Law enforcement policy as the basis for the modernization of law enforcement. State: its signs and functions Function of ensuring peace and maintaining world order

What is a state?

State there is a special rather stable political unit representing the organization of power and administration separated from the population and claiming the supreme right to govern (demand the performance of actions) a certain territory and population, regardless of the consent of the latter; having the strength and means to implement its claims.

State there is a machine for oppressing one class by another, a machine for keeping other subordinate classes in subjection to one class. (V. Lenin)

State- this is the concentration of all the mental and moral interests of people. (Aristotle)

State is a union of people united by a common set of rights and goals. (Cicero)

State- this is a society of people, which itself disposes and controls itself. (Kant)

State- a political-territorial sovereign organization of public authority, having special apparatus in order to carry out managerial, security, protective functions and is able to make her orders binding on the population of the whole country.

Question: Is there a difference in the above definitions of the state? Can you try to divide these definitions into some groups? How do they differ from each other?

By the way: a very interesting problem is hidden in the etymology of the origin of the term "state" in ancient Russia and in Western Europe. In Russian, the word "state" comes from the Old Russian "sovereign" (this was the name of the prince-ruler in ancient Russia), which, in turn, is associated with the word "master" and "lord". The root of the word "state" - "gosud" - also comes from the Greek word "despot". It can be assumed that since the derivatives "state", "domination" appear later than the already established meanings of "sovereign", "sovereign", then in the Middle Ages in Russia the "state" was usually perceived as directly related to the possessions of the "sovereign", and the "sovereign" himself - as the owner of all subjects (slaves).

In turn, in the West, the word "state" had a completely different origin. English "state", German "staat", French "l'estate" has its root in Latin "status" - state, status, that is, the state of rights and obligations, or, in other words, characterizing the status of a citizen and non-citizen. Thus, in the Western European tradition, the "state" is perceived as a device or state of people.

In the German tradition, there is a term "Reich"(from German. Reich) - "empire", "state", which has as its root the word "reiche" - a row, a system. By the way, in the Russian language there is a similar word - "order", which has as its root the word "row" - a contract.

Another origin of the word "state" is also interesting - from the Greek "polis" (Greek πόλις - city-state), which is also translated as "multiplication", "unification", and the Roman word "res-publica" - which is translated as "common case".

The main directions of state activity in the management of the state are concentrated in the functions of the state, which have constantly changed throughout the history of mankind. Even ancient thinkers believed that the main task of the state is to protect its citizens from external enemies and maintain order within the country. In the 17th century, through the mouth of the English philosopher T. Hobbes, the idea of ​​the natural state of people as a war of "all against all" was born. In this regard, the state began to be viewed as a kind of "Leviathan", which should unite society, managing its affairs, in exchange for most of the civil rights and freedoms, up to the physical destruction (execution) of a citizen in the interests of the state. The era of the Enlightenment and the emergence of capitalism gave rise to new ideals of the relationship between society and the state, which were embodied in the ideas of the English economist Adam Smith. Smith believed that in the conditions of the development of a free market, the state should perform the functions of a "night watchman", that is, without interfering with the rights and freedoms of citizens (especially in their economic relations), maintain law and order, support the army and the police on tax revenues, protect life and property of citizens, take care of the education of the lower classes, conduct foreign policy and protect society from external threats. Throughout the 19th century, A. Smith's point of view was considered decisive for the functioning of the state, until the First World War and the Great Depression gave rise to the phenomenon of a total state, which considered itself the right to interfere in any areas of the life of its citizens - “Everything for the state, nothing but the state , nothing against the state. " An alternative to it were the ideas of the "welfare state", the foundations of which were laid by the American President F.D. Roosevelt in his "New Frontiers" program, and the post-war evolution of the development of America and countries Western Europe, which was based on the search for a compromise between the interests of all citizens of the country and the powers of the state.

SIGNS OF THE STATE

The state as an organization of power in society differs from the forms of power in pre-state primitive communities of people in a number of important features. The main ones are:

• The presence of public authority. These are certain legislative and executive bodies, the bureaucratic apparatus, the courts, the police (the police, for example, were already in Ancient egypt), army.
• Administrative-territorial organization. At public administration there is a division of the country according to the administrative-territorial principle. This is necessary for a more rational management of society, tax collection, etc. In a primitive society, the organization was based on consanguinity.
• Regular tax collection. It is necessary for the maintenance of the army, the state apparatus, and public works.
• State sovereignty. This is the state's monopoly on legislation and government within the country, as well as its independence and independence in relations with other countries.
• Coercive apparatus.

Additional signs of the state:

1. Language as a means of communication on the territory of a particular state.
2. Unified defense and foreign policy.
3. Unified transport, information, energy systems, common market, etc.

FUNCTIONS OF THE STATE

The functions of the state are very numerous. The main ones were inherent in ancient states, others arose with the development of civilization. The functions of the state are divided into internal and external.

The main internal functions of the state include:

• establishment and maintenance of the rule of law and order in society;
• organization of economic life, money circulation in the country;
• implementation of socially significant works (construction of roads, bridges, irrigation systems and
  etc.);
• social function - the organization in society of one or another health care system, education, assistance to the poor and disabled, etc.

The main external functions of the state include:

• protection of borders and defense of the country in case of an attack from outside;
• foreign policy - representing the country in relations with other countries;
• organization of economic relations with other countries.

QUESTIONS:

1. Find the signs of the state in the list below. Write down the numbers under which they are indicated. Please provide all correct answers:

Answer

2. Give three examples of how the state is performing its foreign policy functions.

Answer

The following can be cited as examples of the state's performance of its foreign policy functions:

1) development of military doctrine and concept of national security;

2) maintaining a sufficient level of the country's defense capability;

3) protection of the independence and territorial integrity of the state;

4) participation in the regulation of interethnic and interethnic conflicts, etc.

3. Find the signs of the state in the list below. Write down the numbers under which they are indicated. Please provide all correct answers:

Answer

4. (1−4). Read the text and complete assignments 1-4.

There is a special type of power in society. Its main distinguishing feature is that the decisions made by the subject of power become binding on all members of society, the entire population. These can be decisions on a certain procedure for collecting taxes, the procedure governing property rights, the procedure for considering and resolving conflicts and disputes, and much more. This type of power is called political.

At the heart of political power lies a special type of social inequality - political inequality.<…>

... The division of people into political decision-makers, managing society, and their executors has been preserved. Only the procedure for forming a group of managers has changed, it has become more democratic, open, and the group itself has become more mobile, internally heterogeneous. This group received its own name in political science and sociology - the political elite, which ceased to coincide with the class or economic division of society.

At the heart of political inequality lies the inequality of political status. A person gets the right to make responsible political decisions precisely because of his special status in the hierarchical structure of society, becoming a member of the government, deputy of parliament, leader of a political party, etc.<…>

Political government creates the preconditions for the management of society. Indeed, to coordinate the life of society, a kind of management center, a "brain headquarters" is needed, as well as overcoming centrifugal tendencies, egoism, individual and group interests. That is why the history of society is not the history of the elimination of political inequality, but the search and creation effective ways his organization so that political inequality itself does not preserve society, but promotes its development.

The reproduction of political power relations is facilitated by the rules and regulations governing this type of wearing.

(Pushkareva G.V. Power as a social institution // Socio-political journal. 1995. No. 2. 87−88.)

1) Based on the text, indicate the main distinguishing feature of political power.

3) The right to make responsible political decisions, as the author notes, is given to a person with a special status in the hierarchical structure of society. Give, based on knowledge of the social science course and acts of public life, three examples of factors influencing the achievement of such a status by a person in modern society.

Answer

1.

The main distinguishing feature of political power is that the decisions made by its subject become binding on all members of society.

2. The correct answer should contain the following elements:

To the peculiarities of political inequality in the present stage, according to the author, the following can be attributed:

Changing the order of formation of the political elite in the direction of strengthening democracy and openness;

The change in the political elite itself, which has ceased to coincide with the estate and economic division of society, has become more mobile and internally heterogeneous.

