UDC 351.74 BBK 35.078
DOI 10.24411 / 2073-3313-2018-10207
The concept and essence of administrative and legal resources of road safety management activities
Scientific specialty for published material: 12.00.14 - administrative law;
Annotation. The article gives the definition of administrative and legal means of management activities to ensure road safety, presented their classification depending on the availability or absence of violation of road transport legislation, from levels legal regulation, on the nature of the regulatory influence, from the forced nature of the application, from the directions of use by the executive authorities. In the direction of their actions, administrative and legal means of road safety management activities are differentiated to regulatory, permissive, registration, licensed, supervisory, renewable and preventive-security.
Keywords: management activities to ensure road safety, administrative and legal means, legal regime for ensuring road safety, road traffic accidents, administrative offenses in the field of road traffic.
Annotation. The ARTICLE DEFINES The Administrative And Legal Means of Management Activities to Ensure Road Safety. They Is Or Is Not a Violation of The Levels of Level Regulation, On the Enforcement Nature, On Directions Used by the Executive Authorities. According to the Direction of their Actions for Managing Road Safety Activities Are Differentiated Into Regulatory, Licensing, Registry, Licensing, Control and Surveillance, Renewable and Preventive Security.
Keywords: Administrative Activity in Ensuring Road Safety, Administrative Legal Means, Legal Regime for Ensuring Road Safety, Road Accidents, Administrative Offenses In The Field of Road Traffic.
Reviewer - A.I. Tambovtsev, Head of the Department of Operational Festival Activities in the Interior Bodies of the St. Petersburg University of MIA Russia, Candidate of Law, Associate Professor
Elena Alexandrovna Pikina, Adjunct Department of Administrative Activities of the Interior Bodies of St. Petersburg University of Russia E-Mail: [Email Protected]
Alexander Anatolyevich Refugees, Deputy Head of the Department of Administrative Activities of the Interior Bodies of St. Petersburg University of the Ministry of Internal Affairs of Russia, Candidate of Law, Associate Professor E-Mail: [Email Protected]
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One of the most characteristic and integral parts of modern civilization is a road traffic. Being a complex socio-inhomogeneous, technically inconsistent, this area is a conglomerate of heterogeneous elements interacting with each other related to the overall goal of functioning to ensure comfortable and safe transport. At the same time, including the spatial movement of people and cargoes, the road traffic as a whole is not a natural process, but represents the result of conscious and managed activities not separate individuals, but a complex road-transport system of power. The role of the latter in streamlining public relations arising between road participants cannot be underestimated.
It is the state that a strategic role is given in the organization and regulation of movement, the establishment of the rules of the spatial movement of passengers and goods, the implementation of the federal and regional executive bodies, state-owned directors of road management, organs local governments Economic, tariff, scientific and technical and public policy, licensing, standardization and certification in road transport, meeting the needs of the automotive vehicle in fuel and energy and material and technical resources, control and supervision of the organization and safety of the road.
Road safety is a key factor in ensuring the comfort of transportation, respect for rights and legitimate interests The participants of the movement, development of the country's economy and, accordingly, implies the use of various means of regulation.
Under these conditions, the need to improve the management system for maintenance of road safety is becoming increasingly becoming a basis for security administrative and legal norms.
Today, transport, especially automotive, is considered as a source of increased danger, and its operation is related to the risk to the life and health of people and the environment. To reduce the risks of the onset of danger to the life and health of people, the environment and society as a whole, the state
it is various legal instruments, among which the means of legal directions are most distinct. They differ in the nature of the prescriptions inherent in them, the specifics of legal regulation, which is due to the essence of public relations that are directly protected in a particular case.
Speaking of administrative and legal means of management activities to ensure road safety, first of all, refer to the etymological component of the concept of "means". In explanatory dictionaries, this term is determined equally as: "Reception, a method of action to achieve something."
IN legal science The theory of law applies the concept of "legal means", which form a holistic, system legal mechanism, which ensures the settlement of the entire set of public relations that are the subject of legal regulation.
General signs of legal means are that they are:
■ express all generalizing legal means of ensuring the interests of the laws of law, achieving the intended goals (this detects the social value of the educations under consideration and the right in general);
■ reproduce information and energy quality and resources of law, which gives them a special legal role aimed at overcoming obstacles facing the rights and legitimate interests of participants in legal relations;
■ combining in a certain way, they represent the main partitions (elements) of the action of the right, the functional side of the mechanism of legal regulation, legal regimes;
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■ lead to legal consequences, clear results, a thorough level of effectiveness or defectiveness of legal regulation;
■ implemented by the state.
An important role in the system of these funds
associated with administrative and legal nature, which in their diversity constitute the most numerous group along with others (criminal law, civil-law, etc.).
Administrative legal means in the complex are one of the effective structural elements of the security activities of the state aimed at the formation and development of public relations in various fields on a solid regulatory basis.
Do not detract from the influence of other legal sectors, it should be recognized that it is administrative right that plays a leading role in organizing the safe operation of road transport. Administrative law standards settled the most important aspects and levels of management activities to ensure road safety from intersectoral coordination in the activities of individual divisions, developing strategic development plans to solve individual legal entities. Now it is administrative right that the main burden on the organization, protection and protection of public relations in transport; Administrative and legal means constitute the most numerous, most powerful and effective group of legal means of ensuring road safety.
Turning to the legal nature of administrative legal funds, we emphasize that with the help of administrative law (norms, relations, legislation, the competence of the subjects, the methods of implementation of the norms) external expression and legal registration of public interest in management are carried out.
Administrative and legal means are diverse, while they are interrelated and interdependent, constitute a monolithic system, intertwined with criminal law, financial and legal, economic measures, various methods of organizational and mass activities.
to ensure road safety through the prism of the protection of the rights of road participants, we define them as a set of techniques and methods, with the help of which subjects of public administration and courts protect the violated rights and legitimate interests of citizens involved in road traffic, in order to restore their recovery, damages and attracting the guilty person to justice.
