Other (law enforcement) security agencies. Internal Affairs Bodies as a Subject of Ensuring Public Security

Ministry of Internal Affairs Russian Federation

Belgorod Law Institute Department of “Criminal Procedure” Discipline “Law Enforcement Agencies in the Russian Federation”ABSTRACT

on this topic: "Ensuring Law Enforcement"

police private

Lovin V.A.

Belgorod - 2008

II.Additional:

1. “Oh internal troops ah of the Ministry of Internal Affairs of the Russian Federation” Federal Law of the Russian Federation of February 6, 1997 // SZ. 1997. No. 6. Article 711.

3. Regulations on the Ministry of Internal Affairs: Decree of the President of the Russian Federation of July 18, 1996 // SZ. 1996. No. 30. Article 3605.

4. Regulations on the Federal Security Service of the Russian Federation: Decree of the President of the Russian Federation of July 6, 1998 // SZ. 1998. No. 28. Article 3320.

5. Regulations on the public security police (local police) in the Russian Federation: Decree of the President of the Russian Federation of February 12, 1993 // SZ. 1993., No. 7. Art.5b2.

Introduction.

The Constitution of the Russian Federation proceeds from the fact that Russia will develop in an evolutionary way on the basis of the consent of all main layers of society with full and unconditional respect for the rights and freedoms of citizens, which are called the highest value in it, with the imposition on the state of obligations of recognition, compliance and protection (Article .2 Constitution of the Russian Federation). It is impossible to protect the rights and freedoms of citizens outside of society, therefore one of the tasks of law enforcement agencies is to ensure the protection of law and order.

The lecture will discuss issues related to law enforcement, as well as the competence and structure of the bodies carrying out this type activities.

One of the central places in the system of law enforcement agencies of the Russian Federation is occupied by the internal affairs bodies, which provide a significant amount of work to protect public order and ensure public safety, strengthen the rule of law, protect human rights and freedoms, protect the legitimate interests of state and non-state enterprises, organizations of various forms of ownership and labor collectives to combat crime and other offenses.

The Regulations on the Ministry of Internal Affairs of the Russian Federation, approved by Decree of the President of the Russian Federation of July 18, 1996 No. 1039, assigns the following main tasks to the Ministry of Internal Affairs:

Development and adoption, within its competence, of measures to protect human and civil rights and freedoms, protect objects regardless of the form of ownership, ensure public order and public safety;

Organization and implementation of measures to prevent and suppress crimes and administrative offenses, identifying, solving and investigating crimes;

Management of internal affairs bodies and internal troops in order to fulfill the tasks assigned to them and take measures to improve their activities;

Improving the regulatory legal framework for the activities of internal affairs bodies and internal troops, ensuring the legality of their activities and some others.

The system of internal affairs bodies is headed by the Ministry of Internal Affairs of the Russian Federation. The main structural links of this system are the Ministries of Internal Affairs (MVD) of the republics, the main departments of internal affairs (GUVD) and internal affairs departments (internal affairs departments) of territories, regions and other constituent entities of the Russian Federation, departments (departments) of internal affairs on railway, air and water transport(UVDT, OVDT), departments and departments of the 8th Main Directorate of Internal Affairs (at sensitive facilities), regional departments for combating organized crime (RUBOP). In addition, the structure of the Ministry of Internal Affairs also includes the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation, the main investigative departments, departments (divisions, divisions, groups) under the internal affairs bodies of the constituent entities of the Federation, cities, districts, as well as in transport, the Main Directorate of the State Fire Service (GUGPS) , district departments of material, technical and military supply (OUMT and VS), educational institutions (Academy of Management, St. Petersburg University, institutes, higher schools, specialized secondary educational establishments), the All-Russian Scientific Research Institute (VNII) and other research institutions, as well as other divisions, enterprises, institutions and organizations created to carry out the tasks assigned to the internal affairs bodies. The system of the Ministry of Internal Affairs of the Russian Federation also includes internal troops.

The legal basis for the activities of the Ministry of Internal Affairs is: the Constitution of the Russian Federation, federal laws, acts State Duma, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, principles and norms international law, international treaties of the Russian Federation, Regulations on the Ministry of Internal Affairs of the Russian Federation, as well as orders, instructions and other regulations of the Ministry of Internal Affairs of the Russian Federation.

The Ministry of Internal Affairs of the Russian Federation builds its activities in accordance with the principles of respect and observance of human and civil rights, legality, humanism, transparency, interaction with government authorities and management, public associations, citizens, and the media.

In accordance with the assigned tasks, the Ministry of Internal Affairs of the Russian Federation determines the main priority areas of activity of internal affairs bodies, develops and implements comprehensive programs to improve their activities, participates in the formation and implementation of state federal target programs in the field of law enforcement and the fight against crime.

The Ministry of Internal Affairs organizes and conducts Scientific research problems of maintaining public order, prevention, detection, detection and investigation of crimes, security traffic and fire safety, the activities of internal troops in difficult conditions, development and design and technological work, ensures the introduction of achievements of science, technology and positive work experience into the activities of internal affairs bodies.

The internal affairs bodies have widely summarized the practice of applying legislation on issues within the competence of the Ministry of Internal Affairs, proposals are being developed to improve the current legislation, and draft regulations related to the regulation of the activities of internal affairs bodies are being prepared. The higher authorities of the Ministry of Internal Affairs system organize the provision of methodological and practical assistance to subordinate bodies and units on all issues within their competence.

