Types of state and non-state bodies and organizations performing law enforcement functions. General characteristics of law enforcement agencies

As is known, all responsibilities related to the protection of the rights and legitimate interests of citizens, as well as supervision of compliance with the laws prescribed in current regulations, rest with law enforcement agencies. The Russian structure provides for two types of law enforcement agencies: non-state and state. The government includes all representatives of law enforcement agencies. They are provided at the expense of government funds. Who are non-state law enforcement agencies? What features are characteristic of them and what powers do representatives of such structures have? Let's look at all this further.

general characteristics

Considering state and non-state bodies performing law enforcement functions, one significant difference between them can be seen, which lies in the sources of funding. As mentioned above, bodies involved in law enforcement, which belong to the group of state ones, are financed from budget funds. As for non-state structures, they provide their own support. In some cases, a specialized fund is created for this purpose, from which material resources are drawn.

It should be noted that in their work the circles of state and non-state law enforcement agencies are closely interconnected. Practice shows that in reality they operate by assisting each other. In some cases, they can even delegate their powers to non-state structures. A striking example of this would be the process of law enforcement agencies transferring their direct functions to a private detective agency or, for example, a security organization.

In some cases, the functions of state and non-state law enforcement agencies diverge significantly, since, by virtue of their powers, the former simply do not have the ability to carry out certain actions. Non-state structures that have special functionality are, for example, notaries and the bar.

Government structures

Non-state law enforcement agencies carry out their activities in close cooperation with government services. Among those structures that are classified as such by law, first of all, are the police and the prosecutor's office. These structures are obliged to monitor compliance with the law in the designated region, as well as to prevent crime by all legal methods.

In addition to the police and the prosecutor's office, the group of government bodies includes internal foreign intelligence services, as well as customs authorities. In addition, regulations define federal and regional commissions, committees whose activities are financed by the state, as well as penal institutions.

The legal profession and notary office, for the most part, belong to non-state bodies. They conduct law enforcement activities, as a rule, on a private basis, but in some regions state notaries and lawyers still function. As a rule, they are located at specific government institutions, in particular at the courts.

State and non-state law enforcement agencies perform similar functions. All activities carried out by their representatives are aimed at achieving a single goal - ensuring law and order in the country.

List of non-state actors

The list of non-state law enforcement agencies operating in the Russian Federation is relatively small. All rights and obligations of representatives of the structures mentioned below are specified in legislative acts that fully regulate their activities.

The list of non-state law enforcement agencies, as mentioned above, includes the Bar and the Notary Office. Of course, there are state notaries in Russia, but their presence is rather an exception to the rule, since the overwhelming majority of them belong to the group of private ones. Along with notaries, the group of non-state law enforcement agencies also includes lawyers and detective services, as well as private security agencies. Along with them are people's squads, as well as legal aid bodies.

In Russia, arbitration and comrades' courts are actively functioning, which are also among the non-state law enforcement agencies. Practice shows that these structures are not particularly popular among those whose rights and legitimate interests may be violated, but these bodies have a place. It should be noted that these structures directly fall into the category that function to protect people's rights.

Along with all of the above, non-state law enforcement agencies also include various commissions that are created to consider various legal issues. In the Russian Federation, supervisory commissions are currently actively functioning, administrative commissions that are created under local government bodies, as well as those that protect the legitimate interests and rights of minors.

Judicial community

The judicial community includes several types of non-state law enforcement agencies that perform a protective function. Among them are general meetings of courts, which can be created at the institutions of various authorities. Special attention in this group of law enforcement agencies should be given to the Council of Judges of Russia and the All-Russian Congress of Judges. These bodies are active in human rights activities, and they consist exclusively of highly qualified specialists in the field of jurisprudence with extensive experience and extensive practice.

The highest qualification of the Russian Federation is also included in the structure of the non-state law enforcement agency in question. This element is also very important in human rights activities, since the persons who make up the Supreme Board are great professionals in their field, and are also very often involved in the interpretation of regulations, according to which human rights activities are subsequently carried out.