We highlight the following characteristic signs of administrative and legal resources management activities in the field of road safety. Their application is an integral part law enforcement States in the transport sector, disclosed within the legal category "Administrative coercion" and covers both jurisdictional and non-revocional procedures.
They have the main appointment of the struggle both with administrative misconduct and with crimes against road safety. One of the important functions of administrative law is the function of the prevention of offenses. It is especially brightly manifested in the field of road safety. It is the prevention of administrative offenses in the field of road traffic that is the strategic direction in the system of activities carried out by the state to strengthen the legality and law enforcement in the road industry.
Prevention is the most effective way to combat offenses, primarily due to ensuring the identification and elimination (neutralization) of their origins. To a large extent, this is the prevention of the very possibility of committing offenses in the field of road traffic. In the field of road traffic and its safety, prevention is a system of activities of economic, social, cultural, educational and legal nature, aimed at reducing the level of accidents on roads, minimizing the harmful effects of road traffic accidents and improving road safety guarantees.
Today, a clear classification of administrative and legal means of management activities to ensure road safety is not developed, despite its large practical and theoretical significance. Clear classification is necessary
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first of all, to determine the essence of a variety of administrative and legal means, which are used by the executive authorities to ensure road safety, awareness of the goals of these activities, their legal capacity, relationships and interaction. In addition, the classification allows you to determine the types and types of specific management facilities for road safety, by their differentiation in order to further research.
First of all, the basis for the classification of administrative legal means of management activities to ensure road safety as super-walled tools for overcoming accidents on the country's roads can be made of adopted functional bonds, the requirements of the logical ordering of the components of the system, a clear system-structural relationship. The study of the established internal relations existing in the logical system "Administrative coercion" is advisable to implement using the scientific classification toolkit.
It should be noted that the classification (lat. E1AZ1Z - discharge + / Aye - I do, lay out) as a process, initially, inherently, internally programmed to designate two categories of actions: first, the decomposition process into classes and, secondly, The result of this process is the definition of a system of similar concepts (object classes) of any field of knowledge. "A strictly conducted classification at the same time summarizes the results of the prior development of the branch of knowledge and, at the same time, the beginning of the new path in its development."
Legal means according to the role that they re-alize are differentiated on regulatory (resolution) and protective (protection measures); on subjects of legal regulation - to constitutional, administrative, civil, criminal and other; in character - on material and legal and procedural; within the meaning of the consequences - to ordinary (fine) and exceptional (deprivation of law); Under the period of action - for permanent (citizenship) and temporary (premium); by type of legal regulation - on the regulatory (established in the norms of the right of prohibition) and individual (the act of application of law, the act of realization of rights and obligations); on informational psychological
directions - on stimulating (benefits) and limiting (stop)
Note that administrative and legal means of road safety management activities can be viewed in a wide and narrow sense: in a broad sense, these funds mean the entire system of administrative and legal norms, which is considered from the position of their functional purposes to regulate the relevant management public relations in the field of road traffic; In a narrow interpretation, administrative and legal means means the methods of administrative management impact in order to comprehensively support road safety.
According to A.C. Kwitchuk, administrative and legal means - an important component of the legal regime for ensuring road safety, the tasks of which is to ensure the safe state of road vehicles, supervising the actions of road participants and their proper preparation, creating conditions for minimizing the consequences of road traffic accidents.
Efficiency of road safety regime, from position C.M. Zyryanova, is achieved by establishing the powers and responsibility of subjects of management and participants in the road, coordinating their activities, develop and approval rules, standards, technical standards and other regulatory documents, road traffic, material and financial support, organization of training drivers of vehicles and training of citizens by the rules of safe movement, medical support, mandatory certification, licensing activities related to ensuring road safety, transport insurance, implementation state control and oversight of compliance with legislation, rules, standards, technical norms and other regulatory documents in the field of road safety.
The basis of the administrative and legal regime for road safety is subject to legal norms, regulating the rights and obligations of participants in public relations that determine the technical requirements for elements of the street-road network, technical
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the state of automobile vehicles governing licensed activities that establish the competence of state bodies implementing management in the motor transport region.
In other words, administrative and legal means of road safety management activities are precisely necessary tools through which the legal regime of road safety is supported at the proper level and its effectiveness is achieved.
Before contacting certain groups of administrative and legal means of management activities to ensure road safety, it should be noted that the achievement of the main objectives of legal regulation of relations in the road transport sector is possible only with the comprehensive use of all allocated legal resources of management activities, since only the use of the entire totality legal remedies that are implemented in relevant sequences and the procedure will achieve the effectiveness of legal regulation of road safety activities.
So, all administrative legal means used in the mechanism of management activities to ensure road safety can be conditionally (since in practice, it is quite often the same means for a certain extent there may be features and regulatory, and organizational, and preventive) to combine Several groups for the following criteria:
According to the presence or absence of violations of road transport legislation - on administrative-jurisdictional (means of curbing violations of rules, norms and standards in the road industry and measures of administrative responsibility) and non-revision funds (aimed at preventing relevant violations);
Depending on the levels of legal regulation, the administrative and legal means of management activities to ensure road safety are divided into those applied by federal legislation. legal acts and at the local level of legal regulation;
According to the nature of the regulatory effect, they can be divided into three types: means of conviction
the means of encouragement and means of coercion. By conviction, promotion and coercion, the administration ensures the functioning of the road safety management system, the organization's organization, discipline of participants, the stability of the corresponding legal relations. From how rationally these three methods are used, the effectiveness of all directions of management activities to ensure road safety, as well as industry policies, depends on. In order for the State Road Safety Policy to be really effective, the methods of belief, promotion and coercion should be reasonably combined, i.e. Do not confront each other, and mutually complement and obey a single strategic goal. Only their harmonious combination can provide a balanced and comprehensive impact on public relations. Significant multiplication of the role of a method certainly leads to social dissenters, growth of delicacy, departure from democratic administration principles;
■ Depending on the enforcement nature of the application - for administrative prevention measures, administrative preventive measures, administrative support measures and administrative responsibility;
■ Depending on the uses of the executive authorities, the funds used in the process of rule-making activities and in the process of implementing law enforcement activities;
■ In the direction of their actions, administrative and legal means of managing road safety management are divided into:
Regulatory (occupy a leading place in the system of administrative and legal means of protecting this sphere of social relations, since all other funds are aimed at ensuring their implementation, prevention and suppression of their violations, bringing guilty to administrative responsibility);
Permissive (issuing permits for driving management;
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movement of vehicles with supergoes, heavy, dangerous goods and in the column; repair and reconstruction work of roads; use of special sound and lightweight devices; Another form of permitting activities in the studied area is certification of vehicles, works, services in road transport);
Registration (for example, registration procedures, re-registration of auto-motor vehicles and removing them from accounting);
Licensed (road licensing aims to determine the initial and current conditions for the provision of services for the transport of passengers and cargo, as well as the most important parameters of consumer service, including ensuring their safety during transportation);
Control and supervisory (consist of supervision of road traffic, for the transportation of dangerous, large and heavy cargoes, for the design, construction and operation of roads, streets, engineering road facilities, roadside service facilities, etc.);
Renewable (aimed at compensation for damages affected by road accidents) and
Preventive-security (it is that legal instruments are directly aimed at preventing negative factors in road transport).
