Law enforcement agencies edited by Bozhyev. Section V. Prosecutor's Office of the Russian Federation
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The textbook is based on the programs of a number of leading law universities that meet the requirements of the State educational standard. It takes into account the Constitution of Russia, federal constitutional laws on courts and other regulations. In addition to materials covering traditional issues of the Law Enforcement Agencies course, the textbook contains chapters on internal affairs agencies, security, justice, tax police, customs authorities, private detective and security services, and the history of major law enforcement agencies. The new Code of Criminal Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, the Federal Law “On advocacy and advocacy in Russian Federation", Federal Law "On Bodies of the Judicial Community"; reflects the changes and additions made to the federal constitutional laws and the Federal Law “On the Status of Judges in the Russian Federation”. The fourth edition presents a new chapter (Chapter 11) on the bodies of the judicial community and a new paragraph (§ 3, Chapter 16) on the bailiff service.
Intended for students and students of law universities (regardless of specialization) and faculties, graduate students, teachers, judges, prosecutors, investigators, investigators, lawyers, as well as anyone interested in the organization and activities of the judiciary, the prosecutor's office and other law enforcement agencies.
Criminal trial - Edited by Bozhiev V.P. - 3rd edition
Criminal trial - Edited by Bozhiev V.P. - 3rd edition - 2002
The textbook corresponds to the state educational standard of higher professional education; includes all topics provided for in the criminal procedure course programs (criminal procedural law). Prepared by famous scientists from universities and research institutes on the basis of the Code of Criminal Procedure of the Russian Federation (with amendments and additions made in 2002), as well as the latest legislation.
Intended for students and students of higher legal educational institutions, graduate students, teachers, judges, prosecutors, investigators, investigators, lawyers, as well as all those who are interested in modern Russian criminal procedure and criminal procedural law.
Federal legislation and other regulatory material are presented as of September 1, 2002.
4 - ed., rev. and additional - M.: Spark, 2002. - 4 00 p.
The textbook is based on the programs of a number of leading law schools that meet the requirements of the State educational standard. It takes into account the Constitution of Russia, federal constitutional laws on courts and other regulations. In addition to materials covering traditional issues of the Law Enforcement Agencies course, the textbook contains chapters on internal affairs agencies, security, justice, tax police, customs authorities, private detective and security services, and the history of major law enforcement agencies. The new Code of Criminal Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, the Federal Law “On Advocacy and the Bar in the Russian Federation”, the Federal Law “On Bodies of the Judicial Community” were taken into account; reflects the changes and additions made to the federal constitutional laws and the Federal Law “On the Status of Judges in the Russian Federation”. The fourth edition presents a new chapter (Chapter 11) on the bodies of the judicial community and a new paragraph (§ 3, Chapter 16) on the bailiff service.
Intended for students and students of law universities (regardless of specialization) and faculties, graduate students, teachers, judges, prosecutors, investigators, investigators, lawyers, as well as anyone interested in the organization and activities of the judiciary, the prosecutor's office and other law enforcement agencies.
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Table of contents
List of accepted abbreviations................................................................... ................................... 4
Preface to the fourth edition.................................................... ........................... 7
Preface to the first edition.................................................... ............................... 9
Section I. General provisions
Chapter 1. Basic concepts, subject and course system.................................................. 12
§ 1. Law enforcement agencies. Concept, main features and tasks...... 12
§ 2. Functions of law enforcement agencies.................................................... ........ 16
§ 3. Main areas of activity of law enforcement agencies.... 20
§ 4. Subject and course system “Law enforcement agencies of the Russian Federation” 22
§ 5. Correlation of the course “Law Enforcement Agencies of the Russian Federation” with other legal disciplines and branches of specialized knowledge.. 24
Chapter 2. Sources of law on law enforcement agencies.................................... 27
§ 1. general characteristics regulatory framework course “Law enforcement agencies of the Russian Federation” 27
§ 2. The Constitution of the Russian Federation as a source of law.................................... 34
§ 3. Federal constitutional law “On the judicial system of the Russian Federation” 40
Chapter 3. Judicial power.................................................... ..................................... 43
§ 1. Meaning, character traits, legal regulation........................ 43
§ 2. The court as a bearer of judicial power.................................................... ................... 53
§ 3. System of courts of the Russian Federation.................................................... .......... 56
§ 4. Contents and properties of justice.................................................... ................ 61
Chapter 4. Historical outline of the development of the judiciary.................................... 63
§ 1. Retribution for insult in Ancient Rus' (9th-10th centuries)................................... ...... 63
§ 2. Trial and investigation under the Pskov Judgment Charter.................................... 66
§ 3. Trial and search according to Code of Laws (1497 and 1550) and the Council Code (1649) 67
§ 4. Petrine reforms of judicial institutions (beginning of the 18th century)............... 69
§ 5. Reform of the court under Catherine II (second half of the 18th century)................... 71
§ 6. Judicial institutions according to the Charters of 1864.................................................. ........ 73
§ 7. Court since 1917 to 1991................................................... ............... 76
Chapter 5. Constitutional principles of organization and activities of judicial authorities 78
§ 1. Concept and system of principles of justice.................................................... ..... 78
§ 2. Principle of legality.................................................. ..................................... 80
§ 3. The principle of administering justice only by the court.................................... 82
§ 4. The principle of independence of judges.................................................... ....................... 85
§ 5. The principle of administering justice on the basis of equality of all before the law and the court 87
§ 6. The principle of ensuring everyone the right to go to court to protect their interests 89
§ 7. The principle of the presumption of innocence.................................................... .............. 90
§ 8. The principle of ensuring the suspect and accused the right to defense 92
§ 9. The principle of competition between the parties.................................................... ................. 94
§ 10. Publicity of the proceedings in court.................................................... .......... 96
§ 11. Language of legal proceedings.................................................... .................................. 98
§ 12. The principle of citizen participation in the administration of justice.................................... 100
§ 13. The principle of protecting the honor and dignity of the individual.................................................... 102
§ 14. Spontaneity and oral proceedings.................................... 103
Section II. Judicial system of the Russian Federation
Chapter 6. Federal courts of general jurisdiction.................................................... .... 105
§ 1. Supreme Court of the Russian Federation.................................................... ........ 105
§ 2. Supreme Court of the Republic, Territory (Regional) Court, Court of a Federal City, Court of an Autonomous Region, Court Autonomous Okrug 120
§ 3. District Court.................................................... ........................................................ 128
§ 4. Military courts.................................................... ........................................................ 136
