Morals, politics and law enforcement. Internal functions are the main directions of the state’s activities in managing the internal life of the country. Questions for control

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, Penza State University, Honored Lawyer of the Russian Federation. Problems of functioning of the law enforcement system of the Russian Federation are studied; conclusions are drawn that it is in a state of deep crisis...

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Magazine pages: 3-8

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, Penza State University, Honored Lawyer of the Russian Federation

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

Keywords: law enforcement agencies, law enforcement system, law enforcement, 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 “cleansing operations” in Blagoveshchensk, the murder of a teenager in Tyva and a journalist in Tomsk, the shooting of civilians by Major Evsyukov in Moscow, an unprecedented special operation to create a “human shield” of private cars on the Moscow Ring Road, the detention of an entire company of traffic police officers in Astrakhan for extortion, the falsification of criminal and administrative cases against innocent citizens of many regions of the country), gave rise to serious doubts in the Russian public consciousness about the ability of these bodies to fulfill the human rights function of the state.

In addition, in central facilities mass media Publications appeared with conclusions not only about the alienation of the police from society, but about their direct confrontation. A legal paradox has emerged, the main contradiction of our time: employees of these services “see their task as “protecting” themselves, or, in extreme cases, their corporate interests, and not citizens.” There are calls, including from State Duma deputies, for the abolition of the Ministry of Internal Affairs, the creation of people's squads “to protect the population from the police,” and the Minister of Internal Affairs “authorized defense against the police.”

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

According to many expert estimates, the country's entire law enforcement system is in a state of deep and systemic crisis. In 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. There has been a professional and moral deformation of many representatives of the relevant structures. There was an obvious conflict between their personal and public interests. Public trust in the entire law enforcement department seems to have been undermined. Thus, according to sociological research by the analytical center of Y. 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, and the deputy corps are assessed by people extremely negatively and enjoy preferential treatment.” mistrust."

Therefore, it is not at all by chance that on February 18, 2010, the President of the Russian Federation issued Decree No. 208 “On some measures to reform the Ministry of Internal Affairs.” Essentially, in this legal act we're talking about about the beginning of transformations of one of the most important areas of government activity. A little earlier, in 2007, structural changes were carried out in the Prosecutor's Office of the Russian Federation, under which the investigative committee (the federal law dated 06/05/2007 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 reform of the judicial system (order of the President of the Russian Federation dated 05.20.2008 No. 279-rp “On education working group on issues of 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 will most likely be answered in the affirmative. Or rather, this will to some extent contribute to changing the current situation.

At the same time, it is not difficult to assume that the modernization of government areas specified in these legal acts will not in itself 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 decisions made, as can be seen from their content, have a strictly substantive, relatively speaking, departmental character. The range and scope of reform measures are somewhat targeted and limited. It does not affect the entire law enforcement system and is isolated from many other law enforcement issues.

In our opinion, one of the important and indispensable conditions for overcoming such large-scale and profound social and legal phenomena is the conceptual approach. Therefore, appropriate efforts are required, systematic and consistent work on the formation and implementation of doctrinal foundations in the field of protection of law and legal values. In other words, we need a state law enforcement policy. 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 legal policy that is well thought out, officially adopted and actively implemented in society. In other words, law enforcement policy is one of the components of a more capacious and broader concept, which is legal policy in general.

Let us note that, in contrast to legal policy in general, which has recently attracted the attention of many scientists, the problems of law enforcement policy have not been properly studied until recently. Therefore, today there is poor elaboration and debatability of many conceptual foundations of this legal phenomenon. Thus, 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 activities, the scope and subjects of its implementation, etc. There is also no general scientific approach to the content of legal the term “protection”, its relationship with related legal categories “protection”, “ensuring”, “realization of individual rights and freedoms”. Moreover, we do not have established scientific ideas about law enforcement policy, its content, and priority areas for implementation. In the meantime, there are debates between representatives of science and practicing lawyers, the criminal situation has become a real factor threatening national security Russia. The rights and freedoms of our fellow citizens, as already noted, are significantly and systematically violated in many other areas public relations.

The above once again emphasizes the importance of the development and implementation of official law enforcement policy and its concept, which 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 set of theoretical ideas, but also a kind of program of specific actions. And as the practice of social management in recent years shows, it is the program-target method that allows one to effectively solve the assigned tasks and achieve the intended goals.

As is known, depending on the functions of law, legal policy can be divided into legal regulatory and law enforcement. If the first is designed to facilitate the implementation of the regulatory function of law, to create 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 to more effectively fulfill the protective function of law. Law enforcement policy unites all existing law enforcement entities 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. The role of law enforcement policy is to debug and fully restore the protective function of law, to make law more protected from the challenges and threats of our time.

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

Law enforcement policy has very specific content, goals, objectives, functions, and 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 to achieve common law enforcement objectives: law-making, law enforcement, judicial-legal, criminal-legal, procedural-legal, financial-legal.

In practical terms, this policy represents the diverse activities of many entities 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) formation of their personnel;

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

6) development and implementation of preventive measures;

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

At the conceptual level, in our opinion, the issue of the subjects of law enforcement policy and related activities requires detailed study. And if countless legal and individuals, including citizens, then not many people actually have the right to perform law enforcement functions.

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

In modern legal theory, state and non-state law enforcement activities are distinguished. The latter is carried out by many social entities that perform the functions of protecting individual rights and freedoms, 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. focuses attention. Lukashev, a necessary condition for ensuring human rights is the improvement of the activities of the state and its bodies.

In legal science, there has been a conditional division of state bodies into two large groups: firstly, these are bodies for which ensuring human rights is important, but not the main activity, and secondly, bodies that carry out law enforcement activities as their main activity. The bodies included in the second group are considered specialized and are called law enforcement agencies. They became the central link of the law enforcement system.

The legislation does not have definitive norms that define the concept of “law enforcement agencies”, so it is developed through legal doctrine. In science, these 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 special discussion. At first glance, in this formulation this question does not present any difficulties. The court as a public authority, due to the functions it performs in law enforcement, legal interpretation and law-making, undoubtedly shapes the judicial, law enforcement and legal policy of the state in general. However, the problem is that for a long time in legal science the status of the court as a subject of law enforcement activities has remained 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 part of their system.

However, one can hardly agree with this point of view. In our opinion, the term “law enforcement agencies” is a collective term, and the court also belongs to such bodies precisely in the meaning 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 certain 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 the law, legality and order, i.e. law enforcement agencies. Here, apparently, it is appropriate to recall the words of the prominent 19th century legal scholar N.M. Korkunova: the job of the judiciary is to “protect existing law.”

