Internal affairs bodies play a key role in the entire structure of the law enforcement department of Russia. The legal basis of the police acts as a guarantor of the effectiveness of its work. The police are responsible for maintaining public order and safety on the street, for observing the legitimate interests of institutions and labor unions regardless of their form of ownership, for protecting the rights and freedoms of citizens, as well as for the prevention of crime and offenses. In this article we will discuss on the basis of what documents this structure works and what useful functions it performs for society.
Central provisions
The organizational and legal foundations of the police are a set of federal acts that are adopted by the competent authorities within their powers and regulate the activities and functional duties of the police. At the same time, legislative provisions fix how police activities should be carried out, and also indicate conditions, norms, grounds for applying coercive measures, and a federal guarantee for the competence of police officers.
What is the complexity of the legislative management of internal affairs workers? It lies in the multiplicity of objects and subjects, as well as the causes of offenses, the variety of issues solved by the police.
Point of view
The legal basis and principles of the police are fundamental guarantors of legality. They contain a description of the police work and the rules on the basis of which it is carried out.
Characteristic features of the principles of work of internal affairs officers:
- regulatory requirement enshrined in documents backed by legal force;
- The main rule reflecting the essence of the work of the police.
An action or inaction committed by an employee of internal organs that contradicts the principles of the police cannot be recognized as legal.
The basic principles of the police are reflected in the second chapter of the state law “On Police”. This document No. 3-ФЗ was adopted on February 7, 2011.
Respect and respect for freedom with the rights of citizens
The police carry out their work based on respect for and respect for the freedoms and rights of citizens. The activities of bodies that restrict or violate these conditions are prohibited, because infringement of human rights and freedoms in a democratic state is not permissible.
When a citizen addresses a police officer, the latter must indicate his rank, position and surname, then listen and take the necessary actions within his competencies or indicate whose authority will be sufficient to resolve the issue.
The legal framework for organizing police activities reflects that information about people's personal lives acquired during police work cannot be disseminated without their consent. Exceptions are situations spelled out and recorded in state acts.
Law and Impartiality
The legal basis for police activities is determined in accordance with the principle of impartiality and the rule of law. Arbitrary restriction of freedoms, rights, legitimate interests of people and public associations, institutions, authorized persons is not provided, it is possible in the framework of an agreed and established state act.
When performing official duties, employees of internal organs are not entitled to justify their actions or their absence, as well as refer to personal interest, economic efficiency, circumstances, instructions or decisions of higher authorized persons.
Internal bodies provide equal protection of the rights, freedoms, interests of the individual, regardless of gender, race, nationality, language, origin, monetary or official position, place of residence, religion, belief, involvement in groups, unions, or other circumstances.
The police officer must be respectful of the customs and traditions of different peoples, take into account the cultural and other characteristics of different ethnic peoples, religious communities, interethnic and interfaith associations.
Openness and publicity
The legal basis for the activities of the Russian police is based on the principle of openness to citizens within the limits established by state norms of criminal law, operational investigative work and administrative law. However, it does not violate human rights and various associations.
Internal bodies systematically notify state (municipal) bodies, citizens about their work through the media, the Internet. It is also implemented by providing the executive regional authorities, employees of municipal departments and citizens with analytical and statistical reporting on the activities of authorized bodies.
Public trust and support
The legal basis for the activities of the police is necessary to build trust and support on the part of society in the work of law enforcement agencies. For citizens, the actions of police officers should be as clear and justified as possible.
In case of violation by a worker of internal affairs of human rights or organizations, he is obliged, on the basis of his competencies, to take steps to renew these rights.
The opinion of society is the most important indicator for evaluating the work of internal organs, which are the state structures of the executive branch, that is, the police.
Collaboration and collaboration
The legal basis of the police is cooperation with interaction. In carrying out this task, employees of internal organs systematically interact with law enforcement agencies, state or municipal services, various associations, institutions and ordinary citizens.
Employees in order to achieve maximum efficiency in their work (in the performance of official duties) can apply to state or municipal services, various associations, institutions in the manner established by the law of Russia.