Chapter 7. Federal Arbitration Courts.................................................... .......... 143
§ 1. Formation of arbitration courts of the Russian Federation.................................... 143
§ 2. System and powers of arbitration courts.................................................... .. 147
§ 3. Tasks of arbitration courts.................................................... ........................ 153
§ 4. Principles of organization and activities of arbitration courts.................. 154
Chapter 8. Constitutional Court of the Russian Federation 156
§ 1 Fundamentals of the organization of the Constitutional Court of the Russian Federation and its powers 156
§ 2 Principles and general rules of constitutional proceedings 161
§ 3 Features of proceedings in certain categories of cases 168
Chapter 9. Courts of the constituent entities of the Russian Federation 172
§ 1 Bodies of constitutional justice in the constituent entities of the Russian Federation 172
§ 2 Magistrates in the Russian Federation 175
Chapter 10. Legal status of judges 181
§ 1 General provisions 181
§ 2 Prerequisites, conditions and procedure for selecting candidates for positions of judges 182
§ 3 Mechanism for vesting judicial powers 186
§ 4 Rights of judges in the exercise of judicial power and their provision 188
Chapter 11. Judicial community in the Russian Federation 199
§ 1 General provisions 199
§ 2 The procedure for the formation and powers of the All-Russian Congress of Judges, conferences of judges, councils of judges and general meetings of judges 201
§ 3 The procedure for the formation and powers of qualification boards of judges 205
Section III. State bodies ensuring order and security
Chapter 12. Internal Affairs Bodies 210
§ 1 Internal affairs bodies, their tasks and structure 210
§ 2 Organization of the police in the Russian Federation 216
§ 3 Other structural units of the Ministry of Internal Affairs of the Russian Federation 220
Chapter 13. Security authorities 225
§ 1 General characteristics of the security of the Russian Federation and its system 225
§ 2 Security Council of the Russian Federation 228
§ 3 Bodies of the Federal Security Service 230
§ 4 Foreign intelligence agencies of the Russian Federation 235
§ 5 Border Service of the Russian Federation 237
§ 6 Federal authorities of government communications and information 241
§ 7 Federal state security authorities 243
Chapter 14. Tax authorities and tax police authorities 252
§ 1. Tax authorities of the Russian Federation, their tasks and competence 252
§ 2 Federal tax police authorities 257
Chapter 15 Customs authorities 263
§ 1 The concept of customs in the Russian Federation 263
§ 2 Historical outline of the development of customs legislation 265
§ 3 Customs system 269
§ 4 Powers of customs authorities 272
Chapter 16. Justice bodies of the Russian Federation 276
§ 1. Functions and powers of the Ministry of Justice of the Russian Federation 276
§ 2. Organization of the Ministry of Justice of the Russian Federation and its bodies 288
§ 3. Bailiff service 292
Section IV. Preliminary investigation bodies
Chapter 17. Preliminary investigation and inquiry bodies 300
§ 1 Historical outline of the development of preliminary investigation and inquiry bodies in Russia 300
§ 2 Preliminary investigation bodies and their tasks 305
§ 3 Structure of the investigative apparatus 309
§ 4 Bodies of inquiry and their tasks 311
Section V. Prosecutor's Office of the Russian Federation
Chapter 18. Prosecutor's Office of the Russian Federation 318
§ 1 The system of bodies and institutions of the prosecutor’s office and its organizational structure 318
§ 2 Principles of organization and activities of the prosecutor’s office of the Russian Federation 326
§ 3 Functions and areas of activity of the prosecutor’s office 330
§ 4 Public service in the bodies and institutions of the prosecutor’s office 336
§ 5 Historical outline of the organization and development of the prosecutor’s office in Russia 340
Section VI. Bodies for legal support and legal assistance
Chapter 19. Notary 345
§ 1 Concept and tasks of the notary 345
§ 2 Historical outline of the formation and development of notaries 350
§ 3 Organization of the notary office 351
§ 4 Basic rules of notarial actions 359
Chapter 20. Advocacy 362
§ 1 Objectives of the Bar, principles of its organization and activities 362
§ 2 Historical outline of the development of the legal profession 366
§ 3 Rights, obligations and status of a lawyer 371
§ 4 Forms of organization of the legal profession 376
Chapter 21. Private detective and security services 384
§ 1 Concept and general characteristics of private detective and security activities 384
§ 2 Private detective and security companies 387
§ 3 Legal status of a private detective and private security guard 390
The textbook is written in a concise, compact and accessible form based on the Constitution of the Russian Federation, federal constitutional laws on courts, and other legislative and regulatory acts. It takes into account last changes legislation on the judicial system, law enforcement agencies, advocacy, etc. After the chapters, questions and tasks for self-control are given, and a glossary of terms is provided at the end of the textbook.
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Online wallet : if you have a Yandex wallet or Qiwi Wallet, you can pay for your order through them. To do this, select the appropriate payment method and fill out the fields provided, then the system will redirect you to a page to confirm the invoice. 2 Vyacheslav Bozhev Law enforcement agencies of Russia Text provided by the literary agent Law enforcement agencies of Russia: textbook / V. P. Bozhev [etc.]; ed. V. P. Bozhyeva: Higher education, Yurayt-Izdat; Moscow; 2009 ISBN Abstract The textbook provides information about government agencies carrying out law enforcement activities, as well as a number of other non-state entities designed to facilitate these activities, giving an idea of law enforcement activities in general, its specific directions (functions), the structure of relevant bodies and organizations, their structure, relationships and subordination, the main powers and tasks, interaction with each other, with the state mechanism, etc. The textbook is written in a concise, compact and accessible form based on the Constitution of the Russian Federation, federal constitutional laws on courts, and other legislative and regulatory acts. Changes in legislation on the judicial system, law enforcement agencies, advocacy and others that have occurred since the publication of the previous edition (2006) have been taken into account, including those introduced by the Federal Law of the Federal Law “On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law on Prosecutor's Office of the Russian Federation." The textbook was prepared by specialists who have significant experience in scientific and pedagogical activities in leading universities and research institutes in Moscow and
3 Contents Accepted abbreviations 4 Preface 7 Section I 8 Chapter Subject and system of the course “Law enforcement 8 bodies of Russia”, methods of its study 1.2. Correlation of the course “Law Enforcement Bodies 9 of Russia” with other legal disciplines 1.3. Law enforcement and 10 law enforcement agencies of Russia 1.4. Basic concepts in the training course 13 “Law enforcement agencies of Russia” Questions and tasks for self-control 15 Chapter General characteristics of the regulatory framework of the course 17 “Law enforcement agencies of Russia” 2.2. The Constitution of the Russian Federation as a source of 21 rights 2.3. Federal Constitutional Law “On the Judicial System of the Russian Federation 25” Questions and tasks for self-control 26 Chapter The essence and significance of the judicial power The court is the bearer of judicial power System of courts of the Russian Federation 35 Questions for self-control 38 Chapter The concept and system of principles of justice The principle of legality The principle of the implementation of justice only by the court The principle independence of judges The principle of administering justice on the basis of 45 equality of all before the law and the court 4.6. The principle of ensuring everyone the right to apply to the 46th court to protect their interests 4.7. The principle of the presumption of innocence The principle of ensuring the suspect and the accused the right to defense 4.9. The principle of adversarial behavior of the parties Publicity of the proceedings in court Language of legal proceedings 52 End of the introductory fragment. 53 3