The main argument of opponents who claim that the court does not protect, but defends already violated rights, and therefore does not perform law enforcement functions, from our point of view, cannot in any way shake the status of the court as a subject of law enforcement activities. In our opinion, the concept of “protection” is an integral part of broader terms, such as “protection” and “ensuring” human rights and freedoms. Moreover, the court in modern conditions not only restores violated or disputed individual rights, but also carries out a preventive, educational and even in certain cases, a function seemingly unusual for our legal system - law-making. In any case, the recently adopted ruling of the Constitutional Court of the Russian Federation dated 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 verifying 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 enacting the Law of the Russian Federation “On introducing amendments and additions to the Law of the RSFSR “On the Judicial System of the RSFSR”, Criminal Procedure Code RSFSR, Criminal Code of the RSFSR and Code of the RSFSR on administrative offenses""", which he instead legislature The country has essentially abolished this type of criminal punishment such as the death penalty, leaving no doubt about it. And in fact, case law is being formed in modern Russia.

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

Therefore, the problems of implementing 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, it is necessary to 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 completed if the decision taken by the court is not actually implemented.

In our opinion, state institutions that are new to modern Russia should become active subjects of law enforcement activities. Such, for example, as the Commissioner for Human Rights, the Federal Financial Monitoring Service, legal bureaus created within 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 legal profession.

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

Of course, this should be the improvement of the organizational and legal framework for controlling and combating crime, and above all with the most dangerous forms of its manifestation: organized crime, including criminal communities, corruption and embezzlement, illicit 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 activities and especially special services, the elimination of their redundant and duplicative functions. Recently, the President of the Russian Federation laid the blame for failures in the Ministry of Internal Affairs and supervisory authorities on the boards of the Prosecutor General's Office. Apparently, the function of coordinating law enforcement agencies performed by the Russian Prosecutor's Office is not entirely working. And additional measures are required at the level of state policy to overcome the disunity of various departments, strengthen their interaction, and combine 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 problem of improving the criteria for assessing the law enforcement system has been actively discussed in society. It seems that here we need to move away from a formal quantitative approach, and indicators of the effectiveness of law enforcement activities should be focused not on departmental, but on national, public interests.

Serious adjustments should be made to personnel policies. On this basis, develop and adopt a federal law “On Law Enforcement Service in the Russian Federation.” After all, it’s no secret that the negative phenomena noted among employees in this field of activity did not arise today, but have their roots in the 90s of the last century, when professionals left these bodies for certain reasons, were completely destroyed and have not yet been restored the basics of staffing the relevant structures, and especially in the Ministry of Internal Affairs. As the former head of the Moscow City Internal Affairs Directorate, V. Pronin, recently noted, “over the past many years, we have not carried out selection into the system of internal affairs bodies, but recruitment.” It seems that now we should fight not with the consequences of the problems that have arisen, but with the causes. Therefore, real and effective selection measures are required, vocational training and retraining of personnel, increasing legal status employees. Their level of material, household and social security must be worthy, correspond to the high responsibility assigned to them, and 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 in them.

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 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 ensuring access to information about the activities of courts in the Russian Federation” came into force. It will, of course, contribute to the greatest 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 agencies.

In conclusion, we note: the law enforcement system of modern Russia plays a leading role in fulfilling the human rights function of the state and establishing harmonious relations between the individual and the authorities. The basis for overcoming the crisis and increasing the efficiency of law enforcement activities can be law enforcement policy, which should be formed through the joint efforts of scientists and practitioners, all those who are interested in the further legal and democratic development of our society.

Bibliography

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

2 See for more details: Gareev M. For the beating of 300 people by riot police, the police authorities received suspended sentences // TVNZ. 2010. March 6; Krasnoperov A. Sobering up // Novaya Gazeta. 2010. January 20; Golovanov D. Ricocheted. The head of the Ministry of Internal Affairs of Tuva lost his post because of his subordinate // Rossiyskaya Gazeta. 2009. Oct 27; Kachkaeva E., Nizamov R. During the announcement of the verdict, Evsyukov hid his eyes from his victims // Komsomolskaya Pravda. 2010. 20 Feb. and etc.

3 On the concept of human rights function, see in more detail: Mirzoev G. Protection of human rights and the role of the state’s law enforcement system in ensuring it // Criminal Law. 2006. No. 3. P. 114.

4 Radzikhovsky L. Can’t it be changed? // Russian newspaper. 2009. Dec 1; Alexandrov G. Can they do anything? // Arguments and Facts. 2010. March 17-23; Ovchinnikov A., Ryabtsev A. Nurgaliev allowed to defend himself from the police // Komsomolskaya Pravda. 2009. 28 Nov.

5 Radzikhovsky L. Decree. slave.

6 See, for example: Raichev D. Mayor suppression. The head of Smolensk, his deputy and a security guard are accused of extorting a bribe // Rossiyskaya Gazeta. 2010. March 1; Yamshanov B. Recipe from the Prosecutor General. Yuri Chaika is tightening control over gambling establishments, salaries and officials // Ibid. 12 Jan; Baturin Yu. Help for orphans and street children // Parliamentary newspaper. 2009. 18 Dec.

7 Gudkov L. The authorities have a year left // Moskovskaya Street. 2009. April 30; Zhuravleva A. My police are not protecting me // Parliamentary newspaper. 2009. Dec 25; Ivanov V. For the truth - to the European Court. Only 17% of Russians trust domestic legal proceedings // Moskovsky Komsomolets. 2008. May 21-28.

8 See: Draft concept of legal policy in the Russian Federation until 2020 / Sub. ed. A.V. Malko. - M., 2008. P. 36.

9 See in more detail: State and trends of crime in the Russian Federation: Criminological and criminal legal reference book / Under. ed. AND I. Sukhareva, S.I. Grinko. - M., 2007; Luneev V.V. Crime of the 20th century: global, regional and Russian trends. - M., 2005; It's him. Trends in modern crime and the fight against it in Russia // State University

gift and right. 2004. No. 1. P. 5-18; It's him. Corruption in Russia // Ibid. 2007. No. 11. P. 20-27.

10 See, for example: Report of the Commissioner for Human Rights in the Russian Federation for 2007 // Rossiyskaya Gazeta. 2008. March 14; Vyzhutovich V. Defense of Lukin // Ibid. 2007. April 4; Nesterova O. For pay to the prosecutor // Ibid. 2009. January 20; Statement of the Commissioner for Human Rights in the Russian Federation // Ibid. 2010. March 9.

11 See: Lukasheva E.A. Improving the activities of the state is a necessary condition for ensuring human rights // State and Law. 2005. No. 5. P. 61-65.

