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

Ministry of the Interior 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 officer

Lovin V.A.

Belgorod - 2008

II.Optional:

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. Art.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. Art.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. Art.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 based on the consent of all the main strata of society with full and unconditional observance of the rights and freedoms of citizens, which are named in it the highest value, with the obligation of the state to recognize, observe and protect (Art. .2 of the 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 address issues related to the protection of law and order, as well as the competence, structure of the bodies that carry out this species activities.

One of the central places in the system of law enforcement agencies of the Russian Federation is occupied by 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, assign the following main tasks to the Ministry of Internal Affairs:

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

Organization and implementation of measures to prevent and suppress crimes and administrative offenses, detection, disclosure and investigation of 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 rule of law in 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 units of this system are the Ministries of Internal Affairs (MVD) of the republics, the Main Directorates of Internal Affairs (GUVD) and the Internal Affairs Directorates (ATC) of the territories, regions and other constituent entities of the Russian Federation, the departments (departments) of internal affairs on the railway, air and water transport(UVDT, OVDT), departments and departments 8 of the Main Department of Internal Affairs (at high-security 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 (departments, departments, groups) under the internal affairs bodies of the subjects of the Federation, cities, regions, as well as in transport, the Main Directorate of the State Fire Service (GUGPS) , district departments of material and technical and military supply (OUMT and Armed Forces), educational institutions (Academy of Management, St. Petersburg University, institutes, higher schools, secondary specialized educational establishments), the All-Russian Scientific Research Institute (VNII) and other research institutions, as well as other units, 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 are: 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 normative acts 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, publicity, interaction with state authorities and administration, 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 for the activities of internal affairs bodies, develops and implements comprehensive programs for improving their activities, participates in the formation and implementation of state federal targeted programs in the field of law enforcement and the fight against crime.

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

In the internal affairs bodies, a generalization of the practice of applying legislation on issues within the competence of the Ministry of Internal Affairs has been widely established, 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 bodies of the MIA system organize the provision of subordinate bodies and units of methodological and practical assistance on all issues within their competence.

Realizing its functions, the Ministry of Internal Affairs of the Russian Federation organizes on the scale of the Russian Federation: operational-search activities in accordance with the Law on operational-search activities, forensic activities of internal affairs bodies; investigation of crimes (in the form of inquiry and preliminary investigation) in criminal cases referred by the criminal procedure law to the competence of the internal affairs bodies; ensures the execution of criminal procedural duties by the internal affairs bodies. The Ministry of Internal Affairs manages the criminal police, the police of public security and other services, in the course of which it provides assistance to the subordinate bodies of internal affairs in identifying, disclosing and investigating crimes; carries out, within the competence of the internal affairs bodies, work to identify, disclose and investigate serious crimes that are of an interregional nature or have a special public importance; takes measures to combat organized crime, corruption, illegal arms and drug trafficking; participates in the implementation of measures to combat terrorism, smuggling, protect the state border, ensure the security of representative offices of foreign states.

The Ministry of the Interior organizes on the territory of the Russian Federation the search for persons who have committed crimes and hid 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 the internal affairs bodies in the prevention of crimes and other offenses, the protection of public order.

The structural subdivisions of the Ministry of Internal Affairs ensure the fulfillment of the requirements of the passport, visa and permit systems, the establishment of rules for the entry, exit, stay and transit through the territory of the Russian Federation of foreign citizens and stateless persons. In addition, they carry out the protection of property under contracts, the issuance of permits (licenses) to engage in private detective and security activities and control over it.

The Ministry of Internal Affairs of the Russian Federation leads the police units special purpose(OMON), special motorized police units; organizes the protection of public order during mass events of 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 areas. The Ministry of Internal Affairs and its local bodies participate in the quarantine measures during epidemics and epizootics.

The Ministry of Internal Affairs is entrusted with the leadership 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 the internal affairs bodies involved in the elimination of the consequences of major accidents, disasters, fires, natural disasters and other emergency events (i.e., in special conditions); organizes work on the territory of the Russian Federation to identify and eliminate the causes and conditions of fires, directly organizes the extinguishing of large fires.

Structural divisions of the Ministry of Internal Affairs are developing rules, standards and other regulations in the field of road safety. Within its competence, it takes measures to improve its organization and prevent traffic accidents, the implementation of intergovernmental agreements on the development of international road traffic; organizes work on registration and registration of cars Vehicle, issuance of certificates for the right to drive motor vehicles; supervises the State Road Safety Inspectorate (GIBDD).