In implementing its functions, the Ministry of Internal Affairs of the Russian Federation organizes throughout the Russian Federation: operational investigative activities in accordance with the Law on Operational Investigative Activities, expert and forensic activities of internal affairs bodies; investigation of crimes (in the form of inquiry and preliminary investigation) in criminal cases assigned by the criminal procedural law to the competence of internal affairs bodies; ensures the execution of criminal procedural duties by internal affairs bodies. The Ministry of Internal Affairs manages the criminal police, public security police and other services, during which it provides assistance to subordinate internal affairs bodies in identifying, solving and investigating crimes; carries out, within the competence of internal affairs bodies, work to identify, disclose and investigate serious crimes that are interregional in nature or have a special public importance; takes measures to combat organized crime, corruption, illicit trafficking in weapons and drugs; participates in the implementation of measures to combat terrorism, smuggling, protect the state border, and ensure the security of representative offices of foreign states.

The Ministry of Internal Affairs organizes on the territory of the Russian Federation a search for persons who have committed crimes and have fled from the bodies of inquiry, investigation and court, evading serving a criminal sentence, missing persons and other persons in cases provided for by law; identification of unidentified corpses, search for stolen property. IN necessary cases The Ministry of Internal Affairs coordinates the activities of internal affairs bodies to prevent crimes and other offenses and protect public order.

The structural divisions of the Ministry of Internal Affairs ensure compliance with the requirements of the passport, visa and permitting systems, establishing rules for entry, exit, stay and transit passage through the territory of the Russian Federation for foreign citizens and stateless persons. In addition, they protect property under contracts, issue permits (licenses) to engage in private detective and security activities and control them.

The Ministry of Internal Affairs of the Russian Federation directs police detachments special purpose(OMON), special motorized police units; organizes the protection of public order during mass events on a republican scale. The Ministry of Internal Affairs, if necessary, participates along with other competent authorities in ensuring (in accordance with the law) the legal regime of a state of emergency or martial law in cases of their introduction on the territory of the Russian Federation or in its individual localities. The Ministry of Internal Affairs and its local bodies participate in carrying out quarantine measures during epidemics and epizootics.

The Ministry of Internal Affairs is entrusted with the management of the State Fire Service. The Ministry of Internal Affairs of the Russian Federation is obliged to carry out operational management of the forces and means of internal affairs bodies involved in eliminating the consequences of major accidents, catastrophes, fires, natural disasters and other emergency events (i.e. special conditions); organizes work on the territory of the Russian Federation to identify and eliminate the causes and conditions of fires, and directly organizes the extinguishing of large fires.

The structural divisions of the Ministry of Internal Affairs develop rules, standards and other regulations in the field of ensuring road safety. Within its competence, it takes measures to improve its organization and prevent road accidents, implement intergovernmental agreements on the development of international road transport; organizes work on registration and accounting of cars Vehicle, issuance of licenses for the right to drive motor vehicles; heads the State Road Safety Inspectorate (STSI).

The internal affairs bodies carry out activities on social rehabilitation persons who have served a criminal sentence and have lost socially useful connections.

The work of detecting, investigating and preventing crimes and offenses is greatly assisted by the nationwide reference and information funds and records formed and maintained by the Ministry, and automated data banks (ADBs), which are necessary for the effective operation of internal affairs bodies. Organized departmental statistics of crimes and administrative offenses are also aimed at this.

On issues of organizing the protection of public order and the fight against crime, the Ministry of Internal Affairs establishes and maintains contacts with law enforcement agencies of foreign countries. To this end, it cooperates in the manner prescribed by law with government and law enforcement agencies of foreign countries, as well as with foreign and international non-governmental organizations on issues within the competence of internal affairs bodies, participates in the preparation of draft international treaties and agreements, and organizes their implementation on issues falling under the jurisdiction of the Ministry of Internal Affairs.

The Ministry of Internal Affairs is subordinate to the President of the Russian Federation on issues within its competence by the Constitution and legislative acts of the Russian Federation, as well as to the Government of the Russian Federation.

The Ministry of Internal Affairs is headed by a minister who, like his deputies and the Commander-in-Chief of the Internal Troops, is appointed and dismissed by the President of the Russian Federation at the proposal of the Government of the Russian Federation. Management of specific areas of activity of the Ministry of Internal Affairs in accordance with the distribution functional responsibilities carried out by deputy ministers and the commander-in-chief of internal troops.

A board is formed in the Ministry of Internal Affairs consisting of the minister, his deputies, the commander-in-chief of the internal troops (ex officio) and senior employees of the internal affairs bodies. The number of members of the board is established by the President of the Russian Federation.

The composition of the board, except for persons included in its composition ex officio, is approved by the Government of the Russian Federation. The Collegium considers the most important questions activities of internal affairs bodies and internal troops. Decisions of the board are made by a majority vote and then announced by order of the Minister of Internal Affairs of the Russian Federation.

Decisions made at joint meetings of the boards of the Ministry of Internal Affairs and other ministries and departments of the Russian Federation are announced by joint orders of the Minister of Internal Affairs and the heads of the relevant ministries and departments.

2. Police, like component Department of Internal Affairs: its tasks, structure, rights and responsibilities.

One of the main structural units of the internal affairs bodies is the police, which maintains public order and fights crime in the Russian Federation. The legal basis for its activities is the Law of the RSFSR “On the Police” adopted on April 18, 1991. This Law for the first time comprehensively regulates legal status police, its organizational structure is determined, as well as the place and role of the police in society and the state. At the level of a normative act of the highest legal force, social relations concerning the legal protection of life, health, rights and freedoms of citizens, all types of property, as well as the interests of society and the state from criminal and other unlawful attacks have received legal regulation. With the adoption of this Law, a number of fundamental changes occurred in the activities of law enforcement agencies, and primarily the police. The adoption of the Law on the Militia, one might say, means that “the processes of democratization have finally led to widespread awareness of a position long recognized by the international community, according to which officials who guard the law must be free in their activities from political bias, maintaining “political neutrality” under all conditions and serving only the law and the people.”