3. The correct answer should contain the following elements:

As factors influencing the achievement of a special status by a person in the hierarchical structure of society, the following can be cited:

1) exceptional personality traits;

2) the level of education;

3) support for a political organization;

4) access to funds mass media and etc.

4. The correct answer should contain the following elements:

As examples of these standards, the following can be indicated:

1) norms defining the status of the head of state, political elite, state institutions;

2) the norms that determine the procedure for the formation of the political elite (in democratic countries, competition in elections has become the norm, in countries with a totalitarian regime - party affiliation);

3) the norms defining the rights and obligations of managers and administrators, their mutual responsibility ("Russkaya Pravda" by Yaroslav the Wise, Cathedral Code of Alexei Mikhailovich, Constitution Russian Federation and etc.)

5. Establish a correspondence between the examples and the functions of the state they illustrate: for each element given in the first column, match the corresponding element from the second column.

Write down the sequence of numbers.

Answer

6. (1-6). Read the text and complete assignments 1-6.

Needless to say, how commendable in the sovereign is loyalty to the given word, straightforwardness and unswerving honesty. However, we know from experience that in our time great things were only possible for those who did not try to keep their word and were able to cheat whoever needed; such princes ultimately succeeded far more than those who bet on honesty<…>You need to know that you can fight the enemy in two ways: firstly, by laws, and secondly, by force. The first way is inherent in man, the second - in the beast; but since the former is often not enough, one has to resort to the latter as well. From this it follows that the sovereign must learn what is contained in the nature of both man and the beast.<…>From which it follows that a reasonable ruler cannot and should not remain true to his promise if it harms his interests and if the reasons that prompted him to make a promise have disappeared. Such advice would be unworthy if people honestly kept their word, but people, being bad, do not keep their words, therefore you should do the same with them. And there is always a plausible excuse to break a promise<…>One must appear in the eyes of people compassionate, true to the word, merciful, sincere, pious - and be so in fact, but internally one must remain willing to show opposite qualities, if it turns out to be necessary<…>A dispute may arise as to which is better: that the sovereign should be loved or feared. They say that it is best when they are afraid and love at the same time; however, love does not get along well with fear; therefore, if one has to choose, then it is safer to choose fear. For about people in general, we can say that they are ungrateful and fickle, prone to hypocrisy and deception, that they are frightened off by danger and attracted by profit: as long as you do them good, they are yours with all their soul, they promise nothing for you to spare: neither blood, nor life, no children, no property, but when you need them, they will immediately turn away from you. In addition, people are less wary of offending someone who inspires them love than someone who inspires them with fear, for love is supported by gratitude, which people, being bad, can be neglected for their own benefit, while fear is supported by the threat of punishment, which cannot be neglected.<…>So, returning to the dispute about which is better: to be loved or to be feared, I will say that they love the sovereigns at their own discretion, and they are afraid - at the discretion of the sovereigns, therefore it is better for a wise ruler to rely on what depends on him, and not from someone else; it is only important not to incur the hatred of your subjects in any way<…>

(Adapted from the book of N. Machiavelli)

1) Make an outline of the text. To do this, select the main semantic fragments of the text and title each of them.

3) What feelings of subjects towards the sovereign does N. Machiavelli write about? What is his position on this issue? How does the author substantiate his position?

5) M. headed the state at a difficult moment. He promised to lead the country out of the crisis by guaranteeing the rights of owners and freedom of entrepreneurship. Soon, in order to replenish the state budget, M. announced the nationalization of oil-producing enterprises and the introduction of a number of state monopolies. How can this be explained? Provide a piece of text that can help you answer the question.

6) The assessment of N. Machiavelli's judgments as immoral is often expressed. Do you agree with this assessment? Based on the text and social science knowledge, give two arguments (explanations) in defense of your opinion.

Answer

1. In the correct answer, the points of the plan should correspond to the main semantic fragments of the text and reflect the main idea of ​​each of them. The following semantic fragments can be distinguished:

loyalty of the sovereign to his word;

ways to fight enemies;

how the people should relate to the ruler.

Other formulations of the points of the plan are possible, which do not distort the essence of the main idea of ​​the fragment, and the allocation of additional semantic blocks

2. The following qualities can be named in the correct answer:

loyalty to the given word;

straightforwardness;

unswerving honesty;

compassion;

mercy;

sincerity;

piety.

Other qualities may be named.

3. The response must contain the following elements:

two feelings in relation to people to the sovereign: love and fear;

Rationale: Fear is supported by the threat of punishment, which cannot be ignored.

4. The answer may contain the following recommendations:

you can break your promise if it harms your interests or if the situation has changed;

we must rely on what depends on you, and not on someone else;

in no case should you incur the hatred of subordinates;

you cannot trust flatterers, hypocrites.

Other recommendations can be formulated on the basis of the text.

5. The correct answer must contain the following elements:

an explanation of the fact given in the assignment, for example: the circumstances have changed, his awareness of the interests of the state, because the politician M. found it possible to break this promise.

Another explanation for the fact given in the assignment can be given.

fragment of the text: "a reasonable ruler cannot and should not remain true to his promise if it harms his interests and if the reasons that prompted him to make a promise have disappeared."

6. The correct answer must contain the following elements:

student opinion: agreement or disagreement with the given grade;

two arguments - explanations in defense of their choice, for example:

in case of consent, it may be indicated that
Machiavelli calls on the sovereign, in fact, to go beyond the bounds of morality (goodness, decency, loyalty, etc.);

Machiavelli's advice proceeds from the fact that society is immoral in nature and is guided by considerations of personal gain, and this is not true;

in case of disagreement, it may be stated that

Machiavelli's advice is realistic, they take into account the specifics of political activity;

a modern politician, in order to win democratic elections, must, on the one hand, please the voters, on the other, attract sponsors whose interests may diverge from the interests of the majority of society, and on the third, take into account the objective needs of the state; all of this is difficult to implement within the framework of moral standards.

Other arguments (explanations) may be given.

John Locke (1632-1704) was a British philosopher and educator.

Studied at Oxford University. Fellow of the Royal Society (1668), Fellow of the Royal Society (1669). Combines government service in England with large-scale scientific and literary activities.

Participated in drafting the constitution for the province of Carolina in North America.

The representative of sensationalism, denied the presence of innate ideas in humans, substantiated the principle of "tabula rasa". The empiricist, considered the basis of knowledge exclusively experience, asserted the primacy of sensations received thanks to the senses, before the mind.

The author of a pedagogical system based on the principle of utilitarianism. He combined physical, mental and religious-moral education into a single complex, the purpose of which is to develop certain habits that are necessary in life.

Supporter of separation of church from state. At the same time, he considered the glorification and knowledge of God to be the purpose of man.

Supporter of the theory of social contract and constitutional monarchy. He defended the existence of natural rights and freedoms, considered the state as their guarantor, the theorist of civil society and the rule of law.

One of the authors of the doctrine of the separation of powers (into legislative, executive and federal, dealing with diplomatic issues), was the first to propose this theory. He detailed his own political views in the work "Two treatises on government" (1689).

The educator must have a good knowledge of the world, knowledge of customs, mores, quirks, tricks and shortcomings of his time, especially the country in which he lives. He must be able to show them to his pupil ... he must teach him to understand people ... to rip off the masks imposed on them by profession and pretense, to discern what is genuine, which lies deep in such an appearance ... judging people on the basis of those signs that best show what they are in reality, and to penetrate with our glance into their inner being, which is often found in small things, especially when these people are not in a ceremonial setting and not on the lookout.

The well-being of the entire nation depends on the correct upbringing of children.

Where there are no laws, there is no freedom.

Make only a few laws, but make sure they are respected.

