Who belongs to law enforcement? Law enforcement

Subject and discipline system " Law enforcement Russian Federation»

Subject of study academic discipline“Law enforcement agencies of the Russian Federation” are state and non-state entities whose activities are related to the protection of the legal system of the state, as well as the protection of rights, rights and legitimate interests citizens. The purpose of this academic discipline is to inform students about the key aspects of the activity and the regulatory legal acts governing it.

Structurally, the discipline “Law Enforcement Agencies of the Russian Federation” can be presented in the form of three organically interconnected sections. The first section includes the following basic concepts: the concept of law enforcement agencies, their system, principles, regulatory framework activities, etc. Without carefully studying them, it is impossible to form a systematic idea of ​​law enforcement agencies in Russia and the main trends and patterns of their development.

The second section contains information about the judicial system of the Russian Federation: about the courts operating in the country, their tasks, competence, structure, as well as legal status judges and bodies of the judicial community.

The third section covers all other law enforcement agencies beyond judicial system. Just as in the previous section, the tasks, principles of activity, competence, structure and features of the formation are considered personnel policy in these law enforcement agencies.

Students’ understanding of the academic discipline “Law Enforcement Agencies of the Russian Federation” contributes to a better understanding of the provisions of special legal disciplines: criminal law and criminal procedure, administrative law and administrative activities, operational investigative activities, civil process, constitutional law and etc.

Concept and characteristics of law enforcement agencies

Protection of the rights and freedoms of citizens and people is a constitutional duty of the state. It is worth saying that the powers to protect them are vested in specially created state power structures called law enforcement agencies.

What should be considered law enforcement agencies? The term “law enforcement agencies” itself Lately is actively used by the legislator. At the same time, this phrase is not deciphered in any regulatory act. In connection with this, the authors of this manual are faced with the task of formulating own definition of this term.

First of all, let's look at the signs that distinguish law enforcement agencies from the general mass of social entities.

First sign related to the purpose of law enforcement activities. This goal follows from the names of the organs. This is protection of rights. Protection of rights implies: a) restoration of the violated right; b) punishment of the offender; c) simultaneous restoration of the violated right and punishment of the offender. As is clear from this interpretation, protection of the right follows the violation of the right. In other words, a right is protected only when it is violated. By general rule This is what really happens: you cannot condemn anyone to a crime. At the same time, it seems that the essence of protecting rights is not exhausted by the three tasks given above. It is important for a citizen not only that his violated rights are promptly restored and that violators are punished fairly, but that his rights are not violated at all. For this reason, it is advisable to add another component to the essence of the protection of rights, such as the creation of conditions that prevent the violation of rights.

The purpose of law enforcement agencies also includes the protection of legal foundations that ensure the normal functioning of the individual, society, state, as well as other objects, in particular the environment.

A violated right gives rise to the obligation of the state to show a proper reaction in the form of condemnation or sanctions. The right to ϶ᴛᴏ arises only if all the circumstances of the offense have been established. State-authorized law enforcement agencies are engaged in clarifying the real picture of illegal events. It is worth noting that they identify violations and establish facts of offenses being committed specific persons, create conditions for making legal decisions.

It follows from this second sign law enforcement agencies: law enforcement agencies are government agencies. All law enforcement agencies are created and funded by the state. They are staffed by specialists who meet certain requirements and have special training and education (usually legal) The given attribute absorbs whole line features which individual authors single out as independent signs law enforcement agencies, such as: carrying out law enforcement activities special persons; the binding nature of decisions made by these persons.

Requirements for law enforcement specialists and the limits of their powers are enshrined in law. From here third sign: law enforcement agencies carry out their activities on the basis of the law and in conjunction with it. The activities of law enforcement agencies are regulated special laws. As an example, we can cite the laws “On the Police,” “On the Prosecutor’s Office of the Russian Federation,” “On the Federal Security Service,” etc.

For its normal functioning, the state is forced to resort not only to positive incentives for individuals and legal entities, but also to negative leverage. Therefore, law enforcement agencies have the right to use coercive measures. This lies in fourth sign, separating them from other government structures.