In the Law on Police (Article 2) in to a certain extent the idea of ​​​​de-universalization of the police was embodied, which subsequently found its way further development in the Federal Law of March 31, 1999 “On Amendments and Additions to the Law of the RSFSR “On the Police””, which currently allowed it to leave the following tasks to it:

Ensuring personal security;

Prevention and suppression of crimes and administrative
offenses;

Identification and detection of crimes;

Maintaining public order and ensuring public safety;

Protection of private, state, municipal and other forms of property;

Providing assistance to physical and legal entities in protecting their rights and legitimate interests within the limits established by this Law.

The solution to the first task is ensured by the police within the framework of the powers granted to prevent threats to the life, health, dignity and property of citizens. Such a threat may arise as a result of some or someone’s illegal actions or inaction on the part of some person.

In fulfilling the second task, the police are called upon to identify circumstances, causes and conditions conducive to the commission of offenses, and, within the limits of their competence, take measures to neutralize, weaken or eliminate them. This task also involves the prevention of planned and prepared crimes.

The task of ensuring the detection and detection of crimes is very important and complex. Carrying out this task, the police carry out activities aimed at detecting, identifying crimes, identifying and searching for the persons who committed them, as well as ensuring compensation for damages caused as a result of the crime. material damage and compensation for moral damage.

Carrying out the task of protecting public order and ensuring public safety, the police are called upon to maintain the order of relations between people established by legal norms when they are in different places; prevent or reduce the threat to the life, health and property of citizens, for example, created by some source increased danger(weapons, motor vehicles) or resulting from some emergency events (disasters, floods, major fires, natural disasters, accidents with serious consequences, etc.).

In accordance with the Law on the Police, it is divided into the criminal police and the public security police, which are the investigative bodies.

The main tasks of the criminal police are: identifying, preventing, suppressing and solving crimes in cases in which preliminary investigation is mandatory, i.e. the most dangerous crimes; organization and implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading the execution of criminal punishment, missing persons and other persons in cases provided for by law.

To solve these problems, operational investigative units have been created and are functioning within the criminal police: criminal investigation; to combat crimes in the economic sphere; forensic forensics. The criminal police also includes specialized units for combating organized crime: the Main Directorate for Combating Organized Crime (GUBOP) - within the Ministry of Internal Affairs of the Russian Federation and regional departments for combating organized crime (RUBOP) - in the relevant regions of the Russian Federation. The competence of these units is mixed; they fight crimes both through criminal investigation and through the fight against economic crime.

The listed units are called upon to carry out the tasks facing the criminal police, and, if necessary, provide assistance to the public security police.

The heads of the criminal police are appointed and dismissed by the head of a higher internal affairs body. The heads of the criminal police are at the same time deputy heads of the relevant internal affairs bodies. The criminal police are financed from the federal budget.

Due to the fact that the activities of the criminal police are aimed at achieving goals that go beyond local interests, and require independence from local influences, the law removed the criminal police from subordination to local authorities, maintaining its subordination and control only vertically - to a higher body of internal affairs. business

Unlike the criminal police, the public security police (PSM) is called upon to solve the following main tasks: ensuring personal security, public safety; protection of property and public order; identification, prevention and suppression of crimes and administrative offenses; disclosure of crimes in cases in which preliminary investigation is not necessary; search for certain categories of persons whose location is within the competence of the Ministry of Defense.

The size of the public security police is approximately 60% of the total police force. The MOB includes: duty units, units of the State Road Safety Inspectorate with the road patrol service, units of the patrol service, local police officers, police units private security, temporary detention centers for suspects and accused (IVS), special police units (OMON), units for the prevention of juvenile delinquency, specialized inquiry units, and some others.

The activities of the public security police are to a greater extent designed to resolve issues at the local level, in connection with which it is subordinate and controlled not only by a higher internal affairs body, but also by state authorities of the constituent entities of the Federation and local governments, i.e., it has double subordination. At the same time, based on the requirements of the law, these bodies do not have the right to interfere in the criminal procedural, operational and investigative activities of the police and their proceedings in cases of administrative offenses.

Currently, the executive authorities of the constituent entities of the Russian Federation have the right to create, reorganize and liquidate, in agreement with the Ministry of Internal Affairs of the Russian Federation, police units maintained at the expense of the budget of the constituent entity of the Federation and the local budget. State authorities of the constituent entities of the Federation and local governments can increase, within the limits of available funds, the costs of maintaining the police, as well as establish additional staffing levels for public security police units.

The head of the public security police is the deputy head of the internal affairs agency. The head of the public security police of a subject of the Federation is appointed (dismissed) by the executive body of that subject upon the recommendation of the Minister of Internal Affairs (chief of the Main Internal Affairs Directorate, Department of Internal Affairs). The head of the public security police of the city (district) is appointed by the minister, the head of the Main Internal Affairs Directorate, the Department of Internal Affairs in agreement with the relevant local government body.

Thus, local governments received a number of opportunities to really influence the activities of the public security police. And yet it cannot yet be identified with the municipal police in its “ pure form“, since the double subordination and control of the public security police (not only to local governments, but also to a higher internal affairs body) remains.

3. Other structural units of the Ministry of Internal Affairs of the Russian Federation

A complete understanding of the areas of activity of the Ministry of Internal Affairs of the Russian Federation cannot be achieved without highlighting its other important and fairly large structural parts.