Consequently, the freedom of a person and the freedom to act according to his own will are based on the fact that he has a mind that is able to teach him the law according to which he must govern himself, and make him understand to what extent he has freedom of his own will. ... To grant him unlimited freedom before he has a mind to guide him is not to grant him the privilege of his nature to be free, but to throw him into the midst of the beasts and leave him in such a pitiful state, which is just as inferior. human dignity, as well as their condition. This is what puts power in the hands of parents so that they manage their children during their minority. God commissioned them to take care of their offspring and endowed them with a corresponding inclination to tenderness and care, in order to moderate this power, in order to use it in the way that his wisdom dictates, for the benefit of children as long as they should be under this power.

Essay topics:

1) ("Highest test", demo version, 2nd stage, 9th grade, 2013)
"The state does not exist in order to turn earthly life into paradise, but in order to prevent it from finally turning into hell."

(Nikolay Berdyaev)

2) ("Highest test", 2nd stage, 11th grade, 2013)
James Madison wrote: "The predisposition to mutual enmity is so strong in a person that even where there is no substantial basis for it, there are enough insignificant and superficial differences to arouse in people hostility to each other and plunge them into the most severe feuds." Many authors at different times have made similar observations, deriving from them various political theories. Give examples of theories of this kind known to you. What do you know and can tell about Madison's political conclusions? In which institutions have they been embodied?

3. (The second round of the final stage of the All-Russian Olympiad for schoolchildren in social studies 2014)
“The state is called the coldest of all cold monsters. It lies coldly; and this lie creeps out of his mouth: "I, the state, am the people."

(Friedrich Nietzsche)

4. (The second round of the final stage of the All-Russian Olympiad for schoolchildren in social studies 2013)
"In the present state of people, we can say that the happiness of states grows along with the misfortunes of people."

5. (The second round of the final stage of the All-Russian Olympiad for schoolchildren in social studies 2013)
“Love for the fatherland is a wonderful thing, but there is an even more beautiful thing - love for the truth. Love for the fatherland gives birth to heroes, love for truth creates wise men. "

(P. Ya. Chaadaev)

"Power is dangerous when conscience is at odds with it."
(W. Shakespeare)

"He is deeply mistaken who considers the power based on power to be more solid and solid than the one based on love."
(S. Zweig)

3. ("Highest test", 2nd stage, 9th grade, 2014)

“A mixed republic is a combination of elements of a presidential and parliamentary republic. Borrowing from a presidential republic are broad presidential powers, including the president's right to dissolve parliament under certain circumstances, and a 4-year presidential term. The bicameral structure of parliament and the post of prime minister, separated from the post of president, are borrowed from the parliamentary republic. "

Answer

a) that the president's right to dissolve parliament is borrowed from the presidential republic (in a presidential republic, the president does not have such a right) (2 points for mentioning the item + 1 point for at least one correct example);

b) that a 4-year presidential term is borrowed from the presidential republic (firstly, a 4-year presidential term is not an essential feature of the presidential form of government. Secondly, in mixed republics, the presidential term often differs from 4 summer, for example, in Russia, France, etc.) (1 point for mentioning the item + 1 point for at least one correct example);

c) that a bicameral structure of parliament is borrowed from a parliamentary republic (a bicameral parliament is not an obligatory element of either a parliamentary or a mixed form of government).

4) ("Highest test", 2nd stage, 10th grade, 2014)

“One of the features of Thomas Hobbes’s social contract theory is that a social contract is concluded between the people and the future sovereign. The sovereign is the bearer of the will of the people, but his power can be rejected after he performs an action deemed illegitimate by the people. However, in justifying the uprising against the illegitimate monarch, Hobbes remains the theorist of absolute power. "

Answer

The following statements are erroneous:

a) that in Hobbes's theory a social contract is concluded between the people and the future sovereign (in this theory, the future sovereign is not a party to the treaty) (3 points);

b) that the power of the sovereign can be rejected after committing an illegitimate (from the point of view of the people) actions and / or that Hobbes justified the legality of the uprising against the illegitimate monarch (4 points + 1 point for mentioning Locke as the theorist of the overthrow of the illegitimate monarch ).

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Slide captions:

The social purpose of the state Elective course in political science 10-11 grades Compiled by G. V. Kushchenko, history teacher at the Moscow State Educational Institution "Gauf Secondary School"

“Outside the state - the dominion of passions, war, fear, poverty, abomination, loneliness, barbarism, savagery, ignorance; in the state - the dominion of reason, security, wealth, decency, sophistication, knowledge and benevolence. " T. Hobbes

The social purpose of the state in society 1. The state decides common affairs, manages the people living on its territory. The state reveals the common interests of its citizens: striving for security, stability, comfort. It contributes to the preservation of public order, organizes and monitors the implementation of activities necessary for the development of society as a whole.

2. The state resolves social disputes (national, class, religious, etc.). The political elite is looking for compromises that, while preserving the foundations of the social system, would remove the danger of a head-on collision of social groups. The duty to resolve conflicts between individual citizens, organizations, government bodies go to the courts. The government is also responsible for resolving external conflicts.

3. The state uses legal and legitimate violence. The legality of coercion is the compliance of coercive measures with the law. The legitimacy of violence is the degree of support for the measures taken by the population. Coercion acts in the form of criminal punishment, administrative, property and other sanctions. The legitimacy is confirmed by the data of public opinion, voting, referendums. The universal criterion for the legitimacy of coercion is its compliance with universal human values.

"Bayonets are good for everything, but you can't sit on them" Talleyrand

Functions of the state Functions of the state are the main directions of its activity, expressing the essence and purpose of the state in society. State functions internal external

Internal Political Law enforcement Social Development of health care, education, science, culture Ensuring national security Environmental Information Transport Construction of public systems (roads, irrigation, reclamation, defensive, etc.) Fighting the consequences of emergencies Economic External Diplomacy Defense Foreign policy Law enforcement Social Cultural cooperation Assistance in strengthening the world rule of law Environmental Information Collaboration in Resolution global problems Foreign economic

The main internal functions one . Political: It is conditioned by the need to balance the interests of different social groups. The state forms the parliament, ensuring democracy. The state ensures the protection of the constitutional order and state sovereignty The state carries out law-making activities

2. Economic It is expressed in the development of programs for the country's economic development. The State sets taxes. Issues loans, investments.

3. Law enforcement It is aimed at ensuring the accurate and complete implementation of laws by all citizens, organizations and government. The state takes legal action Fights offenses with the help of the law enforcement system

4. Environmental At the present stage, it is one of the main functions of the state. The state develops environmental legislation

External functions of the state 1. Diplomatic: The state contributes to the maintenance of acceptable relations with all countries, regardless of their ideology, economic system

2. Defense function: The state keeps its armed forces on alert to repel external aggression

3. Foreign policy: The state carries out political cooperation with other states in order to exclude global armed conflicts The main bodies for coordinating the political interests of countries: the UN, the UN Security Council

5. Foreign economic: It is associated with the development of mutually beneficial cooperation with other states, manifests itself in the international division of labor, the exchange of technologies, the coordination of trade, the development of credit and financial ties.

6. Law enforcement: It consists in resolving disputes between states, protecting those states and peoples that are not able to stand up for themselves. It manifests itself in the fight against international terrorism and crime.

8. Social: It manifests itself in social assistance and support to developing countries, as well as countries in transition (aid, financial, humanitarian, etc.)

9. Cultural cooperation: Carried out on the basis of bilateral and multilateral agreements between states, non-governmental organizations (IOC). UN activities coordinated by UNESCO

10. Contribution to the establishment of global rule of law: It is manifested in the development of international law (International humanitarian law, International Charter of Human Rights)

11. Informational: Presentation of truthful information about international events to the world community and its peoples.

12.Ecological: Participation in the elimination of the consequences of environmental disasters

13. Cooperation of states in solving global problems of our time: Organization of rational use of natural resources, energy conservation, peacekeeping, demographic policy, etc.

They understand a certain direction of his activity. The functions of the state concretize its social purpose.

There are several approaches to understanding the functions of the state, but most scientists adhere to the most developed theory, according to which the functions of the state are divided into external(to ensure the independence of the state outside) and internal(to ensure the supremacy of power within the country and the management of common affairs).