In completion, it should be noted that the choice of a specific administrative legal means of management activities to ensure
the safety of road safety, the expediency of its use in one or another situation is determined by the conditions that have developed, the presence of certain circumstances, the objectives and competence of the body (official), which operates in a particular situation, subjective factors.
Bibliographic list
1. Large explanatory dictionary of the right Russian speech / L.I. Skvortsov. M.: Onyx; World and Education, 2009.
2. Large explanatory dictionary of the Russian language / Sost. and ch. ed. S.A. Kuznetsov. SPb.: Norint, 2000.
3. Yeropkin M.I., Popov L.L. Administrative and legal protection public order. M.: Lenzdat, 1973. 328 p.
4. Zyryanov S.M. Administrative supervision in the field of road safety: dis. ... Cand. jurid science M., 2003. 181 p.
5. Kwitchuk A.S. Road safety system in Russia: a history-rico-legal study: dis. ... Dr. Jeride. science St. Petersburg., 2006. 360 p.
6. Malko A.V. Legal funds: Questions of theory and Practice // Log Ros. rights. 1998. No. 8. P. 66-77.
7. Matusov N.I. Theory of state and law / N.I. Matusov, A.V. Malko. 2nd ed., Pererab. and add. M.: Lawyer, 2006. 541 p.
8. Ozhegov S.I., Swedov N.Yu. Dictionary Russian language. 4th ed., Add. M .:. LLC "A Temp", 2006.
9. Philosophical Encyclopedic Dictionary / Ch. Red.: L.F. Ilyichev, P.N. Fedoseev. M.: OV. Enz., 1983.
10. Kropanyuk V.N. Theory of State and Law. M., 1993. 542 p.
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§2.1. Problems of legal regulation establishing a mode of access to information resources.
The basis of all information technologies And the databases lies in the information. Federal Law of July 27, 2006 No. 149-FZ (ed. From 28.12.2013) "On information, information technologies and information protection" defines the term information as information independent of forms and presentation. At present, the information is the most important component of management activities. And it is the subject of the subjects of a wide range of legal relations. In this regard, the clarification of the legally significant characteristics of information, and its arrays serving the information resource for specific subjects are relevant. The prerequisite for the recognition of information as a subject of legal relations is its physical medium. Formed in a certain way, Taking into account the needs of individuals or legal entities, documents and their arrays form informational resources that are becoming the subject of legal relations. Various technical means and technologies are applied to create, processing and use, the most perfect of which are based on the use of computer equipment. This explains the inextricable relationship of the legal regulation of the use of information technologies with the legal characteristics of the information resource, as subject of legal relations.
Now we define what legal regime is. IN legal science There are many opinions and approaches to the concept of legal regime. Opinion of scientists Alekseeva S.S. and Morozova V.V. It is based on the understanding of the legal regime as certain sets of legal means. However, Matusov N.I. and Malko A.V. This term is determined as a special type of legal regulation, which is a peculiar set of measures, expressed in legal incentives and legal restrictions. In understanding Rosanova I.S. Legal regime is a combination of legal and organizational and technical measures.
But, with various interpretation by scientists, the term "legal regime", when considering them there is a common number of moments. First, all authors consider the legal regime as a specific regulator of public relations. Secondly, the legal regime includes a combination of measures and funds. Therefore, legal regime can be defined as the order of regulation of any sphere of social relations, which is a combination of legal resources aimed at ensuring the most optimal personality, society and the state of the implementation of the right of their legitimate interests.
Matusov N.I. The signs of the legal regime also leads:
1) has a goal to regulate specific areas social relations;
2) is established legislatively and provided by the state;
3) creates a specific degree of favorable or unfavorable to satisfy the subjects;
4) is special order legal regulation.
With these features, you can agree on the following reasons. First, it is necessary to interpret legislation in a broad sense, secondly, the legal regimes of individual objects may be established in certain cases and ensured not only by the state, but also in other subjects.
When setting the legal mode, the achievement of any goals is prosecuted. The goals and functions of the right mode are related to the objectives and functions of legal regulation. If we consider the point of view of Melehina A.V., the goal of the legal regime is a stable order in the state and society. Upon reaching this goal, security is ensured in the state, and it is aimed at maintaining the necessary level of security of public security facilities.
Setting the objective of the legal regime is directly related to the division on species. The main problem of the classification of the legal regime is based on a multi-level nature of this process. It is necessary to take into account when allocating various types of legal modes, which grounds for the classification of any legal regime is sufficient.
Mandatory rule When solving the issue of classification is the application of the logical rule. The principle of dialectics helps to correctly establish the truth of knowledge, and the rules of formal logic are to determine the path of establishing such truth. However, we should not forget that the classification is always conditional and relative. With the receipt of new knowledge about the object, the refinement and change of classification always occurs.