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 on the disclosure, investigation and prevention of crimes and offenses is greatly assisted by the nationwide reference and information funds and records being formed and maintained by the Ministry, automated data banks (ADBs) necessary for the effective operation of the internal affairs bodies. The organized departmental statistics of crimes and administrative offenses is aimed at the same.

On the 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 states. To this end, it cooperates in the manner prescribed by law with governmental and law enforcement agencies of foreign countries, as well as with foreign and international non-governmental organizations on issues within the competence of the internal affairs bodies, participates in the preparation of draft international treaties and agreements, organizes their implementation on issues, under the jurisdiction of the Ministry of the Interior.

The Ministry of Internal Affairs is subordinate to the President of the Russian Federation on issues referred to 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 the Interior 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 duties are carried out by deputy ministers and the commander-in-chief of the internal troops.

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

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

Decisions adopted at joint meetings of the collegiums 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 obligations.

One of the main structural divisions 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 Militia" adopted on April 18, 1991. For the first time, this Law comprehensively regulates legal status militia, its organizational structure, as well as the place and role of the militia in society and the state are determined. At the level of a normative act of higher 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 encroachments, received legal regulation. With the adoption of this Law, a number of cardinal changes took place in the activities of law enforcement agencies, and especially the police. The adoption of the Law on the Militia, one might say, means that “the processes of democratization have finally led to a broad awareness of the position, long recognized by the international community, according to which officials who guard the law must be free in their activities from political predilections, maintaining "political neutrality" under any conditions and serving only the law and the people.

In the Law on Militia (Article 2) in to some extent the idea of ​​de-universalization of the police was embodied, which subsequently found its further development in the Federal Law of March 31, 1999 "On the Introduction of Amendments and Additions to the Law of the RSFSR "On the Police"", which at the present time has made it possible to leave the following tasks to it:

Ensuring the security of the individual;

Prevention and suppression of crimes and administrative
offenses;

Identification and disclosure of crimes;

Protection of public order and ensuring public safety;

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

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

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

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

A very important and difficult task is to ensure the detection and disclosure of crimes. In 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 the crime caused. material damage and compensation for moral damages.

Realizing 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 the norms of law when they are in different places; prevent or reduce the threat to life, health and property of citizens, for example, created by some source heightened danger(weapons, motor vehicles) or resulting from some extraordinary events (catastrophes, floods, major fires, natural disasters, accidents with serious consequences, etc.).

In accordance with the Law on Militia, it is subdivided into criminal militia and public security militia, which are bodies of inquiry.

The main tasks of the criminal police are: detection, prevention, suppression and disclosure of crimes, in cases of which the production of a 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.

For the solution of the specified tasks as a part of criminal militia operational-search subdivisions are created and function: criminal investigation department; to combat crimes in the economic sphere; forensic. The criminal police also includes specialized units for combating organized crime: the Main Directorate for Combating Organized Crime (GUBOP) - as part of 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 carry out the fight against crimes both in the line of criminal investigation and in the line of combating economic crime.

The listed units are called upon to fulfill the tasks facing the criminal police, and, if necessary, to assist the public security police.

The chiefs of the criminal police are appointed to the position and dismissed from it by the head of the higher body of internal affairs. The chiefs of the criminal police are at the same time deputy chiefs of the relevant internal affairs bodies. The criminal police is 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 need independence from local influences, the law brought the criminal police out of subordination to local authorities, while maintaining its subordination and control only vertically - to a higher body of internal affairs. affairs.

In contrast to the criminal police, the public security police (PSB) is designed to solve the following main tasks: ensuring the security of the individual, public security; protection of property, public order; detection, prevention and suppression of crimes and administrative offenses; disclosure of crimes in cases where preliminary investigation is not mandatory; search for certain categories of persons whose location is within the competence of the MOB.

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

The activities of the public security police are more intended 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 dual subordination. At the same time, proceeding from the requirements of the law, these bodies are not entitled to interfere in the criminal procedural, operational and search activities of the police and the proceedings carried out by it in cases of administrative offenses.

At present, the executive authorities of the subjects 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 subject of the Federation and the local budget. State authorities of the constituent entities of the Federation and local self-government bodies may 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 body. The head of the public security police of a subject of the Federation is appointed (released) by the executive authority of this subject on the proposal of the Minister of Internal Affairs (head of the Central 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 Central Internal Affairs Directorate, the Internal Affairs Directorate in agreement with the relevant local self-government body.

Thus, local self-government bodies 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 dual subordination and control of the public security police (not only to local governments, but also to a higher internal affairs body) is preserved.

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

A complete picture of the activities of the Ministry of Internal Affairs of the Russian Federation cannot be achieved without highlighting other important and rather large structural parts of it.