Special attention in this structure should be paid to the previously mentioned arbitration courts. These bodies can be created exclusively in accordance with the Law “On Arbitration Courts”. It should be noted that this body operates on a permanent basis; it is a separate person who is a specialist in the issue regarding which a controversial situation arises. On an ongoing basis, courts of this type are created by chambers of commerce, entrepreneurs in various fields, groups of specialists in certain fields, as well as some consumers. Among the common population, the practice of going to courts of this type is not developed, since their activities are more aimed at resolving issues in any specific sector of economics or entrepreneurship. Some federal authorities also establish arbitration courts within their structures. In this case, a special regulation on its creation must be drawn up and signed, which must spell out all the features of the body’s activities.

As for the activities of this body, it is not regulated by any modern normative act - in fact, this is its peculiarity. As for the tasks and features of conducting activities, these provisions are prescribed in the Regulations on workers' disciplinary comradely courts, which were created during the existence of the RSFSR. Such bodies are formed at branches of trade unions that operate at individual enterprises. At meetings of such a body, issues regarding situations concerning employees working at a given enterprise are resolved.

All non-state law enforcement agencies from the list presented above have a certain number of tasks. In particular, they consist in improving the judicial system in all sectors, as well as promoting the protection of the legitimate interests and rights of both the judges themselves and other categories of persons. Representatives of these bodies are engaged in assisting in the provision of personnel and resources to the judiciary, and also strictly monitor compliance with judicial ethics by professional court employees administering justice in Russia.

Advocacy

The Bar is a voluntary association of citizens of the state who carry out human rights and law enforcement activities on a professional basis. Its conduct lies in the fact that lawyers, who are recognized as such in the manner prescribed by law, conduct preliminary investigations in cases in which one of the parties is the defendant, and also provide competent legal defense during the preliminary investigation. In cases conducted in civil proceedings, lawyers have the right to act as representatives of the parties.

All activities carried out by lawyers must be carried out exclusively in strict accordance with the provisions of the Law of the Russian Federation “On the Bar.” It should be noted that on the basis of this regulatory act, representatives of the legal profession are obliged to provide professional legal assistance to the population regarding the resolution of all issues. And also provide consultations.

It should be noted that representatives of the legal profession very often, acting in the interests of their clients, file petitions and complaints against the actions of some state law enforcement agencies, thereby correcting their work and eliminating errors that may be made in the case under consideration.

Notary

The notary is also a non-state law enforcement agency. The peculiarity of this structure is that its representatives are engaged in activities related to confirming the legality of transactions and other legal procedures. As for the regulatory regulation of activities, this is done on the basis of the Law “On Notaries”.

As for the specific features of notaries' activities, it consists not only in certifying transactions. Private notaries also issue certificates of ownership of real estate. In addition, the scope of activity of notaries includes issuing certificates about the fact that a person is alive or is recognized as dead, about the identity of a particular citizen with the person shown in the photo, about the time of presentation of documents, etc. Notaries also have the ability to accept documents for storage, as well as deposits in the form of material assets and papers.

While carrying out their professional activities, notaries directly protect the legitimate interests and rights of persons who are parties to concluded agreements. In addition, representatives of the notary also protect the interests of entire organizations and enterprises.

As for the rights of a notary, he can draw up draft transactions, as well as some documents, create copies of documents, and also make official extracts from them. As for the rights of notaries that they can exercise in relation to legal entities and individuals, representatives of this structure may request from them documents, as well as some information that is necessary for the conduct of their professional activities.

Detective and security agencies

This group of non-state law enforcement agencies of the Russian Federation is of particular importance in legal practice. The whole peculiarity of their work is that representatives of these structures conduct security activities on a private basis, under special contracts.

In modern practice, there are several types of organizations of this type. The most common among them are associations of private detective companies and associations of security organizations. In addition, representatives of this system of law enforcement agencies often function as separate organizations. Special attention in this group should be paid to educational institutions that are engaged in professional training of specialists for this structure. All of them operate on a private basis.

