State policy and legal framework for ensuring security. Publications
Chapter 1. General provisions
Article 1. Subject of regulation of this Federal Law
This Federal Law defines the basic principles and content of activities to ensure state security, public safety, environmental safety, personal safety, other types of safety provided for by the legislation of the Russian Federation (hereinafter referred to as safety, national security), powers and functions of federal bodies state power, government bodies of the constituent entities of the Russian Federation, bodies local government in the field of security, as well as the status of the Security Council of the Russian Federation (hereinafter referred to as the Security Council).
Article 2. Basic principles of security
The basic principles of safety are:
1) observance and protection of human and civil rights and freedoms;
2) legality;
3) systematic and comprehensive application by federal government bodies, government bodies of constituent entities of the Russian Federation, other government bodies, local government bodies of political, organizational, socio-economic, information, legal and other security measures;
4) priority of preventive measures to ensure safety;
5) interaction between federal government bodies, government bodies of constituent entities of the Russian Federation, and others government agencies with public associations, international organizations and citizens in order to ensure security.
Article 3. Contents of security activities
Security activities include:
1) forecasting, identification, analysis and assessment of security threats;
2) determining the main directions of state policy and strategic planning in the field of security;
3) legal regulation in the field of security;
4) development and application of a set of operational and long-term measures to identify, prevent and eliminate security threats, localize and neutralize the consequences of their manifestation;
5) application of special economic measures to ensure security;
6) development, production and implementation modern species weapons, military and special equipment, as well as dual and civil purpose for security purposes;
7) organization of scientific activities in the field of security;
8) coordination of the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of security;
9) financing of security expenses, control over the targeted expenditure of allocated funds;
10) international cooperation to ensure security;
11) implementation of other measures in the field of security in accordance with the legislation of the Russian Federation.
Article 4. Public policy in the field of security
1. State policy in the field of security is part of the domestic and foreign policy of the Russian Federation and is a set of coordinated and united political, organizational, socio-economic, military, legal, information, special and other measures.
2. The main directions of state policy in the field of security are determined by the President of the Russian Federation.
3. State policy in the field of security is implemented by federal government bodies, government bodies of constituent entities of the Russian Federation, and local government bodies based on the strategy national security of the Russian Federation, other conceptual and doctrinal documents developed by the Security Council and approved by the President of the Russian Federation.
4. Citizens and public associations participate in the implementation of state policy in the field of security.
Article 5. Legal basis for ensuring security
The legal basis for ensuring security is the Constitution of the Russian Federation, generally recognized principles and norms international law, international treaties of the Russian Federation, federal constitutional laws, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, local governments, adopted within their competence in the field of security.
Article 6. Coordination of security activities
Coordination of security activities is carried out by the President of the Russian Federation and the Security Council formed and headed by him, as well as, within the limits of their competence, the Government of the Russian Federation, federal government bodies, government bodies of the constituent entities of the Russian Federation, and local self-government bodies.
Article 7. International cooperation in the field of security
1. International cooperation of the Russian Federation in the field of security is carried out on the basis generally accepted principles and norms of international law and international treaties of the Russian Federation.
2. The main goals of international cooperation in the field of security are:
1) protection of the sovereignty and territorial integrity of the Russian Federation;
2) protection of rights and legitimate interests Russian citizens abroad;
3) strengthening relations with strategic partners of the Russian Federation;
4) participation in the activities of international organizations dealing with security issues;
5) development of bilateral and multilateral relations in order to fulfill security objectives;
6) assistance in conflict resolution, including participation in peacekeeping activities.
Chapter 2. Powers of federal government bodies, functions of government bodies of constituent entities of the Russian Federation and local government bodies in the field of security
Article 8. Powers of the President of the Russian Federation in the field of security
President of Russian Federation:
1) determines the main directions of state policy in the field of security;
2) approves the national security strategy of the Russian Federation, other conceptual and doctrinal documents in the field of security;
3) forms and heads the Security Council;
4) establishes the competence of federal executive authorities in the field of security, the activities of which he supervises;
5) in the manner established by the Federal Constitutional Law of May 30, 2001 N 3-FKZ “On a State of Emergency”, introduces a state of emergency on the territory of the Russian Federation or in certain localities, exercises powers in the field of ensuring the regime state of emergency;
6) accepts in accordance with the legislation of the Russian Federation:
a) a decision to apply special economic measures to ensure security;
b) measures to protect citizens from criminal and other illegal actions, on countering terrorism and extremism;
7) resolves, in accordance with the legislation of the Russian Federation, issues related to ensuring protection:
a) information and state secrets;
b) population and territories from emergency situations;
8) exercises other powers in the field of ensuring security assigned to him by the Constitution of the Russian Federation, federal constitutional laws and federal laws.
Article 9. Powers of the chambers Federal Assembly Russian Federation in the field of security
1. Federation Council of the Federal Assembly of the Russian Federation:
1) considers federal laws in the field of security adopted by the State Duma of the Federal Assembly of the Russian Federation;
2) approves the decree of the President of the Russian Federation on the introduction of a state of emergency.
2. The State Duma The Federal Assembly of the Russian Federation adopts federal laws in the field of security.
Article 10. Powers of the Government of the Russian Federation in the field of security
Government of the Russian Federation:
1) participates in determining the main directions of state policy in the field of security;
2) forms federal target programs in the field of security and ensures their implementation;
3) establishes the competence of federal executive authorities in the field of security, the activities of which it supervises;
4) organizes the provision of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments with the funds and resources necessary to perform tasks in the field of security;
5) exercises other powers in the field of ensuring security assigned to him by the Constitution of the Russian Federation, federal constitutional laws, federal laws and regulatory legal acts of the President of the Russian Federation.
Article 11. Powers of federal executive authorities in the field of security
Federal authorities executive authorities carry out tasks in the field of security in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation.
Article 12. Functions of state authorities of the constituent entities of the Russian Federation and local governments in the field of security
State authorities of the constituent entities of the Russian Federation and local self-government bodies, within the limits of their competence, ensure the implementation of the legislation of the Russian Federation in the field of security.
Chapter 3. Status of the Security Council
Article 13. Security Council
1. The Security Council is a constitutional advisory body that prepares decisions of the President of the Russian Federation on issues of ensuring security, organizing defense, military development, defense production, military-technical cooperation of the Russian Federation with foreign countries, on other issues related to protection constitutional order, sovereignty, independence and territorial integrity of the Russian Federation, as well as on issues of international cooperation in the field of security.
2. The Security Council is formed and headed by the President of the Russian Federation.
3. The regulations on the Security Council of the Russian Federation are approved by the President of the Russian Federation.
4. In order to implement the tasks and functions of the Security Council, the President of the Russian Federation may create working bodies of the Security Council and the apparatus of the Security Council.
Article 14. Main tasks and functions of the Security Council
1. The main tasks of the Security Council are:
1) ensuring conditions for the exercise by the President of the Russian Federation of powers in the field of security;
2) formation of state policy in the field of security and control over its implementation;
3) forecasting, identification, analysis and assessment of security threats, assessment of military danger and military threat, development of measures to neutralize them;
4) preparation of proposals to the President of the Russian Federation:
a) on measures to prevent and eliminate emergency situations and overcome their consequences;
b) on the application of special economic measures to ensure security;
c) on the introduction, extension and cancellation of a state of emergency;
5) coordination of the activities of federal executive authorities and executive authorities of the constituent entities of the Russian Federation to implement decisions taken by the President of the Russian Federation in the field of security;
6) assessment of the effectiveness of the activities of federal executive authorities in the field of security.
2. The main functions of the Security Council are:
1) consideration of issues of ensuring security, organization of defense, military construction, defense production, military-technical cooperation of the Russian Federation with foreign states, other issues related to the protection of the constitutional system, sovereignty, independence and territorial integrity of the Russian Federation, as well as issues of international cooperation in security areas;
2) analysis of information on the implementation of the main directions of state policy in the field of security, on the socio-political and economic situation in the country, on the observance of human and civil rights and freedoms;
3) development and clarification of the national security strategy of the Russian Federation, other conceptual and doctrinal documents, as well as criteria and indicators for ensuring national security;
4) implementation of strategic planning in the field of security;
5) consideration of draft legislative and other regulatory legal acts of the Russian Federation on issues within the jurisdiction of the Security Council;
6) preparation of draft regulatory legal acts of the President of the Russian Federation on issues of ensuring security and monitoring the activities of federal executive authorities in the field of security;
7) organization of preparation work federal programs in the field of security and monitoring their implementation;
8) organization of scientific research on issues within the jurisdiction of the Security Council.
3. The President of the Russian Federation may assign other tasks and functions to the Security Council in accordance with the legislation of the Russian Federation.
Article 15. Composition of the Security Council
1. The Security Council includes the Chairman of the Security Council of the Russian Federation, who is ex officio the President of the Russian Federation; Secretary of the Security Council of the Russian Federation (hereinafter referred to as the Secretary of the Security Council); permanent members of the Security Council and members of the Security Council.
