In addition to law enforcement agencies, organizations for the control of legality include the advocacy and notaries. They are not directly related to law enforcement, because they are not involved in law enforcement activities. The legal profession is engaged in the defense and representation of interests Russian citizens in the courts. If the rights of citizens are infringed or if the state, represented by certain bodies, makes any claims to a person, the person can turn to a lawyer who will be his legal representative in the courts. Lawyers, defending the interests of citizens, defend the law, but are not law enforcement agencies in the literal sense of the word.

The notary fixes certain legal acts and documents. It testifies that this or that transaction has been concluded, makes up a will or property transfer transaction (Fig. 2).

Rice. 2. Notary ()

FSO

The Federal Security Service is closely connected with the FSB. This is a special unit that deals with the protection of high-ranking officials of the state. FSB and FSO are similar services, and in the past they were part of a single Committee state security... FSO employees protect not only the top officials of the state, they are also engaged in the protection of objects state significance and foreign delegations who come to the Russian Federation. The training of employees is also carried out in a special academy, where young people are trained in various specialties: security for top officials, radio support, etc. Similar structures also exist in different countries of the world. In the United States, there is a Special Presidential Security Service, which is also engaged in counterintelligence and competes with the CIA and the FBI. FSO does not perform such functions.

Reforms in the field of law enforcement agencies affected, first of all, the notary. The question is raised about the transfer of authority to this organization to extradite foreign passports... This function is labor intensive and time consuming. In the Soviet Union, citizens traveled little abroad, since the state was more closed. Now Russia is deeply integrated into the world community, citizens of the Russian Federation go abroad not only to see the world, but also to work, to buy property and real estate there. The integration processes that have been launched in the world inevitably lead to the constant movement of citizens. The problem with foreign passports will be solved if these functions are transferred to the notary.

There are other organizations involved in law enforcement: private security companies (Fig. 3) and detective agencies. Such organizations are engaged in the protection of private, and sometimes public facilities... They make sure that there are no violations of public order. Since they are engaged in law enforcement activities, although they are private organizations, they must carry out their functions within the framework of the law.

Rice. 3. Private security ()

Customs

Federal Customs is a law enforcement service that protects the state along its borders. Customs officers are the first barrier on the way foreign citizens who want to import into the territory of Russia substandard, contraband or prohibited goods for sale in the Russian Federation. Customs officers collect state fees from imported goods that are subject to special state tax... If imported goods were not subject to such a tax on the territory of the Russian Federation, they would have cost less, but then Russian goods of the same quality, could not withstand the competition, and this would mean the loss of jobs for Russian workers. As a result, social tension in the country could increase. In order to protect domestic producers, the country is pursuing a policy of protectionism, a policy of supporting Russian producers. Customs is one of the oldest organizations. Until the time of Peter the Great, there was also an internal customs office in the country. When crossing the border of one region with another, any merchant had to pay tax.

Private detective activities are carried out by special organizations, agencies or individuals with a special license. You cannot engage in law enforcement without being a specially trained person. No one can organize a detective or security agency without having certain rights... Typically, people who work as private investigators have a law degree, have served in the military, or have worked in law enforcement. A person working in this area as a private person must be able to keep secrets, therefore such activities are licensed by the state.

Rice. 4. Police cadets ()

This main lesson dealt with the bodies involved only indirectly with law enforcement functions, in the next lesson we will talk about the law enforcement bodies involved in such work directly: the police (Fig. 4), the prosecutor's office, the courts.

Bibliography

1. Bogolyubov L.N., Gorodetskaya N.I., Ivanova L.F. / Ed. Bogolyubova L.N., Ivanova L.F. Social Science 7. - M .: Education.
2. Nikitin A.F., Nikitina T.I. Social Science 7. - M .: Bustard.
3. Danilov D.D., Davydova S.M., Nikolaeva A.A. and others. Social Science 7. - M .: Ballas.

1. E-college.ru ().
2. Piter-press.ru ().
3. Be5.biz ().

Homework

1. Write down brief description the main law enforcement agencies of the Russian Federation.
2. Make 3 tests on the topic of Russian law enforcement.
3. Make a small list of the latest news related to the FSB or FSO, using the Internet resources.
4. * Based on your historical knowledge and lesson material, do your research: What functions of law enforcement are most important in your opinion? Think about how effective are these or those structures of these organs, with the help of what could improve their efficiency?

The procedure for admission to service in the internal affairs bodies, the police is based

on the following requirements: citizenship Russian Federation, definite

age, health status, general average, average

professional or higher education... Business,

personal and moral qualities that allow you to perform official

responsibilities. Professional career in the internal affairs bodies, police

associated with promotion and assignment of regular special

The regulatory enactments establish the term of service by titles,

benefits, guarantees and compensation, the procedure for termination of service in

law enforcement agencies.

The specifics of activities and working conditions in the internal affairs bodies

characterized by high labor intensity, difficulties of individual

planning of working hours associated with the need for constant and

immediate response to all kinds of instructions and events.

Lawyers in the internal affairs bodies are linked by legal and factual

supervision by superior employees, strict discipline,

the dependence of progress on the results of certification and, in principle, on

discretion of management. Fast professional career, good

material conditions, security in the internal affairs bodies are associated with

high responsibility, great dedication and difficult working conditions.

54. Professional activities of a lawyer in the authorities state power and management

PROSECUTOR - an official of the prosecutor's office, empowered on the implementation of prosecutorial supervision. In accordance with the procedural legislation of the Russian Federation, he participates in the consideration of cases by the courts, protests against decisions, sentences, rulings and rulings that are contrary to the law. Prosecutors cannot be members of elected and other government bodies and local government, members of public associations pursuing political goals, and take part in their activities. Prosecutors are appointed by the Prosecutor General of the Russian Federation for a term of five years.

Police system public services and public order authorities. Carries out a wide range of functions, the set of which in different countries differs. The most characteristic function is prevention (prevention), suppression, detection and disclosure of crimes and other offenses. The police may also be entrusted with the task of protecting various objects, directly maintaining order in in public places, regulation road traffic, prevention of accidents, implementation of administrative control and supervision in different areas activities, execution of decisions of other state bodies, etc.