To carry out professional activities in the field of security or private investigation, a specialist must have a license. The legislator notes that such licenses cannot be issued to persons who suffer from mental illnesses, as well as various addictions. This license is issued for five years. One month before the expiration of the appointed period, the detective or security guard, if he wishes to continue to engage in his previous activities, is obliged to submit a petition for its extension. In order for a person licensed to conduct security activities to perform his duties, he must enter into a temporary contract with an enterprise or organization. In the case of private detectives, these can be individuals.

As for responsibilities, private security guards must ensure the safety of property and material assets at the enterprise with which they have entered into a contract. Their responsibilities also include maintaining proper order at the place where they carry out their activities. In some cases, representatives of this group of non-state law enforcement agencies carrying out law enforcement activities in relation to private individuals are charged with the responsibility to protect the life and health of specific individuals.

Persons who are representatives of the group of non-state bodies in question are not subject to many of the privileges that government employees can enjoy. In particular, they do not have the right to conduct interrogations or personal searches, demand any explanations from third parties regarding a specific situation, search vehicles, enter residential or private premises, etc. In addition to all this, private security guards and detectives do not have the right to combine their activities with the public service - the work for which the received license and the contract concluded with the client gives them the right must be the main one.

Forensic institutions

It should be noted that the system of non-state law enforcement agencies also includes forensic institutions that operate on a private basis. Practice shows that their activities are very important for conducting human rights and law enforcement activities, since they often make it possible to establish the true course of events that are the subject of consideration in court proceedings.

The functions of a non-state law enforcement agency of this type are mainly limited to conducting various studies in various fields. Based on the results of the work performed, the specialist is obliged to draw up a report that will reflect the entire progress of the operations, as well as the result obtained. In fact, this conclusion is a source of evidence that is of significant importance when considering a case of any nature.

It is no secret that forensic institutions can exist as state and non-state law enforcement agencies. It should be noted that those organizations of specialists that operate on a private basis are in much greater demand than those that operate under the authority of the state. What's the secret? First of all, it consists of higher qualifications of specialists working in institutions created on a private basis. These persons, as a rule, have a narrow specialization and are the most competent in the issues under consideration.

As for the materials under consideration, as a rule, specialists from private expert organizations are involved in the consideration of materials in arbitration and civil cases.

To carry out expert activities, a person must have a license that allows him to engage in the relevant work, as well as education and experience in a certain field.

Consumer protection authorities

A special place among the types of state and non-state law enforcement agencies is occupied by those organizations that deal with the protection of consumer rights. These are non-governmental organizations, which are most often created at the local government level. They function alongside those bodies that are created at the state level (for example, Rospotrebnadzor), and also have functions similar to those performed by the previously mentioned entities. However, in reality, their work is financed not from the budget, but exclusively from their own funds.

A striking example of such organizations are public bodies that are created to carry out control actions in a certain consumer area. In fact, such organizations have special rights and powers, which include the ability to carry out supervisory functions and control. Within the limits of their powers, they also have the right to develop and introduce new requirements regarding the quality of products and the level of service provision. Representatives of these bodies have the right to conduct independent examinations, as well as to verify the actual qualities of products offered by sellers to those stated in the instructions for their manufacture. Representatives of such non-state law enforcement agencies often act in courts as defenders of the rights of the civil party, which can be either individuals or entire groups of them.

Practice shows that human rights activities are carried out by these specialists quite conscientiously, since they are interested in the quality of the work they perform. Perhaps this is why the services of public organizations, which are non-governmental bodies for the protection of consumer rights, are extremely popular throughout Russia.

Non-state commissions

To ensure control over actions in certain areas, as well as to provide legal assistance on certain issues, separate commissions can be created, which include specialists in certain fields, including legal. In modern practice, judging by the number of requests, commissions and committees for the protection of children, as well as those that protect the rights of shareholders, are very popular among the civilian population and legal entities. It should be noted that members of these organizations can act as representatives in court.