4 V. P. Bozhyev Law enforcement agencies of Russia Accepted abbreviations 1. Regulatory legal acts Constitution The Constitution of the Russian Federation, adopted by popular vote APC Arbitration Procedural Code of the Russian Federation from the Federal Law (as amended by) Civil Code Civil Code of the Russian Federation: part one from the Federal Law (as amended ed. from); part two from the Federal Law (as amended from); part three of the Federal Law (as amended); part four of the Federal Law (comes into force on January 1, 2008) Civil Procedure Code Civil Procedure Code of the Russian Federation from the Federal Law (as amended by) Code of Administrative Offenses of the Russian Federation Code of Administrative Offenses from the Federal Law (as amended by) Tax Code of the Russian Federation: part one of the Federal Law (as amended by); part two from the Federal Law (as amended from) Customs Code The Customs Code of the Russian Federation from the Federal Law (as amended from) Labor Code of the Russian Federation from the Federal Law (as amended from) the Criminal Code of the Russian Federation from the Federal Law (as amended from) PEC Criminal Executive Code of the Russian Federation from the Federal Law (as amended from) the Criminal Procedure Code of the Russian Federation from the Federal Law (as amended from) the Criminal Procedure Code of the RSFSR Criminal Procedure Code of the RSFSR, approved by the Supreme Court of the RSFSR Lost force since, with the exception of Ch. 30, which became invalid on the basis of the Federal Law from the Federal Law Law on Security Law of the Russian Federation from “On Security” (as amended from) Law on Foreign Intelligence Federal Law from the Federal Law “On Foreign Intelligence” (as amended from) Law on the Military courts Federal constitutional law from the Federal Law on Military Courts of the Russian Federation (as amended) Law on state protection Federal law from the Federal Law on State protection (as amended from) Law on the Constitutional Court Federal constitutional law from the Federal Law on the Constitutional Court Court of the Russian Federation" (as amended by) 4
5 Law on the Police Law of the Russian Federation from “On the Police” (as amended from) Law on Justices of the Peace Federal Law from the Federal Law “On Justices of the Peace in the Russian Federation” (as amended from) Law on the Prosecutor’s Office Federal Law from “On the Prosecutor’s Office of the Russian Federation "(as amended by) Law on Countering Terrorism Federal Law from the Federal Law "On Combating Terrorism" (as amended by) Law on Detention of Suspects Federal Law from the Federal Law "On Detention of Suspects and Accused of Crimes" (as amended by ed. from) Law on the status of judges LawRFot “On the status of judges in the Russian Federation” (as ed. from) Law on the judicial system Federal constitutional law from the Federal Law on Law “On the judicial system of the Russian Federation” (as ed. from) Law on the Judicial Department Federal Law from the Federal Law "On the Judicial Department at the Supreme Court of the Russian Federation" (as amended from) Law on Bailiffs Federal Law from the Federal Law "On Bailiffs" (as amended from) Law on the Judicial System Law of the RSFSR from "On the Judicial System of the RSFSR" ( in ed. o) Law on the FSB Federal Law from the Federal Law “On the Federal Security Service” (as amended from) Law on Advocacy Federal Law from the Federal Law “On Advocacy and the Bar in the Russian Federation” (as amended from) Law on Arbitration Courts Federal constitutional law from the Federal Law on Arbitration Courts in the Russian Federation (as amended) Law on the Bodies of the Judicial Community Federal Law from the Federal Law "On the Bodies of the Judicial Community in the Russian Federation" (as amended from) Law on the ODA Federal Law from the Federal Law " On operational investigative activities" (as amended from) Fundamentals of legislation on notaries Fundamentals of legislation of the Russian Federation on notaries from (as amended from) Regulations on preliminary investigation bodies Regulations on preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation, approved by Presidential Decree RF dated (as amended by) Regulations on the Ministry of Internal Affairs of Russia Regulations on the Ministry of Internal Affairs of the Russian Federation, approved by the Decree of the President of the Russian Federation dated (as amended by o) Regulations on the Investigative Committee Regulations on the Investigative Committee under the Prosecutor's Office of the Russian Federation, approved by the Decree of the President of the Russian Federation from the Regulations on the Security Council Regulations on the Security Council of the Russian Federation, approved by the Decree of the President of the Russian Federation from (as amended from) Regulations on the Federal Migration Service of Russia Regulations on the Federal Migration service of the Russian Federation, approved by the Decree of the President of the Russian Federation dated (as amended) Regulations on the FSB of Russia Regulations on the Federal Security Service of the Russian Federation, approved by the Decree of the President of the Russian Federation dated (as amended by) from) 5
6 Regulations on the Federal Penitentiary Service of Russia Regulations on the Federal Penitentiary Service, approved by the Decree of the President of the Russian Federation dated (as amended by) Regulations on the Federal Drug Control Service of Russia Regulations on the Federal Service of the Russian Federation for Drug Control, approved by the Decree of the President of the Russian Federation dated (as amended by) Regulations on the FSSP of Russia Regulations on the Federal Bailiff Service, approved by the Decree of the President of the Russian Federation dated (as amended by) Regulations on the Security Service Regulations on the Federal Security Service of the Russian Federation, approved by the Decree of the President of the Russian Federation dated (as amended by) Regulations on the Customs Service Regulations on the Federal Customs Service, approved by the Decree of the Government of the Russian Federation from the Regulations on the Ministry of Justice of Russia Regulations on the Ministry of Justice of the Russian Federation, approved by the Decree of the President of the Russian Federation dated (as amended by) Regulations on Rosregistration Regulations on the Federal Registration Service, approved by the Decree of the President of the Russian Federation dated (as amended by) d) 2. State bodies of the CC of the USSR Committee of Constitutional Supervision of the USSR Ministry of Internal Affairs of Russia Ministry of Internal Affairs of the Russian Federation Ministry of Defense of Russia Ministry of Defense of the Russian Federation Ministry of Finance of Russia Ministry of Finance of the Russian Federation Ministry of Economic Development of Russia Ministry of Economic Development and Trade of the Russian Federation Ministry of Justice of Russia Ministry of Justice of the Russian Federation Rosregistration Federal Registration Service Federal Migration Service of Russia Migration Service FSB of Russia federal Service security of the Russian Federation FSIN of Russia Federal Penitentiary Service of the Russian Federation FSKN of Russia Federal Service of the Russian Federation for Drug Control FSSP of Russia Federal Bailiff Service of the Russian Federation FCS of Russia Federal customs Service 3. Other abbreviations of the traffic police State Safety Inspectorate traffic GUVD Main Department of Internal Affairs Temporary detention center for temporary detention of suspects and accused MOB public security police Department of Internal Affairs internal affairs bodies OVDT internal affairs bodies in transport OMON police detachment special purpose Operational investigative activities of the RSFSR Russian Soviet Federative Socialist Republic of the Russian Federation Russian Federation pre-trial detention center pre-trial detention center USSR Union of Soviet Socialist Republics Internal Affairs Directorate of Internal Affairs 6
7 Preface This textbook, which is essentially an abbreviated version of the textbook “Law Enforcement Agencies of the Russian Federation,” the fifth edition of which was published in 2004 by the Spark publishing house, was published in over copies only in 2006. It was prepared mainly by the same team of authors, which has undergone some changes, under my editorship. The need to prepare the second edition of this textbook is due to the ongoing process of updating legislation on the judicial system, law enforcement agencies, advocacy, etc. Training future lawyers at the modern level is possible only taking into account the latest legislation and the actual practice of its application. IN this textbook all normative acts adopted since the publication of the first edition were taken into account, including such a large-scale legislative act as the Federal Law of the Federal Law “On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law on the Prosecutor’s Office of the Russian Federation.” Professor V.P. Bozhyev 7
