The constitutional duty of the state is the protection of freedoms and human and civil rights. All powers for this protection are owned by structures specially created by the government. To describe the concept of "law enforcement", to formulate an exact definition of this term, you need to consider the main features of this entity, its goals and activities.
What makes up the concept
What should be considered law enforcement and what should not? This term is used quite actively by both legislators and people who are far from jurisprudence. This phrase is not deciphered in normative acts even once. To compose the concept of "law enforcement agencies" will help the characteristic features that distinguish this social education from the total mass of others.
The first sign is the goal of the activity, which can already be seen in the title - the protection of rights. What is meant here?
- Restoration of violated rights.
- Punishment of the violator of rights.
As we see, this interpretation implies that the protection of rights is possible only when the rights are violated: it is impossible to judge anyone before committing a crime. So, the very essence of protecting rights with these tasks is not at all exhausted. The concept of "law enforcement" is much broader. It not only punishes the offender and restores the person's rights, but also creates conditions that prevent the offense.
The legal foundations themselves are protected, and this is the main goal of the activities of law enforcement agencies. Thus, not only the personality itself functions normally, but also the whole society, the state with many of its objects, including the whole environment. Work is underway on the prevention of offenses, but if, nevertheless, the offender appears, then after the circumstances are established, a reaction will follow, coupled with sanctions.
The second sign is that law enforcement bodies are always state-owned, they are created by the state, and they are financed by it. Work in law enforcement agencies is not available to everyone: specialists from special requirements who have special education and proper training are gathered here. Nevertheless, private lawyer or legal, security or investigative (detective) agencies do not belong to law enforcement agencies.
SC and the Prosecutor's Office of the Russian Federation
The Investigative Committee of the Russian Federation is a mandatory state body whose powers lie in the field of legislation and criminal proceedings. It was founded in 2011 at the prosecutor's office of the Russian Federation. This organization is paramilitary, endowed with the rights to conduct inquiry and preliminary investigation. Like the Prosecutor's Office of the Russian Federation, the Ministry of Internal Affairs, the Ministry of Emergencies of the Russian Federation, the Investigative Committee of the Russian Federation, this is a civilian public service, coupled with law enforcement and military. The President of the Russian Federation manages the entire scope of the Investigative Committee.
The Prosecutor's Office of the Russian Federation is a centralized state system of bodies that oversees compliance with the Constitution of the Russian Federation so that laws are implemented and tirelessly operate throughout the Russian Federation. She has many functions in addition to supervision. Federal law established the procedure for its activities, organization structure and powers. Naturally, this organization cannot 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 - neither to the judicial, nor to the executive, or to the legislative.
Accordingly, the recently adopted (2007-2011) normative legal acts, the process of managing the investigation is excluded from the powers of the prosecutor . 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 greater legitimacy in criminal proceedings and the best respect for the rights of citizens in accordance with the Constitution of the Russian Federation.
Law enforcement functions
The main areas of activity, that is, the functions of law enforcement agencies, with their inherent competence, structure, organization, are: administration of justice, constitutional review, investigation of crimes, operational-search measures, enforcement of court decisions, prosecutorial supervision, administrative activities. Some law enforcement agencies have only one type of activity, while others have several. For example, the Constitutional Court only controls, and police investigators, investigators, and administrators work in the internal affairs department.
This is the structure of the law enforcement system. Certain units of this structure can carry out law enforcement functions only of a specific plan. Prosecutorial supervision does not apply to representatives of the Ministry of Emergencies, for example. However, the interaction of law enforcement agencies is almost always intertwined closely, since they are all interconnected. For example, the results of a preliminary investigation are passed directly to the court, and only after the trial is a function fulfilling judicial decisions ensued. Justice is the most significant function of law enforcement. Many others are merely serving functions regarding the administration of justice.
Dispersal
When several law enforcement functions are concentrated in one body, this negatively affects the legitimacy 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 enforcement of court decisions in criminal cases, when sentenced to imprisonment, 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 written above.
The question is also raised about the further allocation to an independent department, for example, of a preliminary investigation, as well as other permutations in the structure of law enforcement agencies. Investigation of offenses, according to knowledgeable people, will be separated in the very near future. This is necessary so that the law is strictly observed. The protection of law enforcement ensures the exercise by citizens of their rights, defends state interests.
Characteristic
Law enforcement can be considered in a narrow and broad sense. The 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 implementation and the rule of law. The narrow meaning of this concept lies in the activities of special competent authorities, for which the protection of order from violations is the main, but even more important form established by law, as well as the scope of their own competence.