1. The Investigative Committee under the Ministry of Internal Affairs of the Russian Federation, in accordance with the 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 head of the 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 bodies of preliminary investigation, the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation also exercises procedural control over the production of preliminary investigation, 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, subdivisions of zonal control and methodological support preliminary investigation. In addition to them, the investigative unit also functions (on the rights of management). Specialized subdivisions are created within the Investigative Committee and its investigative unit (for example, to investigate criminal cases of crimes in the spheres of the economy, organized criminal groups, etc.). In pursuance of the aforementioned Decree of the President of the Russian Federation, the Regional Directorate for the Investigation of Organized Crime in the North Caucasus was formed as part of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation. The activities of the Investigative Committee are carried out according to the subject-zonal principle on the basis of 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 encroachments through a comprehensive, complete and objective investigation of crimes, correct application law and prosecution of the perpetrators;

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;

Implementation of control over the observance of the law during the preliminary investigation; ensuring the procedural independence of investigators;

Selection, placement and education of personnel; improving the professional skills of investigators, providing assistance in the social and welfare provision of employees.

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

Approximately similar are the structural construction and organization of the work of the investigation departments (investigation departments) under the Ministry of Internal Affairs of the republics, the Central Internal Affairs Directorate, the Internal Affairs Directorate, and the Department of Internal Affairs. 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 on 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 the head of a higher investigative apparatus.

The heads of investigative units under the city railinorgans organize the work of the units they lead to perform the following tasks: prompt and full disclosure crimes, exposing the perpetrators and ensuring the correct application of the law; taking measures during the investigation to compensate citizens and legal entities for damage caused by crimes; the implementation of the measures provided for by the 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 of state fire supervision in the Russian Federation, licensing and the central certification body in the field of fire safety, as well as the state customer for fire equipment and fire-technical products.

The main tasks of the GUGPS are:

Management of the system of the State Fire Service;

Organization and implementation: development of state 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 of fire fighting services of ministries and departments, as well as international cooperation in the field of fire safety;

Organization of extinguishing fires and carrying out related emergency rescue operations; organization vocational training personnel for the State Fire Service;

Contribute to improvement work social protection personnel of the State Fire Service;

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

Assistance in the strengthening and comprehensive development of voluntary firefighting associations and formations in order to attract citizens to participate in the protection of settlements and enterprises from fires.

The GUGPS is headed by a chief, who is the Chief State Inspector of the Russian Federation for fire supervision. The head and his deputies are appointed and dismissed by the Minister of the Interior. Under the GUGPS, a Coordinating Council for Fire Safety is being created, the regulation of which and its composition are approved by the Minister.

Summing up what has been said, 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 lady 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 are made up of districts, unions, military units, military educational institutions, institutions for ensuring the activities of internal troops and their command and control bodies.

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

Participation together with the internal affairs bodies in the protection of public order, ensuring public safety and regime state of emergency;

Protection of important state facilities and special cargoes;

Escort of convicts and persons taken into custody;

Participation in the territorial defense of the Russian Federation;

Rendering assistance to the border troops of the Federal Border Service of the Russian Federation in the protection of 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 control.

The legal basis for the activities of 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 the military personnel of the internal troops and the procedure for their execution, in addition to these acts, are also determined by the general military charters 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 regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation.

The recruitment of internal troops is carried out by the receipt of citizens of the Russian Federation for 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 subjects of the Federation in the sphere of activity of internal troops. In particular, the powers of the President of the Russian Federation are as follows: he exercises command of the internal troops; approves the composition, number and structure of internal troops; makes decisions on the deployment and redeployment of internal troops; makes decisions on the involvement of internal troops to participate, together with the internal affairs bodies, in ensuring the state of emergency; appoints the Commander-in-Chief of the Internal Troops on the proposal of the Minister of Internal Affairs and dismisses him from office, etc.

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

The competence of the state authorities of the constituent entities of the Russian Federation in the field of activity of the internal troops includes the powers and duties of these bodies on issues of assistance to the internal troops in organizing their activities The state authorities of the constituent entities of the Federation within 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 provide for the needs of these troops in manning them with citizens subject to conscription for military service; in urgent cases, the personnel of formations and units of the internal troops at the place of their permanent deployment are involved in the elimination of the consequences of accidents, catastrophes, fires, natural disasters, epidemics and epizootics with the obligatory notification of the Minister of Internal Affairs of the Russian Federation.

