Public order: concept. Policing

Each person, consciously or unconsciously in their activities, is guided by certain rules. They act as patterns, patterns of behavior. All these rules are different in terms of content and methods of occurrence. However, one goal unites them. These models prevent the actions that destroy the rule of law and public order.

Classification of Standards

According to their subject of regulation, the rules can be divided into two large categories. The first is social norms. Due to them, the rule of law and public order are formed. They coordinate the relationship between people and their groups. The second category includes technical standards. They regulate the interaction between man and the world around him - technology and nature.

Social norms

They act as rules of conduct, following which a public order is formed. Existing patterns of behavior illustrate how to act in certain cases. Social norms regulate relations in society, acting as a means of control, a necessary condition for the development and life of mankind. Thus, the maintenance of public order depends on their direct action.

Technical Standards

These patterns indicate how to behave against a variety of natural objects complex and simple devices, how to form material values. In accordance with the development trends of the modern world, especially over the past two centuries, there has been an exacerbation of environmental, raw materials, nuclear, energy, and a number of other global problems. In this regard, more and more technical standards are becoming social, forming a qualitatively new layer. These new models allow you to regulate the interactions between people in the process of their implementation of technical instructions and rules. Thus, they also indirectly regulate public order. Such standards, for example, include prescriptions in force in the field of substantive law, traffic regulations, standards for the operation of various equipment, and technical regulations for the storage, transportation and use of explosive, poisonous and other toxic compounds, and so on.

Public order: concept

The need to establish proper living conditions is determined by the very nature of society. He needs a stable, stable system of relations, discipline, rules that prevent such offenses. Public order does not exist in a world where licentiousness, impunity, and immorality reign. In the theory of state and law, it was established that for any method of production of material goods, the strengthening of social interactions and ties is required. Without this, the purposeful and joint activity of mankind is unthinkable. What is public order? The concept in a pre-class society suggested that people have certain traditions and customs. On the basis of their population entered into a relationship, performed a particular activity. After the advent of private property, the division of labor, the formation of classes, the maintenance of public order is ensured through moral and legal norms established by the state.

The essence of the phenomenon

Public order is formed from volitional relationships between people, manifested in their behavior and actions.They act as the result of their conscious activities. The state and the political system have an active impact on relations between people. The organization of public order acts as one of the main functions of power. The implementation of this task is carried out through the adoption of certain laws, control over their observance and implementation. Thus, public order within the state is a socio-legal category based on the relations between people when they follow established moral, moral and other norms. The inviolability of this system is guaranteed by the authorities. The essence of the phenomenon is formed by relatively stable, regular, necessary internal connections that are inherent in order and combine all its elements into one complex.

Look at the problem

Public order as a system of social relations and relations in literature and legislation is considered in the broad and narrow sense. In the latter case, we are talking about the fact that the established rules do not apply to all existing interactions, but only to a certain part of them. The need for such a separation is determined by the diversity and versatility of relations between people in each particular field, the presence of special legal norms aimed at regulating these relations.

In addition, one should take into account the types of liability established for such crimes in legislation. There will be no public order unless the state provides for certain regulatory instruments. Not all power institutions are authorized to use them. For their application, relevant public order bodies are formed. Their competence, duties and capabilities are strictly regulated by law. Along with this, a special place is given to citizens in the system. To one degree or another, all people living in the country can participate in the protection of public order. However, the population does not have such powers as are vested in different instances. In this regard, the safety and protection of public order by people are implemented by observing the requirements established in laws and norms.

Basic goals

Considering the public order as a socio-legal category, it should be noted that the system is conditional on the needs of the population, the satisfaction of which occurs in the process of interaction between different people. Relations are formed in appropriate places during communication. The purpose of this entire system is to ensure a calm environment for human life, normal conditions for rest and work, the activities of organizations, institutions, services, authorities, institutions of power.

Public places

There is no clear definition of this term in the legislation. Nevertheless, the norms provide an approximate list of places belonging to the category of public. It includes, in particular:

• Highways.
• Parks.
• Airports
• Train stations.
• The marina.
• Streets.
• Squares and so on.