Judge - a person who is a member of the court and administers justice; v modern theory separation of powers - a person vested with judicial power. In different jurisdictions, the powers of judges and the requirements for them differ. In the continental civil law where crime is investigated, judges usually have special training complementary to higher legal education, and arbitrage practice is primary for them; the case is considered by a panel of judges headed by the presiding judge. In some countries, a number of criminal cases require jury trials, but civil cases are only tried by judges. Sometimes judges have the powers of investigators, in any case, they are not obliged to limit themselves only to the evidence presented during the hearing. There is a system appellate courts, the highest of which is called the supreme court; usually, the supreme courts sit not in full, but in special collegia. A number of continental legal systems also have a constitutional court, which decides on the constitutionality of laws or regulations and can overrule them.

55. The profession of a bailiff, bailiff: concept and main features

Bailiff - an official direct implementation functions to enforce court decisions, acts of other bodies and officials.

The main duty - the execution of decisions, decisions, is (mainly) in the collection of monetary amounts. Foreclosure means the seizure (and seizure) of cash, both in cash and in the accounts of the debtor, as well as the seizure of property, with its subsequent sale, and repayment of the debt. Also, one of the incentive measures includes: a ban on leaving the Russian Federation, a ban on the issuance of a passport, a ban on the alienation of property (movable or immovable), a ban on the alienation of the fruits of intellectual activity.

55 Question. The profession of a bailiff, bailiff: concept and main features

Bailiff (bailiff) - an official who carries out the enforcement of court decisions and orders.

In Russia, bailiffs - officials - state civil servants of the Russian Federation, on whom the Federal Law “ About bailiffs»Tasks are assigned to ensure the established procedure for the activities of courts, as well as the execution of judicial acts and acts of other bodies provided for by law.

On bailiffs tasks are assigned to ensure the established procedure for the activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, courts general jurisdiction and arbitration courts, as well as on the execution of judicial acts and acts of other bodies provided for by the federal law on enforcement proceedings.

A bailiff can be a citizen of the Russian Federation who has reached the age of 20, who has a secondary (complete) general or secondary vocational education (for a senior bailiff - a higher legal education), capable of his business and personal qualities, as well as for health reasons, to perform assigned to his responsibilities. A bailiff is a public official.

Depending on the duties performed bailiffs are subdivided into bailiffs who ensure the established procedure for the activities of the courts (bailiffs for OUPDS), and bailiffs executing judicial acts and acts of other bodies.

Question 56. The profession of an investigator: concept and main features

Investigator in criminal procedural law - an official authorized to carry out a preliminary investigation in a criminal case, as well as other powers provided for by criminal procedural legislation.

The Criminal Procedure Code of Russia classifies the investigator as a participant in the criminal process on the part of the prosecution.

Russian legislation provides for the posts of investigators of the Investigative Committee of the Russian Federation, investigators of the internal affairs bodies, investigators of the Federal Security Service, investigators of the bodies of the Federal Service of the Russian Federation for Drug Control.

Investigator's powers

The Criminal Procedure Law of Russia provides that the investigator has a wide range of procedural powers :

• legal initiation of a criminal case
• acceptance of a criminal case for its own proceedings or transferring it to the head investigative body for referral by jurisdiction
• directing the course of the investigation, making decisions on the performance of investigative and other procedural actions, except for cases when, in accordance with the Criminal Procedure Code of the Russian Federation, it is required to obtain a court decision or the consent of the head of the investigative body
• giving the body of inquiry in the cases established by the Criminal Procedure Code of the Russian Federation and in the order of mandatory written instructions on conducting operational-search measures, the production of certain investigative actions, on the execution of orders on detention, drive, on arrest, on the performance of other procedural actions, as well as to receive assistance in their implementation
• to appeal, with the consent of the head of the investigative body, in accordance with the procedure established by law, the prosecutor's decision to cancel the decision to initiate a criminal case, to return the criminal case to the investigator for additional investigation, to change the scope of the charge or the qualification of the actions of the accused or to re-draft the indictment and eliminate the identified deficiencies.

Question 57. Expert's profession: concept and main features

Expert- a person with special knowledge, attracted by the investigating authorities, the court, the arbitration court, the arbitration court for the examination. The procedural legislation defines the grounds and conditions for the examination, the rights and obligations of the expert.

The expert has the right:

• get acquainted with the case file
• be present with the permission of the investigator (court) in the conduct of investigative (judicial) actions
• ask the interrogated questions
• give opinions

The competence of an expert does not extend to the legal side of a criminal or civil case. The expert submits an opinion to writing... For an unjustified refusal to give an opinion or for giving a deliberately false opinion, the expert bears criminal responsibility.

Activities:

• carrying out expert examinations of objects;
• collection of materials for examination at the crime scene

Places of work:

• the organization of law enforcement, the Department of Internal Affairs, the Ministry of Internal Affairs, the FSB;
• examination agencies and bureaus;
• courts of law;
• legal organizations

58. The profession of a notary: concept and main features

Notarius (lat.notarius - clerk, secretary) - a person specially authorized to commit notarial acts, including certification of the fidelity of copies of documents and extracts from them, certification of the authenticity of signatures on documents, certification of the fidelity of the translation of documents from one language into another, as well as some other actions, the norms of which differ from each other in different countries.

Rights and obligations of a notary:

Article 15. The foundations secured the key rights of a notary.

A notary has the right to perform all notarial acts provided for by the Fundamentals. The exception is cases when the specific place of the notarial act is determined by the legislation of the Russian Federation or international treaties... Notarial acts can be performed by a notary for all individuals and legal entities, which is very important for cases when the legislation does not provide for a mandatory notarial form for making a transaction. Physical and legal entities by agreement among themselves, they have the opportunity to certify with a notary any transaction that does not contradict the legislation of the Russian Federation.

Another component legal status notary - his duties.

As stated in article 16 of the Fundamentals, which is called: "Duties of a notary", a notary is obliged to provide assistance to individuals and legal entities in the exercise of their rights and protection legitimate interests, explain to them their rights and obligations, warn about the consequences of the performed notarial actions. Thus, the Russian legislator associates the duties of a notary exclusively with the needs of the client.