2. Permanent members of the Security Council shall be members of the Security Council ex officio in the manner determined by the President of the Russian Federation. The Secretary of the Security Council is one of the permanent members of the Security Council.
3. Members of the Security Council are appointed by the President of the Russian Federation in the manner determined by him.
4. Members of the Security Council take part in meetings of the Security Council with the right of an advisory vote.
5. The Secretary of the Security Council, permanent members of the Security Council and members of the Security Council may be citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence a citizen of the Russian Federation on the territory of a foreign state.
Article 16. Secretary of the Security Council
1. The Secretary of the Security Council is an official who ensures the implementation of the tasks and functions assigned to the Security Council.
2. The Secretary of the Security Council is appointed and dismissed by the President of the Russian Federation, to whom he reports directly.
3. The powers of the Secretary of the Security Council are determined by the President of the Russian Federation.
Article 17. Organization of the activities of the Security Council
1. The activities of the Security Council are carried out in the form of meetings and deliberations.
2. The procedure for organizing and holding meetings and deliberations of the Security Council is determined by the President of the Russian Federation.
Article 18. Decisions of the Security Council
1. Decisions of the Security Council are adopted at its meetings and conferences by permanent members of the Security Council in the manner determined by the President of the Russian Federation. Permanent members of the Security Council have equal rights when making decisions.
2. Decisions of the Security Council come into force after their approval by the President of the Russian Federation.
3. Decisions of the Security Council that have entered into force are binding on government bodies and officials.
4. In order to implement decisions of the Security Council, the President of the Russian Federation may issue decrees and orders.
Chapter 4. Final provisions
Article 19. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation
Declare invalid:
1) Law of the Russian Federation of March 5, 1992 N 2446-1 “On Security” (Gazette of the Congress of People's Deputies of the Russian Federation and Supreme Council Russian Federation, 1992, N 15, art. 769);
2) Resolution of the Supreme Council of the Russian Federation of March 5, 1992 N 2446/I-I “On the implementation of the Law of the Russian Federation “On Security” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 15, Art. 770) ;
3) Law of the Russian Federation of December 25, 1992 N 4235-I “On supplementing Article 14 of the Law of the Russian Federation “On Security” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 2, Art. 77);
4) Resolution of the Supreme Council of the Russian Federation of December 25, 1992 N 4236-I “On the procedure for enacting the Law of the Russian Federation “On supplementing Article 14 of the Law of the Russian Federation “On Security” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 2, Art. 78);
5) Article 9 of the Federal Law of July 25, 2002 N 116-FZ “On Amendments and Additions to Some legislative acts Russian Federation in connection with the improvement government controlled in area fire safety"(Collected Legislation of the Russian Federation, 2002, No. 30, Art. 3033);
6) Article 2 of the Federal Law of March 7, 2005 N 15-FZ "On Amendments to Certain Legislative Acts of the Russian Federation and Recognition of Invalidity individual provisions legislative act of the Russian Federation in connection with the implementation of measures to improve public administration in the field of protection and security of the State Border of the Russian Federation" (Collected Legislation of the Russian Federation, 2005, No. 10, Art. 763);
7) Article 1 of the Federal Law of July 25, 2006 N 128-FZ “On amendments to certain legislative acts of the Russian Federation in terms of clarifying the requirements for filling state and municipal positions” (Collected Legislation of the Russian Federation, 2006, N 31, Art. 3427 );
8) Article 3 of the Federal Law of March 2, 2007 N 24-FZ "On amendments to certain legislative acts of the Russian Federation in terms of clarifying the requirements for persons replacing government or municipal positions, as well as positions of state or municipal service" (Collected Legislation of the Russian Federation, 2007, No. 10, Art. 1151);
9) Article 1 of the Federal Law of June 26, 2008 N 103-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the improvement of public administration in the field of customs” (Collected Legislation of the Russian Federation, 2008, N 26, Art. 3022 ).
Article 20. Entry into force of this Federal Law
This Federal Law comes into force on the date of its official publication.
President of the Russian Federation D. Medvedev
Problems of ensuring national and international security have faced humanity at all times. They acquired particular relevance at the beginning of the 20th century. due to the reality of the threat of a world war. Therefore, at the first stages of the development of security theory and policy, they were identified with issues of war prevention. The main attention of the leading states of the world has always been paid to military security. Since the 1960s, there has been a gradual awareness among politicians and society as a whole that threats to the existence of human civilization come not only from nuclear and other weapons mass destruction, but also from human activity itself. Consequently, true security in our time can only be ensured as a comprehensive security, covering all spheres of social activity of the state, society and individual.
Thus, the security policy should provide for a system of measures that blocks the causes of all types of danger that humanity faces.
Of great importance clear definition the very concept of “security”. Federal Law No. 390-FZ dated December 29, 2010 “On Security” defines the basic principles and content of activities to ensure state security, public and environmental security, personal security, other types of security provided for by the legislation of the Russian Federation, the powers and functions of federal government bodies, government bodies of the constituent entities of the Federation, local government bodies in the field of security, as well as the status of the Security Council of the Russian Federation.
Security is understood as the state of protection of the vital interests of the individual, society and state from internal and external threats. At the same time, vital interests are a set of needs, the satisfaction of which reliably ensures the existence and possibilities for the progressive existence of the individual, society and state. A security threat is a set of conditions and factors that create a danger to the vital interests of the individual, society and the state.
According to Art. 2 of the above Law basic principles of safety are:
- 1) observance and protection of human and civil rights and freedoms;
- 2) legality;
- 3) systematic and comprehensive application of political, organizational, socio-economic, informational, legal and other security measures by federal government bodies, government bodies of constituent entities of the Federation, other government bodies, and local self-government bodies;
- 4) priority of preventive measures to ensure safety;
- 5) interaction of federal government bodies, government bodies of constituent entities of the Russian Federation, other government bodies with public associations, international organizations and citizens in order to ensure security.
Current legislation provides for many types of security. Thus, the Constitution of the Russian Federation contains legal basis to highlight public and state security, among which the main integrated type of security should be highlighted - national security, the most important components and interconnected elements of which are economic and information security, since economic and information processes accompany and mediate all spheres and branches of public administration in a broad and narrow sense.
The legal basis for ensuring security is the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, the Federal Law “On Security”, other federal laws and regulatory legal acts of the Russian Federation, laws and regulatory legal acts of the subjects of the Federation, bodies local governments, adopted within their competence in the field of security.
Real and potential threat to security facilities emanating from internal and external sources danger, determines the content of activities to ensure internal and external security.
According to Art. 3 of this Law security activities includes:
- 1) forecasting, identification, analysis and assessment of security threats;
- 2) determining the main directions of state policy and strategic planning in the field of security;
- 3) legal regulation in the field of security;
- 4) development and application of a set of operational and long-term measures to identify, prevent and eliminate security threats, localize and neutralize the consequences of their manifestation;
- 5) application of special economic measures to ensure security;
- 6) development, production and implementation of modern types of weapons, military and special equipment, as well as dual-use and civilian equipment for the purpose of ensuring security;
- 7) organization of scientific activities in the field of security;
- 8) coordination of the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of security;
- 9) financing of security expenses, control over the targeted expenditure of allocated funds;
- 10) international cooperation to ensure security;
- 11) implementation of other measures in the field of security in accordance with the legislation of the Russian Federation.
Thus, to the main security facilities relate:
- 1) personality (its rights and freedoms);
- 2) society (its material and spiritual values);
- 3) the state (its constitutional system, sovereignty, territorial integrity).
Accordingly, state policy in the field of security is part of the domestic and foreign policy of the Russian Federation and is a set of coordinated and united political, organizational, socio-economic, military, legal, information, special and other measures. The main directions of state policy in the field of security are determined by the President of the Russian Federation. State policy in the field of security is implemented by federal government bodies, government bodies of the constituent entities of the Federation, local governments on the basis of the national security strategy of the Russian Federation, other conceptual and doctrinal documents developed
Security Council and approved by the President of the Russian Federation. Citizens and public associations participate in the implementation of state policy in the field of security.
The national security of our country is constantly and has been given priority attention by the President and the Government of the Russian Federation. Such rule-making documents were adopted as Decree of the President of the Russian Federation dated December 17, 1997 No. 1300 “On approval of the Concept of National Security of the Russian Federation” (as amended on January 10, 2000) and Decree of the President of the Russian Federation dated January 10, 2000 No. 24 “On the Concept of National Security Russian Federation" (lost force).
By Decree of the President of the Russian Federation dated May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020,” canceling the previously mentioned documents, the National Security Strategy of the Russian Federation until 2020 was approved and entered into force.
The strategy is based on the principles of continuity of state policy in the field of security and is based on the system of Russian national priorities. The document is fully linked to the Concept of socio-economic development of Russia for the period until 2020, aimed at improving the quality of public administration and designed to coordinate the activities of government bodies, state and public organizations to protect the national interests of Russia and ensure the security of individuals, society and the state.