8 Section I GENERAL PROVISIONS Chapter 1 SUBJECT AND OBJECTIVES, TRAINING COURSE SYSTEM “LAW ENFORCEMENT AGENCIES OF RUSSIA” AND ITS BASIC CONCEPTS 1.1. Subject and system of the course “Law Enforcement Bodies of Russia”, methods of its study The accumulated volume of knowledge in science and practical activities of state bodies in the creation, construction of law enforcement agencies and the organization of state activities to protect and protect the rights of citizens, legal entities and society forms the basis of the subject academic discipline"Russian Law Enforcement Agencies." The concept of the subject of the academic discipline “Russian Law Enforcement Agencies” was mainly formed in educational literature. However, clear criteria for its definition have not been developed. There are several approaches to defining the subject of an academic discipline. Some start from issues of the criminal process related to the organization of criminal prosecution in the state for crimes committed. Others proceed from the construction in the state of the judicial system and the prosecutor's office and preliminary investigation bodies associated with it in their activities. Still others expand the subject of the academic discipline to the organization and construction of bodies carrying out law enforcement activities. Subject Definition training course“Russian law enforcement agencies,” in our opinion, is based on the organization of the implementation of law enforcement activities provided for by law. State bodies, special institutions and officials organizing law enforcement activities provided for by law form the basis for highlighting the subject of study. The content of the subject forms the totality of knowledge available in society about the law enforcement agencies existing in the Russian Federation and their system throughout the state. This element of the subject is key, as it expresses the essential concept of the academic discipline and reveals the direction of studying the material. The current regulations governing the organization and activities of law enforcement agencies constitute a significant part of the content of the subject of the academic discipline. A deeper penetration into the content of the subject involves studying the organization and construction of individual law enforcement agencies, their system, structure, composition and competence of the units of these bodies. The procedure for appointment, termination or dismissal of law enforcement officers, their promotion, incentives and disciplinary liability form an integral part of the subject of study. The study of the academic discipline “Law Enforcement Agencies of Russia” at the second stage (master’s degree) of university education is not limited to knowledge only current state legislation. Familiarization with the history of the formation and development of law enforcement agencies in the Russian Empire, the RSFSR and the USSR, as well as with regulations, 8
9 that regulated the organization and activities of law enforcement agencies, allows you to master this part of knowledge. Along with history information part The content of the subject also includes regulatory review materials on law enforcement agencies and the legal regulation of these issues in foreign countries in Europe, Asia and America. This approach to defining the subject of a training course makes it a complex legal discipline. All of the above-mentioned elements of the subject together give an idea of the focus of the academic discipline and play an organizing role in the selection and study of the necessary material. Thus, the subject of the training course “Russian Law Enforcement Agencies” can be defined as a set of educational, scientific, legislative, regulatory, historical and educational information about the system of law enforcement agencies and their structure. Considering that in the scientific and educational literature there is no consensus on the definition of the concepts of “law enforcement” and “law enforcement agencies,” the content of the subject of study can be adjusted by various scientists representing different scientific schools. The list of issues studied in the course is quite wide and requires presentation in a specific system that ensures consistent and conscious assimilation of the material of the discipline being studied. The formation of a curriculum system in textbooks and teaching aids available in Russia is carried out in different ways 1. Some set out educational material V a certain sequence chapters, others highlight sections and chapters in which the material being studied is systematized, others suggest distinguishing two parts: General and Special. In this textbook, the authors also propose specific system construction and presentation of the material, which can be viewed and derived from the table of contents of the work. The presented version of the curriculum system is based on an analysis of the available options during the preparation of the textbook and reflects the authors’ proposal for systematizing the course material: Section I. General provisions. Section P. Judicial system of the Russian Federation. Section III. State bodies ensuring the protection of order and security in the Russian Federation. Section IV. Bodies of preliminary investigation and prosecutorial supervision. Section V. Bodies for providing legal assistance. To obtain and assimilate knowledge in the training course, methods available in science for cognition of the identified phenomena are used. When mastering the course “Law Enforcement Agencies of Russia,” the leading one is the dialectical method: real-life law enforcement agencies are studied not only statically, but also dynamically, in conjunction with other bodies and organizations. Other methods are also used: formal legal, historical, comparative analysis, system analysis, concrete sociological. Correlation of the course “Law Enforcement Agencies of Russia” with other legal disciplines The training course “Law Enforcement Agencies of Russia” is the main introductory survey legal discipline in the training of lawyers. Included in the subject of the course 1 An overview of the available options for presenting the training course system in textbooks and teaching aids as of 2000 can be found in the work: Lon S. L. Subject and system of the training course “Law enforcement agencies in the Russian Federation”: educational and methodological manual. Tomsk: Publishing house NTL, S
10 information about the organization and construction of the system of law enforcement agencies in Russia, certain types of bodies for carrying out law enforcement activities forms the basis for the study of this course. Regulatory and legal information about the organization and activities of law enforcement agencies makes it a compulsory law course at the university. Large volume of educational and normative material about various government bodies, included in this course, assumes a systematic presentation and a small depth of study of the issues. Although knowledge about the judicial system, organization and main areas of activity of the prosecutor's office, the Ministry of Internal Affairs, the Bar, and the notary office constitutes the basic training of future lawyers. Deeper Knowledge legal regulation Law enforcement activities are assumed in other basic and special legal disciplines. Such training courses include “Criminal Procedure”, “Civil Procedure”, “Prosecutorial Supervision” and others, within the framework of which the functional aspect of the activities of investigative and inquiry bodies, the court or the prosecutor’s office is studied. In special courses “Arbitration Proceedings”, “Constitutional Proceedings”, “Organization of Preliminary Investigation”, “Advocacy” and others, the procedural foundations of the work of courts, investigative bodies, prosecutors, and advocacy are learned. The main difference between the subjects of these courses is that they study the activities of those law enforcement agencies, the presence and organization of which students become familiar with when studying the course “Law Enforcement Agencies of Russia.” At the same time, in the future it will be necessary to study more deeply the order of practical activities, its content, and the sequence of procedural actions performed by special officials in accordance with the provisions of the laws. The initial basic legal discipline is “Theory of State and Law”, which develops concepts common to many branches of law, which are also used in the study of the course “Law Enforcement Agencies of Russia”. For example, concepts such as “legislation”, “law”, “state bodies”, “law enforcement” and others form the content basis of the training course “Law Enforcement Agencies of Russia”. Training courses « Administrative law" and "Constitutional Law" are also related to this training course, the subjects of their study partially coincide or are similar in the material studied. Knowledge of the organization of legislative and executive authorities and their main functions is similar in the methodological and educational scheme for assimilation of information about law enforcement agencies. However, in these disciplines the organization and activities of the President of the Russian Federation, the Government of the Russian Federation, Ministries, services, and agencies are deeply studied. The course “Law Enforcement Agencies” is associated with such disciplines as criminal law, civil law, criminology, criminology, etc. These connections are diverse and varied. Law enforcement activities and law enforcement agencies of Russia The legislation of the Russian Federation does not contain a formulation of the concept of “law enforcement agencies,” nor is there a list those bodies that are law enforcement. Although in some legal acts this concept is used 2. 2 See: Regulations on the coordination of the activities of law enforcement agencies in the fight against crime, approved by the Decree of the President of the Russian Federation of