Application of special equipment and scientific achievements
The legal basis for police activities includes agreed provisions on the use of special equipment, communication channels, scientific achievements and a modified system of laboratory and testing devices.
The main types of technical devices include devices with video, audio, photo fixation. They are extremely necessary in establishing the circumstances of the commission of offenses and details at the scene. Also, thanks to technical devices, the actions of police officers who carry out their duties are monitored.
Office work
The legal basis for administrative work of the police is crucial. Indeed, the activity of internal organs presupposes an authoritative character and consists in the implementation by the police, within the framework of their powers, of external administrative, procedural, jurisdictional measures, as well as in conducting internal organizational work to ensure the reliable functioning of all police structures.
In the process of their work, the police authorities carry out a significant number of administrative functions, during the implementation of which they, in accordance with their competencies, enter into special legal relations with state or municipal services, various associations, institutions or citizens.
The administrative tasks of the police are carried out as part of the administrative work, which, together with the criminal procedural and operational-search activities, is one of the most important and capacious types of work.
Letter of the law
A characteristic feature that distinguishes the legal norms of internal organs from other structures is the large number of possible subjects of offenses. That is why there are so many acts regulating the activities of the police. Below, we identify key documents that fix certain aspects of the organizational and legal foundations of the police. All of them are substantively different from each other, because they characterize the multidirectional aspects of the tasks that the police solve.
Legislation
The legal basis for the police is the following documents:
- The Constitution of the Russian Federation, fixing the fundamental principles of normative regulation of relations in society, which are under the protection of the state of law, freedom and the right of every citizen of the country, as well as the regulation of public order by the police.
- International treaties, which are written agreements and signed between Russia and a foreign state (or several countries) or an international institution. Today, there are about 1,000 such agreements of interstate, government, departmental action with more than 50 countries.
- Generally recognized norms with the principles of the law of international relations are defined as the primary norms of law in the international legal field. The rights of all countries are approved and recognized by international bodies without the possibility of rejection and withdrawal.
- State laws (constitutional, federal, regional). The main acts regulate martial law, state of emergency, the activities of the police themselves.
- Legitimate documents issued by the President and Government of the Russian Federation. Decrees of the head of state regulate a significant range of problems of the work of the structure of the Ministry of Internal Affairs of Russia, including the police. Decisions of government bodies regulate all kinds of issues regarding the principles of work of internal organs.
Post control
The definition of “patrol structure” in practice has two meanings. The first meaning is understood as a complex of structures, divisions, units that exercise control over the maintenance of order (security) in public places. In the second version, this concept is considered as a type of work of special units in the police in the suppression of criminal acts with the protection of order (security) in public places. Both descriptions presented from different angles reveal the content of the concept of patrol police.
The legal foundations of the activity of the police patrol service are determined by the Constitution of the Russian Federation, the concepts and acts of the Ministry of Internal Affairs of Russia, international treaties, state constitutional norms, presidential and governmental norms.
As part of the operating mode, groups and funds are counted, patrol groups engaged in law enforcement are allocated. All the functions performed during the duty are fixed by order, the general routine of the rule of law, the schedule of the arrangement of personnel.
Help is near
The divisional bodies of authorized departments are of great importance for the entire structure of the internal service.They, while on duty at a certain territorial site, carry out work to protect legitimate freedoms, rights and interests, as any citizen of Russia and persons who have not received citizenship.
The legal basis for the activities of district police commissioners consists of the norms of the Russian Constitution, principles recognized throughout the world, ratified international treaties of Russia, state constitutional norms, acts of the Ministry of Internal Affairs of Russia, as well as state laws, presidential and government acts. When carrying out the work assignment, the precinct, within the framework of his authority, adheres to the norms of regional bodies affecting the implementation of law enforcement and public safety.
One of the most significant and important tasks of his activity is to work with citizens' statements on issues that have arisen or a personal reception. This activity is one of the main methods for constructively establishing relations between the district officer and various public institutions. At the same time, it acts as a way of exercising the powers of internal organs to assist the population, protect legal freedoms, rights, interests of every person and prevent illegal acts.