Law on Police in Russia.

Law on the Police in Russia.

Law on the Police in Russia

One of the most significant events of 2010 was the news about the draft law «On Police», which was being prepared, and that soon the police would be responsible for maintaining order instead of the militia in Russia. As events unfolded regarding the upcoming innovation, disputes among famous politicians and public figures did not subside. The draft law «On Police» was also discussed heatedly among Russian citizens. Assessing some opinions, one is once again convinced that the lack of accurate information gives rise to unfounded worries and discontent. The draft law «On Police» of the Russian Federation and its content are chosen as the subject of this article.

The discussion of the draft law «On Police» will generate both negative and positive opinions, for example, citizens who have thoughtfully read the document come to the conclusion that this draft cannot be called useless. Some points and articles of the law cause confusion among citizens, we will focus on them. The Law on Police in Russia includes 11 chapters and 57 normative articles.

Article 1. The police and its purpose:

• The police are an integral part of the unified centralized system of the federal executive body that exercises functions on the development and implementation of state policy and legal regulation in the sphere of internal affairs (hereinafter — the federal executive body in the sphere of internal affairs), and is intended to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons (hereinafter — citizens; persons), to combat crime, protect public order, property and ensure public safety.
• The police have the right to use measures of state coercion, including physical force, special means and firearms, within the limits established by federal law.
• The composition and structure of the police are determined by the President of the Russian Federation.
  According to this point, if we compare its content with the corresponding excerpts from the Law on the Police, indeed, the police instead of the militia in Russia will regulate the sphere of internal affairs of the state. Article Main areas of police activity more specifically and in detail reveals the list of functions under the jurisdiction of this body.

Article 2. Main areas of police activity:

• prevention of crimes and administrative offenses;
•  detection, suppression and disclosure of crimes, conducting criminal investigations;
• search for persons and stolen property;
• suppression of administrative offenses and proceedings on administrative offenses;
• maintenance of public order;
• ensuring road safety;
• control over arms circulation;
• control over private detective and security activities;
• protection of property and facilities under contracts;
• state protection of participants in criminal proceedings, judges, officials of law enforcement and regulatory agencies;
• providing assistance to citizens, federal government bodies, government bodies of the constituent entities of the Russian Federation, other government bodies (hereinafter referred to as government bodies), local government bodies, public associations, as well as organizations regardless of their form of ownership (hereinafter referred to as organizations), officials of these bodies and organizations (hereinafter referred to as officials) in protecting their rights and legitimate interests.
  Other areas of police activity are determined by federal constitutional laws and federal laws.

Article 3. Legal basis for police activity

consists of the following documents: the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, this Federal Law, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, as well as regulatory legal acts of the federal executive body in the sphere of internal affairs. The legal basis for the activities of the police in the Russian Federation regulates the basic principles of the activities of this department, which are the subject of consideration of Chapter 2 of the draft law.

The areas of activity of the police are as follows:

• Observance of the rights and freedoms of citizens
• Police activities are carried out on the basis of observance of the rights and freedoms of citizens, their legitimate interests, and respect for their dignity.
• Police activities that restrict the rights and freedoms of citizens shall be immediately terminated if the legitimate goal has been achieved or it has become clear that it cannot or should not be achieved in this way.
• A police officer shall not have the right to resort to torture, violence, cruel, inhuman or degrading treatment or punishment. A police officer shall not encourage or carry out any action by which pain, physical or moral suffering are intentionally inflicted on a citizen for the purpose of obtaining information or a confession from him or another person, or punishing him or another person for actions committed or for actions of which they are suspected.
• The police provide detained persons with the opportunity to exercise their right to legal assistance established by federal law, notify their relatives, place of work or study of the detention at their request (and in the case of detention of minors — without fail), if necessary, take measures to provide first aid to the detained persons, as well as measures to eliminate threats to someone's life, health or property that arose as a result of the detention.
• The police have no right to collect, store, use or distribute information about a person’s private life without his or her consent, except in cases stipulated by federal law.

Article 6. Legality

• Police activities are carried out on the territory of the Russian Federation in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, federal laws and other regulatory legal acts.
• Restriction of the rights, freedoms and legitimate interests of citizens, as well as the rights and legitimate interests of public associations, organizations and officials is permissible on the grounds and in the manner stipulated by federal law.
• The use of state coercion measures by police officers to implement the duties and rights of the police is permissible only in the cases and in the manner stipulated by federal law.
• A police officer may not justify an illegal action or inaction by citing the interests of the service, economic expediency, demands of superior officials, or any other circumstances or motives.

Ranks in the Russian police are stipulated in a special article. Article 26

• Private personnel — private police;
• junior command personnel — junior police sergeant, police sergeant, senior police sergeant, police sergeant major, police warrant officer, senior police warrant officer;
• mid-level command personnel — junior police lieutenant, police lieutenant, senior police lieutenant, police captain;
• senior command personnel — police major, police lieutenant colonel, police colonel;
• senior command personnel — Major General of Police, Lieutenant General of Police, Colonel General of Police, General of Police.
• Special ranks of the police — its command staff — are lifelong. The words «retired» are added to the special rank of a police officer dismissed from service in the police.