These characteristics are inherent in all law enforcement agencies without exception. They can be designated as first stage signs. The absence of at least one of them means that the body cannot be classified as law enforcement.

At the same time, there are signs that belong exclusively to certain law enforcement agencies. These are the so-called signs of the second stage. If there is at least one such sign, we can say that this is a law enforcement agency. Moreover, even in the absence of all the signs of the second stage, it is impossible to draw the opposite conclusion.

The signs of the second stage include:

• the right to apply the norms of criminal law;
• exercise of powers within a strictly defined procedural form.

For example, the activities of courts are characterized by different kinds legal proceedings: criminal, civil, arbitration, constitutional, administrative.

Based on the above characteristics, we can formulate a definition of law enforcement agencies.

Law enforcement – ϶ᴛᴏ special bodies created by the state for the purpose of protecting rights, acting on the basis of and in harmony with the law, endowed with the right to apply coercive measures, and in some cases the right to apply criminal law and the obligation to comply with a certain procedural form.

Most law enforcement agencies fit the above definition, in particular the police, prosecutor’s office, security agencies, etc. At the same time, some entities clearly law enforcement Some signs may be absent. As an example, we can cite an organization that takes the position of protecting the rights of citizens, such as the Bar. Of the above characteristics, only two are suitable for the legal profession: the purpose of activity and functioning on the basis of the law. Based on all of the above, we come to the conclusion that formally such bodies cannot be called law enforcement. At the same time, they will undoubtedly be law enforcement in essence and, most importantly, in terms of the goals of their activities. The material was published on http://site

In order to highlight the law enforcement nature of the activities of these bodies and at the same time show that in the narrow sense they will not be law enforcement, representatives of the Nizhny Novgorod school of proceduralists (in particular, V.T. Tomin) introduced a special term "quasi-law enforcement agencies." This term is formed using the Latin prefix “quasi-”, which has two meanings: a) imaginary, unreal; b) almost, close. IN in this case the specified particle is applied in the second meaning.

Based on all of the above, we come to the conclusion that quasi-law enforcement agencies are ϶ᴛᴏ state bodies, public organizations and private institutions that assist law enforcement agencies in performing their functions, as well as directly providing legal assistance to citizens and legal entities.

In addition to the already mentioned legal profession, quasi-law enforcement bodies include the notary office, private detective and security activities; legal service enterprises and organizations.

Law enforcement system

The law enforcement system can be divided into judiciary(courts) and other law enforcement agencies.

The judicial system, in turn, contains the Constitutional Court of the Russian Federation, federal courts general jurisdiction, the system of arbitration courts and courts (magistrates and constitutional (charter) courts) of the constituent entities of the Russian Federation.

Constitutional Court RF will be a judicial body constitutional control. This judicial body is called upon to independently and independently exercise judiciary through constitutional proceedings.
It is worth noting that the main goal of the activities of the Constitutional Court of the Russian Federation is to protect the foundations constitutional order, fundamental rights and freedom of man and citizen, ensuring the supremacy and direct action Constitutions throughout the Russian Federation.

System of federal courts of general jurisdiction its name already emphasizes the breadth of coverage legal issues falling within its procedural competence. In fact, all legal issues that arise in the lives of citizens are resolved mainly in courts of general jurisdiction.

In the system of federal courts of general jurisdiction, the following can be distinguished: system general ships and system military ships. The latter became isolated due to historical tradition and consist of courts of military districts (fleets) and garrison ships. Both these systems have in common higher authority – Supreme Court RF (it will be both a general and a military court at the same time)

The system of general courts includes the courts of the constituent entities of the Russian Federation, district courts. In addition to the courts of general jurisdiction, there are also justices of the peace, although due to their organizational and legal status they are not related to federal courts of general jurisdiction, but are formed by the legislative (executive) authorities of the constituent entities of the Russian Federation.

Arbitration court system created primarily to resolve economic disputes, arising between legal entities, although arbitration courts have other powers. Today, the system of arbitration courts includes the Supreme Arbitration Court of the Russian Federation, federal arbitration courts arbitration districts (cassation courts), appellate courts and arbitration courts of the constituent entities of the Russian Federation.