A citizen of the Russian Federation who has a higher legal education, who has completed an internship for at least one year in a state notary office or with a notary engaged in private practice who has passed the qualification exam and is licensed for the right to notarial activity.

The license for the right to notarial activity is issued by the authorized bodies of the Federal registration service RF, republics within the RF, autonomous region, autonomous regions, territories, regions, federal cities of Moscow and St. Petersburg within a month after passing the qualification exam on the basis of the decision of the qualification commission.

The procedure for issuing a license is established by the Ministry of Justice of the Russian Federation. Refusal to issue a license can be appealed to the court within a month from the date of receipt of the decision of the justice body.

The Qualification Commission takes the exam for persons who have completed an internship and wish to engage in notarial activities.

The qualification commission is formed under the bodies of the Federal Registration Service of the Russian Federation, republics within the Russian Federation, autonomous regions, autonomous districts, territories, regions, federal cities of Moscow and St. Petersburg with the participation of representatives of the notarial chamber.

The decision of the qualification commission can be appealed within a month from the date of delivery of a copy of it to the interested person to the appeal commission.

59. The profession of a lawyer: concept and main features

Lawyer (from the Latin advoco - I invite) - a lawyer specializing in providing legal aid citizens and organizations. The main goal of a lawyer is the legal protection of the rights, freedoms and interests of citizens and legal entities, including in court. In other words, a lawyer is an independent advisor on all legal issues.

Not every lawyer is a lawyer, but only one who, in the established Federal Law of 31.05.2002. "On advocacy and the legal profession in the Russian Federation" received the status of an advocate and the right to carry out advocacy. the federal law"On advocacy and the legal profession in the Russian Federation" No. 63-FZ dated May 31, 2002.

The task of each lawyer and the bar in general- not rendering assistance to the court, but protecting the rights and legitimate interests of persons who applied for legal assistance. But objectively, such activity contributes to the achievement of the goals facing justice. A lawyer is not a "court assistant", but a servant of his client, whose interests he is obliged to protect by all legal means. The client does not need a lawyer to act as a court assistant. Moreover, a lawyer is called upon to argue with the court when appealing against a verdict or other court decision.

A lawyer is understood as a person who has received the status of a lawyer and the right to practice law. A lawyer is a person entered in the regional register of lawyers, who is in any lawyer education and whose status has not been suspended.

The status of a lawyer in the Russian Federation may be acquired by a person who has a higher legal education obtained in a state-accredited educational institution higher vocational education, or a degree in law. The specified person must also have work experience in the legal profession for at least two years or undergo an internship in law education for a period of one to two years.

A lawyer can simultaneously be a member of the bar association of only one constituent entity of the Federation and be a member of only one lawyer education. However, he has the right to carry out his activities on the territory of the entire Russian Federation without any additional permission.

60. Professional literacy and speech in the activities of a lawyer

Public speaking has always played an important role in the life of society. It became fundamentally new in content when the adversarial process was implemented. Famous Russian and modern court speakers have always appreciated the opportunity public speaking and emphasized the importance of personal impact on the audience. They were excellent orators who mastered such aspects of oratory as scientific, persuasive, emotional, polemical. The power and impact of the speeches of court speakers depended not only on their truthfulness, ideological, scientific nature, but also on the nature of the language, style, features of speech construction, and the skillful use of oratorical techniques. For lawyers special meaning have performances by A.F. Koni. The court speeches of this skillful orator were distinguished by logic, subtle legal analysis, adherence to principles, tremendous power of persuasion. Those who listened to the speeches of A.F. Horses in court, noted his great and deep intelligence, perseverance, ability to control the audience. In our age, when the mass media are developing rapidly, public (oratory) speech, directly addressed to a living audience, continues to play a large role in public life.

The importance of mastering speech ethics for a lawyer

The constantly growing cultural level of the population also obliges lawyers to master high speech ethics. A lawyer must make speeches intelligibly, competently, competently, expressively, that is, be able to convince. A lawyer needs to be a good speaker. This is one of his main professional qualities. The judicial audience gives preference to those prosecutors and lawyers who use the entire arsenal of oratorical means and methods and possess oratorical techniques. It is possible and necessary to teach to argue, to learn to speak. In courts, you can often hear worn out, dull, boring speeches that can neither excite nor convince anyone. This circumstance allowed S. F. Ivanova to assert that judicial eloquence has largely "lost its social significance." No, judicial eloquence does not lose its social significance, public opinion is still being formed in the courtrooms, the judicial tribune remains a political tribune, and this must always be remembered by judicial orators. Appearances in court are of great political importance, because each judicial speaker approaches the assessment of a crime, all the circumstances of the case, taking into account the positions formed by society, educates citizens in the spirit of intransigence to violations of the law and morality. Judicial speeches are one of the types of verbal impact of a judicial speaker on public consciousness.

Chapter 1. Classroom and independent student work

1.1. Basic principles of preparation for classes and independent work of students.

1.2. Lecture notes

1.3. Preparation for practical training

1.4. Written works (reports, abstracts, essays)

1.5. Term papers and theses.

1.6. Preparing for an exam or test

Chapter 2. Legal terminology, legal culture and ethics, legal means and technologies.

2.1. Concept and content of legal terms

2.2 Brief historiography of jurisprudence.

2.3. Legal culture and ethics: concept, content and main features

2.4. Legal means and technologies.

2.5. The concept and types of legal documents.

Chapter 3. Legal education: types, forms, methods.

3.1. The concept and types of legal education. The Bologna Process.

3.2. Educational technologies and teaching methods

3.3. The concept of legal information sites, databases and systems

3.4. Aaep as an educational institution

Chapter 4. Types of legal activity. Activities of a lawyer in the socio-economic sphere.

4.1. Concept and main types of legal activity

4.2. Rule-making and work in the judiciary

4.3. Advocacy and notary

4.4. Corporate lawyer, legal services and law firms

4.5. The concept of qualified legal assistance

Chapter 5. Activities of a lawyer in the law enforcement sphere.