The long-term national interests of the Russian Federation include: developing democracy and civil society, increasing competitiveness national economy; the inviolability of the constitutional system, territorial integrity and sovereignty of the Russian Federation; turning Russia into a world power. The main priorities of the national security of the Russian Federation are national defense, state and public security. The strategic goals of national defense include the prevention of global and regional wars and conflicts, strategic deterrence in the interests of ensuring the country's military security.
The policies of a number of leading foreign countries aimed at achieving overwhelming superiority in the military sphere. In this regard, a transition to a qualitatively new look of the Armed Forces of the Russian Federation is envisaged, preserving the potential of strategic nuclear forces, increasing the number of permanent readiness units, and improving the operational and combat training of troops.
The main threat to state and public security is represented by: terrorism; extremism; intelligence activities of foreign intelligence services; organized crime. In this regard, it is necessary to increase the efficiency of law enforcement agencies and intelligence services, create unified system crime prevention, reduce the level of corruption and criminalization of society. Particular attention should be paid to protecting the State Border of the Russian Federation.
One of the strategic goals of national security is to improve the quality of life of Russian citizens. The main tasks in this area are to ensure personal safety, availability of comfortable housing, high-quality and safe goods and services, and decent wages. Great importance is attached to economic growth, the development of science, technology, healthcare and education, and the preservation of cultural potential.
This strategy is based on the fundamental position of the relationship and interdependence of the sustainable development of the state and ensuring national security, while national security is ensured by achieving interconnected strategic national priorities, which include: national defense, state and public security; improving the quality of life of Russian citizens, economic growth, science, technology, education, healthcare and culture, ecology and environmental management, strategic stability and equal strategic partnership.
The main attention in this Strategy is focused on issues of ensuring national security within the framework of achieving each of the strategic national priorities according to a single methodological scheme: from threat analysis to measures to neutralize them. Such concepts as “national security”, “ national interests Russia”, “threat to national security”, “strategic national priorities”, “national security system”, “forces and means of ensuring national security”.
National security - state of protection of the individual, society and state from internal and external threats, which allows to ensure constitutional rights, freedoms, decent quality and standard of living for citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the state.
National interests of the Russian Federation- the totality of internal and external needs of the state to ensure security and sustainable development of the individual, society and state.
National Security Threat- direct or indirect possibility of causing damage to constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty and territorial integrity, sustainable development of the Russian Federation, defense and security of the state.
Strategic national priorities- the most important areas of ensuring national security, in which the constitutional rights and freedoms of citizens of the Russian Federation are realized, sustainable socio-economic development and protection of the country’s sovereignty, its independence and territorial integrity are carried out.
National security system - Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal legislation provides for military and (or) law enforcement service, as well as federal government bodies taking part in ensuring the national security of the state on the basis of the legislation of the Russian Federation.
Means of ensuring national security - technologies, as well as technical, software, linguistic, legal, organizational means, including telecommunication channels, used in the national security system for collecting, generating, processing, transmitting or receiving information about the state of national security and measures to strengthen it.
Strategic goals of ensuring national security in the field of state and public security:
- 1) protection of the foundations of the constitutional system of the Russian Federation, fundamental rights and freedoms of man and citizen;
- 2) protection of the sovereignty of the Russian Federation, its independence and territorial integrity;
- 3) preservation of civil peace, political and social stability in society.
The above Strategy identifies the main sources of threats to national security in the field of state and public security:
- 1) intelligence and other activities of intelligence services and organizations of foreign states and individuals aimed at harming the security of Russia;
- 2) the activities of terrorist organizations, groups and individuals, which are aimed at violently changing the foundations of the constitutional system, disrupting the normal functioning of government bodies (including violent actions against government, political and public figures), destroying military and industrial facilities, enterprises and institutions that ensure the functioning of society, intimidation of the population, including through the use of nuclear and chemical weapons or hazardous radioactive, chemical and biological substances;
- 3) extremist activities of nationalist, religious, ethnic and other organizations and structures aimed at violating the unity and territorial integrity of the state, destabilizing the internal political and social situation in the country;
- 4) activities of transnational criminal organizations and groups associated with illegal trafficking narcotic drugs and psychotropic substances, weapons, ammunition, explosives;
- 5) criminal attacks directed against the person, property, state power, public and economic security, crimes related to corruption.
The Strategy also sets the task of reliable protection and security of the State Border of the Russian Federation.
Threats in the border area are defined as: the presence and possible escalation of armed conflicts near the state border; incompleteness of international legal registration of the state border with individual neighboring states; activities of international terrorist and extremist organizations to transfer to Russian territory their emissaries, means of terror and organization of sabotage; activation of cross-border criminal groups for the illegal movement of narcotic drugs, psychotropic substances, goods and cargo, aquatic biological resources, other material and cultural assets across the state border, organization of illegal migration channels.
The Strategy also pays attention to ensuring national security in emergency situations, which is achieved primarily through the improvement and development of a unified state system prevention and liquidation of emergency situations of natural and technogenic nature and by increasing the efficiency of the implementation of the powers of local governments in this area, updating the park technological equipment and production technologies to potentially dangerous objects and life support facilities, the introduction of modern technical means of informing and alerting the population in places of their mass presence, as well as the development of a system for taking preventive measures to reduce the risk of terrorist acts and mitigate the consequences of man-made and natural emergencies.
As noted above, the most important components and interrelated elements of national security are economic and information security.
By Decree of the President of the Russian Federation dated April 29, 1996 No. 608 “On State strategy economic security of the Russian Federation" approved the strategy for the economic security of the Russian Federation, defined its goal and objects, threats to the economic security of the Russian Federation, criteria and parameters of the state of the economy that meet the requirements of economic security, measures and mechanisms of economic policy aimed at ensuring it.
Thus, the decree of the President of the Russian Federation established the constitutional definition that the State Strategy for Economic Security of the Russian Federation is integral part national security of the Russian Federation as a whole and is focused on the implementation of economic transformations being carried out in the Russian Federation.
The goal of the State Economic Security Strategy is to ensure such economic development that would create acceptable conditions for life and personal development, socio-economic and military-political stability of society and maintaining the integrity of the state, successfully countering the influence of internal and external threats.
Doctrine information security of the Russian Federation was approved by the President of the Russian Federation on September 6, 2000. It represents a set of official views on the goals, objectives, principles and main directions of ensuring information security of the Russian Federation. The Doctrine gives the concept of information security, reveals the main components of the national interests of the Russian Federation in information sphere and types of threats to information security, determines methods for ensuring information security.
The concept of information security in this Doctrine is the state of protection of national interests in the information sphere, determined by the totality of balanced interests of the individual, society and the state.
Components of the national interests of the Russian Federation in the information sphere:
- 1) mandatory compliance with constitutional human rights and freedoms in the field of obtaining information and using it;
- 2) information support for the state policy of the Russian Federation (bringing information about the state policy of the Russian Federation to Russian citizens and the international community, official position on significant events in Russia and in the world) with citizens’ access to open government resources;
- 3) development of modern information technologies domestic industry (information means, telecommunications and communications). Providing information technologies and equipment to the Russian domestic market and entering world markets;
- 4) protecting information resources from unauthorized access, ensuring the security of information and telecommunication systems.
This Doctrine includes the following threats to the information security of the Russian Federation:
- 1) threats aimed at constitutional human rights and freedoms in the field of information activities;
- 2) threats to the information support of state policy of the Russian Federation;
- 3) a threat to the development of modern information technologies of the domestic industry, as well as access to the domestic and world markets;
- 4) threats to the security of information and telecommunications facilities and systems.
Let us consider the methods of ensuring information security of the Russian Federation in this Doctrine.
- 1. Legal methods.
- 1) development of normative legal acts regulating relations in the field of information technology;
- 2) development of normative methodological documents responsible for information security issues of the Russian Federation.
- 2. Organizational and technical methods:
- 1) creation of an information security system of the Russian Federation and its improvement;
- 2) bringing to justice persons who committed crimes in this area;
- 3) creation of systems and means to prevent unauthorized access to processed information;
- 4) identification of means and devices that pose a danger to the normal functioning of systems, prevention of interception of information using means cryptographic protection both when transmitting information and when storing it;
- 5) control over compliance with information protection requirements;
- 6) monitoring the actions of personnel who have access to information, training personnel in the field of ensuring information security of the Russian Federation;
- 7) creation of a system for monitoring information security of the Russian Federation.
- 3. Economic methods:
- 1) development of information security programs and their financing;
- 2) financing of work related to ensuring information security of the Russian Federation.
Therefore, this Doctrine provides the basis for:
- 1) formation of state policy in the field of ensuring information security of the Russian Federation;
- 2) preparing proposals for improving the legal, methodological, scientific, technical and organizational support for information security of the Russian Federation;
- 3) development of targeted programs to ensure information security of the Russian Federation.