Courts of the constituent entities of the Russian Federation include magistrates and constitutional (statutory) courts of the constituent entities of the Russian Federation.
It is worth noting that the main task of magistrates is to consider and resolve legal disputes, which most often occur in Everyday life citizens.

Constitutional (statutory) courts were created to consider controversial legal issues regarding the constitutionality or the charter of the subject adopted by the authorities of the constituent entities of the Russian Federation.

Other law enforcement agencies also form a system consisting of:

• prosecutors;
• internal affairs bodies;
• federal service security;
• organs state protection;
• state bodies tax service;
• customs authorities;
• authorities against illegal trafficking drugs;
• organs preliminary investigation;
• justice authorities.

The law enforcement system is designed to implement such important functions as:

• constitutional control;
• administration of justice;
• prosecutor supervision;
• investigation of crimes;
• operational search function;
• execution court decisions;
• providing legal assistance and defense in criminal cases;
• prevention of crimes and other offenses. All these functions are interconnected and complement each other.

Their descriptions will be given in detail as specific law enforcement agencies are described.

Interaction between law enforcement agencies and other agencies. A high-quality solution to the problems facing law enforcement agencies is possible only through the interaction of these bodies with each other and with other government agencies.

Law enforcement agencies exercise judicial and executive powers. Their interaction with organs legislative branch occurs traditionally through current and future legislation. Law enforcement agencies do not have the right to criticize laws or give them a political assessment; they are obliged to implement the laws. At the same time, a number of law enforcement agencies have the right legislative initiative. These are the highest judicial bodies: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation.

The main area of ​​interaction between law enforcement agencies and other bodies is ensuring the rule of law and security. In fact, not a single public or government structure cannot exist independently of law enforcement agencies. The latter protect the life and health of persons working in other bodies, as well as their property. To all events carried out by other government bodies and public associations, law enforcement forces are involved.

Law enforcement agencies of the Russian Federation interact with similar structures foreign countries. It is worth saying that in order to streamline this activity, special agreements are being developed. This activity is reflected in the new Code of Criminal Procedure (Part 5 “ The international cooperation in the field of criminal proceedings")

Regulatory framework for the activities of law enforcement agencies

The organization and activities of law enforcement agencies are regulated by many legislative and other regulatory legal acts. They can be grouped by various reasons. We will group them by legal force.

Normative legal act of the highest legal force will Constitution. The Constitution is the fundamental law of our country, it serves as the foundation legal basis for any branch of law and legislation. The Constitution has direct effect and is applied directly throughout the territory of the Russian Federation, without the need for certain of its provisions to be textually or substantively reproduced (concretized, detailed) in specially adopted laws, by-laws, departmental instructions and so on.

Followed by federal constitutional laws. It is worth noting that they regulate the most important areas of activity of law enforcement agencies, consolidate legal basis activities of the largest blocks law enforcement system. As a rule, these laws regulate the activities of courts. The modern judicial system is based on such federal constitutional laws as the Law on the Constitutional Court, the Law on Arbitration Courts, and the Law on the Judicial System.

The main role in regulating the activities of law enforcement agencies belongs to federal laws. The list of these laws is very long. Almost every body has a specific law. As an example, we can name such laws as the Law on the Prosecutor's Office, the Law on the Police, the Law on Service in Customs Authorities and a number of others. Except for the above, specified bodies in their activities they rely on a number of “universal” laws. It is worth noting that they organize their activities in conjunction with procedural legislation(Code of Criminal Procedure, Civil Code, Arbitration Procedure Code) and other laws relating to their activities, in particular Federal law dated August 12, 1995 No. 144-FZ “On operational investigative activities.”

The next group of regulations can be combined with the term "subordinate regulations». These include decrees of legislative bodies, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, departmental regulations.

TO legislative decisions These are decisions of the State Duma and legislative bodies of the constituent entities of the Russian Federation. The State Duma Federal Assembly The Russian Federation can regulate individual issues activities of law enforcement agencies, in particular the procedure for serving, certification of employees, etc.

Decrees of the President of the Russian Federation, As a rule, the structure of individual law enforcement agencies, for example, the federal security service, is established, and the functioning of individual units is also regulated.