5.1. The concept and types of law enforcement.

5.2. Work in the internal affairs bodies and its types.

5.3. Investigation and inquiry: concept and principles of activity.

5.4. Prosecutor's Office: Concept and Functions

5.5. The judicial system of the Russian Federation: concept, structure, goals and principles of activity

1. Objectives of mastering the discipline

3. Requirements for the results of mastering an academic discipline

The structure and content of the discipline "Introduction to the specialty"

The structure of the discipline "Introduction to the specialty"

4.2. The content of the discipline "Introduction to the specialty"

Topic 1. Classroom and independent work of a student.

Topic 2. Legal terminology, legal culture and ethics, legal means and technologies.

Topic 3. Legal education: types, forms, methods.

Topic 4. Activities of a lawyer in the rule-making and socio-economic sphere.

Topic 5. Activities of a lawyer in the law enforcement sphere.

Appendix # 3. Sample tests to test knowledge

1) State exam

1) Ministry of Education

11. Do you accurately attend business meetings, meetings, meetings, meetings?

12. What value do you attach to the timeliness of the fulfillment of orders, assignments, requests?

Lebedev, K. Legal services for business (corporate lawyer): Study guide / Lebedev K.K .. - Moscow: Yurist, 2001. - 475 p.

Stops, and. B. Profession - lawyer / i. V. Uporov. - m .: ast; Rostov n / a .: Phoenix, 1999 .-- 403 p.

Chufarovsky, Yu.V. Introduction to the legal profession / Chufarovsky, Yu.V .. - Moscow: Socio-political thought, 2004. - 96 p.

Shugrin, E.S. Technique of legal writing: textbook / E. S. Shugrina; American Bar Association. - Moscow: Delo, 2000 .-- 271 p.

Chapter 5. Activities of a lawyer in the law enforcement sphere.

5.1. The concept and types of law enforcement.

Unfortunately so far legal science has not developed a unified approach to such a key concept that is widely used in scientific literature and in practice, as "law enforcement." This concept is relatively young. It was introduced into legal use only in the late 50s - early 60s. Here is the most common definition of law enforcement.

Law enforcement activities should be understood as state activities that are carried out with the aim of protecting rights by specially authorized bodies by applying legal measures of influence in strict accordance with the law and with unswerving observance of the order established by it. Thus, to the essential features law enforcement include:

firstly, the implementation of this activity is not in any way, but only through the application of legal measures of influence;

secondly, the compliance of the legal measures of influence applied in the course of its implementation with the requirements of the law or other legal act;

third, the implementation of law enforcement activities in the manner prescribed by law, in compliance with certain procedures;

fourth, the imposition of the implementation of law enforcement activities on specially authorized state bodies.

Law enforcement has not only complex and multifaceted goals, objectives and functions, but also a rather complex structure. It can be classified into a number of relatively large groups, formations, directions. These are, for example, the fight against crime in general, against organized crime, against economic crime, operational search activities, investigative activities, the fight against traffic violations, the fight against administrative offenses, crime prevention activities, the fight against fire safety, strengthening public order and a number of other areas. Each of them is important and, to a certain extent, relatively independent.

5.2. Work in the internal affairs bodies and its types.

The structure of the Ministry of Internal Affairs is quite complex, we will name only its main structures:

Investigative Department;

The Federal Migration Service:

State institution of private security;

State Administration for Road Safety:

State Administration for Ensuring the Protection of Public Order;

State Administration for Counteracting Extremism;

GU of own security;

State Administration for Transport Safety;

GU Criminal Investigation Department;

State Institution for Economic Security.

A detailed disclosure of the activities of each unit will take a lot of time, in addition, these issues will be studied in other legal disciplines, therefore, we will focus on a brief description of only the main types of activity, namely, operational-search activity, investigation and inquiry.

Regulated by the Federal Law "On Operational Investigative Activities" No. 144-FZ, dated 12.08.1995.

Operational-search activity- the type of activity carried out publicly and secretly by the operational subdivisions of state bodies authorized to do so by this Federal Law, within the limits of their powers by means of conducting operational-search measures in order to protect life, health, rights and freedoms of a person and citizen, property, ensuring the safety of society and states from criminal encroachments.

The tasks of the operational-search activity are:

Identification, prevention, suppression and disclosure of crimes, as well as the identification and identification of the persons preparing them, committing or having committed them;

Searching for persons hiding from the bodies of inquiry, investigation and court, evading criminal punishment, as well as searching for missing persons;

Obtaining information about events or actions (inaction) that pose a threat to the state, military, economic or environmental safety Russian Federation;

Establishment of property subject to confiscation.

When carrying out operational-search activities, the following operational-search activities are carried out:

2. Making inquiries.

3. Collection of samples for comparative research.

4. Test purchase.

5. Research of objects and documents.

6. Observation.

7. Personal identification.

8. Inspection of premises, buildings, structures, terrain and vehicles.

9. Control of postal items, telegraph and other messages.

10. Wiretapping of telephone conversations.

11. Removing information from technical communication channels.

12. Prompt implementation.

13. Controlled delivery.

14. Operational experiment.

The above list of operational-search measures can be changed or supplemented only by federal law.

The grounds for carrying out operational-search measures are:

1. Existence of an initiated criminal case.

2. The information about:

1) signs of a prepared, committed or committed unlawful act, as well as about the persons preparing it, committing or having committed it, if there is no sufficient data to resolve the issue of initiating a criminal case;

2) events or actions (inaction) that pose a threat to the state, military, economic or environmental security of the Russian Federation;

3) persons hiding from the bodies of inquiry, investigation and court or evading criminal punishment;

4) persons missing, and about the discovery of unidentified corpses.

3. Instructions of the investigator, the head of the investigative body, the body of inquiry or the ruling of the court in criminal cases and the materials of verification of reports of a crime that are in their production.

4. Inquiries from other bodies carrying out operational-search activities, on the grounds specified in this article.

5. Resolution on the application of security measures in relation to protected persons, carried out by authorized state bodies in the manner prescribed by the legislation of the Russian Federation.

6. Requests from international law enforcement organizations and law enforcement agencies foreign states in accordance with international treaties of the Russian Federation.