Any classification begins with the search and definition that simultaneously underlies the division and at the same time is a consolidating circumstance, allowing to divide the studied phenomenon on the part. Depending on the purpose of the law enforcement, the criterion of the division to species may be different, from which it follows that the number of classifications is not limited.
Melekhin A.V. Indicates that the classification of legal modes carried out by researchers and the legislator is carried out on various reasons:
1) the scope of action - this approach allows them to divide them into domestic and international legal regimes;
2) the branches of law - the most common is an administrative and legal regime that can be reflected in various branches of law;
3) base establishment;
4) objects of legal impact;
5) Subjects of the implementation of established legal instructions.
Depending on the subject of regulation, legal regime can be divided into administrative, land, financial, tax, customs, etc. Legal regimes regulating a complex of homogeneous social relations are combined into a single sectoral regime, based on this, its regulatory regulation is characterized for each industry.
Consider a little more detail what administrative legal regime is. Under the administrative legal regime, you can understand the totality of the rules of the behavior, the activities of citizens and legal entities enshrined in regulatory legal acts, the procedure for the implementation of rights and legitimate interests in certain public administration situations, aimed at ensuring public order and public security specially created for This goal by organs, divisions and services of bodies government controlled. The main purpose of administrative legal regimes is the prevention of offenses and the onset of other harmful consequences dangerous for the personality, society and the state, to ensure public security and public order. The object of administrative and legal regime is a set of public relations in the field of public administration regulated by the rules of the administrative and legal regime. These relations are publicly legal relations. In the event of the regulation of the part-based relations with the norms of the administrative and legal regime, this is regarded as a violation of legality. The means of providing administrative and legal regimes - a set of funds, techniques based on administrative law standards, with which the administrative legal regime is implemented. Characteristic signs of the administrative and legal regime are:
1) the establishment in the field of activity of the executive bodies;
2) the basis of regulators are the norms of administrative law;
3) the rules for the behavior of state bodies and citizens are enshrined;
4) additional limitations and administrative measures are applied;
5) additional responsibilities are assigned;
6) Violation of the rule of legal regime entails the use of measures state coercion
The basis of all administrative legal regimes is the Constitution, federal laws, decrees of the President of the Russian Federation, the Decree of the Government of the Russian Federation, regulations federal organs executive, regulatory legal acts of bodies state power Subjects of the Russian Federation.
Administrative and legal regimes are appointed to create the conditions for the effective activities of state authorities and local self-government.
It is also necessary to note a number of features in equating the legal regime to the branches of public or private law. In the case of publicly legal sphere, the regimes of the functioning of state and other institutions make it possible to successfully solve government objectives. In another case, legal regime is focused on private situations in a narrow regulatory sphere.
Also, with respect to the legal regime, an appropriate variety can be distinguished to any of the branches of law. Legal regime, regulating ordinary relations, refers to the material law, and serving them to procedural. The material regime regulates the rights and obligations of entities of law with the right development of social relations. The procedural regime is serviced and ensures the activity of the justice system and law enforcement agencies to implement their functions.
Legal regimes for the scope of a multi-level nature, it is quite difficult to delimit. Therefore, it is possible to designate them as a common object mode, a special object mode and possible subregimis and auxiliary modes.
One of the classifications of the legal mode can be attributed to the time classification. Permanent legal regime - the validity of this regime is not installed and it acts until complete cancellation. Temporary modes include modes that are found for a certain period. Such modes include a state of emergency.
One of the important divisions of legal regimes is the separation of legal regimes for permits and prohibitive. This classification is applicable to information legal regimes.
Cities O.A. Determines such modes as preferential and limited. To preferential legal regimes, he refers free access resources. To limited legal regimes, he relates to legal regimes of state secrets and confidential information. Restrictive modes in the information law relate to information that is not intended for widespread and shall be subject to legal protection from unauthorized access. The main goal of the legal regime lies in the provision information security.
Law Russian Federation From 05.03.1992 No. 2446-I "On Security", security was determined as a state of protection of the vital interests of the person, society and the state from internal and external threats.
You can determine as the main security objects:
1) the state is the constitutional system, territorial integrity and sovereignty.
2) Society - spiritual and material values
3) Personality - Rights and Freedom
In the Russian Federation, a system of legal norms is developed for the effective level of security protection, the task of which is the regulation of security relations, the formation and conversion of bodies to which security obligations are entrusted, the definition of the main activities of government bodies. New stages of the development of society are characterized by an increase in the role of the information sphere. The information sphere has an active impact on the safety of political, economically and defense structures in the Russian Federation.
The most important component of information security is the protection of the information sphere. The three main directions of the protection of the information sphere are determined:
1) the protection of society and the state from the harmful information;
2) protection of information from unlawful access and impact on it;
3) Protection of the rights of individuals and legal entities to information.
Restrictive information regimes as a whole allow you to realize all these goals.
After drawing up the concept of legal modes, consider what is understood under the service secret. Civil Code of the Russian Federation in Art. 139 determined under official secret information constituting a service or commercial secret, when the information has a valid or potential commercial value due to the uncertainty of its third parties, there is no free access on legal basis, and the owner of information takes measures to protect its confidentiality. Information that cannot be a service or commercial secrecy is determined by law and other legal acts.
But this interpretation was seriously criticized by scientists. Trachherthertz L.A. It believed that the information contained in official secrets may not have a valid or potential commercial value, and the owner takes measures to protect it not so much due to its value, but due to the official responsibility.
According to the outcome, the main sign of service information should be the lack of civility processability of relevant information. This information cannot be the subject of civil law contracts and the main case information criteria should be unbounded.
After adoption and entry into legal force 4 parts Civil Code Of the Russian Federation, this rule of law has lost legal force. At the moment, the legislation of the Russian Federation does not have a clearly formulated concept of official secrets.