Decrees of the Government of the Russian Federation regulate the work of law enforcement agencies that fall under its subordination, in particular internal affairs bodies, customs bodies, bodies of the Ministry of Justice of Russia, etc. Thus, the Government of the Russian Federation has established the structure of the criminal police and public security police.

Departmental regulations occupy significant place in detailed regulation of the activities of law enforcement agencies. This various orders, instructions, rules and regulations of the relevant ministries and departments. These acts carefully describe the order of functioning of law enforcement agencies in accordance with the Constitution and federal laws. Thus, orders of the Ministry of Internal Affairs of Russia establish the procedure for receiving statements and reports of crimes from citizens; order forced drive citizens who evade appearing in court and investigative bodies; procedure for escorting persons, etc.

Interdepartmental orders and instructions are also issued. For example, Instructions on the procedure for handling physical evidence signed by the heads of the Russian Ministry of Internal Affairs, General Prosecutor's Office RF and the Russian Ministry of Justice.

Certain areas of law enforcement activity are based on international legal acts. These are different international treaties, for example, on the extradition of terrorists and other criminals, etc.

The book contains answers to the main questions of the topic “Law Enforcement Agencies.” The publication will help you systematize the knowledge gained in lectures and seminars and prepare for taking an exam or test. The manual is addressed to students of higher and secondary educational institutions, as well as everyone interested in this topic.

A series: Lecture notes

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The given introductory fragment of the book Law enforcement agencies (P. Yu. Petrov, 2011) provided by our book partner - the company liters.

© P. Yu. Petrov, compilation, 2011

© OOO Publishing House “Sova”, 2011

Law enforcement system of the Russian Federation

Signs and concept of law enforcement agencies

The powers to protect the rights and freedoms of citizens are vested in special structures created by the state authorities, called law enforcement agencies.

Law enforcement- these are special bodies created by the state for the purpose of protecting the law, acting on the basis and in accordance with the law, endowed with the right to apply coercive measures, and in some cases the right to apply criminal law and the obligation to comply with a certain procedural form.

Let us name a number of characteristics of law enforcement agencies that distinguish them from the general mass of social entities.

Signs of the first stage

1. First sign. The purpose of the activity is the protection of rights.

Protection of rights implies:

a) restoration of the violated right;

b) punishment of the offender;

c) simultaneous restoration of the violated right and punishment of the offender.

Protection of the right is carried out following the violation of the right, but one of the main tasks is also to create conditions that prevent the violation of the right.

The purpose of law enforcement agencies also includes the protection of legal foundations that ensure the normal functioning of the individual, society, and state.

The state’s right to impose sanctions arises only if all the circumstances of the offense are established, which is what law enforcement agencies do. They identify violations, establish facts of offenses committed by specific individuals, and create conditions for making legal decisions.

2. Second sign. Law enforcement agencies are government agencies. They are created and financed by the state. They are staffed by specialists who meet certain requirements and have special training and education. The requirements for them, as well as the limits of their powers, are enshrined in law.

3. Third sign. The activities of law enforcement agencies are regulated by special laws, for example the Federal Law “On the Police”, “On the Prosecutor’s Office of the Russian Federation”, “On the Federal Security Service”, etc.

4. Fourth sign. Law enforcement agencies have the right to use coercive measures. The fact is that for normal functioning the state is forced to resort not only to positive incentives for individuals and legal entities, but also to negative leverage.

The absence of at least one of the listed signs means that the body cannot be classified as law enforcement.

Signs of the second stage

1. The right to apply the norms of criminal law.

2. Exercising powers in a strictly defined procedural form. The activities of courts, for example, are characterized by various types of legal proceedings: criminal, civil, arbitration, constitutional, administrative.

If there is at least one such sign, we can say that this is a law enforcement agency.

Quasi-law enforcement agencies– these are government bodies, public organizations and private institutions that assist law enforcement agencies in performing their functions, as well as directly providing legal assistance to citizens and legal entities.

Quasi-law enforcement agencies include the bar, notaries, private detective and security agencies; legal service of enterprises and organizations.

Composition of the law enforcement system

Law enforcement system consists of judicial bodies (courts) and other law enforcement agencies.