12 See: Kolesnikov E.V., Komkova G.N., Kulusheva M.A. Constitutional law: Textbook. - M., 2008. P. 116.

13 See for more details: Suleymanov B.B. On the issue of methodological aspects of law enforcement policy // Problems of interaction of subjects of law enforcement policy: Sat. Art. based on materials from Vseros. scientific-practical conf. / Under. ed. A.V. Malko, V.A. Terekhina. - Penza, 2008. P. 89-93; Mak-Mak V.P. The concept of “law enforcement agency” (based on the analysis of scientific and educational literature) // Trends and contradictions of development Russian law at the present stage: Sat. Art. V All-Russian scientific-practical conf. - Penza, 2006. pp. 141-144; Gaidov V.B. The law enforcement system of Russia and its place in the state mechanism // Police law. 2005. No. 3. P. 40-42.

14 See, for example: Savitsky V.M. Organization of the judiciary in the Russian Federation: Textbook. allowance. - M., 1996. P. 3-11; Savelyeva T.A. Judicial power in civil proceedings: Textbook. allowance. - Saratov, 1997. P. 11; Vdovenkov V.M. Current issues judicial system in the Russian Federation: Author's abstract. dis. ...cand. legal Sci. - M., 2004. P. 15.

15 Petrukhin I.L. The problem of judicial power in modern Russia // State and law. 2000. No. 7. P. 17.

16 See: Baytin M.I. The essence of law (Modern normative legal understanding on the verge of two centuries). - Saratov, 2001. P. 295.

17 Korkunov N.M. Lectures on the general theory of law. - St. Petersburg, 2003. P. 325.

19 See: Vyatchanin N. The pursuit of interest is canceled // Parliamentary newspaper. 2005. November 25; Lavrov A. The Ministry of Internal Affairs is going to abolish the “stick system” // Komsomolskaya Pravda. 2009. November 27; Demchenko V. On paper, we are all magicians. Rashid Nurgaliev abolishes the stick system in the Ministry of Internal Affairs // Izvestia. 2010. 22 Jan.

20 Pronin V. “As a police chief, these personnel sometimes made me want to howl” // Komsomolskaya Pravda. 2010. 6 Feb.

181Substantiality, features and mechanisms for implementing state law enforcement policy

182Law enforcement, human rights, judicial bodies and their role in the implementation of state law enforcement policy (state policy in the field of policing)

181 Essence, features and mechanisms for implementing state law enforcement policy

According to. The Constitution of Ukraine, a person, his life, health, honor, dignity are recognized as the highest value. Such declaration determines the content and direction of the activities of the state and all its bodies to affirm, ensure and guarantee human rights and freedoms.

For a legal democratic state, recognition and practical implementation of the rights and freedoms of man and citizen, ensuring their protection is one of the priority functions. The law enforcement function is the leading one in the system of internal functions of the state and provides for the guaranteed protection of the rights and freedoms of citizens by establishing an effective legal order, ensuring the rule of law, and protecting national security.

The law enforcement function is implemented through the law enforcement policy of the state, which is a component of state policy

Law enforcement policy is a separate type of activity of the government and other public institutions at the national and local levels, aimed at:

Protection and protection of the constitutional values ​​of the Ukrainian state and society;

Ensuring the principle of the rule of law;

Protection of installed ones. Constitution social order, territorial integrity;

Protection of human rights and freedoms, protection of legal order, restoration of violated rights, detection and investigation of crimes

The essence of law enforcement policy lies in the purposeful activities of power structures and government bodies at various levels aimed at ensuring law and order, as an objective need for solving the development of the state and society, and at preventing and suppressing crimes.

An important direction of state law enforcement policy is the formation of legal security, which is a universally significant value and meets the interests of society and citizens. The category “legal security” occupies a priority place in the system of national values. It is a fundamental principle for constructing the legal system, branches of law and their institutions from the point of view of ensuring the safe functioning and development of social relations. The dominant aspect of the security system is the creation of conditions for the safe existence of the individual, the realization of his rights and freedoms. Consequently, the state must guarantee strict observance of laws, implementation of the principle of legality, security of the individual in society, and ensure an optimal balance between the protection of democratic institutions, common interests and the protection of individual rights and freedoms. Effective dialogue between the state (and society) to create safe living conditions ensures the natural functioning and development of social relations. The state must guarantee such means, methods and forms of activity of law enforcement and judicial bodies that ensure compliance with the rights and interests of the individual’s axis of interest.

State law enforcement policy is also aimed at ensuring public order and public safety, which guarantees the avoidance of certain dangers both for the entire society and for individual citizens. It is important to distinguish between the concepts of “public order” and “public safety.” Public order is a system of relations, a set of established rules, a certain order that has formed in society and meets the interests of the state and all its citizens. Public security is a system of relations that is formed in the process of preventing and eliminating threats to the life, health of citizens, and their property. Public security is a state when citizens are not in any danger, there is no threat of disruption to the normal functioning of state and non-state organizations and non-state organizations.

The legal basis for the implementation of state policy in the field of protecting the rights and freedoms of citizens, the interests of society and the state is. Constitution of Ukraine. Laws of Ukraine: “On the police”, “On operational investigative activities”, “On the security service”, “On access to court decisions”, “On the judicial system of Ukraine”, “On the Constitutional Court of Ukraine”, “On the prosecutor’s office” ","On the High Council of Justice","On the state executive service","On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights","On the state protection of public authorities of Ukraine and officials","On the organizational and legal basis combating organized crime”, “On measures to combat illicit trafficking in narcotic drugs, psychotropic substances and precursors and their abuse”, “On state protection of court employees and law enforcement agencies” Decrees. President of Ukraine "On the National Anti-Corruption Program," "On improving the coordination activities of law enforcement agencies to combat corruption and organized crime," Resolutions and Cabinet. Ministers of Ukraine "On the State Security Service under the Ministry of Internal Affairs", "On the approval of standard provisions on the service for minors", Resolution. to the Cabinet of Ministers of Ukraine "On the State Security Service under. MVS", "About the confirmation of standard provisions regarding service in the right of minors" etc.

The means used by government bodies to ensure the implementation of the rights and freedoms of man and citizen, the formation of legal security, public safety and public order, in their form and content are versatile in nature and depend on the competence of the bodies and the place they occupy in the system executive power. The highest body in the executive branch has broad powers in the sphere of ensuring rights and freedoms and in the formation of security. Cabinet. Ministers of Ukraine. Protection of human rights and freedoms is a priority activity of the government. Its implementation is carried out mainly through the process of management and direct control over the work of ministries, central executive authorities, local state administrations, as well as through the issuance of special resolutions and orders. The government's activities to implement the rights and freedoms of citizens, the formation of legal, civil security, public order should be based on the principles of the rule of law, legality, division in the state, collegiality, scientificity, publicity.