Internal functions of the state:

• economic - organization and regulation of economic life;
• stabilization- maintaining stability and peace in society;
• coordination - ensuring social harmony and unity;
• social - social security, fair distribution of benefits;
• cultural and educational- support of culture and spiritual values;
• legal - rule-making, protection of the constitutional order, rights, legality;
• ecological - protection of nature, ensuring a healthy environment.

External functions of the state:

• defending national interests at the international level- ensuring mutually beneficial international cooperation, coordination of efforts in solving the global problems of mankind, ensuring the work of a number of government organizations - the UN, the Council of Europe, etc .;
• organization of defense and protection of state security - protection of state sovereignty, the implementation of military operations against other states, etc.

Internal functions of the state

Internal functions of the state are divided into:

• basic;
• non-basic.

The main name functions that can only be performed by the state.

Ensuring public order, security, rights and freedoms of citizens, including:

• fighting crime;
• registration and registration of the population;
• prevention of various disasters;
• measures to eliminate the consequences of natural disasters.

• Establishment and protection of general rules of social life: economic, political and other social relations(civil law, labor law, etc.).
• Monetary and financial regulation(the issue is especially highlighted - the issue of money).
• Budgetary regulation, collection of taxes, duties; distribution of income and expenses in the budget.

Minor functions can be subdivided into traditional (historically formed) and "new" ones that emerged in the 20th century.

Traditional functions are performed not by all states. They are not the same, each state has its own historically formed functions.

In Russia, the traditional functions include:

• transport and communications management;
• management of education and health care;
• protection of handicapped persons and assistance to them;
• media management.

Sometimes some traditional functions become redundant and the state refuses to fulfill them. In particular, this happened with the management of the media, in Russia they were privatized, and now the state nominally controls only two channels on television: the first - as a shareholder - and the second (channel "Russia").

The “new” features include the following.

• State entrepreneurship. The state is directly involved in production in the defense sector and in other areas, where it must exercise control over production on behalf of society. This function was the main one in the socialist countries, where the state was both the owner and the entrepreneur.
• Influence on economic processes to maintain stable development of the national economy. The state carries out this function both by economic and administrative measures.
• Social services. Under the influence of the struggle of the workers, the state is engaged in social security, that is, it pays various pensions, benefits to large families, unemployment benefits, housing benefits to the poor, etc.

External functions of the state

External functions of the state

• The use of the armed forces of the day for solving the foreign policy tasks of the state.
• Realization of the geopolitical and global interests of the country through diplomatic activity. Geopolitical interests are associated with neighboring states, global ones concern the situation around the world (non-proliferation nuclear weapons, ecological problems).
• Stimulating international economic activity, protecting and supporting the country's economic interests abroad.
• Protection of the economic space from adverse external influences on the economy (customs; system of measures regulating imports and exports).

External functions are the main ones, since they are performed only by the state.

Internal functions

In the modern period, the Russian state is characterized by the following main internal functions: economic, political, social, fiscal, environmental, law enforcement.

Economic function

In the theory of state and law of the Soviet period, this function was designated as economic and organizational. Its role was great due to the complete nationalization of the economy, which, as we noted earlier, led to negative consequences for it - an economic crisis (began to manifest itself in the second half of the 70s of the XX century), which, in turn, led to a crisis in all spheres of society.

In the 1980s, this function shifted somewhat towards some expansion of the independence of enterprises, but this did not give the expected result. Since the beginning of the 1990s, the economic function of the state in Russia has changed dramatically: the state, in essence, has withdrawn from the economy, letting it into the element of market relations. However, this approach, as the other extreme, did not bring a positive effect.

As practice has shown, these extreme approaches do not contribute to the effective development of the economy. Currently, there are tendencies of change in the economic function of the state towards its greater intervention in the economy within reasonable limits, allowing, on the one hand, to properly stimulate labor, and on the other hand, to prevent distortions leading to the closure of enterprises, unemployment, and the export of capital abroad. to the detriment of national interests, liquidation of highly developed sectors of the economy, etc.

In conditions of demonopolization, the economic function covers the following areas of state activity:

• real support for manufacturers, including small businesses (subsidies, preferential taxation, defending the interests of Russian companies in the domestic and world markets, etc.);
• preferential support for strategic, highly competitive in the world market and socially significant industries for Russia (creation of special zones, customs policy);
• targeted investment policy (attracting domestic and foreign capital);
• creation of an effective economic mechanism for the agricultural sector, and above all ensuring the right of private ownership of land;
• a gradual decrease in inflation and a slowdown in price growth;
• training and retraining of personnel; suspension of the "brain drain" process.

Political function

This is the direction of the state's activity in the political sphere. It has as its strategic focus the creation of a viable democratic society and the provision of democracy in various forms. This will be discussed in more detail in other chapters of the tutorial.

Social function

The social function is the direction of the state's activity in the social sphere. In Art. 7 of the Constitution of the Russian Federation states that the Russian Federation is a social state.

Based on the meaning of this article, it follows that the content of this function consists of:

• v provision of all citizens of the Russian Federation. At the same time, the state should pay special attention to the living standards of the socially disadvantaged strata of the population (pensioners, students, disabled people, etc.) through the payment of pensions, benefits, scholarships, the creation and operation of homes for the elderly, and the provision of other types of social assistance. To implement the social function, it is necessary to mitigate and overcome such costs of the current transition period as poverty, deepening inequality and rising unemployment. The state should pay attention to a more even distribution of the burden of economic hardship among different groups of the population;
• public health by creating medical institutions, monitoring the cleanliness of the environment, the quality of food, providing the population with medicines;
• protection of childhood, motherhood, paternity by creating a network preschool institutions, orphanages, boarding schools, assistance to families in need, etc .;
• guaranteeing the minimum wage by establishing the appropriate amount of such payment;
• at all enterprises, regardless of the form of ownership, by establishing appropriate legislation and monitoring its observance;
• helping the population in extreme situations(flood, earthquake, fire, armed conflict, ethnic harassment, etc.) by creating conditions for the activities of insurance institutions, providing housing, paying lump-sum benefits, etc.

An integral part of the social function is the activity of the state in development of culture, science and education(in the legal literature, this activity is designated as a separate function).

The development of science is implemented:

• the creation of favorable conditions for the creative activity of scientific teams and for the free competition of various scientific schools;
• by creating and supporting scientific institutes, laboratories, testing grounds, financing scientific research, training scientific personnel, holding conferences, etc.
• support for the priority development of fundamental theoretical research and fundamentally new technologies.

Development of culture implemented by supporting art, literature, theater, cinema, music, painting; development of physical culture and sports; improving the work of radio, television and other media; preservation of historical cultural monuments, historical complexes, protected areas, archives, museums, libraries.

Development of education implemented through the creation of state educational institutions and conditions for non-state educational institutions, improving the quality of education in all educational institutions.

Ecological function

The main content of the ecological function is nature protection and rational use of natural resources. To implement this function, the state must coordinate and control the activities of all enterprises, institutions, and individuals in the field of environmental protection, environmental management, and environmental safety. The ecological function should contribute to the improvement and improvement of the quality of the environment, the preservation of natural resources.

Fiscal function (taxation and tax collection function)

It should be noted that the function under consideration is faced not only with the problem of optimal collection of taxes to the treasury, but also with the problem of regulating the impact on the economy.

Law enforcement function

It includes the activities of the state in three major areas:

• protection of the rights and freedoms of citizens;
• protection of all forms of ownership;
• law enforcement.

Each of these inextricably linked components of the content of this triune function is currently undergoing significant changes.

So, in a state governed by the rule of law (and this is what Russia is according to the Constitution), the rights and freedoms of citizens are the highest value of society. As you know, this principle was not previously recognized.

The state's activities to maintain law and order are also undergoing changes. At present, the authorities, primarily the security forces, are required to take tough, swift and decisive measures to timely prevent and suppress bandit attacks by terrorists.

External functions

The main external functions are: the defense of the country, the maintenance of peace and the maintenance of world order, international cooperation.