11 In the legal literature, the concept of “law enforcement agencies” is still controversial. There is no consensus among scientists regarding the range, list or system of law enforcement agencies. Most textbook authors and teaching aids define the concept of “law enforcement agencies” through the category of “law enforcement activities”. This approach seems quite justified, since the bodies carrying out law enforcement activities are law enforcement. However, in this case, the concept of “law enforcement activity” requires additional disclosure. Let us list the main features of law enforcement activities. 1. The purpose of law enforcement activities is to protect and protect the rights and legitimate interests of citizens, legal entities and the state and ensure that they fulfill their duties. 2. The beginning of law enforcement activity, as a rule, is associated with the presence of a reason, which is most often a report of an offense or the need to prevent it. 3. Law enforcement activities are carried out only on the basis of the law and in accordance with the law (i.e. certain type law enforcement activities must be provided current legislation), and in some cases exclusively in the established procedural form. Arbitrary actions of government bodies and officials are unacceptable. Violation of legal requirements committed in the process of law enforcement activities may itself turn out to be an offense entailing disciplinary, administrative or criminal liability. The procedural form is understood as the procedure established by the procedural law for the proceedings in the case as a whole, as well as the conditions, sequence, and procedure for performing individual actions. 4. Law enforcement activities are carried out by entities specially authorized by law, endowed with certain rights and responsibilities for this purpose. Persons carrying out law enforcement activities, as a rule, must have a legal education. 5. In a number of cases, law enforcement activities are associated with the use of legal measures of state coercion against persons who have committed an offense. These measures vary depending on the competence of the authority and the severity of the offense committed. 6. Lawful and justified decisions made by subjects of law enforcement activities are subject to mandatory execution by officials and citizens. Failure to comply with these decisions constitutes an independent offense entailing additional liability. Thus, law enforcement activity is a state or state-sanctioned activity provided for by current legislation, aimed at protecting and defending the rights of citizens, legal entities and the state and ensuring the fulfillment of their duties, carried out, as a rule, in a certain procedural order by specially authorized persons and associated using legal measures of state coercion. In the legal literature there are the following types law enforcement: administration of justice; prosecutor supervision; investigation of crimes; operational-search activities, detection and detection of crimes, ensuring state security; execution of court decisions; security activities and prevention of crimes and other offenses; provision of qualified legal assistance; constitutional control. eleven
12 Law enforcement agencies may perform one or more types of activities. Thus, the judiciary administers justice. The function of prosecutorial supervision is vested in the prosecutor's office. Operational search activities are carried out both by internal affairs bodies, state security bodies and some other bodies. Internal affairs bodies simultaneously carry out crime investigation, operational search activities, and crime prevention. Law enforcement activities can be carried out by various government agencies. However, not all of them are law enforcement. In order for an agency to be classified as a law enforcement agency, it is necessary that law enforcement activities occupy a significant place in the scope of its work and not be incidental or episodic. Another point is that some law enforcement agencies perform not only law enforcement activities, but also other types of government activities (law enforcement). However, they are classified as law enforcement due to the fact that this activity is their main activity or has a special procedural nature enshrined in the law. Thus, the following definition can be formulated: law enforcement agencies are special government bodies, professional associations and special individuals who, by virtue of the law, have specific powers to carry out law enforcement activities. In the educational and scientific literature there is no consensus of opinion regarding the circle or system of law enforcement agencies. Most authors of textbooks and teaching aids classify the following government bodies as law enforcement agencies: courts, prosecutors, internal affairs bodies, state security bodies, customs authorities, preliminary investigation bodies, justice bodies. The classification of notaries and the legal profession as law enforcement agencies is controversial. In this regard, we note that notarial activity is not directly law enforcement. However, its presence ensures the protection of the rights and legitimate interests of citizens and legal entities. The law enforcement activity of a notary begins where a change in the rights and obligations of persons occurs, the need arises to restore and confirm existing rights, and the will of absent or deceased persons is implemented. That is, when citizens and legal entities are forced to contact notary offices or notaries to confirm or restore their rights. In this case, the registration and registration activities of the notary acquire the character of law enforcement, and moreover, it has national significance. Therefore, the inclusion of notaries in the law enforcement system is quite justified. The activity of lawyers is not law enforcement. But their fulfillment of the function of realizing everyone’s constitutional right to receive qualified legal assistance (Article 48 of the Constitution) in order to protect the rights and freedoms of individuals and legal entities is so important that the absence of a lawyer often blocks the activities of the court, investigative body, and prosecutor. Therefore, issues of organizing the legal profession are the subject of study within the framework of this course. What unites all law enforcement agencies is that the activities of each of them are aimed at protecting the rights and legitimate interests of citizens, legal entities and the state as a whole. Do they differ from each other? specific tasks and methods (ways) for solving them, competence. Thus, the immediate task of the court is to resolve criminal, civil, administrative cases, the prosecutor's office to supervise compliance with the Constitution and the implementation of laws, and preliminary investigation bodies to investigate crimes. 12