The component of the state law enforcement policy guarantees (guarantee) the implementation of human and civil rights and freedoms, provides conditions, means, methods that ensure the full protection of individual rights and freedoms. Therefore, the specificity of the activities of the executive branch regarding the rights and freedoms of citizens is the guarantee of their implementation. After all, the proclamation of any rights and freedoms of man and citizen, even their consolidation by the relevant legal acts of the state, is worth nothing without real guarantees of implementation and implementation. The concept of guarantee means a set of objective and subjective factors aimed at the practical implementation of rights and freedoms and at eliminating possible obstacles to their proper implementation.

Guarantees of human and civil rights provide for the provision of measures specified in domestic and international legislation. Domestic institutions for the protection of citizens' rights are systems of socio-economic, cultural, political and legal means and conditions that ensure the direct protection of human and civil rights. The system of special legal guarantees, among which administrative and legal guarantees take the leading place, becomes important in the practical implementation of the rights and freedoms of the citizen. Consequently, legal guarantees of individual rights and freedoms, as normative and legal means of ensuring them, are a set of interconnected and interacting normative, legal and institutional and organizational guarantees to ensure the implementation, protection and defense of human and citizen rights and freedoms.

Regulatory and legal guarantees for ensuring the rights and freedoms of citizens are a set of legal norms that determine the scope of the rights, freedoms, and responsibilities of citizens, as well as the means established for their implementation and protection from violations. These are the means established by law and legal norms that protect and the rights of citizens are protected, their violations are stopped and eliminated, and violated rights are restored. Institutional-organizational guarantees for ensuring the rights and freedoms of citizens are the socio-political institutions provided for in regulatory legal acts, which are entrusted with the appropriate functions and powers for organizing and implementing legal support for the implementation, protection and defense of human and civil rights and freedoms. Regulatory-legal and institutional-organizational guarantees for ensuring rights and freedoms are closely related, since regulations regulate in detail the activities of state and public institutions in organizing and implementing activities aimed at ensuring rights and freedoms.

In the institutional and organizational aspect, the leading role in ensuring the rights and freedoms of man and citizen belongs. The President of Ukraine, who, according to Article 102 of the Constitution of Ukraine, is the guarantor of the rights and freedom of man and citizen. Implementation of these powers. The presidency is carried out through the initiation of laws and the issuance of decrees aimed at ensuring the rights and freedoms of man and citizen. Powers of Ch. The state's authority in the sphere of protecting the rights and freedoms of citizens is embodied in the right of veto in relation to those adopted. Supreme. Rada of Ukraine laws, in law. President to repeal the acts. The Cabinet of Ministers, decisions of the heads of local state administrations, some other regulations in the event of violation of individual rights and freedoms in Ukraine.

Authority. The President, as the guarantor of the rights and freedoms of man and citizen, are also implemented through the activities of such bodies as: Secretariat. President;. Commission at. President of Ukraine on issues of drunkenness communities. Office of Pardons; department of letters and reception of citizens at. Secretariat. President. The main goal of these bodies is to strengthen guarantees of respect for the rights of communities.

The institutions that ensure the implementation of civil rights and freedoms and guarantee their protection are institutions. Commissioner. Supreme. Rada for Human Rights. Committee. Supreme. Rada of Ukraine on legal policy issues, law enforcement, human rights bodies, justice bodies. An important human rights function is performed by non-state entities and formations (public human rights organizations; public formations along the Oron region of public order and the state border; human rights movements).

Let us consider in more detail the features of the implementation of law enforcement policy through law enforcement, human rights activities and the administration of justice

Law enforcement activities are aimed at ensuring the principle of the rule of law in society. Law enforcement is an important component of domestic state policy, the general principles of which are determined. Supreme. Rada of Ukraine. Law enforcement activities ensure the effectiveness of the Ukrainian state.

The priority tasks of law enforcement activities are:

Protection of what is installed. the Constitution of Ukraine of the social system of the state;

Protection of the political system;

Protection of the rights and legitimate interests of citizens, enterprises, institutions, organizations, subjects of all forms of ownership;

Countering the emergence of undesirable relationships in society and conflict manifestations

A special place in the system of goals and objectives of law enforcement activities is occupied by the protection of human rights and freedoms, his safety, life, honor, dignity, inviolability

Law enforcement is a state lawful activity, the main goal of which is the protection of rights, the restoration of violated rights

A component of law enforcement activity is special law enforcement activity, the essence of which is the priority implementation of the order of constitutional order, national security, identification, and investigation. Anna, suppression of crimes, execution of punishments. Special law enforcement activities are implemented through the activities of special services and are a tool for the implementation of state leadership in resolving issues of political, economic, information, and financial danger.

Law enforcement activities of the state are carried out through the system of law enforcement agencies. The Law of Ukraine "On State Protection of Court Employees and Law Enforcement Agencies" lists law enforcement agencies. An, which include:

Prosecutor's office;

Internal affairs bodies;

Security authorities;

Military law enforcement agencies c. Armed Forces of Ukraine;

Customs;

State border protection authorities;

Bodies and institutions for the execution of punishments;

State tax authorities;

Bodies of the state control and audit service;

Fisheries authorities;

State forest protection bodies;

Other authorities performing law enforcement or law enforcement functions

The guarantee of human and civil rights and freedoms is characterized by the presence of effective justice - an integral attribute of a democratic state governed by the rule of law. Effective justice is the quintessence of regulation and protective functions of the state. Through justice, citizens can defend their rights. Justice is a state activity that is carried out by the court by considering and deciding civil, criminal, gentlemen. RSK and administrative cases in court hearings in a special procedural form established by law. In the Law of Ukraine MPro Judicial System of Ukraine "it is noted that the main purpose of the court is to ensure the protection of the rights and freedoms of man and citizen guaranteed by the Constitution, the rights and legitimate interests of legal entities, the interests of society and the state. Judicial activity is a type of jurisdictional activity, which is characterized by signs of both order and human rights protection for transport workers.

The main goal of judicial activity is the administration of justice, combining such forms of legal proceedings as constitutional, administrative, economic, civil, and criminal. Courts providing legal protection of constitutional and other legal values. Judicial activity is a universal mechanism for the protection and protection of rights, the restoration of violated rights, the termination of violations of law, the consideration of disputes in court, the mechanism of administrative and legal support for the rights and freedoms of man and citizen primarily covers administrative justice, the activities of administrative courts, as well as the entire judicial system in sphere of protection of the rights and freedoms of citizens. Judicial protection of the rights and freedoms of man and citizen is considered as a type of state protection that must be provided by the state in accordance with Part 2 of Article 55. The Constitution of Ukraine, the right to judicial protection provides for guarantees of effective restoration of rights through the administration of justice.