Country defense function

The Armed Forces, in accordance with this function, are designed to repel aggression directed against the state, for the armed protection of the integrity and inviolability of the country's territory, as well as to perform tasks in accordance with its international treaties.

In each state, a significant share of the state budget is allocated for the maintenance of the armed forces. And so far, there are no tendencies to cut costs. This is largely due to the difficult political situation in the world, which can be clearly seen from the events that took place in Yugoslavia in 1999, when this country was bombed by NATO forces, according to the events in Iraq, which was invaded by American troops with allied troops, without having the appropriate international powers.

The function of maintaining peace and maintaining world order

Without the implementation of this function, humanity has no future. A new world war will lead to the death of civilization. In turn, local military conflicts can lead to global military confrontation.

The international cooperation

This function is realized through the development of multilateral relations with other states, the conclusion of treaties in various spheres of the life of the world community.

In the legal literature, the function of international cooperation is divided into a number of narrower functions, for example, the function of cooperation and strengthening ties with the CIS countries, the function of cooperation with other countries in solving global problems, etc.

The function of cooperation and strengthening ties with the CIS countries arose in the Russian state with the formation of the Commonwealth of Independent States.

Carrying out the considered function, Russian state advocates strengthening the commonwealth, first of all:

• through the formation of an economic union;
• collective security systems;
• joint border protection;
• comprehensive solution to the problem of compliance throughout the territory the former USSR internationally recognized standards in the field of human rights and national minorities, citizenship and protection of migrants;
• caring for Russians who find themselves outside the Russian Federation;
• creation of a single information space.

It should be noted that while implementing this function, new problems may arise for Russia. Hotbeds of conflicts near all borders, a protracted crisis of the economy, and even statehood itself in a number of CIS countries pose a serious threat to the security of our country.

An important aspect of the international cooperation function is interaction of Russia with other countries the world community in solving global problems affecting the interests of each people and humanity as a whole. These are the problems of space exploration and the safety of the planet, the protection of the oceans, the protection of flora and fauna, the prevention and elimination of the consequences of major industrial accidents, disasters, the fight against epidemics and the most dangerous diseases, etc.

The following can also be distinguished as separate external functions:

• the function of combating international terrorism;
• ecological function.

In terms of their content, these functions are both external and internal.

THE ROLE OF LAW ENFORCEMENT POLICY IN IMPROVING THE LAW ENFORCEMENT SYSTEM OF MODERN RUSSIA

(This work was supported by the Russian Foundation for Basic Research (project No. 07-06-00211))

A.V. Malko

(Director of the Saratov branch of the Institute of State and Law of the Russian Academy of Sciences, Doctor of Law, Professor)

HE. Korzhikov

(Associate Professor of the Astrakhan branch of the International Law Institute under the Ministry of Justice of the Russian Federation, candidate of legal sciences, doctoral student)

V modern conditions it is necessary to reform the legal system of Russia, due to the fact that the existing array of offenses (primarily corruption, organized crime, etc.) undermines the foundations of the law itself, nullifies the existing law enforcement system. This is a kind of challenge to the times, a threat to normal existence and development. Russian society... President of the Russian Federation V.V. In his next, seventh Address to the Federal Assembly of the Russian Federation, Putin noted that “despite the efforts being made, we still have not been able to remove one of the most serious obstacles to our development - corruption” 1.

Moreover, a very paradoxical situation has now developed in Russia: law enforcement agencies, which by their status should guard the law, are considered by a large part of citizens to be the main violators of their rights. This is confirmed by sociological studies that were carried out in three cities - Astrakhan, Ryazan and Cheboksary as part of the project “Raising awareness of the Russian legal system”. According to the study, the majority of the inhabitants of the named cities “call the chiefs and the police first the main violators of their rights, and only then the bandits ...

In terms of social rights and social rights, the inhabitants in the first place put the existing system of power (44.7%), in the second - the police (43.3%), then come criminals (41.9%), followed by the bosses who do not pay pensions and salaries ( 37.2%), and officials (30.4%) close the row. This hierarchy of “violators” can speak of two things - that the shortcomings of the legal system have a highly negative impact on the consciousness of citizens. And that people project a high level of mistrust in the law enforcement system onto the entire power system, reducing its authority ”2.

Moreover, this problem, to one degree or another, concerns the entire law enforcement system. Meanwhile, if we take specifically the police, it is in the trust rating one of the last places among other law enforcement agencies, state and public institutions3. And among police officers, according to the results of the above-mentioned study, the traffic police officers protect the rights of citizens the worst of all4.

Probably a response to

2 Shabrov O. et al. For whom the law is not written. By order of the State Duma, scientists have found out the level of legal consciousness of Russians / O. Shabrov, N. Sashchenko, M. Mizulin // Russian newspaper... - 2006 .-- Apr 4.

3 See: M. Falaleev. President appealed to the police and demanded to introduce civil control over law enforcement agencies // Rossiyskaya Gazeta. - 2006 .-- Feb 18.

4 See: O. Shabrov et al. Decree. op.

Section 1. Methodology, theory and history of state legal regulation

Such a “law enforcement activity” of “traffic cops” can be considered a long-established tradition among Russian drivers to warn oncoming cars by flashing their headlights about a “law enforcement ambush” of traffic police officers ahead.

For example, the Ministry of Internal Affairs of Russia believes that “... at the present time, there is a strong opinion among employees that it is permissible to violate the law in the line of duty. Since in modern conditions of cohesion and organized crime, it is impossible to solve a complex crime and bring the perpetrators to justice without breaking the law ”1. This approach to assessing the situation leads to illicit working methods and violence.

N.V. Tarasov cites statistics from a face-to-face survey of convicted officers of the Ministry of Internal Affairs of Russia. In his opinion, "office" crimes include the following types: abuse of office, crime against justice, coercion to testify, bringing a knowingly innocent person to criminal responsibility, unlawful release from responsibility, falsification of evidence. The table shows the percentage of employees convicted for various reasons.

Table 12

Motive Share of convicts

"Curry favor" 43.7%

self-interest 20.3%

careerism, striving for promotion 8.6%

show your superiority over other people 8.5%

under pressure or following the example of their colleagues 4.7%

take revenge on someone 4.3%

hide a previously committed crime 4.2%

found it difficult to answer 99%

In our opinion, without modernization of the legal framework, which will

1 Tarasov N.V. Reasons and conditions for committing crimes by law enforcement officers // Law and Law. - 2002. - No. 8-9. - S. 87.

2 Ibid. - S. 89.

barks economically unprofitable corruption or illegal actions of law enforcement officers, the police, instead of ensuring public safety, will continue to withdraw "tribute" from citizens, merchants and "stalls", i.e. those from whose taxes they receive financial support, form, special. equipment, weapons, etc. Traffic police officers, instead of ensuring safety and order on the roads, will "cut" motorists. Operational services, fighting organized crime, drug trafficking, economic crimes, etc., will simultaneously participate in the redistribution of property.

Thus, the foundations of law can sometimes be undermined by law enforcement officers themselves.

Hence the unwillingness of citizens to cooperate with law enforcement agencies.

What needs to be done to get out of this situation? What means to ensure the effectiveness of the law enforcement system, which is part of legal system?

From our point of view, a comprehensive, consistent and scientifically grounded activity of state and non-state structures in the field of protection of law is needed, those. special law enforcement policy.

As you know, depending on the functions of law, legal policy can be subdivided into law regulatory and law enforcement. If the first is designed to facilitate the implementation of the regulatory function of law, to create conditions for ensuring the normal development of social relations, the second is to give a general algorithm to the actions of all law enforcement agencies, to mobilize them for a more effective implementation of the protective function of law.

In addition, law enforcement policy links the law enforcement function of the state and civil society with the protective function of the law itself, and also combines the existing

Legal science and law enforcement practice law enforcement structures into a single law enforcement system.

The protective function requires constant attention from state and non-state law enforcement agencies. In order to more effectively carry out the protective function, these structures should, in one way or another, participate in the formation and implementation of the relevant law enforcement policy.