The organizations in question belong to the category of self-regulatory ones. It is on this basis that they have the right to impose certain sanctions against violators of norms related to the sphere of jurisdiction of these persons, but only in the form provided for by the charter of the structure. If a complaint is received by the commission, the content of which will directly relate to an issue within its jurisdiction, members of the organization are obliged to submit it for consideration to law enforcement agencies for taking more stringent measures.

People's squads

When considering the issue related to what non-state law enforcement agencies exist that conduct active protective and security activities, it is necessary to mention people’s squads. These structures operate exclusively on a membership basis, on a voluntary basis. Representatives of this structure take an active part in ensuring the protection of public order both during city events and on ordinary days. This structure actively interacts with representatives of other law enforcement agencies that belong to the category of state ones, in particular, with the police and the prosecutor’s office. In addition, groups created in the form of people's squads constantly maintain close contact with local governments, as well as with other government agencies.

Citizens of the country who express an active desire to take part in ensuring order in a populated area, as well as to be among the members of the organization, are recognized as vigilantes.

Special attention should be paid to the fact that, along with vigilantes, freelancers who are involved in resolving certain issues in cases closely interact with the police.

What functions can the persons in question perform? First of all, these include actions to search for missing persons, as well as to ensure public order. In some situations, groups of vigilantes are established to protect municipal institutions.

It should be noted that any activity carried out by vigilantes or freelance employees of internal affairs bodies must be carried out exclusively under the knowledge of police officers, but not always in their presence. The law prohibits the use of persons who are members of vigilante organizations to ensure law and order in situations that are obviously dangerous, as well as when it is necessary to use weapons or state coercive measures - these representatives do not have such rights. The use of physical force by them is possible only in the case when a sudden danger to life or health arises in relation to the vigilante or surrounding persons.

Law enforcement system of Russia Government bodies Prosecutor's office Police Courts Intelligence services, incl. FSB and bodies of the Foreign Intelligence Service Customs Inspectorate Tax Inspectorate Border Service, etc. Non-state bodies Advocacy Notary

Some grave and especially grave crimes may be tried by a jury. Anyone between the ages of 25 and 70 can serve as a juror. The jury returns a verdict: “guilty”, “not guilty”, “guilty but deserves leniency”

The highest court* for the protection of the rights and freedoms of Russian citizens is the European Court of Human Rights. The decision of this court is binding on all member states of the Council of Europe * Instance - a court that hears cases at a certain stage of the process

Prosecutor's Office Supervising the implementation of laws on the territory of the state, initiating criminal prosecution, participating in the consideration of cases by courts and appealing their decisions that are contrary to the law, investigating crimes, coordinating the activities of law enforcement agencies to combat crime.

MINISTRY OF THE INTERIOR

SARATOV MILITARY INSTITUTE OF INTERNAL TROOPS OF THE MIA OF RUSSIA

DEPARTMENT: Constitutional and administrative law

COURSE WORK

Topic: “State and non-state bodies involved in law enforcement activities.”

Completed by: cadet 2nd platoon 2nd company

Mosyakin Pavel Alekseevich

Scientific adviser:

Professor Konin N.M.

Saratov 2005

Introduction

The topic of my course work is operational - state and non-state bodies involved in law enforcement activities. It is no coincidence that the question was posed exactly this way and not otherwise. Indeed, the state of these bodies and their observance of their rights depends on the quality of compliance by law enforcement agencies with the duties assigned to them. The organizational structure of state law enforcement agencies includes such elements as: Department of Internal Affairs, Internal Affairs Bodies of the constituent entities of the Russian Federation, Police, Internal Military, as a link in the law enforcement system of the Russian Federation, which, accordingly, makes this issue relevant.

In preparing this work, I had to study and analyze a lot of sources, both regulations and scientific works, educational literature, manuals related directly or indirectly to this topic. A large number of scientists are addressing this problem. Professor N.M. Konin examines this topic in more detail in his works.