1. The Investigative Committee under the Ministry of Internal Affairs of the Russian Federation, in accordance with Decree of the President of the Russian Federation of November 23, 1998 No. 1422 “On measures to improve the organization of preliminary investigation in the system of the Ministry of Internal Affairs of the Russian Federation,” is a body that ensures, within its powers, the implementation of legislation on criminal proceedings and heads of preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation. In addition to providing organizational and methodological guidance to the activities of subordinate preliminary investigation bodies, the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation also exercises procedural control over the conduct of the preliminary investigation and organizes the investigation of crimes in the most complex criminal cases.

The Investigative Committee is headed by a chief who reports directly to the Minister of Internal Affairs, being at the same time his first deputy.

Within the Investigative Committee, zonal control units and methodological support preliminary investigation. In addition to them, the investigative part also functions (with management rights). Specialized units are created within the Investigative Committee and its investigative unit (for example, to investigate criminal cases involving crimes in the economic sphere, organized criminal groups, etc.). In pursuance of the above-mentioned Decree of the President of the Russian Federation, a Regional Directorate for the Investigation of Organized Criminal Activities in the North Caucasus was formed within the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation. The activities of the Investigative Committee are carried out on a subject-zonal basis based on long-term and current plans.

The main tasks of the Investigative Committee are:

Ensuring, within the limits of competence, the protection of the individual, his rights and freedoms, property, as well as the rights of enterprises, institutions and organizations from criminal attacks through a comprehensive, complete and objective investigation of crimes, correct application the law and bringing those responsible to justice;

Improving investigative work on the basis of introducing into practice the achievements of science and technology, best practices, progressive forms of organization and methods of preliminary investigation;

Monitoring compliance with the law during the preliminary investigation; ensuring procedural independence of investigators;

Selection, placement and training of personnel; improving the professional skills of investigative workers, providing assistance in the social and welfare provision of employees.

In accordance with the tasks assigned to it, the Investigative Committee has certain functions relating to: analysis and synthesis of information on the state of crime, the results of the activities of the investigative apparatus; studying investigative and judicial practice on cases of the most dangerous and widespread crimes in the regions of the Russian Federation; planning investigative work; organizing the work of preliminary investigation bodies, monitoring their activities, providing them with methodological and practical assistance; ensuring interaction between investigative units and services and units of the criminal police and public security police; studying, summarizing and disseminating positive work experience; personnel and resource support for the activities of preliminary investigation bodies; other areas of work.

The structural structure and organization of the work of investigative departments (investigative departments) under the Ministry of Internal Affairs of the republics, the Main Internal Affairs Directorate, the Internal Affairs Directorate, and the Department of Internal Affairs are approximately similar. The head of the investigative department (department) reports directly to the head of the relevant internal affairs body (minister, head of department), being at the same time his deputy, as well as the head of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation.

Investigative units under city and district internal affairs bodies and internal affairs bodies in transport investigate the bulk of criminal cases involving crimes of general criminal jurisdiction committed on the territory of the Russian Federation. The heads of investigative units under these bodies report directly to the head of the relevant internal affairs body, being at the same time his deputies, as well as to the head of the higher investigative apparatus.

The heads of investigative units under city district authorities organize the work of the units under their supervision to perform the following tasks: quick and full disclosure crimes, exposing those responsible and ensuring the correct application of the law; taking measures during the investigation to compensate citizens and legal entities for damage caused by crimes; implementation of measures provided for by criminal procedural legislation to eliminate the causes and conditions that contributed to the commission of crimes.

The Main Directorate of the State Fire Service (GUGPS) of the Ministry of Internal Affairs of the Russian Federation, as an independent structural unit of the Ministry of Internal Affairs, heads the system of the State Fire Service of Russia. GUGPS is the federal body for state fire supervision in the Russian Federation, licensing and central certification body in the field of fire safety, as well as the state customer for fire fighting equipment and fire-technical products.

The main tasks of the GUGPS are:

Management of the State Fire Service system;

Organization and implementation: development of government measures and regulations in the field of fire safety; state fire supervision in the Russian Federation; unified scientific and technical policy in the field of fire safety; licensing and certification in the field of fire safety; interaction between fire services of ministries and departments, as well as international cooperation in the field of fire safety;

Organization of fire extinguishing and related priority rescue operations; organization vocational training personnel for the State Fire Service;

Contributing to improvement efforts social protection personnel of the State Fire Service;

Fire prevention propaganda, organization of interaction in the prescribed manner with the media;

Promoting the strengthening and comprehensive development of voluntary fire-fighting associations and formations in order to attract citizens to participate in the protection of settlements and enterprises from fires.

The GUGFS is headed by a chief who is the Chief State Inspector of the Russian Federation for Fire Supervision. The chief and his deputies are appointed and dismissed by the Minister of Internal Affairs. A Coordination Council on Fire Safety Issues is created under the Main Directorate for Fire Safety, the regulations on which and its composition are approved by the minister.

To summarize the above, it is necessary to conclude that in order to fulfill the above tasks, the following structural divisions have been formed in the structure of the GUGPS: organizations of Ms. supervision;

4. Internal troops of the Ministry of Internal Affairs of the Russian Federation

The system of the Ministry of Internal Affairs of the Russian Federation includes internal troops.

They consist of districts, compounds, military units, military educational institutions, institutions supporting the activities of internal troops and their control bodies.

In accordance with the Federal Law of February 6, 1997. No. 27-FZ “On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation”, internal troops are intended to ensure the security of the individual, society and the state, to protect the rights and freedoms of man and citizen from criminal and other unlawful attacks. For these purposes, the internal troops are assigned the following tasks:

Participation together with internal affairs bodies in maintaining public order, ensuring public safety and security state of emergency;

Security of important government facilities and special cargo;

Escort of convicted persons and persons in custody;

Participation in the territorial defense of the Russian Federation;

Providing assistance to the border troops of the Federal Border Service of the Russian Federation in protecting the State Border.