If this function is not carried out, which is observed in modern Russia, then, as the legal practice shows, the same happens with the legal system as a whole. The role of law enforcement policy is precisely to "establish", to fully restore the protective function of law, to make the law more protected from the challenges and threats of our time.

In this regard, law enforcement policy can be defined as scientifically based, consistent and comprehensive activities of state and non-state structures to increase the effectiveness of the protective function of law, improve law enforcement and build a full-fledged law enforcement system.

At the same time, law enforcement policy should not be equated with criminal law policy. If the first is aimed at the protection of law, the creation and functioning of a full-fledged law enforcement system, counteraction to various offenses, then the second is only aimed at counteracting criminal offenses, i.e. crimes. As noted by N.A. Lopashenko: “The priority of the criminal law policy stems from the fact that only within its framework are resolved such fundamental problems for each state as establishing the basis and principles of criminal responsibility, determining the range of criminal acts and types of punishments and other measures of a criminal law nature for them. The issues of criminality and punishability of acts are at the center of criminal law policy ... Criminal law policy can be

defined as a part of the internal policy of the state or a fundamental component of the state policy of combating crime, as the direction of the state's activity in the field of protecting the existing social system from criminal encroachments, which consists in the development and formulation of ideas and fundamental provisions, forms and methods of criminal law impact on crime in order to decrease and decrease its negative impact on social processes "1.

Consequently, the goal of law enforcement policy is to increase the "immunity" of law from all kinds of offenses, the effective implementation of its protective function, the effective work of the law enforcement system.

Law enforcement policy needs to be modernized, because its main object has changed and is far from better side: offenses have become more organized, sophisticated, technically equipped.

This means that it is necessary to "add" consistency and consistency to the activities of law enforcement agencies. It is important to take measures to ensure that the new law enforcement policy promotes the adoption of more advanced regulatory and law enforcement acts in the law enforcement sphere, strengthening the prevention of offenses, restoring violated rights, and ensuring legal responsibility for persons who have committed offenses. Closer interaction of both state and non-state law enforcement structures is also required in order to achieve their goals.

In addition, modern Russian law enforcement policy is designed to create equal legal conditions for subjects, including regions that are considered independent subjects of legal life. The fact is that there is now a noticeable difference

1 Lopashenko N.A. Criminal law policy // Russian legal policy / Ed. N.I. Matuzov and A.V. Malko. - M., 2003 .-- S. 362-363.

Section 1. Methodology, theory and history of state legal regulation

in the level and quality of law enforcement services for "Moscow and Muscovites" and other "mere mortals" of the country's inhabitants. In particular, Moscow as a constituent entity of the Russian Federation is a kind of state within a state in which, in fact, a very effective law enforcement network has been created at the expense of the entire country. Practically the best law enforcement officers are invited to the capital, whose legal activities are provided much better than the activities of similar persons working in the regions. Within the Garden Ring of Moscow, the main human rights organizations have also "dug in", for which the very place is in the outback, where many people generally have a vague idea of ​​human and civil rights, as well as the provisions on their protection.

We can only welcome such concrete "steps" in the field of law enforcement as focusing on creating a system for the prevention of offenses, establishing transparency in their accounting and registration1, restoring permanent police posts on city streets2, introducing a new procedure for checking employees of private security structures (now, to obtain the right to become a security guard or a detective, and most importantly - a license for a weapon or even a rubber stick, you must not only pass difficult exams by the police commission, but also regularly confirm your knowledge and skills) 3, the introduction of civilian control over law enforcement agencies4, etc., and etc.

1 See: R. Nurgaliev. To reach the precinct. The Minister of Internal Affairs defined the priorities in the work of his department // Rossiyskaya Gazeta. - 2006 .-- Feb 18.

2 See: M. Falaleev. The police are striking. Nurgaliev issued an order providing for a new procedure for patrolling and protecting the streets // Rossiyskaya Gazeta. - 2006 .-- June 2.

3 See: M. Falaleev. Security will take to the streets. The Ministry of Internal Affairs is developing amendments to the legislation on private security activities // Rossiyskaya Gazeta. - 2006 .-- Apr 4.

4 See: M. Falaleev Druzhinnik on a fee. The Ministry of Internal Affairs orders to control itself // Rossiyskaya Gazeta. - 2006 .-- 31 Jan.

Law enforcement policy presupposes a high level of legality in the country. Economically sound laws form effective law enforcement mechanisms that really protect against encroachments on law-abiding citizens, forcing persons prone to criminal socialization to refrain from committing crimes. What is actually happening today when a law-abiding citizen begins to cooperate with the police? It is not uncommon for a witness who gave truthful testimony during the investigation about the facts of criminal activity known to him, the next day with horror, read about it in the newspaper. After all, a "leak" in any form is nothing more than a direct hint to the members of the organized criminal group about the need to "neutralize" an unwanted witness. It is difficult to gain confidence in law enforcement if the head of the security service of one of the structures turns out to be the owner of expensive real estate abroad. The guilt of each subject can only be established by a court, but we are talking only about the attitude that society develops towards representatives of power structures on the basis of this and similar cases. Despite a number of broadcast statements, the witness protection program is still not operational. We only learn from films and novels by foreign directors and authors that the state helps valuable witnesses to change their first and last name, place of residence and even appearance.

So, in our opinion, the task of the state is to bring laws to a single standard and deprive them of corruption attractiveness. To create laws that stimulate the discipline of employees, their interest in improving their professional and cultural level, it is possible only by providing them with a financial support mechanism. To do this, it is necessary to modernize the socio-economic base of the law enforcement agencies of the internal affairs, which will not be fragmentary, but a monolithic component in the new concept of Russia's law enforcement policy. This will allow

Legal science and law enforcement practice decide professional and social problems employees, to ensure their social protection with the rehabilitation of not only employees, but also their families. In Russia today there are 450 large organized criminal groups that affect the socio-economic situation and the criminal situation in the regions. Their total number reaches 12 thousand people1. Law enforcement officers who risk their lives every day in the performance of their official duties have the right to a dignified life, just as citizens have the right to protection.

1 See: R. Nurgaliev. The right to order is guaranteed by the police // Parliamentary newspaper. - 2007 .-- 8 Feb.

their rights from criminal encroachments of criminal structures, corruption and police arbitrariness.

Human interests are the main guideline for improving the elements of the legal regulation mechanism, increasing the level of legal culture of subjects of law, influencing the quality of law enforcement and the process of strengthening the rule of law and law and order.

Thus, only by strengthening the role of law enforcement policy in the life of the country in the formation of a full-fledged law enforcement system, it is possible to achieve a full-fledged reform of the Russian legal system.

A.V. MALKO, Doctor of Law, Professor, Director of the Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Honored Scientist of the Russian Federation, V.A. TEREKHIN, Candidate of Legal Sciences, Head. Department of Justice of Penza state university, Honored Lawyer of the Russian Federation Problems of functioning of the law enforcement system of the Russian Federation are investigated; the conclusions are drawn that it is in a state of deep crisis ...

This article was copied from https://www.website

Magazine pages: 3-8

A.V. LITTLE,

Doctor of Law, Professor, Director of the Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Honored Scientist of the Russian Federation,

V.A. TEREKHIN,

Candidate of Legal Sciences, Head. Department of Justice, Penza State University, Honored Lawyer of the Russian Federation

The problems of the functioning of the law enforcement system of the Russian Federation are investigated; conclusions are drawn that it is in a state of deep crisis; measures are proposed for its reform, the formation and implementation of law enforcement policy as the basis for all modernization processes.

Key words: law enforcement agencies, law enforcement system, law enforcement activity, modernization, law enforcement policy.

Law-enforcement policy as a basis for development of law-enforcement activities

Malko A., Teryokhin V.

The law-enforcement system functioning of the Russian Federation is studied in the article. The authors come to the conclusion that it is in deep crisis at the moment. Since the law-enforcement policy turns out to be the basis of all the development processes, a set of steps is proposed to its administration, formation and reformation.

Keywords: law-enforcement agencies, law-enforcement system, law-enforcement activities, development, law-enforcement policy.

