The term "law enforcement agencies." General characteristics, structure and powers of law enforcement bodies

The constitutional duty of the state is to protect the freedoms and human rights of citizens and citizens. All the powers for this protection are owned by structures specially created by the government. To describe the concept of "law enforcement agencies," to formulate an accurate definition of this term, you need to consider the main features of this education, its goals and activities.

What is the concept of

What should be considered law enforcement agencies, and what should not? This term is used quite actively by lawmakers and far from the jurisprudence of people. This phrase is not deciphered in the normative acts once. The notion of "law enforcement agencies" will be helped by the characteristic features that distinguish this social education from the general mass of others.

The first sign is the purpose of the activity, which can already be seen in the title - protection of rights. What is implied here?

• Restoration of violated rights.
• Punishment of the infringer of rights.

As we see, this interpretation implies that the protection of rights is possible only when the rights are violated: no one can be judged before committing a crime. Hence, the very essence of protecting rights by these tasks is not at all exhausted. The concept of "law enforcement bodies" is much broader. It not only punishes the perpetrator and restores the person in rights, but also creates such conditions that the offense prevents.

The legal foundations themselves are guarded, and this is the main goal of the activity of law enforcement bodies. Thus, not only the personality itself functions normally, but the entire society, the state with many of its objects, including the entire environment. Work is underway to prevent offenses, but if the offender does appear, then after the circumstances are established, the reaction will follow, along with sanctions.

The second sign is that law enforcement agencies are always state-owned, it is they who create the state, they are also financed. Work in law enforcement agencies is not available to everyone: there are specialists on special requirements who have special education and proper training. Nevertheless, private law or legal, security or investigative (detective) agencies do not apply to law enforcement agencies.

SK and the Prosecutor's Office of the Russian Federation

The Investigative Committee of the Russian Federation is an obligatory state body whose powers lie in the sphere of legislation and criminal justice. Formed in 2011 under the Russian Prosecutor's Office. This organization is militarized, it is endowed with the rights of conducting inquiries and preliminary investigation. 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 civil civil service, coupled with law enforcement and military. The President of the Russian Federation is in charge of the whole activity of the Investigative Committee.

The Prosecutor's Office of the Russian Federation is a unified system of bodies centralized by the state that oversees the observance of the Constitution of the Russian Federation so that laws are implemented and acted tirelessly throughout the entire territory of the Russian Federation. She has many functions besides supervision. The federal law established the order of its activities, the structure of the organization and the powers. Naturally, this organization can not be non-militarized. The Prosecutor's Office of the Russian Federation is the most independent, it has no relation to any branch of government, nor to any of the state bodies - either to the judiciary, to the executive, or to the legislative.

Accordingly, the recently adopted (2007-2011) regulatory legal acts, the management of the investigation from the powers of the prosecutor is excluded. The Investigative Committee, therefore, despite belonging to the prosecution authorities, has become an independent department. Thus, an attempt was made to create conditions for increasing the objectivity of the investigation, for increasing the legality in criminal proceedings and for best observance of the rights of citizens under the Constitution of the Russian Federation.

Functions of the organization of law enforcement bodies

The main areas of activity, that is, the functions of law enforcement agencies, with their inherent competence, structure, organization, are: implementation of justice, constitutional control, investigation of crimes, operational search activities, execution of court decisions, prosecutor's supervision, administrative activities. Some law enforcement agencies have only one type of activity, others have several such functions. For example, the Constitutional Court only controls, and in the police department there are also operative investigators, investigators, and administrators.

This is the structure of the law enforcement system. Certain units of this structure can exercise law enforcement functions only of a specific plan. Prosecutor's supervision does not apply to representatives of the Ministry of Emergency Situations of the Russian Federation, for example. However, the interaction of law enforcement bodies is almost always interwoven closely, because they are all interconnected. For example, the results of a preliminary investigation are forwarded directly to the court, and only after the judicial process does the function performing judicial decisions follow. Justice is the most significant function of law enforcement agencies. Many others are only servicing functions regarding the achievement of justice.

Dispersal

When several law enforcement functions are concentrated in one body, this negatively affects the legitimacy of the activity of the entire system. The history of the development of the state shows this very clearly. That is why recently we are witnessing a process in which law enforcement functions are given to various bodies. For example, the execution of decisions of the court in criminal cases, when sentenced to imprisonment, was already transferred to the Ministry of Justice of the Russian Federation from the Ministry of Internal Affairs. The Prosecutor's Office and the UK are written above.

The question is raised about further allocation to an independent department, for example, preliminary investigation, as well as other permutations in the structure of law enforcement agencies are also possible. The investigation of violations, according to competent people, will be separated in the very near future. This is necessary in order for the law to be strictly observed. Protection of the order of law enforcement activity ensures the realization by citizens of their rights, defends the state interests.