On December 7, 2010, the State Duma of the Russian Federation adopted Federal Law N 390-FZ “On Security”. In Art. 1. The following is defined as the subject of regulation of the Federal Law:
1) the basic principles and content of activities to ensure state security, public safety, environmental safety, personal safety, and other types of security provided for by the legislation of the Russian Federation;
2) powers and functions of federal government bodies of the Russian Federation;
3) powers and functions of public authorities of the constituent entities of the Russian Federation;
4) powers and functions of local government bodies in the field of security;
5) status of the Security Council of the Russian Federation.
The basic principles of ensuring security in the Russian Federation are:
1) observance and protection of human and civil rights and freedoms;
2) legality;
3) systematic and comprehensive application of political, organizational, socio-economic, information, legal and other security measures;
4) priority of preventive measures to ensure safety;
5) interaction of federal government bodies, government bodies of constituent entities of the Russian Federation, other government bodies with public associations, international organizations and citizens in order to ensure security (Article 2.).
1) forecasting, identification, analysis and assessment of security threats;
2) determining the main directions of state policy and strategic planning in the field of security;
3) legal regulation in the field of security;
4) application of special economic measures to ensure security;
5) organization of scientific activities in the field of security;
6) coordination of the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of security;
The main directions of state policy in the field of security are determined by the President of the Russian Federation (Article 4.).
The legal basis for ensuring security in Russia is:
Generally recognized principles and norms of international law, international treaties of the Russian Federation.
· Constitution of the Russian Federation.
· Federal constitutional laws.
· Federal laws and other regulatory legal acts of the Russian Federation.
· Laws and other regulatory legal acts of the constituent entities of the Russian Federation, local governments, adopted within their competence in the field of security (Article 5.).
Let us note that these constitutional norms are formulated in accordance with Art. 22 Universal Declaration of Human Rights. Personal security, of course, includes social security as a whole social rights individuals provided by the state.
The main task of law. With all variants of its understanding:
1. Is the regulation of social relations.
2. That is managing them through the adoption of a written act (document of law).
3. A document that is categorical, binding, and universal.
4. This creates legal relations (assigning responsibilities to some and granting rights to others).
The “new anthropocentrism” paradigm and environmental law. Environmental legal imperatives are still poorly rooted in the public consciousness of post-Soviet Russia: this society is not ready to put environmental interests above financial ones. Mostly technocratic social consciousness stored and reproduced by the main dominants Russian education, focused on direct empirical experience. Bearers of environmental interests (respectively, subjects of environmental rights) perform only citizens, organized and unorganized, represented by individuals and groups, associations and the population as a whole.
The specificity of the environmental legal structure is that for a person to live in favorable conditions And safe environment a habitat, and environmental lawmaking should be directed on legal protection of people:
1) from the consequences of the destructive effects of nature (hurricanes, earthquakes, floods, etc.);
2) from the negative consequences of urbanization and the activities of the military-industrial complex, industrial development; man-made accidents;
3) from people, from encroachment on the life and property of citizens, respect for their rights;
4) from poverty and poverty ─ the human dimension in ecology.
A worldview in the spirit of “new atropocentrism” should change the economic criterion economic activity:
1) not only a minimum of costs for products, but also a minimum of damage to humans;
2) not just narrow environmental, but socio-political priorities related to the preservation and conservation of the population and the increase in human capital come to the fore;
3) ensuring a decent level and quality of life by modern standards in a favorable environment;
4. security of the individual, society, state.
The Latin concept "humanitas" originally meant the desire for development human dignity in spite of the long-term devaluation of everything connected with human life.
Russian President Dmitry Medvedev approved the decree “On the National Security Strategy of the Russian Federation until 2020.” The Russian Federation's national security strategy is "fundamentally interconnected" with the concept of economic development: "This strategy is a basic document for planning the development of the national security system of the Russian Federation, which sets out the procedure and measures to ensure national security. It is the basis for constructive interaction between government bodies, organizations and public associations to protect the national interests of the Russian Federation and ensure security individuals, society and state,” the Strategy notes.
The main objective of the Strategy “is to create and maintain internal and external conditions by national security forces that are favorable for the implementation of strategic national priorities.”
However, the “Concept of National Security of the Russian Federation (Concept)” was adopted earlier in 1997. In it, the national security of the Russian Federation is understood as - the security of its multinational people as the bearer of sovereignty and the only source of power in the Russian Federation. At the same time, the most important components of Russia’s national interests are determined: protection of the individual, society and state from terrorism, including international, as well as from emergency situations of natural and man-made nature and their consequences, and in wartime - from dangers arising during the conduct of military operations or as a result of these actions.
IN developed countries In Europe, providing every citizen with a vital minimum of goods and health is included in the content of the concept of B. and this is both significant and natural and corresponds to the ideas of justice. The authors of the Concept formally could not help but admit that threat Russia's national security social sphere create deep stratification of society on a narrow circle of the rich and the overwhelming majority of low-income citizens, an increase in the proportion of the population living below the poverty line, and an increase in unemployment.
Today, the content of the definition of “security” is not determined by military force, and socio-economic achievements that satisfy a person’s legitimate aspiration to freedom, equality, justice, well-being and, accordingly, to life and health. The idea that national security involves a priority domestic social (political, economic, cultural) programs. Despite everything, so far only some Russian authors in academic publications manage to go beyond highly specialized, technical understanding security as an "emanation" exclusively security forces states.
The movement towards security in Russia, in our opinion, is limited by the real state of development of the Russian Federation. Neither Russian authorities and Russian society has no answer to two main questions. Firstly, which ones actually philosophical and ideological foundations, could a concept of security for a person living in Russia be built? And, secondly, have we developed a modern form of statehood ─ a nation ─ a state capable of developing an original, its own doctrine of national security? Undecided general issues that cannot be resolved and private.
The term human security allows us to connect the problem of human social security with his rights, which are enshrined in the Constitution of the Russian Federation. In a social state, the rights and freedoms of man and citizen include human rights to ensure life, health, freedom and favorable environment habitat, personal safety, safety of family and property. Russian welfare state acknowledges the responsibility to accept everything necessary measures to ensure these rights. Article 17 of the Constitution of the Russian Federation states: “1. In the Russian Federation, the rights and freedoms of man and citizen are recognized and guaranteed in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution. 2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth. 3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.”
Article 20 establishes that: “1. Everyone has the right to life. 2. The death penalty pending its abolition may be established by federal law as an exceptional measure of punishment for especially serious crimes against life when granting the accused the right to have his case tried by a jury.”
In strict accordance with modern international law, the Constitution of the Russian Federation establishes fundamental rights (life and health, labor, etc.) and human freedoms inalienable, directly valid and belonging to everyone from birth:
a) life;
b) free work in conditions that meet safety and hygiene requirements, and forced labor is prohibited;
e) rest;
f) health protection and medical care free of charge from the corresponding budget, insurance premiums, and other revenues;
g) a favorable environment, reliable information about its condition and compensation for damage caused to his health or property environmental violation(vv. 20, 37, 41, 42).
Security covers almost all aspects of people’s lives and in this regard, its legal basis includes legislation in the field of human and civil rights, health and environmental law and labor legislation. It can be presented in hierarchical form:
I. Constitution of the Russian Federation; Constitutions of the republics within the Russian Federation.
II. Basic Federal Laws on the protection of life and health:
2.1. Fundamentals of the legislation of the Russian Federation on the protection of public health.
2.2. FR "0 sanitary and epidemiological welfare of the population."
2.3. Federal Law of the Russian Federation “On Education”.
2.5. Other Federal Laws and other legislative acts of the Russian Federation and republics within the Russian Federation adopted in accordance with them.
III. Legal acts autonomous regions, autonomous okrugs, territories, regions, cities. Moscow and St. Petersburg.
Along with this hierarchy, there are a number of special laws of the Russian Federation on security.
1. Federal Law of the Russian Federation “On Security”, developing the provisions of the Code of the Russian Federation on the primacy of the rights and freedoms of man and citizen, established duty Russian State ─ ensure the safety of every citizen on the territory of the Russian Federation.
2. Federal Law "On industrial safety dangerous production facilities» regulates social relations arising in sources of increased danger (HS).
4. The Federal Law “On Fire Safety” defines general legal, economic and social foundations ensuring fire safety in the Russian Federation.
5. Federal Law "On the protection of the population and territories from natural and man-made emergencies". The Federal Law determines the organizational and legal norms common to the Russian Federation in the field of protecting the population on the territory of the Russian Federation, all land, air, water space within the Russian Federation, industrial and social facilities, as well as the natural environment from emergency situations (emergency situations) of a natural and man-made nature .
