The constitutional duty of the state isprotection of freedoms and rights of man and citizen. All the powers for this protection are owned by structures specially created by the power of the state. To describe the concept of "law enforcement", to formulate a precise definition of this term, you need to consider the main features of this entity, its goals and activities.
What is the concept
What should be considered law enforcement agenciesand what should not? This term is used quite actively by both legislators and people far from jurisprudence. This phrase is not deciphered in the regulations even once. To form the concept of "law enforcement agencies" will help the characteristic features that distinguish this social formation from the total mass of others.
The first sign is the purpose of the activity, which can be seen already in the title - the protection of rights. What is meant here?
- Restoration of violated rights.
- Punishing the rights violator.
As we see, this interpretation implies thatprotection of rights is possible only when rights are violated: it is impossible to judge anyone before committing a crime. This means that the very essence of the protection of rights by these tasks is not at all exhausted. The concept of "law enforcement" is much broader. It not only punishes the violator and restores the person’s rights, but also creates conditions that prevent the violation of the law.
The legal foundations themselves are protected, and this isThe main objective of law enforcement. Thus, not only the personality itself functions normally, but the whole society, the state with many of its objects, including the whole environment. Work is being done on the prevention of offenses, but if the violator is announced, after the establishment of the circumstances, the reaction will follow along with the sanctions.
The second sign - law enforcement alwaysstate, they are the state they are created, and they are funded. Work in law enforcement agencies is not available to everyone: here are gathered specialists for special requirements who have special education and proper training. However, private lawyers or legal, security or investigative (detective) agencies to law enforcement agencies do not apply.
SC and Prosecutor's Office of the Russian Federation
Следственный комитет Российской Федерации - mandatory state body whose authority lies in the field of legislation and criminal justice. Formed in 2011 at the Prosecutor's Office of the Russian Federation. This organization is militarized and is entitled to conduct inquiries and preliminary investigations. Just like the Prosecutor’s Office of the Russian Federation, the Ministry of Internal Affairs, the Ministry of Emergency Situations of the Russian Federation, the Investigative Committee of the Russian Federation, this is a civilian civil service together with law enforcement and military. The president of the Russian Federation is in charge of the entire field of activity of the Investigation Committee
Прокуратура Российской Федерации - centralized by the state a single system of bodies that oversees the observance of the Constitution of the Russian Federation, so that the laws are enforced and tirelessly operate throughout the territory of the Russian Federation. She has many functions besides supervision. Federal law has established the order of its activities, the structure of the organization and powers. Naturally, this organization can not be non-military. The Prosecutor's Office of the Russian Federation is the most independent, it has no relation to any branch of government, nor to one of the state bodies — neither the judicial, nor the executive, nor the legislative.
Accordingly, recently adopted (2007-2011)regulatory legal acts the process of leading the investigation of the powers of the prosecutor is excluded. The investigative committee, therefore, despite its affiliation with the prosecution authorities, became an independent department. Thus, an attempt was made to create conditions for increasing the objectivity of the investigation, for greater legality in criminal proceedings and the best observance of the rights of citizens in accordance with the Constitution of the Russian Federation.
The functions of the organization of law enforcement agencies
The main activities, that isthe functions of law enforcement agencies, with their inherent competence, structure, organization, are: administration of justice, constitutional control, investigation of crimes, operational investigative measures, execution of court decisions, prosecutorial oversight, administrative activities. Some law enforcement agencies have only one type of activity, while others have several such functions. For example, the Constitutional Court only controls, and investigators, investigators, investigators, and administrators work in the Department of Internal Affairs.
Such is the structure of the law enforcement system.organs. Certain units of this structure may carry out law enforcement functions only of a specific plan. Prosecutor's supervision does not concern representatives of the Emergencies Ministry, for example. However, the interaction of law enforcement agencies is almost always intertwined, because they are all interconnected. For example, the results of the preliminary investigation are transmitted directly to the court, and only after the court proceedings should be the function that executes court decisions. Justice is the most important function of law enforcement. Many others are merely serving functions regarding the accomplishment of justice.
Dispersal
When several organs are concentrated in one organlaw enforcement functions, it adversely affects the legality of the entire system. The history of the development of the state shows this very clearly. That is why recently we have been witnessing a process in which law enforcement functions are given to various bodies. For example, the execution of court decisions in criminal cases, when a sentence of imprisonment was awarded, has already been transferred to the Ministry of Justice of the Russian Federation from the Ministry of Internal Affairs. About the prosecutor's office and the UK is written above.
Ставится вопрос и о дальнейшем выделении в An independent agency, for example, a preliminary investigation, as well as other changes in the structure of law enforcement agencies are also possible. Investigation of offenses, according to knowledgeable people, will be separated in the very near future. This is necessary for the law to be strictly observed. Protection of the law enforcement activity ensures the realization by citizens of their rights, defends state interests.
Characteristic
Law enforcement can beconsidered in the narrow and broad sense. A broad meaning is all state bodies in all their activities, which ensures the observance of the freedoms and rights of citizens, their legality, and then their implementation and the rule of law. The narrow meaning of this concept lies in the activity of special competent bodies, for whom the protection of order from violations is the main, but more important, the form established by law, as well as the framework of its own competence.