Extremely negative recent events associated with a series of offenses by employees of the Ministry of Internal Affairs of the Russian Federation (mass “clean-up operations” in Blagoveshchensk, the murder of a teenager in Tyva and a journalist in Tomsk, Major Evsyukov's shooting of civilians in Moscow, an unprecedented special operation to create a “human shield” from private cars on the Moscow ring road, the detention for extortion of the entire company of traffic police in Astrakhan, falsification of criminal and administrative cases against innocent citizens of many regions of the country), generated in the Russian public consciousness serious doubts about the ability of these bodies to fulfill the human rights function of the state.

In addition, publications appeared in the central mass media with conclusions not only about the alienation of the police from society, but about their direct confrontation. A legal paradox has formed, the main contradiction of our time: the employees of these services "see their task in" protecting "themselves, in the extreme case - their corporate interests, and not citizens." There are calls, including from State Duma deputies, to abolish the Ministry of Internal Affairs, to create people's guards "to protect the population from the police", and the Minister of Internal Affairs "allowed to defend against the police."

Along with this, the daily flow of information reported by the media about corruption in all power structures, about numerous violations of socio-economic rights, systemic violations of the rights of children left without parental care, explicit and gross neglect of the current standards for the operation of especially dangerous objects of vital activity clearly show, on the one hand , the absolute helplessness of a person, and on the other - the weakness and ineffectiveness of the domestic law enforcement mechanism.

According to many expert estimates, the entire law enforcement system of the country is in a state of deep and systemic crisis. Under the new conditions, it is not capable of fully fulfilling the tasks assigned to it to ensure the legal security of our citizens, public and state interests. A professional and moral deformation of many representatives of the relevant structures has set in. There was an obvious conflict between their personal and public interests. Public confidence in the entire law enforcement bloc appears to have been undermined. So, according to sociological research analytical center Yu. Levada, now “there are only three very stable institutions in the zone of trust: Putin and Medvedev, the army and the church ... and the police, the court, political parties, the prosecutor's office, the deputy corps are assessed by people extremely negatively and enjoy predominantly mistrust ”.

Therefore, it is by no means accidental that the President of the Russian Federation on February 18, 2010 issued Decree No. 208 "On Certain Measures to Reform the Ministry of Internal Affairs." In fact, this legal act is about the beginning of transformations of one of the most important areas of state activity. A little earlier, in 2007, structural changes were made in the Prosecutor's Office of the Russian Federation, under which the Investigative Committee was formed (Federal Law of 05.06.2007 No. 87-FZ "On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law" On the Prosecutor's Office of the Russian Federation " "), And in 2008 the President of the Russian Federation announced the beginning of the next stage of reforming the judicial system (order of the President of the Russian Federation dated 20.05.2008 No. 279-rp" On the formation of a working group on improving the legislation of the Russian Federation on the judicial system ").

In this regard, a natural question arises: can the implementation of the planned measures lead to an improvement in the state of law enforcement? The question posed is likely to be answered in the affirmative. Or rather, it will, to some extent, contribute to a change in the current situation.

At the same time, it is not difficult to assume that the modernization of the state spheres specified in the named legal acts, in itself, will not lead to radical changes, a significant increase in the efficiency of the entire law enforcement complex and the high results expected by society. And this is explained by the fact that the decisions made, as can be seen from their content, have a strictly substantive, relatively speaking, departmental character. The range and scope of reform measures is somewhat targeted and limited. It does not affect the entire law enforcement system and is isolated from many other problems of law enforcement.

In our opinion, one of the important and indispensable conditions for overcoming such large-scale and deep social and legal phenomena is the conceptual approach. Therefore, appropriate efforts are required, systematic and consistent work on the formation and implementation of the doctrinal foundations in the field of protection of law, legal values. In other words, a state law enforcement policy is needed. And on its basis, it is possible to more successfully solve the problems of increasing the efficiency of all law enforcement activities, ensuring the rights and freedoms of citizens, the interests of society and the state.

Law enforcement policy, of course, should become one of the varieties of a well thought out, officially adopted and actively implemented legal policy in society. In other words, law enforcement policy is one of the components of a broader and broader concept, which is legal policy in general.

Note that, in contrast to legal policy in general, to which the attention of many scientists has recently been drawn, the problems of law enforcement policy have not been properly studied until recently. Therefore, today there is a weak elaboration and controversy of many conceptual foundations of this legal phenomenon. So, in legal science there is no consensus on the concept and content of such basic legal categories as law enforcement agencies, law enforcement system, law enforcement mechanism, law enforcement, sphere and subjects of its implementation, etc. There is also no common scientific approach to the content of legal the term "protection", its correlation with similar legal categories "protection", "provision", "realization of the rights and freedoms of the individual." Moreover, we do not have an established scientific understanding of law enforcement policy, its content, priority areas of implementation. In the meantime, there are disputes between representatives of science and practicing lawyers, the criminal situation has become a real factor threatening the national security of Russia. The rights and freedoms of our fellow citizens, as already noted, are substantially and systematically violated in many other areas of social relations.

The foregoing once again emphasizes the importance of developing and implementing an official law enforcement policy and its concept that meets modern social realities and takes into account both our own historical experience and the achievements of world practice. A concept is not only a collection of theoretical ideas, but also a kind of program of concrete actions. And as the practice of social management in recent years shows, it is the program-target method that allows you to effectively solve the tasks set, to achieve the intended goals.

As you know, depending on the functions of law, legal policy can be subdivided into law regulatory and law enforcement. If the first is designed to facilitate the implementation of the regulatory function of law, the creation of prerequisites for the harmonious development of social relations, then the second is to give a general algorithm to the actions of all subjects of law enforcement, to mobilize them for a more effective performance of the protective function of law. Law enforcement policy unites all available law enforcement actors into a law enforcement system.

The protective function of law requires constant attention from state and non-state law enforcement agencies. And in order to effectively exercise their powers, they must in one way or another participate in the formation and implementation of law enforcement policy.

If this function does not work, which is observed in modern Russia, then, as legal practice shows, the legal system as a whole does not work either. The role of law enforcement policy is to debug, fully restore the protective function of law, to make the law more protected from the challenges and threats of our time.

In our opinion, in the very general view law enforcement policy can be defined as scientifically based, consistent and comprehensive activities of state and non-state institutions to increase the effectiveness of the protective function of law, build a full-fledged law enforcement system, improve law enforcement in order to ensure the rights and legitimate interests of the individual, society and the state.

Law enforcement policy has a very specific content, goals, objectives, functions, priority areas. It is based on certain principles.

Its essence lies in the development and practical implementation of protective ideas and strategic goals.

This policy is based on integration principles. By its nature, it is capable of combining many types of legal policy in order to achieve common law enforcement tasks: lawmaking, law enforcement, judicial and legal, criminal law, procedural and legal, financial and legal.

In practical terms, this policy is a versatile activity of many actors aimed at solving a wide range of law enforcement tasks, such as:

1) increasing the efficiency of legal regulation in this area;

2) organization of an efficient law enforcement mechanism;

3) coordination and interaction of law enforcement agencies;

4) the formation of their staff;

5) improvement of the actual law enforcement activity - the fight against crime and other offenses, control and supervisory functions, justice and other areas;

6) development and implementation of preventive measures;

7) the formation of a law enforcement culture of civil servants and a law-abiding personality, etc.

At the conceptual level, in our opinion, the issue of the subjects of law enforcement policy and related activities requires a detailed study. And if an innumerable number of legal entities and individuals, including citizens, can take part in the formation of law enforcement policy, then by no means many have the right to actually perform the functions of law enforcement.

Undoubtedly, law enforcement policy should not be reduced to criminal law policy. The sphere of her interests is not limited only to the criminal environment, and the objects of her protection are all areas of social relations regulated by law. Often, a violation, for example, of environmental, construction, medical, labor, housing standards, sometimes causes no less social harm than a crime.

In the modern theory of law, state and non-state law enforcement activities are distinguished. The latter is carried out by many social entities that perform the functions of protecting the rights and freedoms of the individual, protecting public order, and resolving certain legal disputes.