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"Fundamentals of state policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critically important and potentially dangerous objects from natural, man-made threats and terrorist acts for the period until 2020" N Pr-3400 – rtf (68 Kb)
ORDER
PRESIDENT OF THE RUSSIAN FEDERATION
STATE POLICY IN THE FIELD OF SECURITY
OF THE POPULATION OF THE RUSSIAN FEDERATION AND SECURITY IS CRITICAL
IMPORTANT AND POTENTIALLY DANGEROUS OBJECTS FROM NATURAL HAZARDS,
TECHNOGENIC CHARACTER AND TERRORIST ACTS
FOR THE PERIOD UNTIL 2020
I. General provisions
1. These Frameworks have been developed in accordance with Federal law dated December 21, 1994 N 68-FZ “On the protection of the population and territories from natural and man-made emergencies” and defines:
a) the goals of state policy in the field of ensuring the security of the population and territories of the Russian Federation from natural, man-made threats and terrorist acts (hereinafter referred to as threats of various natures);
b) priority directions of state policy in the field of ensuring the security of the population and territories of the Russian Federation from threats of various types;
c) the basic principles of state policy in the field of ensuring the security of the population and territories of the Russian Federation from threats of various types;
d) objectives of state policy in the field of ensuring the security of the population and territories of the Russian Federation from threats of various natures.
2. These Fundamentals develop and specify the main provisions of the National Security Strategy of the Russian Federation until 2020 regarding ensuring the safety of the population and the security of critical and potentially dangerous objects from threats of various types. They are based on a comprehensive assessment of possible threats on the territory of the Russian Federation, taking into account the objective needs and real capabilities of the country to ensure the safety of the population and the security of critical and potentially dangerous facilities.
3. State policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critically important and potentially dangerous objects from threats of various types is aimed at creating an effective mechanism for the implementation by state authorities of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments, organizations and citizens of their powers and rights in this area.
4. State policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critically important and potentially dangerous objects from threats of various types is formed on the basis of the Constitution of the Russian Federation, the Concept of long-term socio-economic development of the Russian Federation for the period until 2020, federal constitutional laws, federal laws , regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, as well as generally accepted principles and norms of international law and international treaties of the Russian Federation.
5. Carrying out state policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critically important and potentially dangerous objects from threats of various types is an important task in the implementation of the targeted activities of government bodies of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments and organizations in the sphere of public safety from threats of various nature.
II. General conclusions based on the analysis of possible threats on the territory of the Russian Federation
6. According to government reports on the state of protection of the population and territories of the Russian Federation from natural and man-made emergencies for 2008 - 2010, the number of dangerous natural phenomena and major man-made disasters is growing annually. At the same time, the number of deaths from the consequences of emergency situations throughout recent years is steadily decreasing, which indicates a certain effectiveness of the measures taken to prevent and eliminate emergency situations.
7. More than 90 million people (60 percent of the country’s population) live in areas of possible exposure to damaging factors during accidents at critical and potentially dangerous facilities.
8. Seismic hazards continue to pose a significant threat to the population, since more than 20 percent of the territory of the Russian Federation with a population of more than 20 million people can be subject to earthquakes of magnitude 7 or higher. Located in earthquake-prone areas a large number of critical and potentially dangerous facilities and residential buildings, and large economic and infrastructure projects are planned for implementation, which in the event of a strong earthquake can lead to serious destruction and increase the damaging effect on the population.
9. Analysis of information on emergency situations, taking into account their threat structure and dynamics of change, indicates that natural disasters associated with hazardous natural phenomena and fires, water incidents, as well as man-made accidents are the main sources of emergency situations and pose a significant threat to human life, stable economic growth and, as a consequence, to the sustainable development and national security of Russia.
10. Annual economic damage (direct and indirect) from emergency situations can reach 1.5 - 2 percent of the gross internal product(from 675 to 900 billion rubles). Large-scale emergencies in regions with limited budgetary resources can significantly limit their socio-economic development.
11. The main task of the activities of federal executive authorities and authorized organizations(insofar as they are concerned), executive authorities of the constituent entities of the Russian Federation, local governments and organizations in the field of reducing the risks of natural and man-made emergency situations - ensuring necessary conditions for the safety of the population and sustainable socio-economic development of the state, taking into account plans for the implementation of economic and infrastructure projects for the period until 2020.
III. Goals, priority areas, basic principles and objectives of state policy in the field of ensuring the security of the population of the Russian Federation and the protection of critical and potentially dangerous facilities from threats of various types
12. The goals of state policy in the field of ensuring the safety of the population and the protection of critical and potentially dangerous facilities from threats of various types are:
a) minimizing the risks of natural and man-made emergencies and terrorist acts;
b) ensuring a guaranteed level of security for the individual, society and the state within the limits of scientifically based criteria for acceptable risk;
c) increasing the level of protection of critical and potentially dangerous facilities from threats of various types;
d) creating conditions for the safety of life of the population, sustainable socio-economic development of the Russian Federation and its individual territories.
13. To achieve the goals of state policy in the field of ensuring the safety of the population and the protection of critical and potentially dangerous facilities from threats of various natures, it is necessary to ensure the concentration of efforts and resources in the following priority areas:
a) improvement normative legal framework;
b) development of fundamental and applied science, engineering and technology;
c) ensuring the effective functioning and development of a unified state system for preventing and eliminating emergency situations (hereinafter referred to as RSChS);
d) mitigation of long-term consequences radiation accidents and disasters;
e) development of international cooperation in this area.
14. The formation and implementation of state policy in the field of ensuring the safety of the population and the protection of critical and potentially dangerous facilities from threats of various types are carried out in compliance with the following basic principles:
a) saving lives and preserving people’s health are priority actions in the event of threats of various types;
b) taking into account the division of jurisdiction and powers between federal executive authorities, executive authorities of constituent entities of the Russian Federation and local government bodies when preparing and implementing measures in this area;
c) ensuring comprehensive protection of critical and potentially dangerous facilities;
d) planning measures to ensure the safety of the population and the security of critical and potentially dangerous facilities, taking into account the degree of risk of possible threats of various types.
15. To achieve goals in priority areas of state policy in the field of ensuring the safety of the population and the protection of critical and potentially dangerous facilities from threats of various natures, it is necessary to solve the following main tasks:
a) to improve the regulatory framework: to ensure the harmonization of the legislation of the Russian Federation with the norms of international law and international treaties of the Russian Federation;
develop and implement technical regulations on issues of ensuring the safety of the population, operational safety (functioning) and protection of critical and potentially dangerous facilities from threats of various types;
analyze the regulatory legal regulation in the field of ensuring fire safety and improving the procedure and rules for the implementation of state fire supervision, taking into account modern socio-economic conditions;
to modernize (clarify) the norms and standards of priority life support for the population in emergency situations, taking into account the analysis of ongoing measures to eliminate emergency situations of an interregional and federal nature;
make changes to the legislation of the Russian Federation aimed at increasing liability for violation of norms and rules in the field of protecting the population and territories from natural and man-made emergencies, ensuring fire safety and the safety of people on water bodies;
clarify the criteria for classifying facilities as critically important facilities at the federal and regional levels;
b) on the development of fundamental and applied science, engineering and technology:
improve the scientific foundations of: assessing and forecasting the risks of possible emergency situations; optimizing the management of these risks;
analysis of the impact of various threats on the population, critical and potentially dangerous objects;
carry out further development and formation scientific foundations ensuring the security of critical and potentially dangerous facilities;
ensure the implementation of scientific research on the creation and testing of a unified methodology for assessing the risks of emergency situations at critically important facilities, depending on the state of their security and a unified methodology for classifying economic facilities and elements of the country’s infrastructure as critically important;
develop and implement modern:
scientific methods for forecasting the risks of natural and man-made emergency situations;
systems, tools and methods technical diagnostics equipment of potentially dangerous objects for early detection of the causes of man-made emergencies;
methods and technologies for carrying out emergency rescue operations, as well as samples of emergency rescue equipment;
information security tools in the field of organizing public safety and security of critical and potentially dangerous facilities;
personal and collective defense population from the consequences of accidents at potentially hazardous facilities, as well as radiation, chemical and biological control systems;
special medical supplies protection of the population;
c) to ensure the effective functioning and development of the RSChS:
improve the structure of the RSChS, increase the level of readiness and efficiency of its territorial and functional subsystems;
carry out work to improve RSChS control centers, create and reconstruct control centers in crisis situations;
carry out the development of a system of monitoring, laboratory control and forecasting of emergency situations, taking into account the entire range of threats of a different nature by improving its organization, methodology, technical equipment, automating the collection, processing and transmission of information, expanding functions by monitoring the condition of critical and potentially dangerous objects;
ensure the development of a system for informing and alerting the population about threats of various types, including all-Russian ones integrated system informing and alerting the population in crowded places;
complete in deadlines creation of a comprehensive system for ensuring public safety in transport;
complete within the established time frame the creation of a system for ensuring calls to emergency operational services using a single number “112” on the territory of the Russian Federation;
improve industrial safety requirements, improve the preparation of economic facilities for functioning in conditions of threats of various types by increasing their physical stability and (or) protection from the damaging factors of these threats;