Considering the topic of my work, I pursued the goal of a detailed study of the role of state and non-state bodies involved in law enforcement activities. To achieve this, it is necessary to analyze the issues outlined above.

· Analyze the issue of state and non-state bodies;

· Expand the concepts, types, structure of state and non-state bodies;

· Give a clear and complete description of these bodies involved in law enforcement activities.

· 1. The essence, concept and significance of law enforcement. The concept of law enforcement and its main directions and tasks Andgoals.

Traditionally, in educational legal literature, when considering law enforcement agencies, the following legal categories are used - “function”, “ensuring the rule of law and protecting the rule of law”, “law enforcement function”, “main areas of activity of law enforcement agencies”, “law enforcement activities”, “functions of law enforcement activities”. This approach was also used in the preparation of a textbook for higher educational institutions, “The System of Law Enforcement Bodies of Russia.”

We especially highlight one more approach due to its bias and claims to be “super-scientific.” We are talking about the judgment of K. S. Belsky, who actually proposes to abandon the use of the term “law enforcement activities,” in view of the fact that law enforcement activities “are carried out by all state bodies.” As an alternative, the same author proposes to use the term “policing” and accordingly distinguish “police agencies”. The final conclusion of K. S. Velsky: police activity “is carried out by bodies that form a system that consists of three subsystems:

1) general police (internal affairs bodies),

2) specialized police (customs authorities, bailiffs, sanitary and epidemiological supervision),

3) special services (FSB, FSO, foreign intelligence)."

It should be recognized that the use of such an approach does not allow us to define the very concept of “law enforcement agency”, and, more importantly, does not allow us to establish an exhaustive list of such bodies. Therefore, the number of law enforcement agencies in the lists established by authors specializing in the preparation of educational literature about law enforcement agencies (primarily textbooks) ranges from 5 to 16 (5 - K.F. Gutsenko, M.A. Kovalev, 2005; 6 - B.T. Bezlepkin, 2001; 9 - L.K-Savyuk, 10 - V.M. Fokin, 10 - V.V. Chernikov, 2001; .I. Zagorsky, 2005; E.P. Grigonis, 2002; 16 - A.P. Ryzhakov.

Determining the list of law enforcement agencies in publications by different authors turned out to be difficult due to the lack of comprehensive information and proper structuring of educational material. Only B.T. Bezlepkin in his textbook indicated an exhaustive list of law enforcement agencies: prosecutorial authorities, federal security service authorities, internal affairs authorities, tax police authorities, customs authorities, border service authorities (six types in total).

The foregoing encourages us to critically rethink some traditional provisions of the theory of law enforcement agencies, formulated in textbooks

The named author, in addition to 10 “specialized law enforcement agencies,” identifies another 11 “state bodies and institutions, public associations” that “carry out the main (or one of the main) law enforcement functions”

This author, in addition to 10 law enforcement agencies, also considers the judicial authorities and 11 “main types” of special services, which have given relevance to the scientific developments of a number of famous Russian and foreign scientists. Thus, defining the relationship between state and law, G.F. Shershenevich distinguished two of its varieties - historical and logical correlation. He wrote that “historically, the content of some norms precedes the state..., but logically these norms became legal only then and only because the state was created, ensuring their implementation with its inherent forces. Law is a function of the state, and therefore logically it is unthinkable without the state and before the state.” Therefore, the state precedes law both historically and logically. Moreover, only the state is able to establish legal norms. There is no law outside the state. The implementation of the state in law is carried out “in two ways:

1) the state establishes the rules of law and

2) the state protects them against violations.”

The protection of legal norms from their violations, along with the establishment of legal norms, as well as the implementation of state tasks within the limits of these norms and application to individual life cases constitute “the three main functions of state power.” According to these three functions of G.F. Shershenevich distinguished three sides of power: legislative, executive and judicial. At the same time, the named author clarified that these are not three independent branches of government, but “only three forms of manifestation of a single, indivisible state power.” From this, in his opinion, follows “the fallacy of the view expressed by the famous 18th-century French writer Montesquieu on the need for separation of powers.”

