated that the police were in a state corresponding to their name for only one year; subsequently, they acquired all the legal and organizational features of the police. The original name could not be returned to the police due to inconsistency with communist ideology.
Structures such as, for example, the tax police, have partly accustomed ordinary people and professionals to the term “police.” The international police community has long perceived the police as a police apparatus, and in the CIS countries they came to the idea of reform even earlier.
However, the older generation, remembering the Soviet period, generally reacted negatively to the idea of reform. Of course, you should not be unequivocally guided only by negative associations. The development and adoption of the Law “On the Police” caused fierce debate between scientists and practitioners. The developers of the law were faced with the task of creating an excellent legal framework for the activities of the renewed government structure.
The reform of internal affairs bodies affected not only police officers, but also citizens. The protection of human and civil rights and freedoms, as well as the interests of society and the state, comes to the fore. In Art. 2 “Main Directions of Police Activities”4 establishes these directions, which, unlike the Law “On the Police,” are supplemented by such provisions as: control over the circulation of weapons and private detective and security activities, search for persons and stolen property, ensuring security traffic. It should be noted that the above-mentioned areas were also designated in the previous law, but only in the section on the duties of the police. Thus, even in the new law this aspect
and is not unambiguously new, but we can talk about the necessary systematization of its provisions. Undoubtedly, the Law “On Police” defines in more detail the procedure for the use of powers by police officers.
To summarize, it should be noted that the value of the legal status of a police officer lies in the fact that a system of regulatory legal acts is created that provides a high level of legal protection for the police officer. Unity of social content and legal form ultimately determines the legal status of police officers, which is implemented in specific legal relations. It should be especially noted that the subject of these legal relations can only be a person with consciousness and will, capable of taking active actions and being responsible for them. Since the police personnel are part of civil servants, they have all the necessary features: hierarchy of positions, superior-subordinate relationships, direct dependence of rights and responsibilities on official position, division of functions between employees, etc. The reform of the system of the Ministry of Internal Affairs of Russia changed the administrative and legal status of a police officer, and this became the basis for the emergence of an effectively functioning law enforcement system. The reform is currently not yet completed; structural changes are also taking place within the department. However, the time that has passed since the start of the reform gives reason to conclude that changes in the legal status of a police officer consist not only in specifying his powers and competence, but also in tightening the requirements for the procedure for recruitment, service, as well as for his official behavior.
a bunch of literature
1. Voevodin L.D. The content of the legal status of the individual in Soviet science state law// Soviet state and law. 1965. No. 2. P. 42-50.
2. Lepeshkin A.I. Legal status Soviet citizens / A.I. Lepeshkin. M.: Mysl, 1966. P. 31.
3. Matuzov N.I. Personality. Rights. Democracy. Theoretical problems of subjective law. Saratov: Publishing house Sarat. Univ., 1972. P. 192.
4. Patulin V.A. State and personality in the USSR ( legal aspects relationships). M.: Nauka, 1974. P. 114.
5. Shchetinin B.V. Citizen and socialist state // Soviet state and law. 1975. No. 2. P. 3.
6. Atamanchuk G.V. The essence of public service: history, theory, law, practice. M.: NORM, 2008. P. 47.
4 On the police: Federal Law No. Z-FZ dated 02/07/2011 (as amended on 12/06/2011) // Russian newspaper. 2011. No. 25.
7. Manokhin V.M. Service and employee in the Russian Federation: legal regulation. M.: Lawyer, 2008. P.65.
8. Obolonsky A.V. Public service. M.: Nauka, 2001. P. 153.
9. Channov S.E. Service legal relationship: concept, structure, support / ed. V.V. Volodina. M.: Os-89, 2009. P. 89.
10. Bulavin S.P., Chernikov V.V. Legal status of a police officer // Administrative law and process. 2011. No. 9. P. 2.
11. Dubrovin A.K. Legal status of a police officer: theoretical and legal aspect // Russian justice. 2011. No. 12. P. 61.