In literature, a public place is defined as the territory on which communication between people takes place to satisfy different life needs. So, this term is associated with the stay in one area of ​​a group of persons. Violation of public order, thus, will affect the interests of other people who are with the guilty person in the same territory. This circumstance explains the establishment of punishment for the same act committed in crowded places and outside of them. In the first case, it will be considered as a violation of public order and will entail responsibility. For example, the law provides for punishment for drinking alcohol in a park, on the street, etc.

Material content

This element of public order includes real social relations.As the material basis are:

1. The economic regime in the country.
2. The political structure of the state apparatus.
3. Type of democracy.
4. The actual needs and interests of the population (members of society).
5. The system of relationships between people and the need for their regulation.

Volitional element

It manifests itself in the behavior of persons who take part in the protection of public order, its formation, maintenance. Willful acts of a person, acting as a function of his psyche, have a close relationship with reality and depend on reality. Those or other actions that the individual commits in the field of public order may comply with the requirements of the law. Due to this, there is a consolidation of the social situation in the country. Human behavior may be contrary to established standards. In this case, his actions under certain circumstances are regarded as crimes against public order.

Subjective will manifests itself in the conscious production of the behavioral acts necessary for a person to achieve any goals. In this case, of particular importance is the upbringing of a person's respectful attitude to established social norms, through which the maintenance and protection of public order is carried out. State will is expressed in legislative acts. It is a must for everyone. Rules and regulations establish patterns of human behavior, regulate relations between them and other important aspects of social life. Due to this regulatory influence on actions, behavior, that is, the will, of the participants in the interactions, state protection of public order is carried out.

Legal aspect

The norms that apply in the field of public relations coordinate the behavior of citizens through:

• The introduction of prohibitions on the commission of actions causing negative consequences for society.
• Establishment of rules that prescribe the possible or proper behavior of people.
• Definitions of competence and regulation of the activities of authorized persons to protect the order of subjects.
• Establishment of liability for non-compliance with regulations and prohibitions.

Thus, normative regulation covers a fairly wide range of relations that develop between people within the framework of public order.

Constitutional provisions

The norms of the basic law occupy a leading place in the field of legal regulation of relations within the framework of public order. Constitutional prescriptions not only express the basic principles of state structure and interaction between subjects. They impose an obligation on citizens and associations, officials, state and territorial bodies to abide by the established rules. In particular, the formation and functioning of organizations whose goals and activities are aimed at forcibly changing and destroying the integrity of the country's system, inciting religious, national, racial, and social discord is prohibited on the territory of the Russian Federation.

Legislative and by-laws

They also play an important role in maintaining public order. Norms aimed at creating normal and calm conditions for the life of the population and organizations are provided for in the Criminal, Administrative and other codes. They are also present in government decrees and presidential decrees, acts adopted by other bodies of executive and representative power of subjects and municipalities.

Morality, customs and traditions

These elements have existed in society since ancient times. They impose certain obligations on people, act as a means of preventing any crime against public order. Morality educates a person in the spirit of steady and precise observance of the law, respect for the dignity and honor of other people.It contributes to the development of intransigence to antisocial manifestations, the formation of conscientious performance of certain duties, responsibilities and other things. Together with that moral standards are the basis for action against those who do not comply with the law. Antisocial actions may be the subject of discussion at meetings of a friendly court, labor collective, and so on. The observance of the moral principles and rules of the hostel largely determines the state of order in society, its strength within the state.

Antisocial manifestations: a potential threat

The more developed and civilized a society becomes, the more intolerant is manifested in it of various actions that corrode it. In this sense, the observance by all people of established norms of behavior is becoming increasingly important over time. The need to strengthen and maintain public order is determined by the interests of the state, the entire population and each person individually. The established norms reflect the will of the majority of people living in the country, contribute to the development and improvement of relations between entities. Regulations protect legitimate interests freedom and rights of people, organizations, enterprises, institutions.

