As you know, all the responsibilities related to the protection of the rights and legitimate interests of citizens, as well as the supervision of compliance with legal norms prescribed in existing regulations, are assigned to law enforcement agencies. The Russian government structure provides for two types of law enforcement agencies: non-state and state. State representatives include all representatives of law enforcement agencies. Their provision is made at the expense of state funds. Who are non-state law enforcement agencies? What features are inherent to them and what powers do representatives of such structures have? Let's consider all this further.
general characteristics
When considering state and non-state bodies performing law enforcement functions, one can notice one significant difference between them, which lies in the sources of financing. As mentioned above, law enforcement agencies, which belong to the state group, are financed from budgetary funds. As for non-state structures, they are engaged in their own support. In some cases, a specialized fund is created for this purpose, from where 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 conduct activities, assisting each other. In some cases, government agencies may even delegate their authority to non-state actors. A striking example of this can be the process of transfer by law enforcement agencies of 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 to a significant extent, because, by virtue of their authority, the former simply do not have the ability to perform certain actions. Non-governmental structures that have special functional capabilities are, for example, notaries and advocates.
State structures
Non-state law enforcement agencies carry out their activities in close collaboration with public services. Among the structures that relate to such by law, in the first place, are the police and prosecutors. These structures are required to monitor compliance with the rule of law in the designated region, as well as prevent crime by all legal means.
In addition to the police and the prosecutor's office, the group of state bodies includes internal internal intelligence services, as well as customs authorities. In addition, federal and regional commissions, committees whose activities are financed by the state, as well as penal institutions, are determined by regulatory acts.
Advocacy and notaries, for the most part, belong to non-governmental bodies. They usually carry out law enforcement activities on a private basis, however, in some regions there are still state notaries and lawyers. As a rule, they are located in specific state institutions, in particular, in courts.
State and non-state law enforcement agencies perform related functions. All the activities carried out by their representatives are aimed at achieving a common goal - ensuring the rule of law in the country.
The list of non-state structures
The list of non-governmental law enforcement agencies operating in the Russian Federation is relatively small. All rights and obligations of representatives of the structures mentioned below are prescribed in legislative acts that fully regulate their activities.
The list of non-state law enforcement agencies, as mentioned above, includes lawyers and notaries. Of course, in Russia there are also public notaries, but their presence is, rather, an exception to the rule, since the overwhelming majority of them are private. Along with notaries, lawyers and detective services, as well as private security agencies, also function in the group of non-state law enforcement agencies. Along with them are the national squads, as well as legal aid agencies.
Arbitration courts, as well as comradely courts, which are also among non-state law enforcement agencies, are actively operating in Russia. Practice shows that these structures are not particularly popular among those whose rights and legitimate interests may be violated, but these bodies do have a place. It should be noted that these structures are directly related to the category of bodies of the judicial community that function to protect human rights.
Together with all of the above, non-state law enforcement agencies include various commissions that are created to consider various legal issues. In the Russian Federation, currently there are active monitoring committees, administrative ones, which are created under local authorities, as well as those that protect the legitimate interests and rights of minors.
So, we will consider further each of the above bodies, indicating its features and powers.
Judicial community
The judicial community includes several types of non-state law enforcement agencies that perform a protective function. Among them are general court meetings, which can be created at the institutions of various instances. 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 carry out active human rights activities, and they consist solely of highly qualified specialists in the field of jurisprudence, who have vast experience and extensive experience.
The Higher Qualification Collegium of Judges of the Russian Federation is also part of the structure of the non-state law enforcement body under consideration. This element is also very important in human rights activities, as the people who make up the Higher College are great professionals in their field, and they are also very often involved in the interpretation of normative acts, which subsequently carry out human rights activities.
Special attention in this structure should be given to the arbitration courts mentioned earlier. These bodies can be created exclusively in accordance with the Law on Arbitration Courts. It should be noted that this body acts on an ongoing basis, it is a hotel person who is a specialist in the matter 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 areas, as well as some consumers. Among ordinary people, the practice of applying to courts of this type is not developed, since their activity is more aimed at resolving issues in any particular branch of business or entrepreneurship. Some federal authorities also form arbitration courts in their structures. In this case, a special provision must be drawn up and signed on its creation, in which all the features of the activity of the body are necessarily prescribed.
As for comradely courts, the activity of this body is not regulated by any modern normative act - in fact, this is its peculiarity. As for the tasks and features of doing business, these provisions are prescribed in the Regulation on the working disciplinary comradely courts, which was created back in the days of the RSFSR. Such bodies are formed at the branches of trade unions that operate in individual enterprises. At meetings of such a body, questions are resolved regarding situations concerning employees who conduct their labor activities at this enterprise.