Federal Law of 10.12.2003 N 173-FZ "On Currency Regulation and Currency Control" places on the bodies of currency control and officials, the obligation to maintain commercial, banking and official secrets that have become known to them in the exercise of their powers, but in the law itself does not disclose the concept Service secret.
Decree of the President of the Russian Federation of 06.03.1997 No. 188 "On Approval of a List of Confidential Character" determines the information that may relate to service secrets, but again does not disclose the concept of official secrecy.
Federal Law of 04.04.1996 No. 39-FZ "On the Securities Market" contains the concept of service information under which any information is understood by non-public information on the issuer and issued by their emission securities. Also, the law is negotiated that persons with official information cannot use this information to conclude transactions and transfer to its third parties.
After analyzing these legislation, it is possible to conclude that it is necessary to clearly unify the concept of official mystery in the legislation of the Russian Federation. This imperfection in legislation leads to numerous discussions in the doctrine of law. According to some authors, the service information can be defined as non-negious information.
According to Lopatina V.N. Service secrecy can be defined as confidential information protected by law, which has become known in state bodies and local governments due to the execution of official duties and on legal basis. Also the author determines the main signs of service secrets:
1) the use of official activities of government bodies and local governments;
2) operation in the "own service" mode;
3) non-proliferation on the status of state secrets.
To date, the draft law of the Federal Law "On Service Secret", which remains not yet accepted. In this bill, the service secrets is defined as confidential information in the process of management activities of the body or organization, the dissemination of which violates the rights and freedoms of citizens, prevents the authority to the authority or the organization provided to him or otherwise adversely affect their implementation, as well as confidential information obtained Authority or organization in accordance with their competence in accordance with the procedure established by law. The explanatory note to the draft law contains its conceptual positions. However, not many authors agree with the concept of an explanatory note. The main question of the dispute arises around the scope of service secrets. In the bill, the information constituting a service secret is functioning in the system of state and municipal service. Lopatin V.N. also agree with this opinion. and Sokolova OS
Another opinion expresses the city of O.A. From its point of view, official information can also be circulated in institutions and organizations in which official relations occur.
Gavrilov E.P. With regard to official secrecy, it believes that this is the same commercial secret, but who has become available to third parties, which the mystery was provided by its owner.
The problem of legal regulation of establishing a mode of access to information resources today is very relevant.
Starting from the concept of the right regime and ending with its classification there is no consensus on this issue. Each author leads its concept and signs of the legal regime. But all adhere to certain settings. First, all authors consider the legal regime as a specific regulator of public relations. Secondly, the legal regime includes a combination of measures and funds. It is possible to classify the legal regime in a large number of variations and methods, while its classification may vary with the development of any branch of law. In my opinion, the classification of information and legal modes should be divided into publicly available and limitedly accessible, which makes it possible to more efficiently information resources. Thereby determined the circle of persons who can receive this or that information without disrupting the safety of information resources.
It is more difficult about the concept of official secrecy. The legislation does not have an accurate definition of this concept, which leads to small efficiency and imperfection of current legislation. Many legislative legal acts are mentioned on official secrecy, but due to the lack of this concept, it is difficult to use these legislation data and controversial issues that are difficult to solve without interfering judicial authority. For accurate wording, the concept of service mystery needs to determine which scope will cover this concept. I believe that the concept of service mystery should cover all areas of activity where personal data is used to more efficiently ensure the safety of the rights and freedoms of citizens. In my understanding, a service mystery is confidential information in the process of management activities of the body or organization, obtained by a legitimate way when performing job duties and imposes additional responsibility for the dissemination of this information to third parties.
§2.2. Features of the compositions of offenses related to the use of information technologies and the implementation of the right to information.
After analyzing the previous paragraph, we concluded that the task of information legal regime is to ensure the safety of information resources of the Russian Federation. Service secrets determines which information is protected by the norm of law. In this paragraph, I want to disassemble possible offenses related to the use of information technologies and the implementation of the right to information.
To begin with, we define which citizens can be attributed to civil servants. Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" determines the state civil service As a professional official activity of citizens of the Russian Federation to ensure the execution of authority. Also, the law will determine the authorities of the state bodies in which official activity is performed. These include federal state authorities, the authorities of the constituent entities of the Russian Federation. Thus, the law defines citizens who are officials.
Service secrets protects confidential information that consists of personal data. The concept of personal data establishes the Federal Law of July 27, 2006 N 152-FZ "On Personal Data", which defines the term as any information relating to directly or indirectly defined or defined to the physical person. Such data include surname, name, patronymic, date of birth and place of birth, address, marital status, social status, property situation, education, profession, income and other information related to the physical face. This information can handle the operator. This federal law determines that the operator may be state and municipal authorities, individuals and legal entities that carry out personal data processing, determine the purpose of processing personal data and other actions performed with personal data. To obtain the possibility of processing personal data, you need to obtain permission of this person. But the law also provides for the possibility of processing personal data without permission, subject to the achievement of the purpose and implementation and implementation, assigned to the legislation of the Russian Federation on the operator of functions, powers and responsibilities. This provides the processing of personal data to officials without a person permit, the data of which is processed. The Federal Law "On Personal Data" does not establish responsibility for breaching personal data.
The norms of laws that determine responsibility for violation of the legislation on personal data are indicated in the Code of Administrative Offenses of the Russian Federation, the Criminal Code and Labor Code Russian Federation.
The list of violations that are responsible for violating the requirements of legislation in the field of personal data in the Code of Administrative Offenses of the Russian Federation is quite voluminous. The code determines which actions violate personal data processing. These actions include:
1) unauthorized refusal to provide a citizen of information on the processing of its personal data;
2) a violation of the procedure for collecting, storing, using or disseminating information about citizens;
3) the use of non-certified information systems, database data banks, as well as non-certified means of information protection;
4) Declections of personal data.
The Code of Administrative Offenses of the Russian Federation clearly defines the responsibility of officials for violating personal data processing and improves the effectiveness of data security. Also administrative responsibility can be applied to persons providing services for technical Protection information, in particular for carrying out activities without a license, or in violation of the conditions provided for by the license to carry out activities in the field of information protection.