Montesquieu's proposals for the establishment of three powers: legislative, executive and judicial, according to G.F. Shershenevich, “are theoretically erroneous, and therefore practically useless. Three powers of equal strength cannot exist: the one that actually turns out to be the strongest will be the real power, and the rest will submit to it involuntarily and will cease to be independent authorities. The unity of power will inevitably be restored."

The arguments presented to substantiate the concept of the unity of state power seem quite convincing and, more importantly, they are relevant for modern Russia, in which scientific disputes about state power, the mechanism of the state and the role of its individual constituent bodies have not ceased to this day.

A slightly different approach to determining the relationship between state and law was developed by the famous German scientist Rudolf Stammler. He did not consider it possible to distinguish between the two classes of social rules he identified - legal regulations and conventional rules - only because “the provisions of law come from the state, while conventional rules arise from the customs of “social” life.” In his opinion, the establishment of legal norms by an organized power, called state power, is “not at all necessary.” On the contrary, “in the course of history, law arose in such social unions of people that in our sense were not states.” Stammler further notes that “the concept of a state becomes possible only with the presence of those provisions of law that constitute the concept of a state whole. Whoever admits that a “legal” norm is a rule created by the “state” unconsciously introduces into the definition of the concept something that is still to be defined.”

A generalization of the scientific developments of famous scientists allows us to draw two conclusions:

1) the state is primary in relation to law, because it creates this law;

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The state, being the creator of law (laws), is also the first interested party in its implementation. For this purpose, the state creates special bodies that will protect the right from encroachment, violations, and abuse. The main task of these bodies is law enforcement, the protection of law, the law, the norms of the diverse and diverse life of society, and accordingly the name of these bodies is law enforcement agencies.

It should be noted that there are different approaches to the concept of the term “law enforcement agencies”, so Galustyan gives the following definition: “law enforcement should be understood as the activities of authorized state bodies regulated by law to enforce legal order on the basis of maintaining a balance of interests of the individual, society and the state”37. At the same time, “law enforcement” may well be understood as “human rights protection.”

From this definition, two key features of law enforcement, as well as law enforcement agencies, can be identified: firstly, the implementation of law enforcement exclusively by state bodies and, secondly, the possibility of compulsory (force) implementation of the rule of law.

There is no definition of law enforcement agencies in legislative and other acts, despite the fact that the concept itself is used in many regulations (both at the federal and regional levels) and international agreements.

As V.M. Fokin correctly notes, the term “law enforcement agencies” is collective. It unites several groups of state bodies, which, by the nature of the powers established by law in the implementation of law enforcement activities, are specialized in protecting the rights and legitimate interests of the individual, society, state, or perform a law enforcement function along with other functions.

Law enforcement agencies constitute an independent group of state bodies, separated in a certain way on the basis of professional activity, with their own clearly defined tasks. These tasks consist of: either restoring violated rights, for example in the field of civil relations; or in punishing the offender when it is impossible to restore the violated right (when committing certain crimes, for example, murder); or in restoring the violated right and punishment at the same time, when there is an opportunity to restore the violated right, but the offender also deserves punishment.

Solving these tasks, law enforcement agencies protect the life, health, property of citizens, their property, the property of the state, state, public and private organizations, protect the state and its institutions, nature, wildlife, etc.

So, in general terms, law enforcement agencies can be defined as government bodies whose special function is to combat crime and ensure the rule of law. A more detailed definition is given by Galustyan: a law enforcement agency should be understood as a state body endowed with the rights and responsibilities to carry out law enforcement through specific compulsory actions carried out in a certain procedural form.