The activities of the internal troops are carried out on the basis of the constitutional requirements of legality, respect for the rights and freedoms of man and citizen, as well as the organizational foundations of unity of command and centralization of management.

The legal basis for the activities of the internal troops is the Constitution of the Russian Federation, the Federal Law “On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation,” federal laws and regulations of federal government bodies.

The official and special duties of military personnel of the internal troops and the procedure for their execution, in addition to the specified acts, are also determined by the general military regulations of the Armed Forces of the Russian Federation, the Charter of the Internal Troops of the Ministry of Internal Affairs of the Russian Federation and the regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation.

The recruitment of internal troops is carried out by the entry of citizens of the Russian Federation into military service under a contract, as well as by conscripting citizens for military service on an extraterritorial basis.

The law regulates the powers of state authorities of the Russian Federation and constituent entities of the Federation in the sphere of activities of internal troops. In particular, the powers of the President of the Russian Federation are as follows: he supervises the internal troops; approves the composition, strength and structure of the internal troops; makes decisions on the deployment and redeployment of internal troops; makes decisions on the involvement of internal troops to participate together with internal affairs bodies in ensuring the state of emergency; appoints the Commander-in-Chief of the Internal Troops on the recommendation of the Minister of Internal Affairs and dismisses him from office, etc.

Corresponding powers have been granted in relation to internal troops Federal Assembly and the Government of the Russian Federation. They relate to legislative regulation of the activities of internal troops, their financial, logistical support and the resolution of other issues.

The competence of state authorities of the constituent entities of the Russian Federation in the sphere of activities of internal troops includes the powers and responsibilities of these bodies on issues of assistance to internal troops in organizing their activities. State authorities of the constituent entities of the Federation, within the limits of their powers: participate in the consideration of proposals of the Ministry of Internal Affairs of the Russian Federation on the formation of military units, the creation of military educational institutions and institutions of internal troops; create conditions for their activities in accordance with the law; organize the conscription of citizens for military service in the internal troops in accordance with federal law and ensure the needs of these troops in recruiting them with citizens subject to conscription for military service; attract, in urgent cases, the personnel of formations and units of internal troops at the place of their permanent deployment to eliminate the consequences of accidents, disasters, fires, natural disasters, epidemics and epizootics with mandatory notification of the Minister of Internal Affairs of the Russian Federation.

Certain responsibilities are provided by law for federal executive authorities and their officials in terms of assisting internal troops in their activities. For example, in relation to the Ministry of Defense of the Russian Federation, the Ministry of Railways of the Russian Federation, the Ministry of Transport of the Russian Federation, these responsibilities relate to the allocation of vehicles, weapons, equipment, and military transportation. The procedure for implementing the duties of these ministries and their officials is determined by the Government of the Russian Federation.

Tasks of national importance are determined by law for formations, operational military units and special motorized formations and military units.

These include: participation, together with internal affairs bodies, in localizing and blocking areas of emergency and areas of armed conflict; participation in taking measures to strengthen the protection of public order and public safety in various regions with emergency situations; participation in suppressing riots in populated areas and correctional institutions, etc. The law clearly regulates the procedure for carrying out the tasks assigned to the internal troops.

Military personnel of the internal troops are given the right to use physical force, special means, weapons, military and special equipment. The law provides for cases and procedures for their application.

Direct leadership of the internal troops is entrusted to the Minister of Internal Affairs of the Russian Federation, who is responsible for the legality of carrying out the tasks assigned to them. His powers to lead the internal troops are determined by the Regulations on the Ministry of Internal Affairs of the Russian Federation.

Structural unit central office The Ministry of Internal Affairs of the Russian Federation is the Main Command of Internal Troops (GKVV MVD RF). Internal troops are controlled by the Commander-in-Chief of the Internal Troops, who is also the Deputy Minister of Internal Affairs of the Russian Federation and appointed to the position by the President of the Russian Federation.

Operational-territorial formations of internal troops are districts, which include formations and military units, for whose personnel the direct commander is the commander of the troops of the district of internal troops.

Military councils are created in the GKVV and in the districts of the internal troops, which are permanent advisory bodies in the internal troops. The procedure for their formation and operation is determined by regulations approved by the President of the Russian Federation.

Thus, the ministers of internal affairs, heads of the main departments (directorates) of internal affairs of the constituent entities of the Federation are senior operational commanders in relation to the commanders of special motorized formations and military units of internal troops stationed on the territory of the corresponding constituent entities of the Federation. They have the right to involve these formations and units to participate together with the internal affairs bodies in the protection of public order, to exercise control over their activities, and also have a number of other powers.

Conclusion.

Thus, the tasks and functions of the Ministry of Internal Affairs within the regions (subjects of the Russian Federation), as well as cities and districts, are performed by the corresponding structural services and units of lower levels of the Ministry of Internal Affairs system. Their structure is built taking into account the volume and content of the work they perform. The Ministers of Internal Affairs of the republics within the Russian Federation are appointed in the manner established by the constitutions of these republics. The heads of the Main Internal Affairs Directorate of the Internal Affairs Directorate of the Internal Affairs Directorate are appointed by the Minister of Internal Affairs of the Russian Federation in agreement with the heads of local administrations. The heads of city and district internal affairs bodies are appointed by the ministers of internal affairs of the republics, the heads of the Main Internal Affairs Directorate, and the Internal Affairs Directorate in agreement with the heads of local administrations. The heads of linear internal affairs bodies in transport are appointed by the heads of the Department of Internal Affairs.

Local governments have received a number of opportunities to really influence the activities of the public security police. And yet it cannot yet be identified with the municipal police in its “pure form”, since the double subordination and control of the public security police (not only to local governments, but also to a higher internal affairs body) remains.