12. Malakhov V.P. Unity and difference of administrative and police law // Administrative and municipal law. 2010. No. 2. P. 84.
13. Vasiliev F.P. What kind of police do we need? // Russian justice. 2011. No. 6. P. 41.
14. Butylin V.N., Dugenets A.S., Vasiliev F.P. Legal status of the Russian police in the conditions of its formation // Administrative law and process. 2011. No. 5. P. 29.
PUBLICATIONS OF THE KAZAN LAW INSTITUTE OF THE MIA OF RUSSIA
A N. B-kteikn M.Yu. G^-Eshnnn S. 1G Mironov
Pages of the history of the Kazan police
Biktasheva A.N.
Pages of the history of the Kazan police: historical essay: textbook / A.N. Biktasheva, M.Yu. Grebenkin, S.N. Mironov. - Kazan: KYI MIA of Russia, 2017. - 98 p.
Tutorial contains materials reflecting the history of the creation and development of the Kazan police of the 18th-19th centuries, its structure and competence, and main areas of activity.
Intended for cadets and students educational organizations Ministry of Internal Affairs of Russia, studying the course on the history of internal affairs bodies.
The main elements of the legal status of a police officer are: the method of filling the position; requirements for the employee; employee rights and responsibilities; restrictions and prohibitions related to the service; service time schedule and service organization; order of service; guarantees of legal protection for the employee; measures to stimulate performance; the nature of the police officer's responsibility.
Three stand out mandatory features police officer: 1) citizenship of the Russian Federation; 2) belonging to the police force; 3) the presence of a special rank of private or commanding police personnel.
Only a citizen of the Russian Federation can be a police officer. Foreign citizens, persons with dual citizenship, and stateless persons cannot serve in the police.
The possibility of seconding police officers is provided in the interests of performing work of a special nature related directly to the activities of the internal affairs bodies and the Ministry of Internal Affairs of Russia as a whole.
Police officers may be seconded to the Administration of the President of the Russian Federation, the Office of the Government of the Russian Federation, the Office of the Federal Assembly of the Russian Federation, ministries, departments and organizations. The list of these ministries, departments and organizations is approved at the proposal of the Minister of Internal Affairs of the Russian Federation by the Government of the Russian Federation. Currently, such organizations include the Ministry of Transport of Russia, the Ministry of Economic Development of Russia, the Ministry of Health of Russia, the Ministry of Regional Development of Russia, the Ministry of Foreign Affairs of Russia, the Federal Tax Service of Russia, the Accounts Chamber of the Russian Federation, the Bank of Russia, the Office of the Security Council of the Russian Federation and a number of others.
Previously, there was also the possibility of seconding police officers to legislative (representative) authorities. Currently it is excluded. In accordance with Art. 41 of the Law, police officers elected as deputies of legislative bodies suspend their service in internal affairs bodies for the entire term of their powers.
The practice of seconding police officers to peacekeeping forces under the UN and the Council of Europe is not a secondment, but a business trip, albeit a long one.
It is also important to note that belonging to the police is determined, along with the status in the police personnel, by the presence of a special rank of private or commanding police personnel, assigned in the prescribed manner. Special ranks from private to police general of the Russian Federation are assigned to employees on a personal basis in accordance with their official position, education, qualifications and special training, and length of service.
The attributes of the legal status of a police officer are uniform, service identification, the right to carry and store special equipment and weapons. Uniform is a set of uniforms, equipment and insignia.
A service ID is an official identification document, but does not replace a passport.
It has the following details:
Name of the department
Series, number,
Special rank of the employee, his last name, first name, patronymic, position, signature of the person entitled to appointment to the specified position,
A photograph of an employee in uniform with insignia corresponding to the special rank,
Date of issue and expiration date.