Detect, prevent and preventoffenses - this is the main task of each unit, what specifics its functions might be equipped with. The general characteristics of law enforcement agencies are based purely on this basis. There is no special list of law enforcement bodies, but this affiliation may well be determined by the above listed characteristics. Also, there is no specific concept - "law enforcement", since it completely expires from the nature of the action.
Symptoms
- Law enforcement agencies necessarily authorized the law to carry out any activity, it is dedicated to the tasks of this organization and specifically to each type of law enforcement activity.
- Форма деятельности правоохранительного органа не it is arbitrary, here procedures and rules established by law are strictly followed. Employees are subject to criminal, material, administrative or disciplinary liability for any violation.
- The legality of the application of measures of state coercion to offenders, depending on the severity of the crime and the competence of the law enforcement agency.
- Obligation of execution by citizens andofficials of lawful and informed decisions taken by law enforcement agencies. In case of non-execution, another offense is formed, which entails additional responsibility.
Structure
By tradition, law enforcementbelong to the prosecutor's office and the court, the ATS and the investigating authorities, as well as justice. This system is being developed, and recently the customs, tax police and tax services and security agencies have been added. Quite often, the authors of articles refer to non-state law enforcement agencies. It is not right. Despite the significant role in protecting the rights of organizations and individuals, private detective, security and lawyer services do not have the right to coercive measures. The status of the law enforcement officer employees of these private firms have not received.
Sometimes there is the opinion that by virtue ofThe exclusivity of state space is not related to law enforcement either. This is not true. Courts respond to all of the above symptoms. The organization of the judicial system in all its three forms - the Constitutional Court of the Russian Federation, arbitration and courts of general jurisdiction, the very legal judicial status itself - is the surest proof of this belonging. It must be remembered that all, literally all law enforcement agencies carry out this or that function from the list (or several functions): the administration of justice is the prerogative of the court. Neither the prosecutor's supervision, nor the constitutional control, nor the investigation of offenses he leads. Also, the court does not provide security, does not protect public order, does not promptly search for anyone, does not provide legal assistance, and also does not deal with the prevention of offenses. The court does not even execute its own decisions. He only judges. And no law enforcement agency will do it for him.
Kinds
1. Court The courts administer justice, know how to resolve civil, labor or any other disputes, and also has the right to hear criminal cases.
2. The prosecutor's office.Supervises the observance of legality, has the right to initiate criminal proceedings, support the charges in court and is a representative of state interests in the judicial process.
3. ATS. The bodies of internal affairs are numerous: the fire department, the police, the traffic police, and so on, and some others, but they all deal with law and order.
4. State security agencies conduct counterintelligence activities, carry out the fight against crime and the activities of terrorists, reconnaissance, guard borders, provide information security.
5. Customs controls the import and export of goods, charges fees and duties.
6. The tax police monitors compliance with tax legislation.
7The notary certifies various contracts and transactions, draws up inheritance rights, certifies copies of documents, and also accepts them for storage. In addition to the above, the notaries still have many different functions.
8. The legal profession provides legal assistance to organizations and individuals.
Requirements for specialists
The law establishes the limits of authoritylaw enforcement professionals. This is a required feature. Laws regulate all their activities: “On the Prosecutor’s Office of the Russian Federation,” for example. Each subdivision of bodies has laws dedicated to their activities.
Чтобы государство нормально функционировало, There are not only methods of encouraging and stimulating businesses and individuals. There are negative leverage. All law enforcement agencies may apply coercive measures. No other state structures received such rights. If at least one of the four signs is missing, it means that the organization (even the state one) does not belong to law enforcement.
Signs from the second row not even alllaw enforcement agencies have. They are called so: signs of the second stage. There are two of them. This is, above all, the right to apply the rules of criminal law. And secondly, to exercise authority strictly in a certain procedural form (this applies to the court, where there are different types of legal proceedings: civil, criminal, constitutional, arbitration, administrative).
Constitutional initiative
Law enforcement closely interactamong themselves, the qualitative solution of the general problem depends most of all on this. In addition to law enforcement, very often (almost always) other government departments are also involved. In the conduct of law enforcement only executive and judicial authorities. But the laws that prescribe these authorities to their powers, also often tolerate changes. Law enforcement agencies communicate with the legislature most often through current and prospective legislation, without criticizing laws and refraining from political assessments. They are just performers. Mostly. But some law enforcement agencies have the right to take initiatives in this area. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation may also influence the legislators.
In the field of security, legality andlaw and order law enforcement agencies interact literally with all departments at all levels of state and public structures. This is protection of life, health and property of citizens, which is what law enforcement officers are doing. There is also the interaction of similar structures of other states with Russian ones, which is confirmed by treaties and has specifically prescribed clauses regarding all activities. For example, this concerns international cooperation in the field of criminal justice. Naturally, this activity is regulated by a huge number of regulatory and legislative acts of various legal force.