Let us also note that most of the public security police are supported by the budgets of the Russian Federation and its constituent entities. Apparently, one can regard the public security militia established Russian law, as a transitional step to the municipal police, the creation of which, most likely, will be the task of the further stage of development of local self-government in the Russian Federation.

The establishment in the future of municipal police, subordinate to local authorities, along with federal police, subordinate to the Ministry of Internal Affairs of the Russian Federation, will create an optimal model of the police system, ensuring in its activities a reasonable combination of the interests of the state and local government.

In order to fulfill the above tasks, the following structural divisions have been formed in the structure of the GUGPS: organizations of Ms. Supervision;

coordination and legal support of fire safety; organizational and analytical; licensing and certification; fire prevention propaganda, agitation and public relations; regulatory and technical; fire extinguishing; fire protection of objects; fire equipment and weapons and some others.

In its work, the GUGPS, along with regulations relating to the activities of the Ministry of Internal Affairs of the Russian Federation, is guided by the Federal Law “On Fire Safety” of December 21, 1994.

Ministers of Internal Affairs, heads of main departments (directorates) of internal affairs of the constituent entities of the Federation are senior operational commanders in relation to commanders of special motorized formations and military units of internal troops stationed on the territory of the relevant constituent entities of the Federation. They have the right to involve these formations and units to participate together with the internal affairs bodies in the protection of public order, to exercise control over their activities, and also have a number of other powers.

State control over the activities of internal troops is exercised by the President of the Russian Federation and the Government of the Russian Federation. Supervision over the implementation of laws by internal troops is carried out by Prosecutor General of the Russian Federation and the prosecutors subordinate to him.

Bibliography:

1. Law enforcement agencies of the Russian Federation: Textbook, ed. V.P. Bozhyova. -M., Spark. 2004. Ch. 9-10.

2. Law enforcement agencies of the Russian Federation: Collection of regulations. Compiled by: Safronov A.D., Sukhinin A.V. -M., Shield-M. 2000.

4. “On the Bodies of the Federal Security Service of the Russian Federation” Federal Law of the Russian Federation of April 3, 1995 // SZ. 1995. No. 15. Article 1269.

5. “Oh state security“Federal Law of the Russian Federation of May 27, 1996// SZ. 1996. No. 22. Article 2594.

6. “On the internal troops of the Ministry of Internal Affairs of the Russian Federation” Federal Law of the Russian Federation of February 6, 1997 // SZ. 1997. No. 6. Article 711.

8. Regulations on the Ministry of Internal Affairs: Decree of the President of the Russian Federation of July 18, 1996 // SZ. 1996. No. 30. Article 3605.

9. Regulations on the Federal Security Service of the Russian Federation: Decree of the President of the Russian Federation of July 6, 1998 // SZ. 1998. No. 28. Article 3320.

10. Regulations on the public security police (local police) in the Russian Federation: Decree of the President of the Russian Federation of February 12, 1993 // SZ. 1993., No. 7. Art.5b2.

11. Regulations on the apparatus of the Security Council of the Russian Federation: Decree of the President of the Russian Federation of March 22, 1998 // SZ. 1998. No. 14. Article 1536.

12. On the transfer of the penal system of the Ministry of Internal Affairs of the Russian Federation to the jurisdiction of the Ministry of Justice of the Russian Federation: Decree of the President of the Russian Federation of July 28, 1998 // SZ.1998. No. 31. Article 3841.

Law enforcement concept. general characteristics law and order in the Russian Federation. Legal basis for ensuring the protection of human and civil rights and freedoms, legally protected interests of society and the state. Law enforcement system. Principles of law enforcement. Forces and means of ensuring law enforcement.

Internal Affairs bodies of the Russian Federation. Objectives, functions, system and structure, legal basis organization and activities of the internal affairs bodies of the Russian Federation, their powers and competence. Federal laws “On the Police”, “On Operational-Investigative Activities”; Criminal Code of the Russian Federation; Code of Criminal Procedure of the Russian Federation; Code of Administrative Offenses of the Russian Federation; regulations on the Ministry of Internal Affairs of the Russian Federation, on the public security police of the Russian Federation, on preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation, resolutions of the Government of the Russian Federation on the structure of the public security police and on the structure of the criminal police. The main directions and forms of activity of internal affairs bodies.

System of internal affairs bodies of the Russian Federation: Ministry of Internal Affairs of the Russian Federation; Main Directorates of the Ministry of Internal Affairs of Russia for federal districts; Ministry of Internal Affairs of republics, Central Internal Affairs Directorate or Internal Affairs Directorate of territories, regions, cities federal significance, autonomous region, autonomous okrugs; ATC on railway, air, water (river and sea) transport (ATC); ATC in closed areas and sensitive facilities.

Services of the Ministry of Internal Affairs of the Russian Federation and its main structural units: public security police; criminal police; investigative apparatus; forensic forensic service; The Federal Migration Service; internal troops; information and analytical service; rear service; educational and research institutions; other services, divisions, enterprises, institutions and organizations.

Structural divisions of the Ministry of Internal Affairs of the Russian Federation (departments, investigative committee, bureaus, centers, etc.).

Powers of the Minister of Internal Affairs of the Russian Federation and the first heads of structural units of the system of internal affairs bodies of the Russian Federation. Collegiums and operational meetings in the system of internal affairs bodies of the Russian Federation.

The police in the system of internal affairs bodies of the Russian Federation, its tasks, functions, system, legal basis for organization and activities. Federal Law “On the Police”. Criminal police and public security police, their structure, powers and forms of activity.

Structural units of the criminal police fighting economic and tax crimes, with organized crime, with other types of crimes, their tasks, functions, powers, legal foundations of organization and activities.