State involvement

Issues related to strengthening and maintaining order in society are the subject of concern of the authorities. The state, especially in modern conditions, pays attention primarily to the education of the population respect for the laws, the correct attitude to accepted standards and existing rules. Of primary importance in the activities of the authorities is the elimination of violations in the field of labor discipline, the prevention of bribery and theft, hooliganism, drunkenness and other antisocial manifestations. Close attention is directed to protecting the individual, stabilizing his position in the state, preserving and ensuring the realization of economic, political and other rights and freedoms. Along with this, the responsibility of people for their behavior to the collective, power, and other individuals is growing. The achievement of the goals is carried out by the state through the consistent implementation of educational, organizational and legislative measures. They are aimed at strengthening the strength of the legal basis of life, discipline, and the fight against antisocial manifestations.

Exposure tools

Measures to strengthen order in society are provided for in domestic law. In recent years, it has undergone a number of significant changes. In particular, in 1991 and subsequent years, legislative acts were adopted that are directly focused on ensuring order in the country and society, maintaining security in the state. These, in particular, include the Federal Law on:

• about the police;
• emergency situations;
• operational investigative activities;
• safety;
• internal troops of the Ministry of Internal Affairs of the Russian Federation and many others.

Establishing and maintaining social stability

Public order protection is the implementation by state institutions in conjunction with social associations of various measures aimed at protecting life and health, dignity and honor, freedoms, interests of people, organizations, institutions, officials, enterprises. The purpose of their application is the creation of a calm environment in the settlements, conducive to relaxation and work, stable work of social associations, state institutions, groups of enterprises. The system of measures includes legal regulation - the adoption by authorized bodies of the relevant acts coordinating the behavior of the population, as well as the implementation by all entities of these requirements.

Practical use of measures

It is expressed in the activities of authorized bodies to suppress and prevent antisocial actions, to hold perpetrators accountable. Measures are also implemented by assisting competent associations and authorities in creating and maintaining normal conditions for communication and mutual relations of people in the course of labor, production and other activities permitted by law, as well as in satisfying their spiritual and material needs. Equally important in the use of instruments of influence is the provision of guarantees for the performance of duties and the exercise of rights by all entities.

Ways to maintain stability

The complex and rather complex nature of the sphere of regulation of public order requires the formation of different methods for its protection. Given the specifics of regulatory regulation and the nature of the measures used, there are several ways to maintain stability in the state. These include:

1. Operational-search method. This method involves the use of measures aimed at the disclosure and prevention of crimes in the field. Such activities are also focused on the search and detention of persons who are hiding from liability, investigation and trial.
2. Administrative method of protection. It involves the use of organizational and rule-making measures. Administrative tools allow you to prevent and prevent offenses. Responsibility in this case is manifested in the form of applying appropriate penalties to the perpetrators.
3. Criminal regulation. This method is implemented through prosecution and punishment of perpetrators in accordance with the procedure established in the Criminal Code and Code of Criminal Procedure of the Russian Federation.
4. The civil law method of ensuring public order provides for the use of means to protect the interests of people, organizations, enterprises from encroachments related to causing material or moral harm.

Interaction with other areas of life

Public order has a close relationship with social security. It, as indicated in legal journals, consists of relationships that relate to the localization (prevention) of negative for the health and life of people and their property actions and phenomena, which, in turn, act as consequences of the behavior of individuals or the actions of natural forces. Security relations have their own specifics. However, it does not create obstacles to compliance with the norms and rules of behavior in society.

Moreover, strengthening public order enhances the security of the individual and the entire population. To clarify the essence of these phenomena, of particular importance is the question of their relationship with another sphere of life. This, in particular, is about the rule of law. It is considered as the correct, adjusted device and the state of something. Law and order and public order are two interconnected categories. The first is used to characterize the state of relations in society, which is formed during the regulation of interactions by legal norms and their implementation. Law and order and public order perform common functions - establish stability in the social sphere.