In accordance with the norms russian legislationFor criminal liability, exclusively individuals who have committed a crime, encroaching on the interests of the state, society and personality, can be attracted.
It is possible to say that it is the norms of the Criminal Code of the Russian Federation reflect "the main goal" of the Federal Law "On Personal Data" - protection of the interests of the subjects. In particular, it is liable for the following types of violations:
Illegal picking up or disseminating information about the privacy of the person who make up his personal or family secret, without its consent or the dissemination of these information in a public speech, which publicly demonstrated the work or media. The aggravating circumstance in this type of violations is recognized by this offense committed using its official position.
For unauthorized access to protected law computer Information, that is, information on the machine carrier, in the computer, computer system or their network, if this act led to the destruction, blocking, modification or copying information, disruption of the work of the computer, the computer system or their network.
Now consider the offense of officials associated with information technologies. This issue is not considered in the legislation of the Russian Federation, thereby the data of the offenses remain unpunished. Consider on the example of an official. An employee of the automated fixation center of administrative offenses is a protocol received from the video surveillance camera. When receiving information, the system fails and the penalty for this violation has changed to a smaller or large. The protocol is aimed at a citizen who violates the rules of the road. In case of identifying an error in the protocol, the question arises to whom it will be liable for this error. In the Codex on Administrative Offenses of the Russian Federation, there is no norm of the law that would have a responsibility for this offense for an official. Because of the way, an employee of the Center for Automated Fixation of Administrative Offenses, the protocol with an error did not suffer punishment. And a citizen who received a resolution administrative offenseUsing its rights and obligations, can only cancel this resolution. Consider on the other hand this question. Citizen with help computer technology hacked the video system road offenses And brought it out of order. At the same time, damage was not incurred, and the citizen did not receive the benefit from this offense. As a result, a citizen does not bear any responsibility. To increase the effectiveness of the legislation of the Russian Federation, it is necessary to make norms into legislative acts that will be involved in the responsibility of citizens and officials related to the offenses in the field of information technologies.
After analyzing the features of the compositions of offenses associated with the use of information technologies and the implementation of the right to information, you can come to the following conclusion.
The offenses associated with the implementation of the right to information today in the legislation of the Russian Federation are fully reviewed on all sides. The Federal Law of July 27, 2006 N 152-FZ "On Personal Data" fully defines the concepts used in this law, determines possible mechanisms and actions in the processing of personal data, lists the rights and obligations of the participants in this regulatory act. The Code of Administrative Offenses of the Russian Federation accurately determines the responsibility for violation of personal data processing, determines the actors on which this responsibility is imposed.
The offenses associated with the use of information technologies in the legislative act do not have the rules on which it is possible to bring responsibility. Based on this, I propose to make norms to the Code of Administrative Offenses:
13.31. In case of an assumptions of an error officer when using information technology and the performance of official duties assigned to it, which caused a violation
shut down administrative fine Official from five to ten thousand.
13.32. Breaking into information system With the help of information technologies, due to which material harm was not caused, and there was no benefit of benefit
entails the imposition of an administrative fine on citizens from two to four thousand rubles; Official from five to eight thousand rubles.
§2.3. Organization and legal regulation of the use of automated information systems and devices for automatic fixation of disorders in the field of road safety
Road safety is the state of the process of moving people and goods using vehicles or without any roads, reflecting the degree of security of its participants from road traffic accidents and their consequences. Road traffic accidents are one of the most dangerous threats to the health and life of people around the world. Damage from road traffic accidents exceeds the damage from all other transport incidents together. The main indicator of road safety is the accident associated with road transport. The problem of accidents, in the last decade, has gained special sharpness in connection with the inconsistency of the road and transport infrastructure, the needs of society and the state in safe road traffic, the insufficient efficiency of the functioning of the road safety system, and the extremely low discipline of road users. Over three quarters of all road traffic accidents are associated with violations of traffic rules by drivers of vehicles.
Compliance with the Rules is the main condition for preventing accidents and ensure road safety. The state and social impact on road participants in order to form sustainable stereotypes of law-abiding behavior on the streets and roads of our country are still under the insufficient level. In turn, it causes the undisciplined behavior of the participants in the movement on the roads, the negligence attitude to the execution of superimposed administrative penalties. Weightful impact on road participants in order to increase responsibilities of responsibility is possible by solving the following tasks of integrated control violations of traffic rules:
1. Control of the behavior of road participants in terms of PDD compliance;
2. Control of the execution of designated recovery for traffic violations.
The solution of the designated tasks should be made with possibly more complete the interests of citizens. The solution of the first task is carried out using special technical means of automatic fixation of administrative offenses. The introduction of photo-video phixation tools increases the amount of disorders from 30 to 80 percent of the total number of fixed disorders. However, on the path of solving this problem, the problem of combining into a unified system of processing center for data of administrative materials on violations of traffic rules recorded by special technical means With features of photo and filming, video recordings operating automatically and the subsystem of administrative practice. At the same time, often regional CAFs are built on heterogeneous equipment, which, on the one hand, is due to such a positive phenomenon, as the development of these systems during universal technical progress, on the other hand, it is difficult to standardize and integrate these systems. The solution of the second task, in turn, is a complex of organizational and technical measures aimed at organizing the operational cooperation between the traffic police with citizens and third-party structures. The basis of the interaction should be a closed information system, providing traffic police efficient interaction:
1) with Russian Post in terms of the transfer of decisions on offenses, recorded in automatic mode, and obtaining the status of a hand;
2) with citizens in terms of providing information on the presence of unpaid fines for administrative offenses and information about these offenses;
3) with financial institutions in terms of obtaining information on the status of payment of decisions and information transfer to provide its citizens;
4) with divisions by the Federal Bailiff Service in terms of the transfer of cases of unpaid fines;
Also, a closed information system provides an operational provision of actual information from the DPS on the presence of unpaid penalties. The implementation of a closed information system of such a level in our time is significantly simplified, as it relies on successfully solved infrastructure tasks: Application electronic signature Allows you to move from paper document management to electronic, and, therefore, significantly speed up the exchange of data, our own information systems are successfully operating in many structures, and the tasks of the interaction organization are reduced to the integration of heterogeneous information systems without the need for additional translation to electronic document management Business processes in these systems, the capacity of modern equipment is enough to build effective regional-level data centers with minimal costs, the availability of successful experience in the integration of heterogeneous systems. The introduction of a closed information system of interaction not only solves the above-mental states of the traffic police, but also creates a reliable basis for further construction of specialized systems for automating operational-search departments and departments of the Ministry of the Interior.