The judicial system includes the Constitutional Court of the Russian Federation, federal courts of general jurisdiction, a system of arbitration courts and courts (magistrates and constitutional/ statutory courts) subjects of the Russian Federation.

Constitutional Court of the Russian Federation – a judicial body of constitutional control, designed to independently and independently exercise judicial power through constitutional proceedings.

The main goal of the activities of the Constitutional Court of the Russian Federation is to protect the foundations of the constitutional system, the fundamental rights and freedoms of man and citizen, to ensure the supremacy and direct effect of the Constitution of the Russian Federation throughout the entire territory of the Russian Federation.

System of federal courts of general jurisdiction consists of a system general vessels and systems military ships. Both of these systems have a common higher body - the Supreme Court of the Russian Federation (it is both a general and a military court at the same time).

Common Court System includes courts of constituent entities of the Russian Federation, district courts. In addition, magistrates also belong to courts of general jurisdiction, although in terms of their organizational and legal status they do not belong to federal courts of general jurisdiction, but are formed by the legislative (executive) authorities of the constituent entities of the Russian Federation.

Arbitration court system created primarily to resolve economic disputes arising between legal entities, although arbitration courts also have other powers. Currently, the system of arbitration courts includes the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of arbitration districts (cassation courts), appellate courts and arbitration courts of constituent entities of the Russian Federation.

Courts of the constituent entities of the Russian Federation include magistrates and constitutional (statutory) courts of the constituent entities of the Russian Federation.

The main task of magistrates– consider and resolve legal disputes that most often occur in the everyday life of citizens.

Constitutional (statutory) courts are created for consideration of controversial legal issues regarding the compliance of normative legal acts adopted by the authorities of the constituent entities of the Russian Federation with the Constitution of the Russian Federation or the charter of the constituent entity.

Other law enforcement agencies also form a system that includes:

– prosecutorial authorities;

– internal affairs bodies;

- Federal Security Service;

– state security authorities;

– state tax authorities;

- Customs;

– agencies combating drug trafficking;

– preliminary investigation bodies;

- judicial authorities.

Functions of the law enforcement system:

– constitutional control;

– administration of justice;

- prosecutor supervision;

- investigation of crimes;

– operational-search function;

– execution of court decisions;

– provision of legal assistance and defense in criminal cases;

– prevention of crimes and other offenses. All these functions are interconnected and complement each other.

Interaction between law enforcement agencies and other agencies

Law enforcement agencies exercise judicial and executive powers. Their interaction with legislative authorities occurs, as a rule, through current and future legislation.

Law enforcement agencies are required to enforce the laws. They have no right to criticize them or give them a political assessment. The right of legislative initiative is vested in the highest judicial bodies: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation.

The main area of ​​interaction between law enforcement agencies and other bodies is ensuring the rule of law and security. They protect the life and health of persons working in other bodies, as well as their property. No social or state structure can exist independently of them. Law enforcement forces are involved in all events conducted by other government agencies and public associations.

Law enforcement agencies of the Russian Federation interact with similar structures of foreign states (Code of Criminal Procedure of the Russian Federation, Part 5: “International cooperation in the field of criminal proceedings”). To streamline this activity, corresponding agreements are also being developed.

Normative base law enforcement activities

The organization and activities of law enforcement agencies are regulated by many legislative and other regulatory legal acts.

A normative legal act of the highest legal force is Constitution of the Russian Federation- the fundamental law of our country. It serves as the foundation, the legal basis for any branch of law and legislation. The Constitution of the Russian Federation has direct effect and is applied throughout the territory of the Russian Federation.

Federal constitutional laws regulate the most important directions activities of law enforcement agencies, consolidate the legal basis for the activities of the largest blocks of the law enforcement system.

The modern judicial system is based on such federal constitutional laws as the Federal Code of Law “On the Constitutional Court of the Russian Federation”, “On Arbitration Courts in the Russian Federation”, “On the Judicial System of the Russian Federation”.