An important function of a democratic state is to ensure the protection and protection of the rights of citizens through human rights organizations that are independent from government agencies, as well as through individual government bodies, they are characterized by openness and democracy. Human rights activities consist of providing legal assistance to citizens, legal entities, foreigners, and stateless persons. The subjects of human rights activities are: public organizations (for example, human rights organizations, associations for the protection of consumer rights); business structures (private entrepreneurs, legal entities) providing a variety of legal services; government bodies (judicial authorities, BP Commissioner for Human Rights); advocacy; notary office

The focus of the activities of law enforcement, human rights, and judicial bodies is determined by five main tasks:

1) preservation and protection of the existing constitutional system;

2) protection of constitutional rights and freedoms of citizens;

3) protection of legitimate interests of domestic producers;

4) fight against crime;

5) targeted development of the system of judicial and law enforcement activities

Important factors in the effectiveness of judicial, law enforcement and human rights activities, as components of internal state policy, are high level competence and professionalism of the personnel of authorized bodies, as well as the perfection of performance of organizational and managerial functions.

A specific feature of law enforcement activity in modern conditions is its use as a means of management and control over the social sphere, over the development economic activity, over the course of economic processes. There is an expansion of the influence of legal authorities

practices on the functioning of the banking and financial sector, on the activities of various industries National economy(such as the fuel and energy complex, transport), as well as on privatization processes, on the management of enterprises in the authorized capital of which there is a share of public funds. However, it should be pointed out that only the influence of law enforcement agencies on economic, financial, technical decisions made in the process of social management is provided for. Such influence of law enforcement agencies should have a protective effect. By detecting smuggling and stopping the production of low-quality products, law enforcement agencies (authorities and prosecutors' offices, security services, customs authorities, border troops, internal affairs bodies, the legal profession) contribute to solving one of the key problems of the economy - the protection of domestic producers. The hem of the negative commodity exchange relations. This focus of law enforcement activities against undesirable socio-economic phenomena and the suspension of illegal actions is constructive and has a positive impact on political processes.

The effectiveness of state law enforcement policy largely depends on the interaction of law enforcement agencies, combining their efforts to combat crime and to protect the rights and freedoms of citizens. Yes, aka coordination of law enforcement activities is one of the management functions that unites and systematizes the efforts of law enforcement and other state and non-state bodies and institutions to achieve the main tasks of combating crime. The essence of coordination is to combine the efforts of law enforcement agencies in the fight against crime, especially organized crime, in preventing it, in coordinating actions, and complying with the law.

The main forms of coordination of law enforcement activities are:

1) development and implementation of special operations;

2) joint operational meetings;

3) creation of joint investigative and operational groups;

4) exchange of information;

5) general analysis information;

6) joint trips to the regions (districts, regions);

7) implementation and use of unified data banks;

8) holding joint seminars, meetings, conferences;

9) publication of organizational and administrative documents;

10) exchange of experience

Coordination of the management of law enforcement agencies is an integral component of state policy and provides for the formation of specific goals, ensuring conciliatory actions, and determining the content of these tactical operations.

Taking into account the intensification of international terrorism and transnational crime, the leading role in coordinating the actions of law enforcement agencies of any country is played by international agreements. The international cooperation law enforcement is based on. Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime, as well as on the basis of decisions taken at the governmental or interdepartmental level.

The legal basis for organizing interaction is: constitutional requirements regarding the protection of human and civil rights, criminal procedure legislation; sectoral and special (functional) acts of legislation;; decrees, orders. President of Ukraine; resolutions. Governments on issues of combating crime and organizing law enforcement activities; state programs to combat crime, international agreements with the village of Ethan interaction in the field of combating crime; departmental and interdepartmental regulations; acts. General Prosecutor's Office of Ukraine on issues of organizing interacting.

The implementation of state policy in the sphere of protecting the rights and freedoms of citizens, the interests of society and the state from illegal attacks, ensuring public order and public safety belong to the sphere of the era of assignments. President of Ukraine. Cabinet. Ministers of Ukraine. The Ministry of Internal Affairs and its local bodies, local state administrations and local governments. The Ministry of Foreign Affairs is the central executive body, whose powers are defined in Art. Regulations about. Ministry of Internal Affairs. In a broad sense, ensuring public order and peace of mind is the task of both state and non-state organizations.

M.G. ARUTYUNOVA,

Senior Lecturer at the Department of Theory and History of State and Law

Institute of Service, Tourism and Design (branch) of the North Caucasus Federal University in Pyatigorsk

[email protected]

The role and place of law enforcement policy as a type of legal policy are examined and determined. Attention is focused on the need to increase the efficiency of the protective function of law.

Key words: legal policy, law enforcement policy, Concept of law enforcement policy in the Russian Federation, law enforcement activities of the state, subjects of law enforcement policy.

On the subject of actuality of law enforcement policy in Russia Arutjunova M.

Examines and identifies the role and place of law enforcement policies as a form of legal policy. Attention is focused on the need to improve the efficiency of protective functions of law.

Keywords: law enforcement policy, legal policy, the concept of law enforcement policy in the Russian Federation, the law enforcement activity of the state and subjects of the law enforcement policy.

UDC 342.5:342.9

On the issue of the relevance of law enforcement policy in Russia

Among all types of policies of the modern Russian state, as N.V. rightly notes. Isakov, “a variety of it stands out, which is called upon to play a special role in society, since in its essence and nature it is a unique phenomenon that has received scientific literature recognition as legal policy"1.

Logically speaking, one should pay attention to the fact that special hopes are placed on both law and politics precisely during crisis periods in the development of a particular state. When analyzing law, politics, legal policy, law enforcement policy, it is necessary to avoid idealizing these phenomena, but to give them a special status as phenomena that help overcome the crisis at the state and even interstate levels.

As O.Yu. correctly notes. Rybakov, “the topic of legal policy has become popular and quite in demand in the last 15 years. In fact, we are talking about the formation of a new scientific theory designed to explain the essence of legal policy, as well as the patterns of its functioning and mechanisms for improvement. In this sense, it is obvious that we have reached a new level of understanding of this problem.

tics, consideration of legal policy as a multidimensional phenomenon”2.

In science, there is an abundance of definitions of legal policy, which does not allow us to draw an unambiguous conclusion about the legal nature of this phenomenon. In legal theory, they reflect three approaches to understanding the essence of legal policy, which is defined, firstly, as a set of goals, measures, objectives, programs, and guidelines; secondly, as a phenomenon; thirdly, as the activities of various subjects of law3.