Characteristic

Law enforcement activities can be considered in a narrow and broad sense. A wide sense is all state bodies in all their activities that ensure observance of freedoms and citizens' rights, their legality, and then implementation and law and order. The narrow meaning of this concept lies in the activity of special competent bodies, for which the protection of order from violations is the main thing, but even more important is the form established by law, and also the scope of one's own competence.

To identify, suppress and prevent offenses is the main task of each unit, no matter how specific its functions are. General characteristics of law enforcement bodies are based purely on this basis. There is no special list of law enforcement agencies yet, but this membership can be fully determined by the above mentioned characteristics. Also, there is no specific concept - "law enforcement agencies", as it completely expires from the nature of the actions.

Symptoms

• Law enforcement bodies have 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.
• The form of activity of the law enforcement agency is not arbitrary, here the procedures and rules established by law are strictly observed. For any violation, employees bear criminal, material, administrative or disciplinary responsibility.
• Eligibility for the application of measures of state coercion to offenders, depending on the gravity of the crime and the competence of this law enforcement body.
• Obligation of execution by citizens and officials of lawful and justified decisions taken by law enforcement agencies. In case of non-execution, another offense is formed, which entails additional liability.

Structure

Traditionally, law enforcement agencies include the prosecutor's office and the court, the police department and investigative bodies, as well as the judiciary. This system is developing, recently customs bodies, tax police and tax service, security services were added here. Quite often, the authors of articles refer to non-state law enforcement bodies. 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 employees of these private firms did not receive the status of a law enforcement employee.

Sometimes there is an opinion that due to the exclusivity of the state place the court also has no relation to law enforcement bodies. This is not true. Courts meet all of the above criteria. The organization of the judicial system in all three of its manifestations - the Constitutional Court of the Russian Federation, arbitration courts and courts of general jurisdiction, the very legal judicial status - is the most faithful proof of this belonging. It must be remembered that all, literally all law enforcement agencies exercise this or that function from the list (or several functions): the exercise of justice is the prerogative of the court. Neither the prosecutor's supervision, nor the constitutional control, nor the investigation of violations, he does not. Also, the court does not provide security, does not protect the public order, does not promptly search for anyone, does not provide legal assistance, and does not deal with the prevention of violations either. The court does not even follow its own decisions. He only judges. And no law enforcement agency will do it for him.

Kinds

1. The Court. Courts administer justice, they know how to resolve civil, labor or any other disputes, and also has the right to consider criminal cases.

2. The prosecutor's office. Supervises over observance of legality, has the right to initiate criminal cases, support charges in court and is a representative of state interests in the proceedings.

3. ATS. The organs of internal affairs are numerous: the fire department, the police, the traffic police and so on and some others, but they are all engaged in law and order.

4. State security agencies conduct counterintelligence activities, combat crime and terrorist activities, intelligence, border security, and ensure information security.

5. Customs keeps the import and export of goods under control, collects fees and duties.

6. The tax police monitors compliance with the legislation in the field of taxation.

7. The notary certifies various contracts and transactions, formalizes hereditary rights, certifies copies of documents, and also accepts them for safekeeping. In addition to the above, the notary has many more functions.

8. The bar provides legal assistance to organizations and individuals.

Requirements for specialists

The law establishes the limits of powers of law enforcement officers. This is a required attribute. The laws regulate all their activities: "On the Prosecutor's Office of the Russian Federation", for example. Each division of the bodies has laws that are dedicated to the framework of their activities.

For the state to function normally, there are not only methods for encouraging and stimulating legal entities and individuals. There are also negative levers of influence. All law enforcement agencies can apply coercive measures. No other state structures have received such rights. If at least one of the four features is missing, this means that the organization (even the state) does not apply to law enforcement.

Signs from the second row, not even all law enforcement agencies have. They are called: signs of the second stage. There are two. This, first of all, the right to apply the norms of criminal law. And secondly, to exercise powers strictly in a certain procedural form (this applies to the court, where there are different types of proceedings: civil, criminal, constitutional, arbitration, administrative).

Constitutional Initiative

Law enforcement agencies closely interact with each other, the most important thing is the qualitative solution of the common task. In addition to law enforcement, very often (almost always) other government departments participate in the work. Only executive and judicial authorities are in charge of law enforcement. But the laws that prescribe these authorities to their authorities, too, often quite often change. With legislative power, law enforcement agencies communicate most often - through current and prospective legislation, without criticizing laws and refraining from political assessments. They are only executors. 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 influence legislators.

In the field of ensuring security, legality and law and order, law enforcement agencies interact literally with all departments at all levels of state and public structures. This is the protection of life, health and property of citizens, which is what policemen do. There is also the interaction of similar structures of other states with the Russian ones, which is confirmed by agreements and has specific points 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 normative and legislative acts of different legal force.