The certificate indicates the personal number of the police officer, which is a conditional number assigned to police officers for personal registration simultaneously with the first special rank of middle management. It consists of a capital letter of the Russian alphabet and a six-digit number, which are depicted on an oval-shaped metal token, a model established by the Russian Ministry of Internal Affairs.
Employees of internal affairs bodies, after undergoing special professional training, receive the right to constantly carry and store service firearms and special equipment.
A personal file is opened for each of them - the main document for recording employees of internal affairs bodies, which contains a track record, autobiography, certifications, other personnel materials and a personal number.
The core of the legal status of a police officer is his rights and duties, which are divided into two types - general and special or official.
The general powers of a police officer are his rights and obligations as a citizen of Russia and as a civil servant.
A Russian citizen, being a police officer, has all rights and freedoms on the territory of the state, and also fulfills the duties provided for by the Constitution of the Russian Federation. He has the right to choose his type of activity and profession, to health care and medical care, to education, to privacy, to freedom of movement, to manage the affairs of the state and other fundamental rights and freedoms.
The problem of territorial delimitation of the jurisdiction of operational units authorized to carry out operational investigative activities is resolved in practical terms on the basis of status documents of the Russian Ministry of Internal Affairs, which actually define the boundaries served by the units of the internal affairs bodies of the Russian Federation.
For an offense committed on duty, a police officer bears disciplinary, criminal and financial liability.
Disciplinary liability occurs for misconduct in office.
It should also be noted that disciplinary liability of a police officer occurs for committing administrative offenses.
In accordance with Art. 2.5 of the Code of Administrative Offenses of the Russian Federation, military personnel and persons with special ranks bear disciplinary liability for administrative offenses. The exceptions are the offenses listed in part two of this article. 8
Criminal legislation provides for several groups of socially dangerous acts for which a police officer, due to improper performance of official duties, may be held criminally liable.
The first group consists of crimes against state power and the interests of the civil service: abuse of official powers, their promotion, misappropriation of the powers of an official, failure to comply with a superior’s order, taking a bribe, giving a bribe, official forgery, negligence (Articles 285-293 of the Criminal Code of the Russian Federation).
Another group is crimes against justice, provided for in Art. 299-304,310-312,315,316 of the Criminal Code of the Russian Federation. This is the bringing of a known innocent person to criminal liability, illegal release from criminal liability, illegal detention, detention or detention, falsification of evidence, provocation of a bribe, disclosure of preliminary investigation data, concealment of crimes and some other crimes.
Socially dangerous acts of a police officer that encroach on the constitutional rights and freedom of citizens. Their specific types are: violation of privacy, violation of the secrecy of correspondence, telephone conversations, postal, telegraph and other messages, violation of the inviolability of home, refusal to provide a citizen with information, obstruction of a meeting, rally, demonstration, procession, picketing or participation in them ( Art. 137-140,149 of the Criminal Code of the Russian Federation). 9
Financial liability of a police officer arises for damage caused to internal affairs bodies. In accordance with Part 4 of Art. 33 of the Federal Law “On the Police” it is applied in accordance with labor legislation - Chapter 39 of the Labor Code of the Russian Federation. 10
As for harm to citizens and organizations caused by an unlawful action or inaction of a police officer, the damage is subject to compensation in the manner established by civil law, in particular Art. 1069 and 1070 Civil Code of the Russian Federation. eleven
The next element of the legal status of a police officer is guarantees: guarantees of social protection of employees of internal affairs bodies, guarantees of criminal procedural legislation - police officers are subject to the provisions of the law on circumstances excluding the criminality of the act: necessary defense; causing harm during the detention of a person who committed a crime; extreme necessity; physical and mental coercion; reasonable risk; failure to comply with an order or instruction.
Thus, the legal status of a police officer, which has features of personal status, has a special legal status as its main feature - the status of a civil servant, and it includes the following elements: rights, duties, incentives and guarantees, responsibility. 12
Educational institutions of higher professional education of the federal executive body in the field of internal affairs may admit citizens of the Russian Federation who have not reached the age of 18 and have a secondary (complete) general education.