13 1.4. Basic concepts in the training course “Russian Law Enforcement Agencies” The training course “Russian Law Enforcement Agencies” is an introductory legal discipline. Along with the academic discipline “Theory of State and Law,” this training course begins an in-depth study of special legal terminology. Mastering the content of legal terms and concepts of the course is one of the learning objectives. A uniform understanding and interpretation of legal terms and concepts allows professional lawyers to accurately and clearly formulate a rule of law, assimilate and remember the meaning of a legal regulation, and correctly interpret the provisions of the rule when applied in practice. The basic concepts of the training course “Russian Law Enforcement Agencies” make up only a small part of the legal terms that will be studied during the training period. However, they are initial and key in further training. The content of the subject and the training course system predetermines the terminology that is to be studied and its volume. A significant number of regulations studied in this course suggest that mastering their content will require the use of a large number of legal terms and concepts. However, some of them will remain for study in other disciplines, the second part will be presented in an introductory plan, and the third should be studied and comprehended in the proposed formulations. It is the last group of legal terms that constitutes the basic concepts of the course, with which we will continue to work. Consistent mastery of the topics of the training course system “Law Enforcement Agencies of Russia” allows you to take a substantive and specific approach to highlighting basic concepts and systematizing them for deeper study. The sections and topics highlighted in the curriculum system also focus on the corresponding group of concepts that reveal the main content of the topic. Considering that the main content of the training course is knowledge about the law enforcement system as a whole and each agency separately, we can propose a certain scheme of concepts that allows you to independently and more deeply study the material. The structure and organization of activities in each individual law enforcement agency has specifics. But there are also common fundamental principles for their organization. Therefore, knowledge and mastery of several basic key concepts will make it possible to present and cover the material of the entire topic on a specific law enforcement agency and not miss the necessary issues of the topic. When studying topics about specific law enforcement agencies, the main concepts that reveal the content of the topic include the following: the concept of a law enforcement agency; tasks, functions (areas of activity), organ system; link in the law enforcement system; structure of a law enforcement agency; composition of a unit or structural unit of a law enforcement agency; the competence of a link or structural unit of a law enforcement agency; powers of officials of a law enforcement agency, unit, structural unit of a law enforcement agency; the apparatus of the law enforcement agency (managers, employees, workers, personnel, and so on); law enforcement personnel: appointment, dismissal, promotion, encouragement and disciplinary liability of employees. 13
14 Using and knowing the content of these concepts in their totality and the stated interdependence, it is possible to achieve an appropriate depth of study of the issues of the topic about a specific law enforcement agency, for example, internal affairs bodies. It is necessary and important to correctly establish the relationship of concepts and reveal their relationship, emphasizing general and specific features. For example, considering the relationship between such concepts as “training course Russian law enforcement agencies” “Russian law enforcement agencies” “organization of law enforcement agencies” “activities of law enforcement agencies”, one can see not only general concepts in these phrases, but also to reveal the independence of these concepts, emphasizing the specific aspects of the subject being studied. The training course “Russian Law Enforcement Agencies” is a body of knowledge studied by students, listeners, and students. Law enforcement agencies of Russia are actually existing and functioning state institutions. The concept of “organization of law enforcement agencies” indicates the organizational structure of the bodies, their system in the Russian Federation. The activities of law enforcement agencies include their functioning, work to fulfill assigned tasks, concrete actions officials. The indicated features emphasize the specificity of the content legal concepts, associated with one main element being studied, “law enforcement.” It is difficult and hardly advisable to collect and define all or even the main concepts of a training course in a separate topic. In addition, most of the concepts will be studied in topics dedicated to individual law enforcement agencies. However, at this stage of study it is impossible not to highlight the main key concepts, knowledge of which will make it possible to present the main provisions of the training course and meaningfully approach the study of topics about specific law enforcement agencies. The definitions of concepts given below are formulated specifically for the study of this course, taking into account its specifics. So, let’s dwell on the definition of several concepts: judicial system, court, justice, prosecutor’s office, prosecutorial supervision, preliminary investigation, advocacy, lawyer, notary, notary. The judicial system is the organization of the existing court system in the state, the construction of its individual links, the judicial community, the acquisition and change of the status of judges, enshrined in law. The court is a special government body designed to exercise judicial power and administer justice. Justice is a special type of state activity carried out by the court in the implementation of judicial power by considering legal disputes in constitutional, civil, arbitration, administrative and criminal proceedings, ensured by the possible use of state coercion on the basis of the law to establish or restore violated rights, punish offenders and protect the legitimate interests of citizens , legal entities and the state. The prosecutor's office is a unified federal centralized system of special state bodies provided for by law that, on behalf of the Russian Federation, oversees the implementation of laws in force on its territory by state bodies, commercial and non-profit organizations, officials and citizens, criminal prosecution, coordination of the activities of law enforcement agencies in dealing with crime. Prosecutorial supervision is a specific state activity carried out on the basis of law by the Prosecutor General and his subordinate prosecutors 14
15 on behalf of the Russian Federation, independent of local authorities, to oversee the accurate and uniform implementation of laws in force on its territory by government bodies, commercial and non-profit organizations, officials and citizens. Preliminary investigation the activities of specially authorized state bodies provided for by the Code of Criminal Procedure for collecting evidence to establish the circumstances of the commission of a crime, identifying and exposing the persons who committed them, and bringing charges against them, as well as preparing criminal cases for consideration in court general jurisdiction. A lawyer is a person who has a special legal status, confirmed by inclusion in the Register of the Bar Chamber of a constituent entity of the Russian Federation and the issuance of a lawyer's certificate by the Rosregistration body of the Ministry of Justice of Russia, and who has the right to practice law. The Bar is a professional non-profit association of lawyers, organized on a state-territorial principle on the basis of self-financing and self-government, designed, on the basis of law, to provide the population and organizations legal services and legal assistance in selected and established legal entities. Notary is a system government agencies and special officials authorized by the state in accordance with current legislation to carry out notarial actions on behalf of the Russian Federation in established notarial districts on the territory of the Russian Federation or abroad to ensure the rights of citizens and legal entities, as well as non-profit professional organizations uniting notaries engaged in private practice, and representing their interests. A notary is a person working in a state notary office in a specified position or vested with powers in accordance with the procedure established by law and engaged in private notarial practice. A state notary is a citizen of the Russian Federation, appointed in accordance with the procedure established by law, working as a notary in a state notary office in a certain notarial district of Russia and having the corresponding class rank. A notary engaged in private practice is a person appointed to the position of a notary in the manner established by the Fundamentals of Legislation on Notaries and who is a member of the notary chamber of a constituent entity of the Russian Federation. The proposed definitions of the concepts of special legal terms of the training course have some features. They and their content should be used as a starting point when studying the topics of the academic discipline and the educational course as a whole, as from the most basic legal knowledge. The concepts of this training course are formed taking into account its cognitive specifics, namely the focus on studying the construction and organization of the activities of law enforcement agencies. Questions and tasks for self-control 1. Describe the subject of the course “Russian Law Enforcement Agencies.” 2. What are the objectives of the course “Russian Law Enforcement Agencies”? 3. Formulate the system of the course “Russian Law Enforcement Agencies”. 4. Expand the relationship of the course “Law Enforcement Agencies of Russia” with other legal disciplines. 5. Formulate and explain the concept of “law enforcement”. 15