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 judges themselves and other categories of persons. Representatives of these bodies are involved in providing personnel and resources to the judiciary, and they also strictly monitor the observance of judicial ethics by professional court personnel who administer justice in Russia.
Bar
Advocacy is a voluntary association of citizens of the state who, on a professional basis, carry out human rights and law enforcement activities. Its jurisdiction lies in the fact that lawyers who are recognized as such in the manner prescribed by law are engaged in conducting preliminary investigations in those cases in which the defendants are one of the parties, and they also provide competent legal protection during the preliminary investigation. In cases that are conducted in civil proceedings, lawyers have the right to act as representatives of the parties.
All activities carried out by lawyers should be carried out exclusively in strict accordance with the provisions of the Law of the Russian Federation “On Advocacy”. It should be noted that on the basis of this normative act, representatives of the advocacy society are obliged to provide professional legal assistance to the population regarding all issues. And also provide advice.
It should be noted that representatives of the bar very often, acting in the interests of their clients, file petitions and complaints about the actions of some state law enforcement agencies, thereby adjusting their work and eliminating errors that may be made in the case under consideration.
Notary
Non-governmental law enforcement agency is also a notary public. The peculiarity of this structure is that its representatives are engaged in activities related to the confirmation of the legality of transactions and other legal procedures. With regard to the regulatory regulation of the activities of the Chambers of Notaries, this is done on the basis of the Law "On Notaries".
As for the peculiarities of the activities of notaries, it consists not only in the certification of transactions. Private notaries also issue certificates of ownership of real estate. In addition, the field of activity of notaries includes the issuance of certificates of the fact that a person was alive or deceased, of the identity of a particular citizen with the person shown in the photo, 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 tangible assets and securities.
Carrying out the implementation of their professional activities, notaries directly protect the legitimate interests and rights of persons who are parties to agreements. In addition, representatives of notaries also protect the interests of entire organizations and enterprises.
As for the rights of a notary public, 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, which can be exercised by them in relation to legal entities and individuals, representatives of this structure can request documents from them, as well as some information that is necessary for 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 feature of their work is that the representatives of these structures conduct security activities on a private basis, under special agreements.
In modern practice, there are several types of organizations of this type. Most often among them there are associations of private detective enterprises 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 given to educational institutions that are engaged in the 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 illness, as well as various addictions. This license is issued for five years. A month before the expiration of the appointed period, the investigator or security guard, if he wishes to continue to engage in previous activities, is obliged to submit a request for its extension. In order for a person who has a license to conduct security activities to be able to fulfill his duties, he must conclude a temporary contract with an enterprise or organization. In the case of private detectives, these can be individuals.
As for duties, private security guards must ensure the safety of property and material assets at the enterprise with which they have concluded a contract. Also, their duties include maintaining proper order at the place of their activities. In some cases, representatives of this group of non-state law enforcement agencies performing law enforcement activities against private individuals have the responsibility to protect the lives and health of specific individuals.
Persons who are representatives of the considered group of non-governmental bodies are not subject to many privileges that public servants can use. In particular, they do not have the right to conduct interrogations or personal searches, to demand from third parties any explanation regarding a specific situation, to search vehicles, to enter residential or private premises, etc. In addition to all this, private security guards and detectives do not they have the right to combine their activities with the public service - the work for which the license obtained and the agreement concluded with the client entitles them to should 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 activity is very important for conducting human rights and law enforcement activities, as it often allows us to establish the true course of events that are the subject of consideration in court proceedings.
The functions of a non-governmental law enforcement body of this type are mainly reduced to conducting various studies in various fields. Based on the results of the work carried out, the specialist is obliged to draw up an act in which the entire course of operations will be reflected, as well as the result obtained. In fact, this conclusion is a source of evidence, which is significant in the consideration of cases 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 conduct their activities 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 a higher qualification 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 deal with materials on arbitration and civil cases.
To carry out expert activities, a person is required to have a license that allows him to engage in relevant work, as well as education and experience in a certain field.
Consumer Protection Bodies
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What functions can the persons concerned perform? First of all, these include actions to search for people who are missing, as well as to ensure public order. In some situations, vigilante groups are established to guard municipal institutions.
It should be noted that any activity carried out by vigilantes or non-staff employees of internal affairs bodies should be carried out exclusively under the supervision of the police, but not always with their presence. The legislation prohibits the use of persons who are members of retinue organizations to ensure law and order in situations that are obviously dangerous, and also when it is necessary to use weapons or measures of state coercion - these representatives do not have such rights. The use of physical force by them is possible only in the event that a sudden danger to life or health arises in relation to the combatant or those around him.