Bodies carrying out operational-search activities:

1. Bodies of internal affairs of the Russian Federation.

2. Organs of the federal security service.

4. Federal bodies of state protection.

6. Customs authorities of the Russian Federation.

7. Foreign Intelligence Service of the Russian Federation.

8. Federal Service for the Execution of Sentences.

9. Bodies for control over the circulation of narcotic drugs and psychotropic substances.

Operational-search activity is based on the constitutional principles of legality, respect and observance of human and civil rights and freedoms, as well as on the principles of conspiracy, a combination of overt and covert methods and means.

Bodies (officials) carrying out operational-search activities, when carrying out operational-search activities, must ensure the observance of human and civil rights to privacy, personal and family secrets, home inviolability and correspondence.

It is not allowed to carry out operational-search activities to achieve goals and solve problems not provided for by this Federal Law.

A person who believes that the actions of the bodies carrying out operational-search activities have led to a violation of his rights and freedoms has the right to appeal these actions to a higher body carrying out operational-search activities, the prosecutor or a court.

The concept and signs of state law enforcement. Directions and functions of law enforcement.

Law enforcement is a set of state legal means, methods and guarantees that provide protection public relations from unlawful encroachments.

Signs of law enforcement:

• This refers to the protection of rights, which can be exercised not in any way, but only through the use of legal measures of influence. It is customary to refer to the latter as measures of state coercion and punishment regulated by law.
• Used in its implementation legal measures the impacts must strictly comply with the requirements of the law.
• It is implemented in the manner prescribed by law, that is, in compliance with certain procedures.
• Its implementation is primarily entrusted to specially authorized state bodies.

Directions (functions) of law enforcement:

• constitutional review;
• justice;
• organizational support for the activities of courts;
• prosecutor supervision;
• provision of legal assistance;
• execution of court decisions.

All directions are interconnected and complement each other.

About justice and constitutional review can be spoken of as the core of such functions, the central link of their system as a whole.

2. Normative acts governing the activities of law enforcement.

Applied to legal regulation organization of law enforcement and we can talk about the presence of a certain system of legal acts.

The entire amount of legal acts, depending on their content, can be divided into the following groups of acts:

1. General acts: the Constitution of the Russian Federation, the law on security, the Universal Declaration of Human Rights, etc.
2. Acts on the Judiciary, Justice and Courts: Law on judicial system, law on the status of judges, etc.
3. Acts on the organizational support of the activities of courts and bodies carrying it out.
4. Prosecutor's supervision acts and prosecution bodies.
5. Acts on the organization of detection and investigation of crimes.
6. Legal aid organization acts.

3. The concept and features of the judiciary. Forms of the implementation of the judiciary. Principles of justice and their system.

Chapter 7 of the Constitution of the Russian Federation is devoted to the judiciary. The judiciary as a special type of state power belongs exclusively to special bodies of the state - courts, represented by judges and representatives of the people involved in the administration of justice in cases established by law.

The transfer of the functions of justice to other bodies and officials is unacceptable. It is carried out through constitutional, civil, administrative and criminal proceedings.

• independence of the judiciary means that the court does not share the judicial functions with any other bodies, and the decisions of the court do not require anyone's sanctions or approvals;
• the isolation of the judiciary means that the courts form a system of state bodies that is not part of any other state structure, not subordinate to anyone in the performance of their functions, acting in their specific area;
• the subordination of the judiciary means that the jurisdiction of the courts, their powers are determined by the Constitution of the Russian Federation and federal legislation.

Justice - administered in procedural order activities of courts for direct consideration in court hearings civil, criminal, administrative and arbitration cases, their legal and fair resolution.

Principles of Justice:

1. The principle of legality.
2. The principle of justice.
3. The principle of administering justice only by the court.
4. The principle of the independence of judges.
5. The principle of equality of all before the law and court.
6. The principle of ensuring everyone the right to go to court.
7. The principle of ensuring the right of the suspect and the accused to defense.
8. The principle of the national language of legal proceedings.
9. The principle of adversarial proceedings and equality of the parties.
10. The principle of openness of the court session.
11. Principle of the presumption of innocence.
12. Prince of observance of human and civil rights and freedoms.
13. The principle of binding judgment.

4. Composition and structure of regional and equivalent courts.

Courts of the constituent entities of the Russian Federation occupy in the system federal courts general jurisdiction provision of mid-level courts. They are directly superior to district courts and inferior in relation to the Supreme Court of the Russian Federation.

They consider cases as courts of the first instance, appeal and supervisory instance. As a court of first instance, these courts consider criminal cases (mostly grave and especially grave), as well as lower courts cases, the materials of which contain information containing state secrets.

The staffing of vessels of this level is determined based on the volume and nature judicial work, the size of the territory of the subjects, the number of the living population, its national composition and employment, etc.

Art. 30 and 42 of the Law on the Judiciary establish that mid-level courts operate in the composition of:

• the presidium of the court;
• judicial board for civil cases;
• judicial board for criminal cases.

In addition, there is a court apparatus that performs organizational and support functions.

Each of the judicial collegium is headed by its chairman, who, as a rule, is also the deputy chairman of the court. The collegiums consider cases in the 1st instance, in appeal, and sometimes newly discovered circumstances.

Consideration of criminal and civil cases in the 1st instance in the judicial collegiums can be carried out by a single judge. Certain categories of civil, criminal cases - if there are motions from the accused - can be considered by collegia consisting of 3 professional judges. A jury court may be formed for the examination of criminal cases.

When considering cases on appeal, the panel of judges operates with a presiding judge and 2 members of the court.

The distribution of the members of the court among the collegia is made by the presidium of the court.

In courts with a significant volume of work and a sufficient number of judges, each collegium is subdivided into judicial panels. The judiciary receives cases from certain regions of the republic, territory, region, district.

Within the composition, each member of the court is assigned to specific areas.

The presidium of the court consists of a chairman this court, his deputy and the most experienced and qualified members of the court in the number determined by the President of the Russian Federation. The personal composition of the Presidium is approved by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation.

Meetings of the Presidium are held at least 2 times a month. They are eligible if there is a majority of members.

5. Military courts of the Russian Federation.

Military courts are created by territorial principle at the place of deployment of troops and fleets and carry out judiciary in troops, bodies and formations where military service is provided for by federal legislation.