Identify, suppress and prevent offenses - this is the main task of each unit, no matter how specific its functions would be equipped with. General characteristics of law enforcement agencies are built purely on this basis. There is no special list of law enforcement bodies yet, but this affiliation can be determined by the above criteria. Also, there is no concrete concept - “law enforcement agencies”, since it completely expires from the nature of the actions.
Signs
- Law enforcement agencies have necessarily authorized the law to carry out any activity, it is devoted to the tasks of this organization and specifically to each type of law enforcement activity.
- The form of activity of a law enforcement body is not arbitrary; here, procedures and rules established by law are strictly observed. For any violation, employees bear criminal, material, administrative or disciplinary liability.
- The competence of applying state coercive measures against offenders, depending on the gravity of the crime and the competence of this law enforcement agency.
- Mandatory enforcement by citizens and officials of legal and informed decisions made by law enforcement agencies. In the event of non-execution, another offense is formed, which entails additional liability.
Structure
By tradition, law enforcement agencies own the prosecutor's office and the court, the police department and the investigating authorities, as well as justice. This system is developing, recently customs, tax police and tax service, security bodies have been added here. Quite often, authors of articles refer to non-state law enforcement agencies. It is not right. Despite a significant role in protecting the rights of organizations and individuals, private detective, security, and lawyer services are not entitled to coercive measures. Employees of private companies did not receive the status of a law enforcement officer.
Sometimes there is an opinion that, due to the exclusiveness of the state place, the court is also not related to law enforcement agencies. This is not true. Courts respond to all of the above signs. The organization of the judicial system in all three of its forms - the Constitutional Court of the Russian Federation, arbitration courts and courts of general jurisdiction, the legal judicial status itself is the surest proof of this affiliation. It must be remembered that all, literally all law enforcement agencies carry out one or another function from the list (or several functions): the administration of justice is the prerogative of the court. He does not conduct either prosecutor’s supervision, constitutional review, or investigation of offenses. The court also does not provide security, does not protect public order, does not promptly search for anyone, does not provide legal assistance, and 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. The court. The courts administer justice, 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 the observance of the rule of law, has the right to initiate criminal cases, support charges in court and is a representative of state interests in the process of legal proceedings.
3. ATS. The internal affairs bodies are numerous: fire department, police, traffic police and so on and some others, but they are all involved in law and order.
4. The state security organs conduct counter-intelligence measures, carry out the fight against crime and the activities of terrorists, reconnaissance, border protection, and ensure information security.
5. Customs controls the import and export of goods, levies fees and duties.
6. The tax police monitors compliance with tax laws.
7. The notary certifies a variety of contracts and transactions, draws up inheritance rights, certifies copies of documents, and also accepts them for storage. In addition to the above, the notary still has many different functions.
8. The legal profession provides legal assistance to organizations and individuals.
Requirements for Specialists
The law establishes the limits of authority of law enforcement specialists. This is a mandatory feature. The laws regulate all their activities: "On the Prosecutor's Office of the Russian Federation", for example. Each organ division has laws dedicated to the scope of their activities.
In order for the state to function normally, there are not only methods of encouraging and stimulating legal entities and individuals. There are also negative leverage. All law enforcement agencies can apply coercive measures. No other government agencies have received such rights. If at least one of the four signs is missing, this means that the organization (even the state one) is not a law enforcement organization.
Signs from the second row are not even all law enforcement agencies have. They are called so: signs of the second stage. There are two of them. This is, first of all, the right to apply the norms of the criminal law. And secondly, to exercise powers 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 agencies closely interact with each other; the qualitative solution to the common problem most of all depends on this. In addition to law enforcement, very often (almost always) other government units participate in the work. Only the executive and judicial branches are in charge of law enforcement. But laws prescribing their authority to these bodies quite often undergo changes. Law enforcement authorities communicate most often with the legislative branch - through current and prospective legislation, without criticizing the laws and refraining from political assessments. They are only performers. Mostly. But some law enforcement agencies have the right initiative 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 legislators.
In the field of ensuring security, law and order, law enforcement agencies interact with literally all departments at all levels of state and public structures. This is the protection of life, health and property of citizens, which is what law enforcement officials do. There is also an interaction of similar structures of other states with Russian ones, which is confirmed by treaties and has specific points regarding all types of activities. For example, this applies to international cooperation in criminal matters. Naturally, this activity is regulated by a huge number of normative and legislative acts of various legal force.