Structural units of the public security police, their tasks, functions, powers, legal basis for organization and activities.

Expert forensic service of internal affairs bodies, its legal basis, tasks, functions, system, competence, powers and forms of activity.

Federal Migration Service, its tasks, functions, powers, system, legal basis of organization and activities.

Internal troops of the Ministry of Internal Affairs of the Russian Federation, their legal basis, tasks, functions, system, competence, powers and forms of activity.

Logistics services and staffing of internal affairs bodies, educational and research institutions in the system of the Ministry of Internal Affairs of Russia.

Personnel of internal affairs bodies and internal troops , their legal protection, material and social guarantees.

International organization Criminal Police (Interpol): legal basis, tasks, functions, structure and bodies; advisors; budget and resources; relations with other organizations. National Central Bureau (NCB) Interpol under the Ministry of Internal Affairs of the Russian Federation: legal basis, tasks, functions, main forms of activity. Legal results of the activities of Interpol and the National Central Bureau of Interpol under the Ministry of Internal Affairs of the Russian Federation

Traffic control authorities narcotic drugs t and psychotropic substances, their tasks, functions, system and structure, legal basis of organization and activities. Federal Law “On Operational Investigative Activities”; Criminal Code of the Russian Federation; Code of Criminal Procedure of the Russian Federation; Code of Administrative Offenses of the Russian Federation; Decrees of the President of the Russian Federation: “On improvement government controlled in the field of combating illicit trafficking in narcotic drugs and psychotropic substances”; RF “Issues of improving public administration in the Russian Federation”; “On the system and structure of federal executive authorities.” Regulations on the authorities for control over the circulation of narcotic drugs and psychotropic substances; departmental regulatory legal acts on the organization and activities of drug control authorities. The main structural links of the system: Federal Service of the Russian Federation for Control of Traffic in Narcotic Drugs and Psychotropic Substances; main departments for control over the circulation of narcotic drugs and psychotropic substances in federal districts; regional departments and departments of the Russian Federation for control over the circulation of narcotic drugs and psychotropic substances in the constituent entities of the Russian Federation.

Powers of authorities to control the circulation of narcotic drugs and psychotropic substances. Powers of the Director Federal service of the Russian Federation for control over the circulation of narcotic drugs and psychotropic substances and the first leaders of the structural links of the drug control system. Boards and operational meetings in the drug control system.

Personnel of bodies for control over the circulation of narcotic drugs and psychotropic substances, their legal protection, material and social guarantees.

Other (law enforcement) security agencies

The system of security agencies, along with government, military, medical and other institutions, includes law enforcement agencies. We have already discussed some of them above: Ministry of Internal Affairs, FSB, FSO.

Let's look at a number of other bodies and systems that protect our rights and freedoms. These include: courts, justice authorities, prosecutorial authorities, crime investigation authorities.

Law enforcement is an activity specifically authorized bodies on behalf of the state to ensure legality, law and order, protect the rights and legitimate interests of society, the state, public and other associations of citizens, combat crimes and offenses through the use of legal measures in accordance with the law, including coercive measures.

Main areas of law enforcement activity:

1. constitutional control;
2. justice;
3. organizational support for the activities of courts;
4. prosecutor supervision;
5. detection and investigation of crimes;
6. providing legal assistance and defense in criminal cases.

The objectives of law enforcement activities are:
1. protection of law and order;
2. protection of human rights and freedoms;
3. fight against crime and other offenses;
4. prevention of crimes and other offenses.

The system of law enforcement agencies of the Russian Federation consists of:

1. Constitutional Court of the Russian Federation and constitutional courts subjects of the Russian Federation;
2. federal courts general jurisdiction, federal arbitration courts, magistrates' courts;
3. bodies providing organizational support for the activities of courts: Judicial Department at Supreme Court RF, Bailiff Service and other services of the Ministry of Justice of the Russian Federation, etc.;
4. prosecutor's office (civil, military and other specialized);
5. bodies of inquiry and preliminary investigation (police, investigative units of the FSB, internal affairs, etc.);
6. bodies providing legal assistance(bar, notary);
7. non-state law enforcement agencies (private security companies, private detective agencies, security services of financial and economic structures).

Law enforcement activities can only be carried out through the use of legal measures. These are measures of state coercion and penalties regulated by law. For example, a punishment may be imposed for a crime; for damage to property that does not entail criminal liability, an obligation may be imposed to compensate for this damage; for not fulfilled contractual obligation it is possible to apply a property sanction; Driving while drunk may result in deprivation of your driver's license, etc. Among the legal measures important place is also given to measures to prevent illegal actions, their prevention, allowed only within established limits.

Another sign of law enforcement activity is that the legal measures applied during its implementation must strictly comply with the requirements of the law or other legal act. Only they can serve as the basis for applying a specific measure of influence and clearly define its content. The body applying such influence is obliged to punctually comply with the relevant instructions. For example, if the law allows for petty hooliganism committed for the first time, in particular, a fine in the amount of one tenth to half the minimum monthly wage, then this measure penalties can only be applied within these limits.

The third feature of law enforcement activity is that it is carried out in accordance with the procedure established by law, in compliance with certain procedures. For example, with the court discussing all the issues outlined by the procedural law. ensuring the secrecy of the meeting and other procedural rules. Violation of them may result in the decision being declared illegal and invalid.

The fourth feature of law enforcement activity is the presence of specially authorized government bodies, staffed by employees - mostly with legal training.

Preliminary investigation bodies

The investigation of criminal cases precedes their trial in court. The preliminary investigation is carried out by state authorized bodies. These are the investigative apparatus of the prosecutor's office, counterintelligence and internal affairs, as well as bodies that have the right to conduct inquiries in criminal cases - the police, the fire department, commanders of military units, officials of the customs service and tax service, captains of ships on long voyages, heads of winter quarters and some others) or operational-search activities (for example, counterintelligence agencies and foreign intelligence, operational units of the Main Directorate of Security of the Russian Federation, officials of the border troops).