In accordance with family legislation and the Federal Law “On Citizenship,” 13 children are considered to be persons under 18 years of age. The same is stated in the Federal Law of July 24, 1998 N 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation.” 14 According to this law, a child is considered a person who has not reached the age of 18, that is, the age of majority. Therefore, in accordance with Art. 21FZ “On State Civil Service” on civil service Citizens of the Russian Federation who have reached the age of 18 have the right to enroll. The law allows a person who has not reached the age of majority to remain in service in the internal affairs department (as a cadet), or to be awarded a rank, or to take an oath.
In Art. 14.1 “Measures to promote the physical, intellectual, mental, spiritual and moral development of children” states that “the presence of children (persons under the age of 18) at night in public places, including on the streets, stadiums, parks, squares, public transport vehicles, at facilities (territories, premises) of legal entities or citizens carrying out entrepreneurial activities without education legal entity, which are intended to provide access to the Internet, as well as for the sale of services in the field of trade and public catering (organizations or points), for entertainment, leisure, where retail sales are provided for in accordance with the procedure established by law alcoholic products, beer and drinks made on its basis, and in other public places without the accompaniment of parents (persons replacing them) or persons carrying out events with the participation of children.”
In practice, even first-year cadets are involved in patrolling the streets and other places both during the day and at night. During their studies, cadets undergo initial training already in the first year (the use of Sambo techniques, detaining criminals, being recruited for patrols, performing service (duty duties, orderly duties, etc. 15
The legal status of a police officer is enshrined in the Law “On the Police” and provides for the basic rights and obligations, as well as guarantees of legal protection of a police officer and his responsibility.
A police officer is a citizen of the Russian Federation who carries out official activities in a federal public service position in internal affairs bodies and who has been assigned a special rank in the prescribed manner.
A police officer has the right:
To ensure proper organizational and technical conditions necessary to perform official duties;
For rest, ensured by establishing the normal length of service time, providing days off and non-working days holidays, as well as annual paid basic and additional holidays;
For wages and other payments in accordance with the legislation of the Russian Federation and the contract for service in the police;
To protect your personal data;
For promotion in the police;
On vocational training, retraining, advanced training and internship in the prescribed manner;
To protect your rights and legitimate interests, including appealing their violation to court;
For state protection of life and health, life and health of his family members, as well as property belonging to him and his family members;
Use physical force, special means and firearms on the grounds and in the manner provided by law“On the Police”, as well as a number of other rights enshrined in Art. 28 of the law.
A police officer is obliged:
Know and comply with the Constitution of the Russian Federation, legislative and other regulations legal acts in the field of internal affairs, ensure their implementation; undergo regular checks of knowledge of the Constitution of the Russian Federation, legislative and other regulatory legal acts in this area, in the manner determined by the federal executive body in the field of internal affairs;
Perform official duties in accordance with job regulations; carry out orders and instructions from managers (supervisors) given in the prescribed manner and not contrary to federal law;
Contact your immediate superior for official matters, and, if necessary, your direct superior, notifying your immediate superior;
When performing official duties, observe the rights and legitimate interests citizens, public associations and organizations;
Comply with the internal regulations of the territorial body, the regulations of the organization that is part of the system of the federal executive body in the field of internal affairs where he serves;
Maintain the level of qualifications required to properly perform job duties;
Not to disclose information that constitutes a state or other secret protected by law, as well as information that has become known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;
Protect state property, including those provided to him for the performance of official duties;
Submit, in the manner established by the legislation of the Russian Federation, information about your income, property and property-related obligations, as well as information about the income, property and property-related obligations of your spouse and minor children;
Report the renunciation of citizenship of the Russian Federation or the acquisition of citizenship (nationality) of a foreign state on the day of renunciation of citizenship of the Russian Federation or on the day of acquisition of citizenship (nationality) of a foreign state;
Comply with the restrictions and prohibitions established by federal laws related to police service, as well as comply with the requirements for the official conduct of a police officer;
Inform your immediate superior about the emergence of personal interests that may lead to a conflict of interest in the performance of official duties, and take measures to prevent such a conflict;
Notify the immediate superior, the prosecutor's office of the Russian Federation or other government bodies about each case of any person contacting him for the purpose of inducing him to commit corruption offences.