Military courts belong to the system of federal courts of general jurisdiction. All judges, along with legal education, have a higher military education and are military personnel with officer ranks.

In accordance with Art. 7 FKZ "On military courts of the Russian Federation" military courts have jurisdiction: cases of crimes of which military personnel are accused, citizens dismissed from military service who have passed military training, provided that the crimes were committed by them during their military service, military training.

The military court system consists of 3 links:

1. The main link is formed by the garrison military courts, they consider civil, administrative and criminal cases at the 1st instance. Not attributed to the jurisdiction of the Military Collegium or the district (naval) military court. Garrison military courts do not review court decisions on appeal due to the fact that the creation of peace justice in the armed forces is not envisaged. Courts at this level are composed of a president and several judges.
2. The middle tier is formed by the district military courts. They are entrusted with the performance of the functions of all courts... The military court is composed of presidents, their deputies and judges. A presidium is formed in it, and also judicial boards and / or judicial panels. The highest authority in relation to military courts is the Supreme Court of the Russian Federation, which includes a military collegium. She is empowered to perform the functions of all courts.
3. As a court of the first instance, the Military Collegium considers criminal cases of crimes of which a judge of a military court is accused, if a corresponding petition is made to them.

6. Requirements for candidates for the position of judge of courts of various levels.

The judges are persons empowered to constitutional order the powers of administering justice and performing their duties on a professional basis.

In accordance with the law "On the status of judges in the Russian Federation", a judge is obliged to strictly observe the Constitution of the Russian Federation and other laws.

The judge does not have the right to be a deputy, belong to political party and movements, exercise entrepreneurial activity, as well as combine work with other paid work.

The judges are provided with material and social welfare at the expense of the state. Wage a judge may not be reduced during his entire term of office.

A universal requirement for candidates for judges of all courts is the requirement for citizenship of the Russian Federation and the presence of a higher legal education.

To be appointed to the position of a judge of a district and equal to them links, it is required that the candidate has reached the age of 25 years, in mid-level courts - 30 years, in the Supreme Court of the Russian Federation - 35 years, in constitutional Court RF - 40 years. Age limit not formally limited.

A candidate for a judge of a military court, in addition to having an officer rank, must conclude a contract for military service.

Judge candidate higher courts must have at least 10 years of such experience. Candidates for the position of judges of the courts of the constituent entities of the Russian Federation - at least 7 years, in all other courts - at least 5 years.

The selection of candidates for the position of a judge is carried out on a competitive basis.

At the same time, any citizen of the Russian Federation who has reached the established age, has a higher legal education, does not have any diseases that prevent appointment to the position of a judge, has the right to pass a qualification exam for the position of a judge by applying to the appropriate examination committee with an application.

The empowerment of candidates as judges is regulated by Art. 128 of the Constitution of the Russian Federation.

Judges of the Supreme Court of the Russian Federation are appointed by the Federation Council of the Russian Federation on the proposal of the President of the Russian Federation, which is submitted taking into account the opinion of the Chairman of the Supreme Court of the Russian Federation.

Judges of federal courts of general jurisdiction and commercial courts are appointed by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation.

Judges of military courts are appointed by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation.

The appointment of candidates for the positions of judges is carried out only if there is a positive conclusion of the relevant qualification board judges.

Justices of the peace, as well as judges, chairmen and deputy chairmen of constitutional (charter) courts of constituent entities are appointed (elected) to office in the manner prescribed by the laws of a constituent entity of the Russian Federation.

The judge is irreplaceable. He cannot be transferred to another position or to another court without his consent.

7. Areas of activity of the prosecutor's office.

Under prosecutorial supervision understand the activities carried out on behalf of the state by the specially authorized official- the prosecutor - to ensure compliance with the Constitution of the Russian Federation and the implementation of laws in force on the territory of the Russian Federation, federal ministries and other federal executive bodies, the legislature and executive bodies state authorities of the constituent entities of the Russian Federation, local government bodies, military administration bodies, control bodies, their officials, as well as commercial and non-profit organizations, as well as the compliance of legal acts issued by these bodies by officials, by identifying and timely elimination of violations of laws, bringing the perpetrators to justice.

The directions of activity of the prosecutor's office have their own characteristics:

• supervision over the observance of the Constitution of the Russian Federation, the execution of laws and compliance with the laws of the issued legal acts;
• supervision over the observance of human and civil rights and freedoms;
• supervision over the execution of laws by bodies carrying out operational-search activities, inquiry and preliminary investigation;
• supervision over the implementation of laws by the administrations of bodies and institutions executing punishment and applying court-ordered measures compulsory, administrations of places of detention and detention;
• an independent direction in the activities of prosecutors is their participation in the consideration of cases by courts.

8. The system of prosecutors in the Russian Federation, principles of organization and activity.

The system of prosecutors is composed of:

General Prosecutor's Office of the Russian Federation. The prosecution bodies are united, central system with strict subordination of lower-level prosecutors to higher-level ones. The Prosecutor General's Office is headed by the Prosecutor General.

In addition to the Prosecutor General, he heads the prosecutors of the constituent entities of the Russian Federation, district and city prosecutor's offices. V large cities Prosecutor's offices of cities are created, which are subordinate to the prosecutor of the constituent entity of the Russian Federation, and themselves, in turn, have subordinate district prosecutor's offices.

The system of the prosecutor's office includes military prosecutor's offices, prosecutor's offices for overseeing the implementation of laws in correctional facilities, transport and environmental prosecutors.

The Investigative Committee under the Prosecutor's Office of the Russian Federation is included in the system of the Prosecutor's Office.

• Prosecutor's offices of republics, territories, etc. of the subjects of the Russian Federation, military and other specialized prosecutor's offices equated to them. The prosecutor's offices of the constituent entities of the Russian Federation are headed, respectively, by prosecutors who have first deputies and deputies appointed by the Prosecutor General. In their composition, directorates and departments, heads and deputies are formed, who are appointed and dismissed by the prosecutors who head these prosecutor's offices.
• Prosecutor's offices of cities and regions and other territorial military and other specialized prosecutor's offices are headed by the respective prosecutors.