At the same time, the Constitution of the Russian Federation directly assigns the solution of tasks related to law enforcement to the state. How correctly E.A. Lukashev, a necessary condition for ensuring human rights is to improve the activities of the state and its bodies.

In legal science, a conditional division of state bodies into two large groups has developed: firstly, these are bodies for which ensuring human rights is important, but not the main type of activity, and secondly, the bodies that carry out law enforcement activities as the main one. The bodies in the second group are considered specialized and are called law enforcement agencies. They have become the centerpiece of the law enforcement system.

There are no definitive norms in the legislation that reveal the concept of "law enforcement agencies", therefore, it is being developed by the legal doctrine. In science, they traditionally include special bodies for combating offenses (crime), bodies exercising control and supervisory powers, and a number of others.

The role of the court in the formation and implementation of law enforcement policy deserves a separate discussion. At first glance, in such a formulation, this question does not present any difficulties. The court as a public authority, by virtue of its functions of law enforcement, interpretation and lawmaking, undoubtedly forms the judicial, law enforcement and, in general, the legal policy of the state. However, the problem lies in the fact that for a long time in legal science the status of the court as a subject of law enforcement activity remains uncertain. Among scientists and practitioners, the opinion has become stronger that the court cannot be considered as one of the law enforcement agencies and is not included in their system.

However, one can hardly agree with this point of view. In our opinion, the term "law enforcement bodies" is a collective term, and the court also belongs to such bodies in the sense and essence of their activities. Having the main legal means - the current legislation - and exercising special powers on behalf of the state, the court protects the rights and freedoms of citizens, the interests of society and the state. According to the apt remark of I.L. Petrukhin, "in a sense, the courts are even more law enforcement agencies than the prosecutor's office, the Ministry of Internal Affairs and the FSB." From the standpoint of the functional approach, as noted by M.I. Baytin, the courts were and remain bodies specially created to protect law, legality and order, that is, law enforcement agencies. Here, apparently, it is appropriate to recall the words of the prominent scientist-lawyer of the 19th century N.M. Korkunova: case judiciary- “to protect the existing right”.

The main argument of opponents, who claim that the court does not protect, but protects already violated rights, and therefore does not perform the function of law enforcement, from our point of view, can in no way shake the status of the court as a subject of law enforcement. In our opinion, the concept of "protection" is an integral part of broader terms, which are "protection" and "ensuring" of human rights and freedoms. In addition, in modern conditions the court not only restores the violated or disputed rights of the individual, but also carries out a preventive, educational and even in certain cases, seemingly unusual for our legal system function - lawmaking. In any case, the recently adopted ruling of the Constitutional Court of the Russian Federation of November 19, 2009 No. 1344-O-R "On clarification of paragraph 5 of the operative part of the Resolution of the Constitutional Court of the Russian Federation of February 2, 1999 No. 3-P in the case of checking the constitutionality of the provisions of Article 41 and part three Article 42 of the Criminal Procedure Code of the RSFSR, paragraphs 1 and 2 of the Resolution of the Supreme Council of the Russian Federation of July 16, 1993 "On the Procedure for Enactment of the Law of the Russian Federation" On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", Criminal Procedure Code The RSFSR, the Criminal Code of the RSFSR and the RSFSR Code of Administrative Offenses "" ", with which he, instead of the country's legislative body, essentially abolished such a type of criminal punishment as the death penalty, leaves no doubt about it. And in fact, case law is being formed in modern Russia.

That is, the law enforcement activity of the court begins not with the restoration of already violated rights, but at an earlier stage.

Therefore, the problems of the implementation of judicial policy and the functioning of the judicial system, from our point of view, can become an integral part of the concept of law enforcement policy. Moreover, here one should take into account the existing very acute defects in the execution of judicial acts. The European Court of Human Rights has repeatedly written in its decisions that judicial procedures for the protection of human rights cannot be considered complete if the decision taken by the court is not actually executed.

In our opinion, active subjects of law enforcement activity should become new ones for modern Russia. state institutions... Such, for example, as the Commissioner for Human Rights, federal Service financial monitoring, legal bureaus created within the framework of the Ministry of Justice of the Russian Federation to provide legal assistance to the population. By the way, these bureaus as state institutions became the prototype of the now emerging state advocacy.

Now let us briefly dwell on some, in our opinion, priority areas of law enforcement policy and the modernization of this system.

Of course, this should be the improvement of the organizational and legal framework for the control and fight against crime, and above all with the most dangerous forms of its manifestation: organized crime, including criminal communities, corruption and embezzlement, illegal drug trafficking, terrorist manifestations, juvenile delinquency. as a breeding ground for its most dangerous forms.

One of the main directions of this policy should be the coordination of all subjects of law enforcement, and especially special services, the elimination of their redundant and duplicate functions. Recently, the President of the Russian Federation laid the blame for the failures in the Ministry of Internal Affairs and on the supervisory authorities on the collegiums of the Prosecutor General's Office. Apparently, the function of coordination of law enforcement agencies, performed by the RF Prosecutor's Office, does not quite work. And additional measures are required at the level of state policy to overcome the disunity of various departments, to strengthen their interaction, to pool forces and means to carry out common law enforcement tasks.

The problem of developing uniform criteria for the effectiveness of law enforcement has become quite complex. Unfortunately, the current indicators for assessing special structures are largely formal and do not reflect the true state of their achievement of socially useful goals. They are largely dominated by corporate principles. At the same time, it is very gratifying that in recent years the society has been actively discussing the problem of improving the criteria for assessing the law enforcement system. It seems that here it is necessary to move away from a formal-quantitative approach, and indicators of the effectiveness of law enforcement should be focused not on departmental, but on national, public interests.

Serious adjustments should be made to the personnel policy. On this basis, develop and adopt a federal law "On the law enforcement service in the Russian Federation." After all, it's not a secret for anyone that the negative phenomena noted among employees of this field of activity did not arise today, but go back to the 90s of the last century, when professionals left these bodies for certain reasons, completely destroyed and have not yet been restored the basics of recruiting the relevant structures, and especially in the Ministry of Internal Affairs. As the former head of the Moscow GUVD V. Pronin recently remarked, "over the past many years, we have not been recruiting for the system of internal affairs bodies, but recruiting." It seems that now it is necessary to fight not with the consequences of the problems that have arisen, but with the causes. Therefore, real and effective measures are required for the selection, professional training and retraining of personnel, and the improvement of the legal status of employees. Their level of material, household and social security must be worthy, correspond to the high responsibility assigned to them, and their service in the authorities must be prestigious. And undoubtedly, it is necessary to solve the problem of restoring and increasing the level of trust and support from society.

Ensuring the effective operation of the entire law enforcement mechanism is impossible without reliably functioning control on the part of society, as well as the development of the principle of publicity (transparency) of the activities of these bodies. Their closed nature is a breeding ground for corruption, abuse and the adoption of illegal decisions that violate or infringe on the rights and legitimate interests of citizens. On July 1, 2010, the Federal Law of December 22, 2008 No. 262-FZ “On providing access to information on the activities of courts in the Russian Federation” came into effect. It will, of course, contribute to the maximum possible openness of the entire sphere of judicial activity and to a greater extent guarantee the provision of fair justice. Now it is necessary to develop and adopt another legal act in order to regulate the principle of publicity in the activities of other law enforcement bodies.

In conclusion, we note that the law enforcement system of modern Russia plays a leading role in the fulfillment of the human rights function of the state, the establishment of harmonious relations between the individual and the authorities. Law enforcement policy, which should be formed by the joint efforts of scientists and practitioners, all those who are interested in the further legal and democratic development of our society, can become the basis for its exit from the crisis and increase the efficiency of law enforcement.

Bibliography

1 This work was supported by the Russian Foundation for Basic Research (project No. 09-06-00156a).

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20 Pronin V. “As a police chief, I sometimes wanted to howl from these cadres” // Komsomolskaya Pravda. 2010.6 feb.

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