In addition, a police officer, regardless of the position he fills, location and time of day, is obliged to:
Provide first aid to citizens affected by crimes, administrative offenses and accidents, as well as citizens who are in a helpless state or in a state dangerous to their life and health;
If a citizen contacts him with a statement about a crime, an administrative offense, an incident, or in the event of a crime being detected, administrative offense, an incident, take measures to save a citizen, prevent and (or) suppress a crime, an administrative offense, detain persons suspected of committing them, protect the scene of a crime, an administrative offense, the scene of an incident and report this to the nearest territorial authority or police unit.
The law provides the following guarantees to a police officer:
A police officer, performing the duties assigned to the police and exercising the rights granted to the police, acts as a representative of state power and is under the protection of the state.
When performing official duties, a police officer is subordinate only to his immediate or direct superior. No one has the right to interfere with the lawful activities of a police officer, except for persons expressly authorized by federal law. No one has the right to force a police officer to perform duties that are not assigned to the police by this Federal Law. When receiving an order or instruction that is clearly contrary to the law, a police officer is obliged to follow the law.
The legal requirements of a police officer are mandatory for citizens and officials to comply with.
Obstructing a police officer from performing his official duties, insulting a police officer, resisting him, violence or threat of violence against a police officer in connection with the performance of his official duties, or failure to perform legal requirements a police officer is subject to liability under the legislation of the Russian Federation.
A police officer is not obliged to give any explanations on the merits of the cases and materials in his proceedings, nor to provide such cases and materials, including those affecting the rights and freedoms of man and citizen, for review except in cases and in the manner provided for by the legislation of the Russian Federation. Federation.
State protection of the life and health, honor and dignity of a police officer and his family members, as well as property belonging to him and his family members, from criminal attacks in connection with the performance of official duties is carried out in the manner established by law"About the police."
State protection measures are also applied in relation to close relatives of a police officer, and in exceptional cases - in relation to other persons whose life, health and property are attacked in order to impede the legitimate activities of a police officer or force a change in its nature, as well as in revenge for the specified activity.
Police - component unified centralized system of the Ministry of Internal Affairs of the Russian Federation. Included in the internal affairs bodies. (Article 14 of the Regulations on the Ministry of Internal Affairs of the Russian Federation, approved by Decree of the President of the Russian Federation dated March 1, 2011 No. 248 “Issues of the Ministry of Internal Affairs of the Russian Federation”)
Within the limits of their competence, the management of police activities is carried out by the President of the Russian Federation directly or through the Minister of Internal Affairs, heads territorial bodies Ministries of Internal Affairs and heads of police departments. These leaders are responsible for fulfilling the duties assigned to the police.
In the structure of internal affairs bodies, as a rule, there are the following types divisions on the basis of which management structures are built:
· Ministry of Internal Affairs of the Russian Federation(Ministry of Internal Affairs of the Russian Federation) is the central governing body in the system of law enforcement agencies of the Russian Federation. A federal ministry reporting directly to the President of the Russian Federation. Provides general centralized management of all internal affairs bodies and internal troops in the country. At the head is the Minister of Internal Affairs of the Russian Federation, a military (special) rank corresponding to the regular position - Colonel General - Army General.