V.A. Terekhin wrote in his work in 2008 that “unlike legal policy in general, which has recently attracted the attention of many scientists, the problems of law enforcement policy have not received due attention until recently. Therefore, today there is poor elaboration and debatability of many theoretical foundations this legal phenomenon. Thus, in legal science there is no single point of view on the concept and content of such basic categories as law enforcement agencies, law enforcement system, law enforcement mechanism, law enforcement activities, the scope and subjects of its implementation, etc. There is also no single scientific approach.

1 Isakov N.V. Main priorities of modern Russian legal policy / ed. V.A. Treasurer. - Pyatigorsk, 2003. P. 4.

2 Rybakov O.Yu. Legal policy as a scientific theory in legal research // Law. Legislation. Personality. 2010. No. 2. P. 107-108.

3 See ibid. P. 109.

Fill the gap in this area scientific knowledge called for by the Concept of Law Enforcement Policy in the Russian Federation (hereinafter referred to as the project)2. This work will serve as a starting point for subsequent fundamental scientific research on law enforcement policy as a multifaceted phenomenon.

The authors of the project characterize the current state of the law enforcement system of the Russian Federation, define general principles law enforcement policy, the content of law enforcement policy is revealed, proposals are made to improve legislation on law enforcement activities, priority directions for the development of law enforcement policy in the constituent entities of the Russian Federation are formulated3.

The scientific significance of the definitions of basic concepts given in this work, such as “The concept of law enforcement policy in the Russian Federation”, “law enforcement activity”, “law enforcement service”, “law enforcement agencies”, “law enforcement function”, “law enforcement system”, “law enforcement policy” is undeniable ", "priorities of law enforcement policy", "mechanism for implementing law enforcement policy"4.

We propose to understand law enforcement policy as a set of grounds based on scientific research into the causes of offenses, and actions taken by state and non-state structures to increase the effectiveness of the protective function of law, to improve law enforcement by modernizing the law enforcement system.

The uniqueness of this phenomenon is given by the unifying principles. In our opinion, components law enforcement policies are:

1) policy of legislative (representative) bodies;

2) judicial policy;

3) the policy of the prosecutor's office;

4) the policy of the investigative authorities;

5) politics Federal service security of the Russian Federation;

6) policy of the bodies of the Ministry of Internal Affairs of the Russian Federation;

7) policy of state control services (Accounts Chamber Federal Assembly Russian Federation, Main Control Directorate of the Administration of the President of the Russian Federation, etc.);

8) policy of state tax authorities of the Russian Federation;

9) policy of the State Customs Committee of the Russian Federation;

10) policy of the Main State and Legal Directorate of the Administration of the President of the Russian Federation;

11) advocacy policy;

12) notary policy, etc.

As R.V. correctly notes. Puzikov, “speaking about the current state of law enforcement, one should regretfully admit that at present in Russia there is no law enforcement policy in its pure form, in the sense in which legal scholars understand it, and this is due, among other things, to the lack of a single methodological approach"5.

One of the main tasks of the Russian state is to protect citizens from violence and arbitrariness, and any illegal attacks. The criminal situation in Russia today has dictated the need for a qualitatively new approach to law enforcement.

The Commissioner for Human Rights in the Russian Federation states: surveys conducted in the country public opinion Regular evidence shows that about 60% of people who have suffered from various types of crimes prefer not to contact law enforcement agencies, being confident that they will not receive protection from them. No less significant is the fact that up to half of the persons recognized as victims during criminal proceedings did not want to bring a civil claim. A quarter of the victims, for one reason or another, renounced their testimony during the trial. Approximately the same number did not appear in court at all6.

1 Terekhin VA. Some controversial aspects of the formation and implementation of law enforcement policy // Problems of interaction of subjects of law enforcement policy / ed. A.V. Malko, V.A. Terekhina. - Penza, 2008. pp. 11-12.

2 See: Concept of law enforcement policy in the Russian Federation (draft) / ed. A.V. Malko. - Saratov, 2012. 32 p.

3 See ibid.

4 See ibid. pp. 9-10.

5 Puzikov R.V. Law enforcement policy in modern Russia: methodological aspect // Legal policy and legal life. 2010. No. 4. P. 121.

6 See: Problems of protecting the rights of victims of crimes: special report of the Commissioner for Human Rights in the Russian Federation dated May 27, 2008 // Rossiyskaya Gazeta. 2008. June 4.

"Modern Law", No. 8" 2013

These circumstances indicate mutual alienation between the population and law enforcement agencies.

Law enforcement activities of the state are one of the most important functions of the state, which consists in creating the necessary conditions for the implementation of the rules of law in specific legal relations, expressed in the activities of specially authorized state bodies and officials to protect society and the state from offenses1.

Emphasizing the importance and necessity of implementing effective law enforcement activities of the state, one should agree with the opinion of V.M. Syrykh that “it is necessary to see the limits of this activity so as not to turn this important function of the state into total surveillance of citizens, their collective associations and organizations, and not to turn the rule of law into a police state”2.

Law enforcement policy is an activity carried out by special (special) subjects: government bodies, officials, some public organizations. Citizens are not the direct subjects of law enforcement policy, since the state has not authorized them to carry out such activities. However, this does not detract from the role of citizens in legal protection. Their participation in the formation and implementation of law enforcement policy, that is, the strategy and tactics of the state in the sphere of authoritative implementation of legal norms, is not only possible, but urgently necessary3.

In confirmation, it should be said that politics invades all spheres of social life and permeates all forms of consciousness.

This is not a closed area of ​​activity for professional politicians. Turning to various historical periods, one should conclude that the life of any society, with the exception of the primitive one, is saturated political interests, political struggle. Politician

The functions of the state are the main directions of its activities, expressing the essence and purpose of the state in society.

The functions of the state reveal the real role it plays in solving the main issues of social development and, above all, in satisfying the diverse interests of the country's population. The functions of the state are established depending on the main tasks facing the state at a particular stage of its development, and represent a means of implementing these tasks. The content of the state's tasks is determined by internal and external factors. If crisis phenomena in economic life put the task of reforming the economy in the first place, then social cataclysms force the state to solve primarily political problems. The growth of crime requires the state to take measures to identify it and eliminate the causes that give rise to it. The threat of external aggression forces us to more actively conduct diplomatic work and prepare the population to repel possible aggression.

There are internal and external functions of the state.