The road safety management system is a complex structure of interrelated elements of the Ministry of Internal Affairs of the Russian Federation.
The need to comprehensively improve public administration, bringing it in line with the new conditions and objectives of the current stage of the development of society requires new theoretical research of management problems.
Modern constitutional state Could not function without regulatoryly established state administration procedures. Regulatory regulation of the road, subsystem of preparation and service, organization of work of the latter is the main tasks of the third highest level - the management subsystem of public administration in the field of road safety. It is formed by the bodies of the representative (legislative and executive) power of the federal and regional level, local government bodies within the competences established for them as subjects to ensure road safety by the current legislation.
The legal basis for the provision of public safety in the field of road traffic is the norms of the Constitution of the Russian Federation, the Law on Safety, the Federal Law on Road Safety and other regulatory acts regulating relations in the field of public security. The Federal Traffic Safety Act determines the legal framework for ensuring road safety in the Russian Federation. In particular, fixes the main directions public Policy, directions to create conditions that contribute to providing public security, distinguishes the competence of organs of various levels of management, establishes the functions of supervision and monitoring the observance of legal prescriptions.
The next level of regulatory regulation is the subtitle acts specifying legislative prerequisites and regulating the main provisions of road safety activities. These include: the Regulation on the Government Commission for Ensuring Road Traffic Safety, the Regulation on the traffic police of the traffic police of the Ministry of Internal Affairs of Russia, the Regulation on the Federal Transport Supervision Service, the procedure for conducting a state technical inspection of vehicles registered in the State Traffic Safety Inspectorate of the Ministry of Internal Affairs Russia, etc.
The legal literature holds an erroneous understanding of the departmental regulatory act as a specific type of application of the right in the form of regulatory regulation of the organization of divisions included in their system. However, more correct, in our opinion, is another point of view, according to which the departmental regulatory act not only regulates intorganization, intra-service relations, but also is the nature of the document of the general (generally binding) action. This corresponds to the official position of the State Duma of the Federal Assembly of the Russian Federation, expressed in one of the rulings. According to the resolution, the departmental regulatory legal act-- a written official document adopted (published) in a certain form of a law-standing body within its competence and aimed at establishing, changing or canceling legal norms.
By virtue of this, the departmental rules of the Ministry of Internal Affairs of Russia has a noticeable impact on legal forms ensuring the rule of law in the field of road traffic. However, it is necessary to recognize that one of the fundamental deficiencies of the system of regulatory regulation of social relations in the studied area is that they are governed by a plurality of acts of various levels that do not have a clear relationship between themselves and often containing contradictory requirements.
The inept determination of the methods of administrative and legal regulation, manifested in arbitrary combinations in the form of management, stimulating, prohibiting and other rules, does not meet the requirements of the time to improve public legal regulation, both in the interests of society and the state and citizens.
Undoubtedly, the COAP of the Russian Federation is the basis for legal regulation of road safety, and therefore much depends on its quality and implementation. However, for a short period of its actions, a number of significant drawbacks (gaps, internal contradictions) were revealed. Administrative penalties established by the Administrative Code of the Russian Federation are not always proportionate to the severity of the consequences that may occur as a result of the competence. Part of the provisions do not fully prevent offenses. In this regard, it is necessary to make changes to the COAMA of the Russian Federation, aimed at regulating the procedure for conducting the examination of citizens to find them in a state not only alcohol, but also a narcotic or other intoxication.
The implementation of some provisions of the COAP of the Russian Federation has a number of difficulties in law enforcement practice. For example, the qualifications of offenses provided for in Part 3 of Art. 12.7, it is possible only when it is proved that the driver knew that the person who he had reported was not to have such a right or deprived him. When implemented, the question of the qualification of the driver's actions remains unresolved, who did not know the absence or deprivation of a person's right to control the vehicle. In this regard, it seems necessary to supplement Art. 12.7 of the Code of the Russian Federation part 4 of the corresponding content. It is impossible to disagree with Yu. P. Solovy, rightly noted that obvious ill-impaired, inconsistency, and the error in a number of conceptual provisions of the Code of Administration of the Russian Federation do not leave doubts that the theory of administrative and delicate law is at least in the part that It turned out to be mastered by the developers of the official project of the CACAP, still worth it, more precisely, turns on the spot. In Russia, at the federal level there are more than 1000 acts to ensure road safety of various legal force. In addition, certain aspects of the activities are governed by the regulatory legal acts of the authorities of the constituent entities of the Russian Federation.
An important step was to introduce the provisions to the domestic legislation, allowing to be involved in the responsibility of vehicle owners based on the results of the use of audio, photography and video confixation of offenses in the field of road traffic. The experience of using these funds shows their noticeable contribution to the prevention of an accident with severe consequences and an increase in the discipline of drivers. Therefore, it is assumed to expand the scope of applying technical means of fixing violations, spreading such control systems for violations associated with the departure of the counter movement, passing to the prohibition signal of the traffic light, failure to provide advantage in motion, including pedestrians, and other types of violations.