Certain obligations are provided by law for the federal executive bodies and their officials in terms of assisting the 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 duties relate to the allocation of vehicles, weapons, equipment, and the implementation of military transportation. The procedure for the implementation of the duties of these ministries and their officials is determined by the Government of the Russian Federation.

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

These include: participation, together with the internal affairs bodies, in localizing and blocking areas of emergency and areas of armed conflicts; participation in the adoption of measures to strengthen the protection of public order and public safety in various regions with emergencies; participation in the suppression of riots in settlements and correctional institutions, etc. The law clearly regulates the procedure for fulfilling the tasks assigned to the internal troops.

The military personnel of the internal troops were granted the right to use physical force, special means, weapons, military and special equipment. The law provides for the cases and procedure 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 the fulfillment of 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 division central office The Ministry of Internal Affairs of the Russian Federation is the Main Command of the Internal Troops (GKVV MVD RF). The 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 by the President of the Russian Federation.

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

In the GKVV and in the districts of the internal troops, military councils are created, which are permanent advisory bodies in the internal troops. The order of their formation and work is determined by the provisions approved by the President of the Russian Federation.

Thus, the ministers of internal affairs, heads of the main departments (departments) of internal affairs of the constituent entities of the Federation are senior operational chiefs 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 relevant structural services and subdivisions of the 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 accordance with the procedure 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 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 Central Internal Affairs Directorate, the Internal Affairs Directorate in agreement with the heads of local administrations. The heads of the linear internal affairs bodies in transport are appointed by the heads of the Department of Internal Affairs.

Local self-government bodies 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 dual 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 militia is maintained at the expense of the budgets of the Russian Federation and its constituent entities. Apparently, one can regard the public security militia, established Russian law, as a transitional stage to the municipal police, the creation of which, most likely, will be the task of a further stage in the development of local self-government in the Russian Federation.

The establishment in the future of the municipal police, subordinate to local governments, along with the 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 self-government.

In order to fulfill the above tasks, the following structural divisions have been formed in the structure of the GUGPS: organizations of lady 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 facilities; fire equipment and weapons and some others.

GUGPS in its work, along with regulations relating to the activities of the Ministry of Internal Affairs of the Russian Federation, is also guided by the Federal Law "On Fire Safety" dated December 21, 1994 No.

the ministers of internal affairs, heads of the main departments (departments) of internal affairs of the constituent entities of the Federation are senior operational chiefs 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.

State control over the activities of internal troops is carried out by the President of the Russian Federation and the Government of the Russian Federation. Supervision over the execution of laws by the internal troops is carried out Attorney General Russian Federation and subordinate prosecutors.

Bibliography:

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8. Regulations on the Ministry of Internal Affairs: Decree of the President of the Russian Federation of July 18, 1996 / / SZ. 1996 No. 30. Art.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. Art.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. Art.1536.

12. On the transfer of the penitentiary 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. Art.3841.

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

Internal affairs bodies of the Russian Federation. Tasks, functions, system and structure, legal framework organization and activities of the internal affairs bodies of the Russian Federation, their powers and competence. Federal Laws “On Militia”, “On Operative-Search Activity”; the 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 the preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation, decrees 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.

The system of internal affairs bodies of the Russian Federation: the Ministry of Internal Affairs of the Russian Federation; The main departments of the Ministry of Internal Affairs of Russia for federal districts; Ministry of Internal Affairs of the republics, Central Internal Affairs Directorate or Internal Affairs Directorate of territories, regions, cities federal significance, autonomous region, autonomous regions; 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 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. Boards and operational meetings in the system of internal affairs bodies of the Russian Federation.

Police in the system of internal affairs bodies of the Russian Federation, its tasks, functions, system, legal foundations of organization and activity. Federal law "On the police". Criminal police and public security police, their structure, powers and forms of activity.

Structural divisions of the criminal police, carrying out the fight against economic and tax crimes, with organized crime, with other types of crimes, their tasks, functions, powers, legal foundations of organization and activities.

Structural subdivisions of the public security police, their tasks, functions, powers, legal foundations of organization and activity.

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

Federal Migration Service, its tasks, functions, powers, system, legal foundations of organization and activity.

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 and staffing services for 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; advisers; budget and resources; relationships 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 Interpol and NCB Interpol under the Ministry of Internal Affairs of the Russian Federation

Circulation control authorities drugs t and psychotropic substances, their tasks, functions, system and structure, legal foundations of organization and activity. Federal Law “On operational-search activity”; the 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 the 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 bodies”. Regulations on the bodies 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 over the Circulation of Narcotic Drugs and Psychotropic Substances; main departments for control over the circulation of narcotic drugs and psychotropic substances by 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 bodies for control over the circulation of narcotic drugs and psychotropic substances. Powers of the Director Federal Service of the Russian Federation for the control of 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 the control of 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 state, military, medical and other institutions, includes law enforcement. We have already considered some of them above: the Ministry of Internal Affairs, the FSB, the FSO.