16 6. Outline the tasks and main directions of law enforcement activities. 7. Describe the concept of “law enforcement agencies”. 8. Your attitude towards controversial issues concerning the law enforcement system. 9. What are the tasks of Russian law enforcement agencies? 10. Expand the functions and main activities of law enforcement agencies. 16
17 Chapter 2 FEDERAL LAWS AND OTHER REGULATIVE ACTS ON LAW ENFORCEMENT AGENCIES 2.1. General characteristics of the regulatory framework of the course “Law Enforcement Bodies of Russia” In accordance with the Constitution, the jurisdiction of the Russian Federation includes: establishing a system of federal judicial authorities; judicial system; prosecutor's office; the formation of federal judicial authorities, as well as federal executive authorities, including law enforcement agencies (Ministry of Internal Affairs of Russia, FSB of Russia, etc.) 3, the General Prosecutor's Office; regulation and protection of human and civil rights and freedoms (clauses “c”, “d”, “o” of Article 71; clause “f” of Article 83; clauses “g”, “h” of Part 1 of Art. 102). The subject of joint jurisdiction of the Russian Federation and its constituent entities are: protection of human and civil rights and freedoms; ensuring law, order, public safety; personnel of judicial and law enforcement agencies; advocacy; notary office (clauses “b”, “l”, part 1, article 72 of the Constitution). The above provisions of the Constitution indicate that the competence of the Russian Federation includes issues of legislation of general federal significance, ensuring the organization and activities of courts, the prosecutor's office, and other government bodies, the study of which is included in the subject of the course “Law Enforcement Agencies of Russia.” At the same time important questions attributed to joint management Russian Federation and its subjects. The organization and activities of government bodies studied in this course are regulated by many regulations various levels and unequal legal force. These normative acts can be classified according to their subject (content) and form (types of sources). On the subject of legal regulation, we can distinguish, first of all, universal normative acts. Among them, in relation to the studied sphere of social relations, is the normative act of the highest legal force, the Constitution. Another group of normative acts includes laws, as well as other sources of law, which are devoted to the organization and activities of courts, the judiciary, the prosecutor's office, and other law enforcement agencies. They include legal acts: on courts and judicial power; prosecutor's office and prosecutorial supervision; on public order bodies; security agencies; crime investigation authorities; about the tax police; customs authorities; on institutions of the penal system; about notaries; about advocacy. According to the Constitution, the judicial system of the Russian Federation is established by the Constitution and federal constitutional law. The Constitution determines that the powers, procedure for the formation and activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other federal courts are established by federal constitutional law (Part 3 of Article 118, Part 3 of Article 128). To date, the highest laws - 3 Clause “d” of Art. 71 of the Constitution, the formation of all federal government bodies is under the jurisdiction of the Russian Federation. Only the part that relates to the subject of this course is marked here. 17
18 federal bodies of Russia have adopted and are in force federal constitutional laws on the Constitutional Court, on the judicial system, on arbitration courts, and on military courts. The central place among special regulations on the judiciary, court and judicial system is occupied by the Law on the Judicial System (see 2.3). It defined the main functions of federal courts, with the caveat that their powers, formation and operation are determined by federal constitutional laws, some of which have yet to be adopted. Despite the adoption of the Law on the Judicial System, the Law on the Judicial System has not lost force, but it is applied to the extent that does not contradict the Law on the Judicial System (Parts 2 and 3 of Article 35), which corresponds to the provisions of paragraph 2 of Section. II of the Constitution that the laws in force on the territory of the Russian Federation before the entry into force of the Constitution are applied to the extent that they do not contradict it. In the event of a conflict between the norms of the laws of the RSFSR and the laws of the Russian Federation adopted on the basis of the Constitution, preference is given to the latter. This conclusion is contained in the Law on the Judicial System (Parts 2, 3 of Article 35) and the Constitution (Part 1 of Article 15). The organization and activities of law enforcement agencies ensuring security and public order are regulated by the laws on the police, on the operational investigation, on security, on the internal troops, on the state border, private detective and security activities, as well as the Customs Code. The organization and structure of the central offices of these bodies is based on the provisions of the relevant Ministries and services. The prosecutor's office in the Russian Federation is organized in accordance with the Law on the Prosecutor's Office. The organization, tasks and structure of notary bodies are based on the Fundamentals of Notary Legislation. The organization and activities of the legal profession are regulated by the Law on Advocacy. In terms of their legal force, the normative acts regulating the activities of the judiciary, the prosecutor's office, the internal affairs department, and other law enforcement and law enforcement bodies are not the same 4. The highest level among legislative acts is occupied by the Constitution (see 2.2). The next level is occupied by federal constitutional laws, and then federal laws. It must be taken into account that federal laws differ significantly in their significance and scope of regulation, but they are subject to general requirement they must not contradict the Constitution (Part 1, Article 15). Some of them are devoted to a set of issues included in an industry or sub-industry of legislation. If they cannot be fully considered industry codes (such as the Criminal Code, Criminal Procedure Code, Civil Code, Civil Procedure Code), then their distinctive feature is relatively high level systematization and complex nature. These include laws on the status of judges, on the prosecutor's office, on the police, on the operational investigation, on bailiffs, on the Judicial Department, on justices of the peace, on advocacy, on the bodies of the judicial community, etc. Another group of laws consists of the laws of the Russian Federation, which changes and additions are made to existing codified or complex regulations. Such regulations include, for example, federal laws from the Federal Law “On Amendments and Additions to the Law of the Russian Federation On the Status of Judges in the Russian Federation; from the Federal Law on Amendments to the Federal Law on the Bodies of the Judicial Community in the Russian Federation. 4 On regulatory legal acts regulating the organization, structure and tasks of law enforcement agencies, see: Law enforcement agencies of the Russian Federation: collection. 2nd ed. M.: Yurayt,
19 In the first half of 2007 alone, similar regulations were adopted to amend nine federal laws on law enforcement agencies of the Russian Federation. Currently, such a form of normative act as the Fundamentals of Legislation has become widespread in the Russian Federation. In the area of interest to us, in particular, such regulations include the Fundamentals of Legislation on Notaries. It is assumed that a similar form of law can be used in the future for the legal regulation of social relations, the adoption of laws on which is the joint competence of the Russian Federation and its subjects (see clauses “k”, “l”, part 1 of article 72 of the Constitution). Issues that are the subject of the joint competence of the Russian Federation and its constituent entities may be the subject of decision at the federal level by other forms of law, for example, the Law on Justices of the Peace. Adopted in accordance with the Law on the Judicial System, this Law established that magistrates in the Russian Federation are judges of general jurisdiction of the constituent entities of the Russian Federation and are part of the unified judicial system of the Russian Federation. The law determines that the procedure for the activities of justices of the peace and the creation of positions of justices of the peace is established by federal laws, and the procedure