The essential features of this definition are: the rights and obligations of a law enforcement agency are regulated by the rules of law; each law enforcement agency carries out its activities through specific actions; the compulsory nature of specific actions of a law enforcement agency; a certain procedural form of carrying out specific actions. Only if all four signs are present can one or another government body be classified as a law enforcement agency.

The concepts of “law enforcement agencies” and “public order (law enforcement) bodies” should not be confused. The latter are those bodies that are called upon to protect the order of life and activities of the state and society, Russian citizens and other persons living in Russia, determined by economic and social, moral, cultural, historical and other factors, the Constitution of the Russian Federation, and other legislative and legal regulations. These concepts are very similar, but not identical. Not all public order (law enforcement) bodies can be considered law enforcement. Equally, among law enforcement officers there are those who are not and should not be involved in the protection of public order or law and order in the broad sense of the word.

Speaking about the structure of law enforcement agencies, it should be noted that while recognizing the right of law enforcement agencies to apply measures of state coercion, V.I. Goiman and V.V. Lazarev propose the following structure: judicial bodies, prosecutorial supervision and control bodies, internal affairs bodies, and the State Security Committee. T.M. Shamba, highlighting as one of the criteria the possibility of coercive influence on the offender, is not entirely consistent, including in the list of law enforcement agencies the notary, justice bodies, people's control, comrades' courts, which do not (did not have) the corresponding powers. Another criterion for classifying a body as a law enforcement agency can be found in O.E. Zverev and V.G. Khrabskov, who, analyzing the legal essence of customs authorities, note that “... such a strong bias towards recognizing customs as a law enforcement agency is due to the fact that, according to the new legislation, one of the functions of customs has become its actions as an investigative body, which really brings it closer to purely law enforcement agencies in the traditional sense of the word." Thus, the existing doctrinal interpretation of the legal nature of law enforcement agencies, without offering any reasonable and strict system of criteria, allows us to classify among the latter an exceptionally wide and amorphous range of state and non-state structures.

Based on the legislation of the Russian Federation, it can be argued that the system of law enforcement (police) agencies currently existing in the country includes:

Ministry of Internal Affairs of the Russian Federation (MVD of Russia). This executive body is multifunctional, and in its structure there are a number of relatively independent bodies that are classified as law enforcement. The police and internal troops have police powers here.

Federal Customs Service (FCS of Russia). An analysis of its powers allows us to classify this government body as a law enforcement agency (Article 408 of the Labor Code of the Russian Federation). The obligation to suppress crimes and administrative offenses is stated in Art. Art. 403, 408-410, etc. The Criminal Procedure Code of the Russian Federation classifies customs authorities as investigative bodies.

The Federal Service of the Russian Federation for Drug Control (FSKN of Russia) also has the legal status of a law enforcement agency. In particular, one of the main tasks of the Federal Drug Control Service of Russia is the identification, prevention, suppression, disclosure and preliminary investigation of crimes, as well as the implementation of proceedings in cases of administrative offenses, which are classified by the legislation of the Russian Federation, respectively, under the jurisdiction or competence of the authorities for control of drug trafficking. and psychotropic substances.

Federal Security Service of the Russian Federation (FSB of Russia). This state body is vested with police powers in accordance with Federal Law of April 3, 1995 No. 40-FZ “On Bodies of the Federal Security Service in the Russian Federation.” Article 12 obliges FSB officers to suppress offenses and criminal activities (in particular, espionage, acts of terrorism, etc.), to conduct inquiries into cases within their jurisdiction by the legislation of the Russian Federation, and Art. Articles 13 and 14 give them the right to carry out detention, search and seizure, as well as to use weapons, special means and physical force. It is interesting that if sent to foreign hot spots in accordance with the decision of international organizations, employees of Russian border authorities, like employees of internal affairs agencies, acquire the status of international police personnel.

Federal Security Service of the Russian Federation (FSO of Russia).

Federal Bailiff Service (FSSP of Russia).

Federal Penitentiary Service (FSIN of Russia).