Federal laws play a major role in regulating the activities of law enforcement agencies. Almost every body has a specific law, for example: “On the Prosecutor’s Office of the Russian Federation”, “On the Police”, “On Service in the Customs Authorities of the Russian Federation” and a number of others. In addition, these bodies in their activities rely on a number of “universal” laws. They organize their activities in accordance with procedural legislation (Code of Criminal Procedure, Civil Code, Arbitration Procedure Code) and other laws relating to their activities, in particular, Federal Law of August 12, 1995 No. 144-FZ “On operational investigative activities.”

By-laws: resolutions of legislative bodies, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, departmental regulations.

Resolutions of legislative authorities: resolutions of the State Duma and legislative bodies of the constituent entities of the Russian Federation. The State Duma of the Federal Assembly of the Russian Federation can regulate certain issues of the activities of law enforcement agencies, in particular, the procedure for serving, certification of employees, etc.

Decrees of the President of the Russian Federation establish the structure of individual law enforcement agencies, for example, the federal security service, and also regulate the functioning of individual units.

Decrees of the Government of the Russian Federation regulate the work of law enforcement agencies that fall under its subordination, in particular, internal affairs bodies, customs authorities, bodies of the Ministry of Justice of Russia, etc. Thus, the Government of the Russian Federation has established the structure of the criminal police and public security police.

Departmental regulations occupy a significant place in the detailed regulation of the activities of law enforcement agencies. These are various orders, instructions, rules and regulations of the relevant ministries and departments. These acts carefully describe the functioning of law enforcement agencies in accordance with the Constitution of the Russian Federation and federal laws.

Interdepartmental orders and instructions: The instructions on the procedure for handling material evidence were signed by the heads of the Ministry of Internal Affairs of Russia, the Prosecutor General's Office of the Russian Federation and the Ministry of Justice of Russia.

International legal acts: various international treaties, for example, on the extradition of terrorists and other criminals, etc.

Law enforcement- these are state bodies and public organizations that, on the basis of the law, in the manner established by it, are called upon to ensure law and order, protection of the rights and interests of citizens, labor collectives, society and state, prevent and suppress offenses, take measures state coercion or social impact to persons who have violated law and order.

Signs of law enforcement

1. A law enforcement agency is authorized by law to carry out law enforcement activities. As a rule, this is a law specifically devoted to the tasks of the organization and activities of this body.

2. The law enforcement agency carries out its activities not in free form, and in compliance established by law rules and procedures. Violation of these rules by law enforcement officers entails disciplinary, administrative, financial or criminal liability.

3. Law enforcement agencies, in the course of their activities, have the right to apply measures of state coercion to persons who have committed an offense. These measures vary depending on the competence of the authority and the severity of the offense committed.

4. Legal and informed decisions adopted by law enforcement agencies are subject to mandatory execution officials and citizens. Failure to comply with these decisions constitutes an independent offense entailing additional liability.

Functions of law enforcement agencies

The functions of law enforcement agencies are the main directions of their activities. The functions inherent in a law enforcement agency determine its organization, structure and competence. The following are distinguished: law enforcement functions:

• Constitutional control;
• Prosecutor supervision;
• Crime investigation;
• Security;
• Execution of court decisions;
• Operational search activities;
• Public order protection;
• Providing legal assistance;
• Preventive activities to prevent crime.

Some law enforcement agencies perform only one function. For example, the Constitutional Court exercises the function of constitutional control. It does not perform any other functions. And other organs are assigned several functions. Thus, internal affairs bodies carry out operational search activities, investigation of crimes, administrative activities. Specific law enforcement functions have the right to be exercised only by certain organs. For example, the function prosecutorial supervision can only be carried out by the prosecutor's office. Other functions may be assigned to several law enforcement agencies. Operational search activities are carried out by both internal affairs bodies and federal security service agencies. Some functions are closely interrelated and depend on one another. The function of preliminary investigation precedes the administration of justice, and the function of executing court decisions follows only after legal proceedings.

The most significant function is the administration of justice. Accordingly, the court occupies a leading place in the system of law enforcement agencies. It is the court that has the right to decide final decisions on criminal and civil cases. Many other functions are servicing in relation to the function of administering justice.