A. Internal functions are the main directions of the state’s activities in managing the internal life of the country.

1. The economic function is expressed in the development and coordination by the state of strategy and tactics for the country’s development in the most optimal mode. The economic activity of the state is manifested in the establishment of taxes, the issuance of loans, investments, the determination of benefits in relation to certain subjects of economic life, the construction of infrastructure (roads, transport, energy, information and other systems), the state must create the legal foundations of the market, i.e. develop “rules of the game” for business entities, take measures to combat monopolism, stimulate entrepreneurial activity, protect consumer rights, etc. However, the state can directly manage enterprises of some particularly important sectors of the national economy (energy, communications, nuclear, defense industry, astronautics , computer science, etc.). Here it acts as the owner of the means of production, the producer of material goods.

2. The political function is determined by the need to harmonize the interests of various social groups. Using methods such as referendums, plebiscites, and elections, the state is able to identify the actual balance of social forces, take into account the interests of various social groups in its policies and prevent them from openly clashing. Particularly important is the process of forming parliament, which (ideally) should represent a cross-section of society. The organization of this process, ensuring democracy, rests with the state. In addition, the state ensures the protection of the constitutional system, state sovereignty, conducts law-making activities and officially represents the population of the entire country in both internal and foreign affairs.

3.Social function. Its implementation makes it possible to ensure normal living conditions for all members of society, regardless of their participation in the production of material goods, as well as age, gender, health, etc. Establishing a minimum level of wages, pensions, scholarships, benefits for the sick, disabled, and elderly people, students, children, mothers, the unemployed; allocating the necessary funds for healthcare, cultural recreation, education, building housing for the low-paid, establishing efficient transport and communications - this is all that allows people to lead a decent and active life that contributes to their development, and not just their existence. However, in this matter, caution is needed: social policy is carried out at the expense of taxes deducted from entrepreneurial activity, and if they are high, then entrepreneurs lose the incentive to work. Society may deteriorate. But at the same time, social regulation based on the principle of equalization is not capable of ensuring the progress of society.

4. The law enforcement function, or the function of establishing and protecting law and order, is the activity of the state to ensure the accurate and complete implementation of the provisions of the law by all citizens, organizations, and government bodies. This function is performed by various methods. Among them we can highlight the method of lawmaking (development and adoption of laws and other regulations), the method of law enforcement (activities of competent authorities to apply measures of legal liability), organizational and legal, carried out by executive bodies (pricing regulation, permission of rallies, demonstrations), etc. Struggle with offenses is a very important aspect of law enforcement activities of the state. It is carried out with the help of the entire system of law enforcement agencies. The funds invested in the law enforcement system are considerable, and society has the right to count on a calm and safe life. However, if these funds do not produce results and crime does not decrease, the ruling elite must consider whether it is effectively governing society.

5. The environmental function has recently been promoted to the category of the main functions of the state. Humanity has reached a point where its activities threaten the very existence of man: intensive and extensive use of natural resources, the use of some modern technologies upset the balance in the natural environment, which changes the living conditions on Earth, making them impossible for him. The unbridled exploitation of nature is leading humanity into the abyss. The state is obliged to provide for and curb this process with its regulations. Many countries have developed extensive environmental legislation that clearly regulates the activities of people and organizations in the use of the environment, and severe measures are taken against violators (from warnings, substantial fines to the liquidation of enterprises that are sources of environmental pollution).

There are also additional functions of the state, for example, the functions of ensuring national security, building roads, irrigation, land reclamation and other public systems, transport, information, combating the consequences of natural disasters, etc.

B. External functions- these are the main directions of its activities in the international arena. Their implementation ensures the full existence of the state in the modern world, which is becoming increasingly interconnected.

1. The function of defense was of paramount importance in earlier times. Currently, the world is becoming more and more civilized, international organizations take upon themselves the regulation of territorial claims and the resolution of conflicts between states, preventing their military clash. And, nevertheless, even developed countries, which have accumulated considerable experience in peaceful coexistence, prefer to keep their armed forces in a state of combat readiness, since not all ruling elites yet listen to the world community, and modern weapons allow any uncivilized rulers to quickly and deliver devastating blows over long distances.

2. The diplomatic function helps maintain acceptable relations with all countries, regardless of what ideology they adhere to or what economic system they use. Normal good neighborly relations are the minimum of communication in the international arena that allows us to achieve stability and prosperity for all mankind.

3. Supporting global law and order (foreign policy function) consists of political cooperation between states in order to eliminate global armed conflicts. The main international body coordinating the political interests of modern states is the UN; issues of political settlement of conflicts are dealt with by the Security Council, a permanent body of the UN. Regional international organizations also help maintain political stability and security in the world (League of Arab States, Organization of African Unity, Organization of American States, Association of Pacific Rim Countries, etc.).

4. The foreign economic function is associated with the development of mutually beneficial cooperation between states, which is manifested in the international division of labor, specialization and cooperation of production, exchange of the latest technologies, coordination of trade turnover, and the development of credit and financial relations. Economic cooperation is most effective between countries that are territorially connected to each other (European Economic Community, CIS countries, etc.).

5.Cultural cooperation between countries is carried out on the basis of bilateral and multilateral agreements between states and non-governmental organizations (International Union of Architects, International Chess Federation, Olympic Committee, etc.). Within the UN cultural activities coordinated by UNESCO.

6. Cooperation of states in solving global problems modernity (rational use of natural resources, environmental protection, energy conservation, peacekeeping, demographic policy, etc.).

The external activities of states in the modern world will then be effective when they are based on universal human values, international legal acts, and take into account the national, economic, cultural and other characteristics and interests of all peoples included in the world community.

Among them the following stand out:

- political function(holding referendums, elections, forming government bodies, protecting the constitutional system, the sovereignty of the country, issuing laws, etc.);

- economic function(definition of taxes, issuance of loans, establishment of benefits, construction of roads, development of transport, communications, development of country development programs, etc.);

- law enforcement function(dispute resolution, fight against offenses, application of sanctions, etc.);

- social function (establishment of minimum wages, pensions, benefits, scholarships, allocation of funds for healthcare, etc.);

- ecological function(development of environmental legislation, closure of polluting enterprises natural environment, imposition of fines, etc.);

- function of combating the consequences of natural disasters;

- other functions.