carry out the development of forces that ensure the safety of the population and the protection of critically important and potentially dangerous objects from threats of various types, equip these forces with modern technology and technical means;
improve the system of training the population in the field of protecting the population from threats of various types, develop and implement modern methods and technical means of training;
carry out the development of infrastructure and material and technical base fire department V populated areas, at critical facilities, equip it with new means of fire extinguishing and rescuing people and property, as well as develop a voluntary fire department;
develop and implement measures to improve fire protection objects with mass stay people, carrying out work to equip them with fire automatic equipment, creating conditions for the evacuation of people in them in the event of a fire;
carry out work to improve fire propaganda and information support on fire safety issues, including with the active use of the media;
develop and implement new innovative technologies in the field of detecting fires at the initial stage of their occurrence, ensuring timely notification of fires;
develop effective means fire extinguishing of high-rise buildings, forest fires, oil production and oil refining enterprises, including offshore platforms, using mobile robotic systems and helicopters with horizontal supply of fire extinguishing agents;
conduct research to improve existing and develop promising automatic fire extinguishing means;
introduce modern forms and methods of ensuring the safety of people at water bodies;
to improve the control and supervisory activities of departments ensuring the safety of people on water bodies and the development of their infrastructure;
equip units that ensure the safety of people on water bodies with modern technical means and new technologies;
improve efforts to prepare and inform the population on issues safe behavior on water bodies, including with the active use of the media;
carry out the development of automated information system State Inspectorate for small vessels of the Ministry of the Russian Federation for Affairs civil defense, emergencies and consequences mitigation natural Disasters and its compatibility with the automated information management system of the unified state system for the prevention and response to emergency situations;
d) to mitigate long-term consequences of radiation accidents and disasters:
create the infrastructure necessary to ensure safe living conditions for the population in radioactively contaminated areas;
develop and implement a set of measures in the field of protecting the health of citizens exposed to radiation, including targeted specialized medical care;
provide information support and socio-psychological rehabilitation of citizens living in radioactively contaminated areas;
create conditions for safe (taking into account established standards radiation safety) forest management in radioactively contaminated areas;
bring into a safe condition and return to economic use agricultural land on which radioactive contamination remains;
e) on the development of international cooperation:
improve the international legal framework in the field of emergency humanitarian response, prevention and response to emergency situations;
to further develop cooperation with the UN and the Council of Europe, including within the framework of Russia’s interaction with these organizations through the Partial Open Agreement of the Council of Europe on the prediction, prevention and assistance in the event of natural and technological disasters;
develop cooperation in the field of prevention and mitigation of the consequences of natural and man-made emergencies within the framework of the Commonwealth of Independent States, the Collective Security Treaty Organization, the Council of the Baltic Sea States, the Black Sea Economic Cooperation, the Arctic Council and its working group on prevention, preparedness and response to emergency situations , Barents Euro-Arctic Council;
ensure increased participation in events within the framework of the Asia-Pacific Economic Cooperation forum, Russia's dialogue partnership with the Association of Southeast Asian Nations (ASEAN), the ASEAN Regional Forum on Security and the Shanghai Cooperation Organization;
carry out analysis modern technologies in the field of ensuring safety and combating disasters, used by foreign states and international organizations, with the aim of introducing the best of them into the Russian Federation;
ensure integration Russian technologies into international safety and disaster management programs.
IV. Implementation of state policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critical and potentially dangerous facilities from threats of various types
16. State policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critically important and potentially dangerous objects from threats of various types is carried out through the coordinated and targeted activities of government bodies of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, local governments, organizations and citizens on the basis of the legislation of the Russian Federation, as well as generally recognized principles and norms of international law and international treaties of the Russian Federation.
17. The Government of the Russian Federation manages the implementation of state policy in the field of ensuring the safety of the population of the Russian Federation and the protection of critically important and potentially dangerous objects from threats of various types, as well as the activities of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies and organizations in in accordance with the powers vested in him by federal laws and other regulatory legal acts of the Russian Federation.
18. Coordination of the activities of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments in the field of protecting the population and territories from threats of various types is carried out by the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief.
19. Heads of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments and organizations, within the limits of their powers, organize and carry out activities in the field of protecting the population and territories from threats of various natures.
20. These Fundamentals are implemented within the framework of:
a) specialized state and federal target programs;
b) an interdepartmental comprehensive program of fundamental and applied research in the interests of ensuring the safety of the population and the security of critical and potentially dangerous facilities;
c) ensuring measures in the field of protecting the population from natural and man-made emergencies at the expense of funds federal budget, budgets of the constituent entities of the Russian Federation, local budgets and funds of organizations;
d) federal plan for increasing the security of critical facilities of the Russian Federation;
e) plans to improve the security of critical and potentially dangerous facilities, developed by federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies, management bodies of organizations whose facilities are critical or potentially dangerous.
21. These Fundamentals can be supplemented and clarified as the state of socio-economic development of society and changes in the nature of threats on the territory of the Russian Federation.
The president
Russian Federation
Legal basis for ensuring public safety
The most important element legal system ensuring the security of the Russian Federation are federal constitutional laws and federal laws.
The legal aspects of the security problem have become the subject of scientific research recently . This fully applies to security legislation. The period of active development of the legal framework for ensuring public safety begins simultaneously with constitutional reforms in the country in the early 90s of the 20th century.
In 1992, the Law of the Russian Federation “On Security” was adopted, which served as the basis for the formation of the legal framework for the system of ensuring public security in the country. The law was adopted almost a year earlier than the Constitution of the Russian Federation, as a result of which some of its provisions began to contradict the norms of the Basic Law of the state, this explains the introduction of many amendments and additions to this law. N.M. draws attention to this, in particular. Samorodov, who writes that “the wording of Art. 7 of the Law of the Russian Federation “On Security”, which is directly related to the observance of the rights and freedoms of citizens while ensuring their safety, does not comply with the provisions of paragraph 2 of Art. 24 and paragraph 3 of Art. 55 of the Constitution of the Russian Federation. Therefore, the law has actually ceased to be applied and taken into account in the formation of the regulatory legal framework regulating issues of national security.”
For this reason, in the period from 2008 to 2010, entities with legislative initiative began to make active attempts to develop and adopt a new federal law. In order to “consolidate the efforts” of federal and regional bodies authorities, as well as public institutions, organizations and citizens, the “National Security Strategy of the Russian Federation until 2020” was adopted, approved by Decree of the President of the Russian Federation of May 12, 2009 No. 37. Due to the fact that the law “On Security” in force at that time could not actually regulate the security sector. The National Security Strategy became the fundamental document on which all subsequent legislative acts were adopted. Thus, it became the foundation for both further development security system, its types (including public security), and the transition to a “new state policy in the field of security”. At the same time, in accordance with the Federal Law of June 28, 2014 No. 172-FZ “On Strategic Planning in the Russian Federation,” the National Security Strategy became one of three strategic planning documents developed at the federal level within the framework of goal setting. Art. 18 of this law indicates the possibility of adjusting the Strategy every six years. In this regard, in December 2015, by Decree of the President of the Russian Federation of December 31, 2015 No. 683, a new National Security Strategy of the Russian Federation was approved. Based on the provisions of the National Security Strategy of the Russian Federation until 2020, the current Federal Law of December 28, 2010 No. 390-FZ “On Security” was adopted (as amended on October 5, 2015 No. 285-FZ). In contrast to the Law of the Russian Federation “On Security” of March 5, 1992, Federal Law of the Russian Federation No. 390-FZ defined in more detail the basic principles of security (with the exception of the principle of legality, the other four principles are new categories), the main directions and content, coordination of security activities (taking into account the systemic and complex nature of relations), as well as international cooperation in this area. The law, along with other types of national security, defines the principles and content of public security.
A new stage in the development of the institution of public security was the Concept of Public Security in the Russian Federation, approved on November 14, 2013 by the President of the Russian Federation (No. Pr-2685), which defined the concept, the main sources of threats to public security, goals, objectives, principles and main areas of activity for its provision until 2020 (hereinafter - KOB). In accordance with the COB, public safety is understood as the state of protection of a person and a citizen, the material and spiritual values of society from criminal and other illegal attacks, social and ethnic conflicts, as well as from natural and man-made emergencies. The fundamental nature of this type of national security, the danger of various sources of threats, and the multi-level structure of security entities predetermined the complex system of legal regulation of ensuring public security.
This system covers all levels of modern legal regulation in the Russian Federation (federal, regional, local, departmental). As is known, the main feature of law is its consistency, without which law cannot function normally. Therefore, the legal basis for ensuring public safety is a set of interrelated, internally consistent normative legal acts containing legal principles and norms aimed at the legal regulation of public relations in the field of ensuring public safety in order to streamline, protect and develop them in accordance with public needs. These legal principles and norms are intended to regulate: firstly, the organization of the system for ensuring public security (main tasks, principles of organization, internal structure; forces and means; the place of this system itself in the mechanism of the state); secondly, the main directions (functions) of ensuring public safety in various spheres of life; thirdly, the parameters of the activity of the public security system (the rights and responsibilities of state bodies to carry out law-making, law enforcement and control and supervisory activities, the procedure for their use of available forces, forms and methods; the procedure for the use of special means; the procedure for relations with state and non-state institutions, not included in this system).