In accordance with Art. 4 of the Law on the Prosecutor's Office, the principles of organization and activity include:

• The principle of unity: all territorial and specialized prosecutors are unified system... In accordance with this principle, prosecutors at all levels have uniform powers and means of their implementation in the form of acts. prosecutorial response like protests, representations, decisions, warnings.
• The principle of centralization: lower-level prosecutors are subordinate to higher-level prosecutors and the Attorney General. A superior prosecutor has the right to issue orders and instructions that are binding on lower-level prosecutors, to assume the performance of their duties.
• The principle of independence: the bodies of the prosecutor's office exercise their powers independently of the federal bodies of state power, bodies of local self-government, and public associations.
• Principle of legality: main principle, the prosecution authorities carry out their functions in strict accordance with the laws in force.
• The principle of publicity: the availability of citizens about the activities of bodies. Through this principle, citizens exercise control over the activities of bodies.

9. The Prosecutor General of the Russian Federation, his powers and the procedure for appointment to office.

The appointment to the position of the Prosecutor General of the Russian Federation has 3 stages:

1. Presentation of a candidate to the President of the Russian Federation.
2. Discussion of the candidacy in the committee of the Federation Council of the Russian Federation on constitutional legislation and judicial and legal issues.
3. Appointment by the Federation Council of the Russian Federation.

The total duration of the decision period on the appointment of the Prosecutor General to the office of the Prosecutor General (i.e., the duration of the last 2 stages) is 30 days. The beginning of the term is the day after the receipt of the submission by the President of the Russian Federation. The candidacy is discussed in the committee on constitutional legislation and judicial and legal issues. The results of the discussion are presented in the conclusion.

The third stage begins from the moment a candidate is presented at a meeting of the Federation Council of the Russian Federation. First, the President of the Russian Federation or his official representative in the Federation Council of the Russian Federation speaks. Then the chairman of the committee speaks. In conclusion, the candidate for the position of Attorney General speaks. During their speech, members of the Federation Council have the right to ask them questions.

The term of office is 5 years. The Attorney General has counselors, senior aides and senior roving assistants, aides and roving aides.

10. Prosecutor's office of the district (city): structure and composition. The procedure for appointing a district (city) prosecutor.

The lower level of the system of prosecutors is the prosecutor's office of cities and regions.

Prosecutors are appointed and dismissed by the Prosecutor General of the Russian Federation. Prosecutors' offices of cities and districts are headed by the respective prosecutors. The positions of the first deputy, deputies, senior assistants and assistant prosecutors, senior criminal prosecutors, criminal prosecutors appointed and dismissed by the prosecutors of the constituent entity of the Russian Federation are established in these prosecutor's offices.

By decision of the Prosecutor General of the Russian Federation, departments may be formed in the prosecutor's offices of cities and districts.

For the position of the city prosecutor. The district appoints persons who are at least 25 years old and who have worked as a prosecutor or investigator for at least 3 years.

11. Prosecutor's offices of the constituent entities of the Russian Federation: structure and composition. The procedure for appointing a prosecutor of a constituent entity of the Russian Federation and his powers.

The intermediate link is the prosecutor's office of the constituent entities of the Russian Federation.

The prosecutor's offices of the constituent entities are headed by the corresponding prosecutors, who have a first deputy, deputies appointed by the Prosecutor General of the Russian Federation. In the prosecutor's offices of the subjects, commissions are formed consisting of the prosecutor of the subject and other prosecutors appointed to the position by the prosecutor of the subject. Administrations and departments are formed in the prosecutor's offices.

The heads of departments and departments, as departments, are senior assistants, and their deputies and heads of departments as part of departments are assistants to the prosecutor of the constituent entities.

Subject prosecutors may have special assignment assistants appointed and dismissed by them.

Prosecutors of the subject supervise the activities of the prosecutor's offices of cities and districts, issue orders, instructions, instructions that are binding on all subordinate employees, can make changes to staffing tables their apparatuses and subordinate prosecutor's offices within the limits of the number and the wage fund established by the Prosecutor General of the Russian Federation.

12. Types of specialized prosecutor's offices and their system.

In accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation", the system of prosecutorial bodies includes military and other specialized prosecutor's offices, equated in terms of the scope of powers to the prosecutor's offices of the constituent entities.

The list of specialized prosecutor's offices is not provided.

Specialized prosecutor's offices include:

1. Military Prosecutor's Offices: they are part of the system of prosecutorial bodies, only in their upper part they are included in the structure of the General Prosecutor's Office of the Russian Federation, in which the main military prosecutor's office operates, headed by the Deputy Prosecutor General of the Russian Federation - the chief military prosecutor.

The military prosecutor's office includes the prosecutor's offices of military districts, fleets, the prosecutor's office of strategic missile forces, the prosecutor's office of the border service and other military prosecutor's offices, equated to the prosecutor's offices of the subjects, as well as the prosecutor's offices of garrisons, associations and formations, equated to the prosecutor's offices of cities and districts.

1. Transport prosecutor's offices.
2. Nature protection prosecutor's offices.
3. The Prosecutor's Office for Supervision of Law Compliance in Correctional Institutions.
4. Prosecutor's office for supervision over the execution of laws at special security facilities.

The system of specialized prosecutors is established by the Prosecutor General of the Russian Federation. Each specialized prosecutor's office is subordinate either to a higher specialized prosecutor's office, or to the prosecutor's office of the subject, or directly to the General Prosecutor's Office of the Russian Federation.

13. Acts of the prosecutor's response.

Acts of the prosecutor's response are the means provided for by the law on the prosecutor's office for exercising the powers of the prosecutor to eliminate and prevent offenses.

1. Protest: the prosecutor or his deputy brings a protest against the contrary to the law legal act to the body or official who issued this act, or to a higher body or higher official, or goes to court.

The protest is subject to compulsory consideration no later than 10 days from the moment of its receipt, and in the case of bringing a protest to the decision representative body subject of the Russian Federation or local government - at the next meeting.

The results of the examination are immediately reported to the prosecutor in writing. The protest may be withdrawn by the person who applied it before it is considered.