External functions are the main directions of the state’s activities in the international arena. These include:

- defense function. This function was especially important in earlier times. Now states are trying to solve their problems in a civilized way, through negotiations. In addition, there is now
a number of international organizations (UN, Council of Europe, etc.) that are engaged in resolving conflicts between states and trying to prevent their military clash;

- diplomatic function. It is carried out mainly with the help of special missions (embassies and consulates) located abroad. Their task is to maintain normal good neighborly relations between countries, improve mutual understanding and cooperation in all areas of interstate relations;

- function of maintaining global law and order (foreign policy function). The main international body here is the Security Council - a permanent body of the UN. Regional international organizations, such as the League of Arab States, the Organization of African Unity, etc., also help maintain stability and security in the world;

- foreign economic function. In the modern world, it is practically impossible for any country to live alone and independently produce absolutely everything that its population needs. It is beneficial for any country to specialize in what it does best or what it is rich in, and give it away in exchange for what it is either unprofitable or impossible to produce on its own due to climatic conditions territory or lack of appropriate natural resources;

- social function. Social assistance (allocation of financial resources, forgiveness of debts, supply of medical and other equipment, food and clothing, sending specialists, etc.) is provided to developing countries (for example, Soma
Lee, Ethiopia, Sudan);

- ecological function. It is becoming more and more mainstream. This activity most often manifests itself in sending to areas of environmental disaster (with the consent of a particular state) the necessary equipment and contingent of people to eliminate its consequences;

- function of cultural cooperation. It is carried out on the basis of both bilateral and multilateral agreements between countries. Non-governmental organizations, for example the International Chess Federation and the Olympic Committee, also do this. Within the UN, cultural activities are coordinated by UNESCO. Many private organizations are also involved in cultural cooperation. For example, with their mediation, such world music stars as Michael Jackson and Mireille Mathieu, opera singer Montserrat Caballe, the Rolling Stones and Deep Purple and others visited Moscow.

This must be remembered!

1 . The purpose of the state in society is to:

a) solving general affairs;

b) resolution of social disputes;

c) regulating relations with other countries;

d) establishing and ensuring law and order through coercion.

2 . The functions of the state are the main directions of its activities,

3 . The functions of the state are divided into internal and external.

4 . Internal functions are the main directions of the state’s activities in managing the life of the country. These include political, economic, law enforcement, social, environmental, transport, information and other functions.

5 . External functions are the main directions of the state’s activities in the international arena. Among them are the defense function, the diplomatic function, the function of supporting global law and order, the foreign economic function, the social, environmental, and cultural cooperation functions.

Questions for control

1. Compare the duration of the periods of human development before the emergence of the state and after it.

2. What does the phrase “The state decides general affairs” mean? What common causes and common interests do people have?

3. Why does the number of common affairs steadily increase with the development of society?

4. What does the word “arbiter” mean? What disputes between people arise most often and who resolves them?

5. What kind of relationships can arise between states? Are they always conflict-free?

6. In what ways can disputes between states be resolved?

7. Why did people begin to trust the state to use coercive measures against offenders?

8. What coercive measures can the state use?

9. What are the functions of the state and what types of them do you know?

10. What is the political function of the state and what does the word “politics” mean?

11. What is the economic function of the state? Can't people decide for themselves what to produce and what to buy?

12. What is the social function of the state and why earlier (before the 19th century) no state in the world performed it?

13. How does the law enforcement function of the state differ from the activities of protecting customs in primitive society?

14. What is the ecological function of the state and why did it appear only in the middle of the 20th century?

15. Give an example of how our state implements the function of combating the consequences of natural disasters.

16. What is the function of defense and how, in your opinion, does our state perform it?

17. Why does a rich and prosperous state, which can provide for itself with everything and repel any aggression, need to carry out a diplomatic function?

18. Why should Russia participate in maintaining world order with the help of the UN, if only membership in this organization costs several million dollars annually? Wouldn't it be better to use this money to develop education?

19. Why should Russia participate in international trade if it has everything? Natural resources, from which, if desired, one can produce almost everything the people need?

20. Why do we invite foreign artists and pay a lot of money for their performances if our artists go to work abroad? Wouldn't it be better to increase their pay?

TASKS AND ASSIGNMENTS

1. Read the dialogue between two people and suggest an option for resolving the dispute.

Buyer: I'm talking about a defective product. Here is a receipt showing that these shoes were purchased from your store a week ago. Look what they look like after the first wear.

Salesman: Unfortunately, we do not exchange sold items.

Buyer: This product is shoes, therefore shoes, which are subject to a certain exchange procedure.

Salesman: You know, with shoes it’s not so simple, I can’t accept any complaints. By the way, can I take a look at the receipt? It happens that a person gets a receipt somewhere and goes to change his old shoes...

Buyer: I don't know what's going on there, but I have a receipt for these exact shoes, and I demand they be replaced!

Salesman: Well, show them... Hmm... Yes, we've been wearing them for at least a year!

Buyer: That's why I came because within a day of wearing the socks they turned into junk.

Salesman: I would be happy to help you, but even though I want to, I can’t exchange the shoes - we don’t have a single pair left.

Buyer: Then return the money!

Salesman: I don't have enough salary to pay out of my own pocket. Sorry, you are interfering with my work, I have customers.

2 . Imagine that you are a member of the government, which is discussing the question of where to get money to increase pensions and benefits for large families. There are many options available. What is your opinion?

Raise taxes;

Print some money and distribute it to these categories of citizens;

Increase the rent;

Transfer healthcare completely to a fee-for-service basis;

Introduce tuition fees at universities;

Introduce partial payment for tuition in grades 10-11;

Increase fares on public transport;

Increase the road tax rate;

3 . Coming home from school and having lunch, you decided to rest a little and watch the next episode of a television movie. But the television doesn't work. On the screen there is an inscription: “Today is a day off on television.” Can the state be blamed for not fulfilling its functions?

4. The administration of the village of Shatkino issued a resolution according to which persons of military age serve their term of service in their native village and are used in work that is extremely necessary for the local economy. Reason: there is a large labor shortage in the village, since the majority of residents are pensioners. Evaluate the resolution of the local administration from different positions.

5 . The school director, by his order, expelled a 9th grade student from school because he brought a gas canister to school and, having decided to scare his friends with it, damaged one of their eyes. The parents of the expelled student asked the court to declare the director's decision illegal. The judge did not accept the statement of claim from them, saying that this case was not under his jurisdiction. Did the judge act legally?

6 . The Selivanovs decided to buy a house from their neighbors for their son, who had recently gotten married. The Selivanovs and their neighbors knew each other well and trusted each other completely. Being confident that neither party was going to deceive, they formalized the purchase and sale with receipts (one party in the receipt confirmed the fact that the house was transferred to it, and the other - the fact that it received money for the sold house). The new owner (the head of a young family) came to the local administration to pay taxes on real estate and land, presented receipts and
was very surprised that he was not recognized as the true owner of the house and refused to accept money. Is the local administration right?

7. The police officers, having rung the doorbell of the apartment, entered it without the owner's permission, citing the fact that they had information about a crime being committed in this apartment. After inspecting the apartment and not finding anything suspicious, they left. A citizen whose apartment was inspected filed a complaint with the prosecutor's office. Are the actions of the police legal? Write down the prosecutor's response.