Legal regulation of ensuring public safety can be considered as “carried out using a system of legal means ( legal norms, legal relations, individual regulations, etc.) effective, normative and organizational impact on social relations” in order to streamline, protect, and develop them in accordance with social needs. Presenting legal regulation as a process in which three main stages are distinguished: the formation and operation of legal norms; emergence of rights and obligations (legal relations); implementation of rights and obligations, we note that the “core” of legal regulation is the normative aspect - the development and legal consolidation (establishment) of norms (rules) of people’s behavior, and the main source of law for creating a legal basis for ensuring public safety is a normative legal act as one of the most effective ways consolidation of legal norms regulating important issues of ensuring public safety.
It should be noted that no country has a comprehensive set of safety legislation, as there are no boundaries between it and ordinary legislation. The norms that relate to the field of security are distributed across many legal acts of different branches of law and are contained in various regulatory legal acts of the state (constitutions, laws, court decisions and customs) in accordance with the hierarchy of sources of law that exists in each country.
As is known, a hierarchical system of sources Russian law to ensure the security of the Russian Federation are:
1) Constitution of the Russian Federation;
2) international treaties and agreements concluded or recognized by the Russian Federation;
3) federal constitutional laws;
4) federal laws;
5) decrees and orders of the President of the Russian Federation;
6) resolutions and orders of the Government of the Russian Federation;
7) constitutions (charters) and other normative legal acts of government bodies of the constituent entities of the Russian Federation;
8) charters and other regulatory legal acts of local government bodies, adopted within their competence in accordance with the Constitution, federal constitutional laws and federal legislation;
9) regulations bodies and security forces adopted within their competence in accordance with the Constitution, federal laws and other regulatory legal acts of the Russian Federation in force in the field of security.
The objective need for a strict hierarchy is that this is the only way to achieve unity of state regulation in the field of public security.
The leading role in regulating public relations in the sphere of ensuring the country's security belongs to the Constitution of the Russian Federation as a normative legal act of the highest legal force in the country, therefore, unlike other normative legal acts, it is often called the legal charter, the Basic Law.
Constitutional legal norms define the fundamental rights and freedoms of citizens of the Russian Federation, consolidate the system of legislative, executive and judiciary, ensuring public safety, determine them constitutionally legal status.
Analysis legal norms The Constitution of the Russian Federation shows that the term “security” is used repeatedly, for example, personal rights and freedoms are proclaimed in Chapter 2 (Articles 22, 23, Part 1, Article 82; Part 2, Article 74; Part 3, Art. 37; clause “m”, art. 72; clause “g”, art. 84; ); restrictions on the rights and freedoms of man and citizen (Part 5 of Article 13; Articles 20, 21, 23, 24, 28, 34, 40, 46–54, 55, 56). The Constitution of the Russian Federation introduces the term “security”, which means “state security” (clause “e”, part 1, article 114). Mention is also made of ensuring “environmental safety” as an area of joint jurisdiction of the Russian Federation (clause “e” of Part 1 of Article 72), and otherwise of “state security” (Part 5 of Article 13 and Part 3 of Art. 55), about “security and integrity of the state” (Part 1, Article 82.). At the same time, the Constitution of the Russian Federation identifies two priority concepts - “defense” and “security” (part 3 of article 55, paragraph “m” of article 71, paragraph “e” of part 1 of article 114).
The Constitution of the Russian Federation uses such concepts as “state security” (Articles 13, 56), “state security” (Article 114), “security” (Article 71), “public safety” and “ environmental Safety"(Art. 72). It follows from this that, according to the Constitution of the Russian Federation, the following must be ensured: “the security of the Russian Federation” (Article 1); “public safety” (Article 72); “state security” (Articles 13, 82); “state security” (Article 114); “safety of people” (Article 74); “safety of citizens” (Article 56); “protection of the constitutional order” (Article 56); “ecological safety” (Article 72).
As we see, the Constitution of the Russian Federation distinguishes between the concepts of “state security” and “public security”. State security is spoken of in relation to the state as a whole, and this function falls under the exclusive jurisdiction of the Russian Federation. The joint responsibility of the Russian Federation and the constituent entities of the Federation is to ensure “legality, law and order, public safety” (clause “b”, part 1, article 72). Thus, ensuring the state security of Russia is entrusted to the state as a whole, and the subjects of the Federation, non-state structures, citizens are not vested with functions and powers to ensure state security.
International legal treaties, agreements, etc. play an important role in the system of legal security. Such documents include: the Universal Declaration of Human Rights of 1948; International Covenant on Economic, Social and Cultural Rights 1976; International Covenant on Civil and Political Rights of February 23, 1972; Optional Protocol to the International Covenant on Civil and Political Rights of 1966 and a number of other acts. The norms of international law enshrined in them formed the basis for the provisions of the Constitution and legislation of the Russian Federation regarding the fundamental rights of citizens and their restrictions in the field of public safety.
The most important element of the legal system for ensuring the security of the Russian Federation is federal constitutional laws and federal laws. For example, since 1991, over thirty of them have been adopted in our country. Each of them is conceptually aimed at closing the gap legal relations in the field of ensuring the security of Russia. The most important of them are: Federal Constitutional Law of the Russian Federation of May 30, 2001 No. 3-FKZ “On the State of Emergency”; Laws of the Russian Federation: dated December 27, 1991 No. 2124-1 “On the Mass Media”, dated March 8, 1993 No. 5485-1 “On state secret"; Federal laws of the Russian Federation: dated July 7, 2003 No. 126-FZ “On Communications”; dated July 27, 2006 No. 149-FZ “On information, informatization and information protection”; dated May 31, 1996 No. 61-FZ “On Defense”, etc.
Among them, the basic law is the Federal Law of December 28, 2010 No. 390-FZ “On Security”, the adoption of which marks an important stage in the history of regulatory support in the area under consideration. For the first time, it lists the types of security, defines the legal basis and mechanism for ensuring it.
Another equally important regulatory legal act is the Federal Law of 1996 “On Defense”, which defines the foundations and organization of the defense of the Russian Federation, the powers of government bodies of Russia, the functions of government bodies of the constituent entities of the Russian Federation, organizations and their officials, the rights and responsibilities of citizens of the Russian Federation in the field of defense, forces and means attracted for defense, as well as liability for violation of the legislation of the Russian Federation in the field of defense. This law establishes military duty citizens of the Russian Federation. In accordance with this law, for the purpose of defense, the Armed Forces are created, which form the basis of the defense of the Russian Federation, and other troops are involved in defense (Rosguard, railway troops, FAPSI and civil defense troops). To carry out certain tasks in the field of defense, military formations under the federal executive authorities (engineering, technical and road construction), as well as bodies of the Service are involved foreign intelligence, FSB, FSB Border Service, government communications and information, state protection, providing mobilization training.
The Federal Law “On Defense” prohibits the creation and existence of formations that have military organization or weapons and military equipment, or involving the passage military service not provided for by federal laws.
Federal Law of 1997 “On mobilization preparation and mobilization in the Russian Federation" establishes the rights, duties and responsibilities of state authorities, local governments, as well as organizations, regardless of their form of ownership, and their officials, citizens of the Russian Federation in this area.
The 1993 Law of the Russian Federation “On State Secrets” regulates relations arising in connection with the classification of information as state secrets, their declassification and protection in the interests of ensuring the security of the Russian Federation. The provisions of this Law are binding on the territory of the Russian Federation and beyond its borders by bodies of representative, executive and judicial authorities, local self-government, enterprises, institutions and organizations, regardless of their organizational and legal form and form of ownership, officials and citizens of the Russian Federation who have taken on obligations or obligated by their status to fulfill the requirements of the legislation of the Russian Federation on state secrets.
The basis for the legal regulation of ensuring public safety is the norms of constitutional, administrative, civil, criminal, criminal procedural and civil procedural law. Constitutional legislation as the basis of sectoral legislation must correspond to the dynamics of ongoing events in the world and in Russian society, which makes it possible to timely adjust industry laws and adequately respond to threats to national security. Norms civil law regulate property and personal non-property relations associated with them, based on the principles of property and administrative independence of state bodies that form the system of ensuring public security in Russia. The norms of criminal and criminal procedural law regulate relations related to the investigation of crimes within the competence of state bodies that form the system of ensuring public safety. Norms administrative law regulate the formation of a system for ensuring public security, its structure, position in the state mechanism, main areas of activity, relationships between government bodies, non-governmental organizations and individuals. Accordingly, the activities of state authorities and local governments regulated by administrative legal norms to ensure the implementation of administrative and public security requirements established in regulatory and individual legal acts for individuals and legal entities can be defined as administrative and public security.
The main task defined in the legislation on administrative offenses is to ensure public safety (Article 1.2 of the Code of Administrative Offenses of the Russian Federation). The Code of Administrative Offenses of the Russian Federation provides administrative responsibility for violation of fire safety (Article 8.32), sanitary safety(Article 8.31), industrial safety (Article 9.1), safety of hydraulic structures (Article 9.2). Chapter 11 of the Code of Administrative Offenses of the Russian Federation is devoted to the consideration administrative offenses in transport (Article 11.1, 11.2, 11.5, 11.6, 11.10), Chapter 12 - administrative offenses in the field traffic(Article 12.5, 12.6, 12.34), Chapter 20 – administrative offenses encroaching on public order and public safety.