Environmental authorities are bodies authorized in the field of protection, control and regulation of the use of wildlife classified as hunting objects and their habitat; fisheries authorities; bodies protecting the territory of state natural reserves and national parks; bodies authorized in the field of use, protection and protection of forest resources, etc. are subjects of administrative jurisdiction.

State Courier Service of the Russian Federation (SFS Russia)

As can be seen from the above list of law enforcement (police) bodies, they are all included in the structure of federal executive authorities, approved by Decree of the President of the Russian Federation of May 20, 2004 No. 649 “Issues of the structure of Federal executive authorities.” This is not a static system, it will constantly evolve. Perhaps in the future their circle will increase, for example, military, sanitary, commercial, and financial police will appear. The formation of municipal bodies and public associations involved in the protection of public order is taking place. In accordance with Article 132 of the Constitution of the Russian Federation and Federal Law No. 131-FZ of October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation” (Articles 15, 16), municipal police will be organized in Russia. 43

Private detective and security services do not belong to the state executive authorities carrying out law enforcement activities, as is clear from their very name “private”. This, for example, is evidenced by the norms of the Law of the Russian Federation “On private detective and security activities in the Russian Federation.” Article 1 of this Law establishes that citizens engaged in private detective and security activities are not subject to laws establishing the legal status of law enforcement officers. In addition, Article 3 states: “enterprises engaged in private detective and security activities are given the right to assist law enforcement agencies in ensuring law and order, including on a contractual basis. Article 7 of this Law notes restrictions regarding the scope of activity of a private detective. Private detectives are prohibited, for example, from hiding from law enforcement agencies the facts of impending or committed crimes that have become known to them and impersonating law enforcement officers. 44

Thus, a law enforcement agency is an institution, and in some cases an official or other person (for example, a judge, investigator, citizen providing legal assistance), which, according to the law, is obliged and has the right to protect the rights, freedoms, legitimate interests of individuals (legal) persons, subjects the Russian Federation, municipalities, the state as a whole and (or) ensure law and order.

Law enforcement agencies usually include: the Constitutional Court of the Russian Federation; Constitutional, Statutory courts of the constituent entities of the Russian Federation; courts of general jurisdiction (the Supreme Court of the Russian Federation, Supreme Courts of the republics, district, regional, city (in the cities of Moscow, St. Petersburg) courts, courts of autonomous districts and autonomous regions, district and city courts, magistrates; arbitration courts (the Supreme Arbitration Court of the Russian Federation , federal arbitration courts of districts (arbitration courts of cassation), arbitration courts of appeal, arbitration courts of the constituent entities of the Russian Federation); prosecutorial bodies (Prosecutor General's Office of the Russian Federation, prosecutor's offices of the constituent entities of the Russian Federation, district, city prosecutor's offices, military prosecutor's offices, prosecutor's offices for railway, water and air transport). transport, other specialized prosecutor's offices); International Commercial Arbitration Court; Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation; Arbitration Courts for the resolution of economic disputes; Judicial Department of the Supreme Court of the Russian Federation; investigators of internal affairs bodies; Federal Security Service, prosecutor's office and federal tax police); heads of investigative departments (internal affairs bodies, the Federal Security Service, the prosecutor's office and the authorities for control of the circulation of narcotic drugs and psychotropic substances); bodies of inquiry (internal affairs bodies, federal security service bodies, border agencies of the federal security service, federal state security bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances, customs bodies of the Russian Federation, bodies of the Foreign Intelligence Service of the Russian Federation, bodies of the Ministry of Justice of the Russian Federation, bodies State Fire Service, Chief Bailiff of the Russian Federation; chief bailiffs of the constituent entities of the Russian Federation, their deputies; senior military bailiffs of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation; military units, formations; heads of military institutions or garrisons; heads of geological exploration parties and winter quarters; heads of diplomatic missions and consular offices of the Russian Federation); notary; Bar (Federal Chamber of Lawyers of the Russian Federation, Chambers of Lawyers, first-level bar associations).