· Department, Main Directorate, Management- a division of the Ministry that manages the bodies and troops of internal affairs within the limits of functional competence: Criminal Investigation Department, Department own safety, Department of Public Order, Department for Combating Organized Crime, Department economic security, Organizational and Inspection Department, Legal Department, Logistics Department, Financial and Economic Department, Main Command (Glavkomat) internal troops Ministry of Internal Affairs of the Russian Federation (as a department). The Department manages the subordinate units of internal affairs bodies and troops: Districts of Internal Troops, Main Directorates, Directorates and Departments of Internal Affairs.
· Main Directorate of the Ministry of Internal Affairs of Russia (Main Directorate of the Ministry of Internal Affairs of Russia) - carries out management of the internal affairs bodies within the limits of its competence, limited either territorially (the Main Directorate of the Ministry of Internal Affairs for a subject of the Federation) or functionally (responsible for a certain range of tasks of the internal affairs bodies: the Main Directorate for Combating Economic Crimes - a unit within the central apparatus of the ministry) . The Main Directorate of the Ministry of Internal Affairs stands above the directorates (UMVD) or departments of the Ministry of Internal Affairs of Russia (OMVD). In subjects of the Russian Federation with a population of more than 2 million people or special status due to certain circumstances, as a rule, the Main Directorates of the Ministry of Internal Affairs of Russia (the Main Directorate of the Ministry of Internal Affairs for Moscow, the Main Directorate of the Ministry of Internal Affairs for the Moscow Region, etc.) carry out their activities. The districts of the internal troops are equated according to the organizational structure of the Main Directorate of the Ministry of Internal Affairs. The head of the Main Directorate of the Ministry of Internal Affairs, as a rule, has a special rank of lieutenant general - colonel general.
· Department of the Ministry of Internal Affairs of Russia (Regional Ministry of Internal Affairs of Russia) - a management body in the internal affairs system, has a status below the Main Directorate of the Ministry of Internal Affairs, but above the departments of the Ministry of Internal Affairs of Russia. There are territorial ones (subjects of the federation, for example: Regional Ministry of Internal Affairs for the Tula region, or territorial units subjects of the federation, in this case they are subordinate to a higher Main Directorate of the Ministry of Internal Affairs: for example, the Department of the Ministry of Internal Affairs for the Novomoskovsky District of the Tula Region, the Department of the Ministry of Internal Affairs of the South-Western Administrative District of Moscow), functional within the Ministry or the Main Directorate of the Ministry of Internal Affairs. In terms of their staffing structure, divisions of internal troops are usually equivalent, headed by a major general (rarely a lieutenant general). If the Department of the Ministry of Internal Affairs is part of a higher Main Directorate of the Ministry of Internal Affairs, then the staff is equal to a brigade, the head of the Department of Internal Affairs is a colonel.
· Ministry of Internal Affairs subject of the Russian Federation - exercises general management of internal affairs bodies within of this subject federation. Depending on the staffing structure, determined by population and other factors, is equal to the Main Directorate of the Ministry of Internal Affairs or the Regional Department of the Ministry of Internal Affairs of the constituent entities of the federation.
· Department of the Ministry of Internal Affairs of Russia (Department of Internal Affairs). The main governing body in the internal affairs system of the Russian Federation. Subordinate to a higher territorial Department of the Ministry of Internal Affairs, or directly to the Department of the Ministry of Internal Affairs (GU Ministry of Internal Affairs) of a subject of the federation, as a rule, they are territorial (District Department of Internal Affairs, cities of regional subordination), manages all activities to ensure law and order within the competence of internal affairs bodies within the administrative territory;
· Police department (OP) - a territorial subdivision within a department or department of the Ministry of Internal Affairs of Russia.
The police also include:
· DOBDD (traffic police, traffic police)
SOBR (Special Rapid Response Units)
· OMON (Special Purpose Mobile Units)
· Berkut (Crimea and Sevastopol)
· District police commissioner
· Centers for combating offenses in the consumer market and enforcement administrative legislation
There are also environmental police in Kazan and Moscow.