In the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), criminal law norms regulate relations in the field of public security that arise when the most socially dangerous acts (crimes) are committed. For example, Chapter 24 of the Criminal Code of the Russian Federation provides criminal liability for crimes against public safety: terrorism (Article 205 of the Criminal Code of the Russian Federation), banditry (Article 209 of the Criminal Code of the Russian Federation), mass riots(Article 212 of the Criminal Code of the Russian Federation), as well as crimes in the sphere of production, in violation of safety rules at explosive facilities (Article 217 of the Criminal Code of the Russian Federation), at nuclear energy facilities (Article 215 of the Criminal Code of the Russian Federation), fire safety (Article 219). Chapter 32 of the Criminal Code of the Russian Federation provides for criminal liability for crimes against the order of management, namely an attack on the life of an employee law enforcement agency(Article 317), violation of the rules for performing security services public order and ensuring public safety (Article 343).
In the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), civil law norms are used to regulate the provision of public safety of individuals and legal entities, as well as the state. So, in Art. 1 of the Civil Code of the Russian Federation talks about ensuring the defense of the country and the security of the state. Civil law rules are used to establish civil liability for harm caused. So, in accordance with Art. 1079 Civil Code of the Russian Federation legal entities and citizens whose activities are associated with an increased danger to others are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose as a result of force majeure or the intent of the victim.
Another important regulatory legal act regulating public relations in the field of ensuring public security is the National Security Strategy of the Russian Federation (hereinafter referred to as the Strategy). Strategy is a basic document for planning the development of the National Security Council of the Russian Federation, which sets out the procedure and measures to ensure national security.
The Strategy defines the elements of the national security system: “national interests of the Russian Federation”, “threat to national security”, “strategic national priorities”, as well as the SONB as “forces and means of ensuring national security”. At the same time, the forces for ensuring national security are “the Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal legislation provides for military and (or) law enforcement service, as well as federal government bodies taking part in ensuring the national security of the state on the basis legislation of the Russian Federation; means of ensuring national security - “technologies, as well as technical software, linguistic, legal, organizational means, including telecommunication channels, used in the system of ensuring national security for collecting, generating, processing, transmitting and receiving information about the state of national security and measures to strengthen it "
It seems that such a definition of the National Security Council is inaccurate, since it does not take into account the role of the non-state (public) National Security Council, which is an integral part of the holistic general National Security Council of any democratic country. The initial prerequisites for its existence are: firstly, the presence of such a type of management as public; secondly, the difference between the state and civil society; thirdly, recognition of the priority of personal security over the security of society and the state. The public SONB includes local governments, non-state security services and detective agencies, non-state (private) notaries, the bar, public associations and individual citizens. Therefore, the SNSS should be considered as a set of state and non-state systems, the joint functioning of which creates stability in the state and the necessary balance of interests of the individual, society and the state.
Among the regulatory legal acts, one can also name the Military Doctrine of the Russian Federation, which is a set of official views (attitudes) that define the military-political, military-strategic and military-economic foundations for ensuring the military security of the Russian Federation. In this doctrine, among the main tasks of the Armed Forces of the Russian Federation and other troops participating in internal armed conflicts, ensuring public security and stability, maintaining legal regime state of emergency in the conflict area and strengthening the protection of public order and security in areas adjacent to the conflict area.
In the system of legal regulation under consideration, departmental and local regulations in the field of security should also be highlighted. These include regulations that are issued by bodies of special competence and apply to the conduct of administrative affairs and the behavior of persons included in the relevant subsystems of public administration (ministry, service, agency, management, etc.). Systematization of the content of these documents shows that they define: objects of public safety; features of possible dangers and threats in various spheres of life, as well as in emergency situations; content of technical and economic aspects when working with classified information, etc.
Thus, the sphere of public security, which includes public relations related to the prevention or elimination of threats to the life and health of people, property, the environment, state and public institutions, is regulated by almost all branches of law of the Russian Federation. However, the current state of the Russian legal system in the field of ensuring public safety is at the stage of formation. The fundamental regulatory legal acts in the field of ensuring public safety are the Federal Law “On Security”, the National Security Strategy of the Russian Federation, the Concept of Public Security of the Russian Federation. The main task of improving this area is the formation of a flexible legal system that adequately responds to ongoing economic and socio-political changes in the country, guaranteeing the necessary level of public safety. It is relevant to systematize legislation in the field of ensuring public safety in areas of public relations and in branches of law. In order to improve federal legislation, it is advisable to adopt the Federal Law “On the National Security of the Russian Federation” and other legal regulations arising from the Concept of Public Security (CPS).
It should be borne in mind that, in accordance with the COB, at the second stage of its implementation (2017–2020), comprehensive targeted programs for the prevention of crime must be approved, and monitoring of their implementation is planned. Moreover, federal and regional programs are considered by Federal Law No. 182-FZ of June 23, 2016 “On the fundamentals of the prevention system in the Russian Federation” as the main planning and political documents for crime prevention. They must contain a specific program of practical actions agreed upon in terms of goals, objectives, conditions, place and time to ensure public safety. The meaning of COB also implies the need legal regulation ensuring public safety at the regional and local levels. One should agree with the opinion of leading security expert Professor A.M. Voronov on the advisability of adopting regional laws"On Public Safety". Within the limits of their competence, local government bodies have the right to adopt normative legal acts to ensure public safety.
Footnotes:
See about this, for example: Galuzin A.F. Legal security and its principles. – St. Petersburg: Publishing house of R. Aslanov “Legal Center Press”, 2008. – P. 5–10, etc.; Legal basis for ensuring national security of the Russian Federation / Ed. A.V. Opaleva. – M., 2004.
Samorodov N.M. Improving the legal framework for ensuring national security in the Russian Federation // Constitutional and municipal law. – 2011. – No. 5. – P. 19.
Alekseev S.S. General theory rights. T. 1. – M., 1982. – P. 289.
Alekseev S.S. Decree. Job. T. 2. – P. 26.
Alekseev S.S. Decree. Job. T. 1. – P. 287.
Kardashova I.B. Ministry of Internal Affairs of Russia in the system of ensuring national security of the Russian Federation. dis. ... Doctor of Law. Sci. – M., 2006. – P. 95.
« Universal Declaration human rights" (Adopted on December 10, 1948 by the UN General Assembly) // Russian newspaper. – 1995. April 5.
International Covenant of December 16, 1966 “On Economic, Social and Cultural Rights” // Bulletin Supreme Court Russian Federation. – 1994. – No. 12.
International Covenant of December 16, 1966 “On Civil and Political Rights” // Bulletin of the Supreme Court of the Russian Federation. – 1994. – No. 12.
International Covenant of December 16, 1966 “On Civil and Political Rights”; Optional Protocol to the International Covenant “On Civil and Political Rights” of December 19, 1966 // Bulletin of the Supreme Court of the Russian Federation. – 1994. – No. 12.
Federal Law of December 28, 2010 No. 390-FZ “On Security” // SZ RF. – 2011. – No. 1. – Art. 2.
Federal Law of May 31, 1996 No. 61-FZ “On Defense” (as amended on November 9, 2009) // SZ RF. – 1996. – No. 23. – Art. 2750.
Federal Law of February 26, 1997 No. 31-FZ “On mobilization preparation and mobilization in the Russian Federation” (as amended on March 9, 2010) // Russian newspaper. – 1997. May 3.
Law of the Russian Federation of July 21, 1993 No. 5485-1 “On State Secrets” (as amended on March 8, 2015) // Russian newspaper. – 1993. September 21.
Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on April 3, 2017) // SZ RF. – 1996. – No. 25. – Art. 2954.
Civil Code Russian Federation (part one" dated November 30, 1994 No. 51-FZ (as amended on March 28, 2017) // Russian newspaper. - 1994. December 8; Civil Code of the Russian Federation (part two) dated January 26, 1996 . No. 14-FZ (ed. dated March 28, 2017) // Russian newspaper - 1996. February 6–10;
About the National Security Strategy of the Russian Federation. Decree of the President of the Russian Federation of December 31, 2015 No. 683 // SZ RF. – 2016. – No. 1 (part II). – St. 212.
Decree of the President of the Russian Federation of February 5, 2010 No. 146 “On the Military Doctrine of the Russian Federation” // Rossiyskaya Gazeta. – 2010. February 10.
Federal Law of June 23, 2016 No. 182-FZ “On the fundamentals of the prevention system in the Russian Federation” // SZ RF. – 2016. – No. 26 (Part 1). – St. 3851.
Voronov A.M. Public Safety Concept: Issues legal implementation// Fifth Perm Congress of Legal Scientists (Perm, October 34–25, 2014). Selected materials / Rep. ed. V.G. Golubtsov, O.A. Kuznetsova. – M.: Statute, 2015.
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