for the appointment (election) and activities of justices of the peace is also established by the laws of the constituent entities of the Russian Federation. The procedure for their administration of justice is established by federal law (Code of Criminal Procedure, Code of Civil Procedure). In terms of the administration of justice in cases of administrative offenses, the procedure for proceedings may also be determined by the laws of the subject of the Russian Federation. As can be seen, in all the cases considered, we are talking about delimiting the joint competence of the Russian Federation and its subjects. However, these are not all the issues that this Law resolves. Not only acts of the highest legislative and representative body of Russia, called laws, but also resolutions of this state body are of a normative nature. It is characteristic that these decisions in the area of legal regulation under consideration were adopted in two forms. The provisions were approved alone. For example, by resolution of the Supreme Council of the Russian Federation the Regulations on Qualification Boards of Judges and the Regulations on Qualification Certification of Judges were approved. In other cases, directly in the resolution of the highest legislative and representative body, certain issues requiring legal regulation were resolved. These include the resolution of the Supreme Council of the Russian Federation from “On some issues of implementation of the provisions of the Law of the Russian Federation On the status of judges in the Russian Federation in relation to judges of military courts, on their material support and measures for their social protection" Let us note that in this case, as with the approval of the above-mentioned Regulations, in the preamble of the resolutions a reference is made to certain articles of the Law on the Status of Judges. The next link in the hierarchy of normative acts after laws and resolutions of the highest legislative body is occupied by decrees of the President of the Russian Federation, which, as a rule, are of a subordinate nature. According to Part 3 of Art. 90 of the Constitution, decrees and orders of the President of the Russian Federation must not contradict the Constitution and federal laws. In relation to the area of legal regulation under consideration, the President of the Russian Federation adopts decrees in order to ensure the implementation of the Constitution, federal constitutional and other laws. In some cases they are aimed at regulating one issue, in others several interrelated issues. For example, the Decree of the President of the Russian Federation from “On the Public Security Police (Local Police) in the Russian Federation”, firstly, approved the Regulations on the Police, and secondly, instructions were given to the executive authorities of the constituent entities of the Russian Federation and authorities local government about the creation necessary conditions for the effective functioning of its divisions, ensuring reliable protection rights, freedoms and legitimate interests of citizens, timely response to 19
20 changes in the crime situation. Decrees of the President of the Russian Federation approved the Regulations on the Ministry of Internal Affairs of Russia, the Regulations on the Ministry of Justice of Russia, the Regulations on the FSSP of Russia, the Regulations on the Investigative Committee, etc. Following the presidential acts, it is necessary to highlight among the regulatory acts the decrees of the Government of the Russian Federation. Article 115 of the Constitution establishes a strict regulation on the boundaries of government acts, stipulating that the Government of the Russian Federation issues decrees and orders on the basis of and in pursuance of the Constitution, federal laws, and regulations of the President of the Russian Federation. In order to develop the universal provisions of Part 1 of Art. 15 of the Constitution in Part 3 of Art. 115 it is emphasized that decrees and orders of the Government of the Russian Federation, if they contradict the Constitution, federal laws and decrees of the President of the Russian Federation, can be canceled by the President of the Russian Federation. The Government of the Russian Federation issues resolutions on certain specific issues related to the organization and activities of government bodies included in the subject of study of this course. For example, in fulfillment of its duties, the Government of the Russian Federation adopted a resolution “On the conclusion of cooperation agreements between the Ministry of Internal Affairs of the Russian Federation and the competent departments foreign countries" The Decree of the Government of the Russian Federation established the amount of remuneration for lawyers participating as defense attorneys in criminal proceedings by appointment. Despite the significant differences in the subject matter of regulation of these Government resolutions, all of them were adopted on the basis of and to ensure the implementation of the Constitution, federal constitutional or federal laws. Among the regulations at the federal level, the final link is departmental regulations. A considerable number of them are published by the Prosecutor General's Office of the Russian Federation, the Ministry of Justice of Russia, the Ministry of Internal Affairs of Russia and other ministries and services of the Russian Federation. These acts have different names: orders, instructions, rules, regulations, etc. According to the Decree of the President of the Russian Federation, departmental acts affecting the rights and interests of citizens or relating to the scope of action of a number of departments cannot have legal force if they are not registered with the Ministry of Justice Russia and have not been published. In connection with this resolution, the Government of the Russian Federation approved special Rules for the preparation of normative legal acts of federal executive bodies and their state registration. Departmental regulations are sometimes issued jointly by two or more departments. For example, joint acts of the Ministry of Justice of Russia, the Ministry of Internal Affairs of Russia and the Prosecutor General's Office of the Russian Federation are known; The Ministry of Internal Affairs of Russia and the FSB of Russia, etc. It is common practice for one department to publish regulations with the preliminary approval of its draft with other departments. For example, the Ministry of Justice of Russia, together with the Ministry of Finance of Russia, issued an order from /89n, which established the procedure for calculating the remuneration of a lawyer participating as a defense attorney in criminal proceedings by appointment. In accordance with Part 4 of Art. 15 of the Constitution, generally recognized principles and norms of international law and international treaties of the Russian Federation are integral part her legal system. However, generally accepted principles and norms of international law are implemented mainly through domestic legislation. In accordance with this, as far as law enforcement agencies are concerned, these norms are included in the Law on the Judicial System, other regulations on courts and law enforcement agencies, and the most important of them in the Constitution. With regard to international treaties, which include treaties on legal assistance in criminal cases, the Constitution (Part 4 of Article 15) stipulates: if an international treaty establishes rules other than those provided by law, then 20
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The textbook provides information about government agencies carrying out law enforcement activities, as well as a number of other non-state entities designed to facilitate these activities, which give an idea of law enforcement activities in general, its specific areas (functions), the construction of relevant bodies and organizations,
their structure, interrelation and subordination, main powers and tasks, interaction with each other, with the state mechanism, etc. The textbook is written in a concise, compact and accessible form based on the Constitution of the Russian Federation, federal constitutional laws on courts, and other legislative and regulatory acts.
The textbook was prepared by specialists who have significant experience in scientific and pedagogical activities at leading universities and research institutes in Moscow and practical work in legal institutions of the country. Meets the requirements of the State educational standard of higher professional education.
For students studying in specialties 030501 (021100) “Jurisprudence” -, 032700 (050402) “Jurisprudence” (law teacher), 030505 (023100) “Law enforcement”.
Name: Law enforcement agencies of Russia
Bozhyev V.P.
ISBN: 978-5-9916-1126-8
Year: 2011
Pages: 336
Language: Russian
Format: djvu
Size: 10.4 MB
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