1. The prosecutor's submission to eliminate violations of the law is submitted by the prosecutor or his deputy to the body or official who are authorized to eliminate the violations committed and is subject to immediate consideration.

Within a month from the date of introduction, specific measures must be taken to eliminate the violations of the law, their causes and conditions that contribute to them, the measures taken must be reported in writing.

In the event of a discrepancy between the resolutions of the Government of the Russian Federation, the Constitution of the Russian Federation and the laws of the Russian Federation, the Prosecutor General of the Russian Federation informs the President of the Russian Federation.

1. Taking into account the nature of the violation of the law by the official, the prosecutor issues a reasoned decision to initiate a criminal case or proceedings on administrative offense... The decision of the prosecutor to initiate proceedings on an administrative offense is subject to consideration by an authorized body or official within the time period established by law. Results are communicated in writing.
2. In order to prevent offenses and in the presence of information about the upcoming illegal acts the prosecutor or his deputy shall send a written warning to officials about the inadmissibility of violations of the law. In case of non-fulfillment of the requirements set forth in the said warning, the official to whom it was announced may be held liable.

14. General characteristics of the bodies of preliminary investigation. Differences between the bodies of inquiry and preliminary investigation.

Preliminary investigation is the activity of specially authorized state bodies and officials regulated by the Code of Criminal Procedure of the Russian Federation, aimed at preventing, suppressing and solving crimes, finding the persons who committed them, collecting evidence to establish circumstances that are important for a criminal case, and creating other conditions for consideration cases in court on the merits.

The preliminary investigation begins after the initiation of a criminal case. It, by general rule, is mandatory for criminal cases and precedes their referral to the court for consideration on the merits. It is carried out on the basis of the Criminal Procedure Code of the Russian Federation.

Forms preliminary investigation:

• preliminary investigation;
• inquiry.

As a general rule, the investigation is carried out in the form preliminary investigation... However, in criminal cases of crimes, small and moderate specified in Art. 150 of the Code of Criminal Procedure of the Russian Federation, the investigation can be carried out in the form of an inquiry.

Inquiry is carried out by the same methods as the preliminary investigation, the same measures of procedural compulsion.

However, the inquiry and preliminary investigation are different:

• According to the bodies carrying them out: the preliminary investigation is carried out by the investigator, and the inquiry is carried out by the inquiry officer.
• By terms: the period of the preliminary investigation is 2 months, the period of inquiry is 30 days. The term can be extended in accordance with the Code of Criminal Procedure of the Russian Federation.
• The investigator has a slightly greater degree of independence than the interrogating officer.
• Upon completion of the preliminary investigation, the investigator shall issue closing indictment and, with the consent of the head of the investigating authority, sends it to the prosecutor for approval. Based on the results of the inquiry, the interrogator draws up an indictment, which is subject to approval by the head of the inquiry body and the prosecutor.

The bodies of the preliminary investigation are investigators of the Investigative Committee of the Russian Federation, investigators of the Department of Internal Affairs, investigators of the Federal Security Service, investigators of the bodies for control over drug trafficking.

The bodies of inquiry are:

• OVD and territorial police departments that are part of them;
• other bodies executive power endowed in accordance with federal legislation with the authority to carry out operational-search activities;
• organs federal service bailiffs;
• commanders of military units;
• bodies of state fire supervision of the federal fire service.

V law enforcement system RF there are 12 bodies.

All of them can be conditionally divided into three types:

• investigating offenses and carrying out punishment;
• providing legal assistance;
• ensuring order, safety.

State law enforcement agencies are required to act on the basis of the law. But sometimes their work goes beyond the legal regulation. This may be due to a misinterpretation constitutional rights or other factors. In this case, individuals and legal entities can challenge the decision, the actions of law enforcement agencies.

Disputes with the prosecutor's office

You can turn to the prosecutor's office for help in any matter of violation of rights and freedoms. Greater importance and empowerment of employees leads to abuse of position.

Disputes with the prosecutor's office are a serious matter. Complaints about queues, lack of forms or other minor issues are not accepted.

The reason for filing a complaint is:

• groundless refusal to accept the application;
• refusal for a reason not specified in legislative acts;
• groundless refusal to conduct an inspection;
• inaction;
• procrastination of consideration without need and explanation;
• violation by employees of the applicant's rights;
• insulting a citizen by an employee.

Complaint against law enforcement

The complaint against a specific person and against the law enforcement bodies of the executive power as a whole in the person of the prosecutor's office is different. In the first case, the letter is submitted to the same department where the employee works.

The application process is as follows:

• an application is sent in accordance with the specified form;
• the document is submitted to the person responsible for the reception of the office. If there is no way to establish contact with him, then the senior in rank relative to the offender;
• a receipt of acceptance is taken from the person who accepted the document. It indicates the date of filing, the name of the recipient and his signature;
• a month is allocated for consideration.

The letter itself is divided into three parts:

• header - it contains the full name of the head of the unit, the address of the prosecutor's office and the applicant's contacts;
• information block - it describes the violation, provides articles in accordance with which the rights are violated, lists the specific requirements of the applicant;
• at the end, a list of applications is listed - the signature and date of compilation must be affixed.

If the complaint to the boss did not help, you should contact higher authorities... When appealing, the hierarchy is observed with the attachment to the statement of reporting in the form of previous statements, receipts of acceptance and responses. If the local law enforcement agencies have not responded, the application is sent to The General Prosecutor's Office RF or judicial authority.

Litigate with government bodies quite difficult due to their awareness of all the intricacies of the process. A citizen who is not knowledgeable in legislative matters may be subject to a counterclaim for defamation. Therefore, many retreat, trying not to contradict the employees, which leads to the spread of arbitrariness.

Lawyers of the Company " Legal decision»More than once defended the rights of citizens and organizations in litigation with law enforcement agencies.

Thorough knowledge of the legislation gives us a clear advantage even in dealing with complaints against the prosecutor's office. We ourselves are collecting evidence in favor of the guilt of an official, a unit. We win disputes with law enforcement agencies in court with compensation to the client of all costs on behalf of the culprit.

We are waiting for your call to resolve the conflict situation.