Law enforcement system of the Russian Federation

IN legislative acts within law enforcement agencies are traditionally called:

• courts,
• prosecutor's office,
• advocacy,
• bodies carrying out operational investigative activities,
• bodies of inquiry and investigation,
• Customs,
• security authorities,
• public organizations engaged exclusively in law enforcement activities.

Thus, currently the system of law enforcement agencies of the Russian Federation includes:

• Courts (constitutional, general jurisdiction and arbitration);
• Prosecutor's offices (territorial, military and specialized prosecutor's offices);
• Ministry of Internal Affairs and its bodies and divisions;
• Ministry of Justice and its agencies;
• Ministry emergency situations and its organs;
• Federal Security Service;
• Investigative Committee of the Russian Federation;
• Federal Customs Service;
• Bar bodies;
• Notary;
• Public organizations.

Law enforcement is one of the types government activities. The state obliges all its bodies and institutions to respect and observe the legal rights and freedoms of citizens, and to take measures to maintain law and order. However, this is not the only aspect of activity government agencies. Basically, they solve specific problems for which they were created. And to constantly protect the law from violations, to apply various sanctions to offenders, the state creates special bodies for which law enforcement is the main activity. These bodies are called law enforcement.

Law enforcement- these are government bodies whose main function is to protect law and order, protect human rights and freedoms, and fight crime. To law enforcement agencies relate: courts of general jurisdiction, arbitration court, constitutional court, prosecutor's office, internal affairs bodies, counterintelligence agencies, customs control, tax police, justice, border guard, FSB. Law enforcement activities Registration authorities are also involved civil status(Registration Office), Child Welfare Inspector, Commission on Juvenile Affairs. To non-state institutions for legal support and legal assistance include notaries, lawyers, and human rights ombudsmen.

TO functions law enforcement agencies include: constitutional control, administration of justice, investigation of offenses, execution of court decisions, operational search activities, administrative activities, prosecutorial supervision, crime prevention. Some law enforcement agencies perform only one function. For example, the Constitutional Court performs only the function of constitutional control. Other organs perform multiple functions.

Thus, internal affairs bodies carry out operational search activities, investigation of crimes, and administrative activities. Some specific law enforcement functions are authorized only by certain agencies. For example, the function of prosecutorial supervision can only be exercised by the prosecutor's office. The most significant function is the administration of justice. Therefore, the court occupies a dominant place in the system of law enforcement agencies. It is the court that has the right to make final decisions in criminal and civil cases.

The guarantee of human and civil rights and freedoms is expressed in the following:

1) a system of courts has been established in Russia;

2) the competence of courts to protect the rights and freedoms of citizens and other persons is clearly defined;

3) guarantees of autonomy and independence of courts have been established;

4) types of legal proceedings and its principles are determined;

5) everyone has the right to qualified legal assistance.

Law enforcement agencies are a group of government bodies that protect law and order, and also protect the interests, rights and freedoms of citizens in accordance with current legislation. It may differ in each country and comply with the laws adopted in that state.

Classification

Russian law enforcement agencies:

• constitutional court and control;
• the Ministry of Internal Affairs, which directly ensures law and order in the country;
• courts of general jurisdiction;
• the Bar, which provides legal assistance and defense in criminal proceedings;
• Ministry of Justice;
• Department of Internal Affairs, whose responsibilities include identifying and investigating various crimes;
• the prosecutor's office exercising prosecutorial supervision.

Law enforcement agencies in the country perform the most important functions: protecting the social and state system, protecting the freedoms and rights of citizens, strengthening law and order and legality, protecting the interests and legal rights various enterprises and organizations, as well as the fight against crime. At the same time, law enforcement agencies of the Russian Federation are divided into three main types: the prosecutor's office, the Ministry of Internal Affairs and the Ministry of Justice.

Prosecutor's office

The prosecutor's office is an integral system that supervises the implementation of the laws of the Russian Federation. The structure includes prosecutor's offices: general, constituent entities of the Russian Federation, specialized and military, cities and regions. Main activities:

• supervision over the implementation of laws;
• coordination of the activities of crime control agencies;
• criminal prosecution;
• participation of prosecutors in administrative and criminal cases as public prosecutors;
• appealing court decisions and sentences that contradict the law;
• investigation of crimes.