Preliminary investigation bodies are vested with special powers, which are specified in the Code of Criminal Procedure of the Russian Federation. The preliminary investigation is divided into two forms: inquiry (a simplified form of investigation by inquiry officers based on obvious and simple matters) and preliminary investigation, carried out only by investigators and in full.

To ensure effective investigation of complex and non-obvious crimes, all legal systems of the world provide for auxiliary operational and investigative activities. According to the Law, “this is a type of activity carried out publicly and secretly by operational units of state bodies authorized to do so by a special Federal Law within the limits of their powers through operational investigative activities in order to protect the life, health, rights and freedoms of man and citizen, property, security security of society and the state from criminal attacks.”

In the Russian Federation, the right to carry out operational investigative activities is granted to operational units:
1. Internal Affairs bodies of the Russian Federation.
2. Federal security service agencies.
3. Federal authorities state protection.
4. Border service authorities of the Russian Federation.
5. Customs authorities of the Russian Federation.
6. Foreign intelligence services of the Russian Federation.
7. Ministry of Justice of the Russian Federation.
8. Federal Service for Drug Control.

Units carrying out operational investigative activities solve their tasks exclusively within the limits of their powers established by the laws of the Russian Federation. The list of bodies carrying out operational investigative activities can be changed or supplemented only by federal law. Managers specified bodies determine the list of operational units authorized to carry out operational investigative activities, their powers, structure and organization of work.

Article 6 of the Federal Law “On Operational Investigative Activities” defines an exhaustive list of operational investigative activities that can be carried out as part of this activity:
1. Survey.
2. Making inquiries.
3. Collection of samples for comparative research.
4. Test purchase.
5. Research of objects and documents.
6. Observation.
7. Personal identification.
8. Inspection of premises, buildings, structures, areas and vehicles.
9. Control of postal items, telegraph and other messages.
10. Listening to telephone conversations.
11. Retrieving information from technical communication channels.
12. Operational implementation.
13. Controlled delivery.
14. Operational experiment.

This list of operational-search activities can be changed or supplemented only by Federal Law.

During operational-search activities, they are used Information Systems, video and audio recording, filming and photography, as well as other technical and other means that do not harm the life and health of people and do not harm the environment.

Seminar – 2 hours

Plan:

The system of bodies responsible for maintaining law and order and ensuring security in the Russian Federation.

Security Council of the Russian Federation, its composition, main tasks and areas of activity.

Internal affairs bodies, their system and functions.

State security bodies: types and main areas of activity.

Other government bodies involved in maintaining law and order and ensuring security.

Considering first question, it is necessary to dwell on the concept of law and order and its main features, to reveal the concept and main directions of security. Name the system of bodies responsible for maintaining law and order and ensuring security in the Russian Federation.

When answering second question it is necessary to indicate the composition, main tasks and functions of the Security Council of the Russian Federation. Name the procedure for making and implementing decisions of the Security Council of the Russian Federation.

Replying to third question it is necessary to reveal the system and main directions of activity of the internal affairs bodies. Separately dwell on the structure and principles of the police, have an idea of ​​the responsibilities and rights of police officers.

By fourth question cadets and listeners must name the main tasks, powers of the Federal Security Service of the Russian Federation (FSB of Russia), its territorial bodies; characterize the security agencies in the troops and the border agencies of the FSB of Russia.

Studying fifth question involves familiarization with the activities of the Federal Customs Service of the Russian Federation (FCS of Russia), the Federal Tax Service Russian Federation (Federal Tax Service of Russia), Federal Service of the Russian Federation for Drug Control (FSKN of Russia), etc.

Control questions:

The concept of law and order and security.

Structure of the central apparatus of the Ministry of Internal Affairs of the Russian Federation.

Responsibilities and rights of police officers.

Private detective and security activities.

Additional literature:

Federal Law of May 27, 1996 N 57-FZ “On State Protection”

Regulations on preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation (approved by Decree of the President of the Russian Federation of November 23, 1998 No. 1422;

Regulations on the Ministry of Internal Affairs of the Russian Federation (approved by Decree of the President of the Russian Federation of March 1, 2011 N 248);

Model regulation on the territorial body of the Ministry of Internal Affairs of the Russian Federation for a constituent entity of the Russian Federation (approved by Decree of the President of the Russian Federation of March 1, 2011 No. 249);

Regulations on service in the internal affairs bodies of the Russian Federation (approved by Resolution of the Supreme Council of the Russian Federation dated December 23, 1992 No. 4202-1)

Regulations on the National Central Bureau of Interpol (approved by Decree of the Government of the Russian Federation of October 14, 1996 N 1190);

Regulations on the Federal Customs Service (approved by the Decree of the Government of the Russian Federation of August 21, 2004);

Regulations on the Federal Tax Service (approved by the Decree of the Government of the Russian Federation of September 30, 2004);

Instructions on the procedure for receiving, registering and resolving applications, messages and other information about incidents in the internal affairs bodies of the Russian Federation (approved by order of the Ministry of Internal Affairs of the Russian Federation dated May 4, 2010 No. 333);

Beketov M.Yu. Investigator of internal affairs bodies and the police: interaction in the investigation of crimes. Uch. allowance. M.: Shield-M, 2004;

Belokrylova E.A. Commentary on the Law of the Russian Federation “On Security” (article-by-article) – M., “Yustitsinform”, 2008;

Burtsev D.G. Interaction of tax authorities with internal affairs bodies during tax control // Audit statements, 2004 No. 5;