Consider a number of bodies and systems that protect our rights and freedoms. These include: courts, justice authorities, prosecution authorities, crime investigation authorities.

Law enforcement is an activity authorized bodies on behalf of the state to ensure the rule of law, law and order, protection of the rights and legitimate interests of society, the state, public and other associations of citizens, the fight against crimes and offenses through the application of legal measures in accordance with the law, including coercive measures.

The main areas of law enforcement:

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

The tasks of law enforcement 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, world courts;
3. bodies providing organizational support for the activities of courts: the Judicial Department under Supreme Court RF, Bailiff Service and other services of the Ministry of Justice of the Russian Federation, etc.;
4. bodies of the prosecutor's office (general 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(advocacy, notaries);
7. non-state law enforcement structures (private security companies, private detective agencies, security services of financial and economic structures).

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

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

The third sign of law enforcement is that it is carried out in the manner prescribed by law, in compliance with certain procedures. For example, with the discussion by the court of all issues identified by the procedural law. with the secrecy of the meeting and other procedural rules. Their violation may result in the recognition of the decision as illegal and invalid.

The fourth sign of law enforcement activity is the presence of specially authorized state bodies, staffed by employees - for the most part with legal training.

Bodies of preliminary investigation

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

The 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 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 in all legal systems of the world, auxiliary operational-search activities are provided. According to the Law, “this is a type of activity carried out openly and covertly by the operational units of state bodies authorized to do so by a special Federal Law within their powers through the conduct of operational-search measures in order to protect life, health, rights and freedoms of a person and citizen, property, ensure security of society and the state from criminal encroachments”.

In the Russian Federation, the right to carry out operational-search activities is granted to operational units:
1. Internal affairs bodies of the Russian Federation.
2. Bodies of the federal security service.
3. federal authorities state protection.
4. Bodies of the border service 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 Drug Control Service.

The subdivisions carrying out operational-search 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-search activities may be amended or supplemented only by a federal law. Leaders said bodies determine the list of operational units authorized to carry out operational-search activities, their powers, structure and organization of work.

Article 6 of the Federal Law "On Operative-Search Activities" defines an exhaustive list of operational-search activities that can be carried out as part of this activity:
1. Poll.
2. Making inquiries.
3. Collection of samples for comparative study.
4. Test purchase.
5. Study of objects and documents.
6. Observation.
7. Personal identification.
8. Inspection of premises, buildings, structures, terrain and vehicles.
9. Control of postal items, telegraphic and other messages.
10. Listening to telephone conversations.
11. Removal of information from technical communication channels.
12. Operational implementation.
13. Controlled delivery.
14. Operational experiment.

This list of operational-search measures may be changed or supplemented only by the Federal Law.

In the course of carrying out operational-search activities, Information Systems, video and audio recording, film 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 law enforcement and security in the Russian Federation.

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

Internal affairs bodies, their system and functions.

State security bodies: types and main activities.

Other state bodies carrying out law enforcement and security.

Considering first question, one should dwell on the concept of law and order and its main features, reveal the concept and main directions of security. Name the system of bodies responsible for law enforcement and 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 the adoption and implementation of decisions of the Security Council of the Russian Federation.

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

By fourth question cadets and students should name the main tasks, powers of the Federal Security Service of the Russian Federation (FSB of Russia), its territorial bodies; to 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 of the Russian Federation (FTS of Russia), the Federal Service of the Russian Federation for Drug Control (FSKN of Russia), etc.

Control questions:

The concept of law and order and security.

The structure of the central apparatus of the Ministry of Internal Affairs of the Russian Federation.

Duties and rights of police officers.

Private detective and security activities.

Additional literature:

Federal Law No. 57-FZ of May 27, 1996 “On State Protection”

Regulations on the bodies of preliminary investigation 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 the subject 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 the Resolution of the Supreme Council of the Russian Federation of 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 in the internal affairs bodies of the Russian Federation applications, reports and other information about incidents (approved by order of the Ministry of Internal Affairs of the Russian Federation of May 4, 2010 No. 333);

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

Belokrylova E.A. Commentary on the Law of the Russian Federation "On Security" (item-by-article) - M., "Justitsinform", 2008;

Burtsev D.G. Interaction of tax authorities with internal affairs authorities in the course of tax control // Auditorskie Vedomosti, 2004 No. 5;