Ministry of Internal Affairs

The Ministry of Internal Affairs performs the functions of an authority executive power, which consist of public administration, protecting the freedoms and rights of citizens, ensuring their safety, and maintaining law and order. The structure of the Ministry of Internal Affairs includes:

• criminal police;
• Federal Service for Tax and Economic Crimes;
• investigative committee;
• public safety service;
• own security service;
• Migration Federal Service;
• internal troops of the country, etc.

Ministry of Justice

The Ministry of Justice is an executive body responsible for managing and coordinating activities in this area. Its structure includes:

• central office;
• organizations and institutions that support the activities of the Ministry of Justice of the Russian Federation;
• territorial bodies and institutions.

The main activity of the body is legal support activities of the President and the Government of the Russian Federation, the creation of necessary reforms, the functioning of courts, state registration of normative acts and charters of associations, organization and development legal services, improving the qualifications of justice personnel, organizing activities to protect the interests and rights of citizens, organizing executive and criminal system and their legal support.

US law enforcement system

The United States differs from other countries in that there is simply no single police department there, nor is there a concept of “US police.” Every Big City and the state has its own police department, which is absolutely independent of others. Moreover, even large private transport enterprises can have such separate departments.

There are federal agencies in the United States, but they investigate federal crimes. For example, the FBI, NSA, etc. The main burden falls on the police of cities and states where the police chief holds the title of commissioner. The chief of police is appointed by the head of the state or city, or he can be chosen legislative body or by popular vote. County leaders have the rank of “sheriff,” are universally elected, and can independently appoint a deputy. The sheriff's responsibilities also include maintaining and providing security for the county jail and courtroom security during trials.

UK law enforcement

The UK has the following court system:

• Supreme Court - it includes the Court of Appeal, which includes Criminal and Civil Divisions;
• Crown Court - considered the highest court in criminal cases;
• High Court - includes Chancery and Family Divisions;
• District Courts;
• Magistrates' Courts - these include magistrates' and police departments;
• Specialized courts - military, coroner, administrative, land, etc. Higher court in England it is the Court of the House of Lords, but it can only consider appeals, but does not concern practical matters.

French judicial system

In France, the law enforcement agencies of the judicial system include:

At the same time in France there is State Council- he heads the system administrative justice. Civil disputes are considered in special department, which acts as a cassation and appellate authority. Simultaneously State Department considers complaints about unlawful acts of the president, government and some ministers. home administrative authority in France, these are tribunals created on the territory of several departments at once. Secondary - tribunals created in judicial-administrative districts.

Prosecutor's office in foreign countries

Law enforcement foreign countries in the form of the prosecutor's office, they mainly perform the functions of supporting the state prosecution in the courts, and have no supervisory functions at all.

USA

For example, in the United States, the judiciary has two prosecutors' offices: state and federal. The Prosecutor General, who heads the latter, is also the country's Minister of Justice. Federal Prosecutor's Office deals with criminal cases, support of state prosecution in courts, termination of criminal cases, refusal of state prosecution until a jury verdict. And state prosecutors' offices may have not only different names, but also different order organizations.

Great Britain

In Great Britain for a long time There were no law enforcement agencies at all that would perform the functions of the prosecutor's office. One of the main ones is the institution of general civil prosecution. On this moment the director performs the functions of prosecution public persecution, as well as his assistants, who are appointed by the Minister of the Interior. Their activities are controlled by the Attorney General. The Directorate may prosecute at the request of the Attorney General or the Minister of the Interior if the crime concerns the Treasury. Prosecution may also be carried out if it is dictated by state interests. Forensic investigators in England there is simply no, and preliminary investigation absent except at the coroner's inquest. The verification of evidence is carried out by magistrates, magistrates or police officers.

France

The prosecutor's office in France is attached to the judiciary and includes prosecutors of the republic located at the tribunals, prosecutors general at the cassation and appellate courts. The French Public Prosecutor's Office exercises executive functions, prosecuting criminal cases and supporting prosecutions in courts. In addition, she supervises the direct investigation of crimes. The prosecutor's office is headed by the Minister of Justice, but his duties do not include performing the functions of a prosecutor.