However, up to date, there are no norms that regulate the coordination of the activities of the executive authorities in the field of road safety. To effectively solve these problems, it is necessary to intensify the work in the State Duma to consider a number of topical bills aimed at improving road safety. Among them:
№ 67439-6 "On Amendments to Article 12.24 of the Code of Administrative Offenses of the Russian Federation" (on strengthening responsibility for violating the rules of road traffic or operation of the vehicle, which caused the causation middle severity harm to the health of the victim);
№ 18173-6 "On Amendments to the Code of the Russian Federation on Administrative Offenses" (about clarifying liability for departure in violation of road traffic rules, intended for the oncoming movement, or on the tram routes of the oncoming direction, as well as for movement in the oncoming direction Road S. one-sided movement);
No. 479619-5 "On Amendments to Article 264 of the Criminal Code of the Russian Federation" (on the issue of increasing criminal liability for violation of the rules of the road and the operation of vehicles committed by the person inxicated). (Analytical Bulletin 26 (469) 2012)
We should not forget that the implementation of the decisions of legislative and executive bodies to ensure road safety, an increase in the effectiveness of the fight against offenses, to strengthen communication with the population and legality in official activity today is impossible without a significant improvement in the work of the traffic police inspectors.
First of all, these are new approaches to solving modern problems of increasing responsibility and professionalism, and then reform the organization of activities aimed at changing style and work methods. The performance of road safety functions is impossible without the availability of proper powers from the traffic police officer, which, on the one hand, express his duty to act accordingly, the appearance and measure of due behavior, and on the other, it is assumed to require it to demand from other subjects of subordination to legal orders, The right to the inadmissibility of interference in his work activity. Hence the mandatory subordination of citizens, officials, enterprises, institutions, organizations, legal orders of employees of internal affairs bodies to ensure road safety.
The question of the social protection of traffic police officers remains relevant. Availability of decent wages, housing, privileges for treatment professional diseases And more significant protection by law will contribute to objectivity and honesty in the implementation of the authority provided. In this regard, it seems that issues related to the provision of safety on the roads must be solved in a complex with improving the work and social security of traffic police officers.
Laborative requirements for road safety, constituting a significant part of the Federal Traffic Safety Act remain unexpected. The sending nature of the provisions was not received by the prospects in subtituer regulatory legal acts. Today it is possible to include provisions regarding the definition of duties and responsibilities of street owners and roads responsible for the arrangement and operation of service facilities on roads, as well as the order of temporary limit or stopping the movement of vehicles on the roads, organization of parking space, etc. Supplementary Regulation requires issues related to increasing the level of safety of passengers by road, with an arrival organization system place of accident and providing primary assistance to victims
In a clearer legislative definition, a system of legal regulation of issues of establishing and complying with labor and recreation regimes, pre-trip and post-track medical examinations of drivers of transport organizations are needed. The problem of licensing educational activities for the preparation, retraining and training of vehicle drivers has retained its relevance.
It should be noted that the most important component state system Road safety management is the presence of a stable and sufficient on the volume of the target source of financing. Ensuring road safety is a long-term task associated with permanent financial investments, which requires stable long-term sources of budget and extrabudgetary funds. The issue of sources and financing mechanisms should be resolved at the legislative level by creating a federal specialized road safety fund.
The main practical activity of the authorities to ensure road safety is currently concentrated at the regional level. In 72 subjects of Russia, regional road safety programs are developed and implemented. It is the regions that have a basic resource (although not enough to reduce accidents by applying a program-targeted approach to an increase in road safety, the implementation of permits and control and supervisory functions. One of the important areas of improving the domestic management system in the field of road safety, as it seems to us, is the creation of a state mechanism for managing regional projects and programs, which includes the development of regional program requirements, assess the effectiveness of projects of these programs and stimulating the implementation of the most effective projects. Ensuring the safety of road traffic, public safety and public procedure is carried out in the process of unified activity (primarily administrative and supervisory) bodies of state authorities (federal and constituent entities of the Russian Federation), local governments.
Ignoring the marked aspects of road safety activities led to a decline in the overall level of departmental services. However, the problem is not the exhaustion of reserves of centralized management methods, but in the adaptation of the system to changed conditions. We believe that it is necessary to make tough changes to administrative legislation to ensure road safety and restructuring the management structure of all components in the field of traffic safety.
Introduction
Chapter 1. Road safety as a type of public safety
1.1 Concept, types of public security. Road safety, legal basis for its collateral
1.2 Legal status Authorities ensuring the safety of road traffic and the organization of their activities
1.3 Administrative legal coercion as a means of road safety
Chapter 2. Administrative responsibility for offenses in the field of road
2.1 Analysis of road safety. Types of offenses in the field of road traffic
2.2 Concept, signs of administrative responsibility. Administrative punishments for offenses in the field of road
2.3 Production on Independent Offenses in Road
Conclusion
Bibliographic list
Applications
Introduction
High rates of motorization acutely designated the problem of ensuring road safety in the Russian Federation. On November 15, 2007, a meeting of the Presidium of the State Council of the Russian Federation was held, at which the issue of improving government in the field of road safety was considered.
Speaking at a meeting of the State Council, the President of the Russian Federation noted that in road traffic accidents "digest, they lose their health and fell those who relate to the most able-bodied part of the population. These are absolutely irreplaceable losses for us for the future of the country. "
Positive trends in the socio-economic development of the country, growth material support Citizens directly affect the acceleration of the rate of motorization. According to the State Safety Inspectorate of the Road Movement of the Nizhny Novgorod Region, by the beginning of 2009, there were 985471 vehicles. For 2008, their number increased by 66151 units, or 7.2%.
Together with this one of the most important negative parties to motorization is road traffic injuries.
Accident in road transport has become one of the most important socio-economic problems in most countries of the world.
It is not by chance that the situation with the safety of the road traffic United Nations is characterized as a global crisis.
In the current conditions, the role of state bodies ensuring road safety increases, namely the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, which within its competence performs control, supervisory and individual permits in the field of road safety.
The complexity and multi-facetedness of public relations, developing in the field of road safety, determine the presence of a large number of regulatory legal acts of various legal force governing the activities of the traffic police of the Ministry of Internal Affairs of the Russian Federation in this area.
The purpose of this work is to study administrative and legal resources that ensure road safety.
To do this, we need to solve a number of tasks: to consider road safety, as a type of public security; Analyze legal support road safety; Reveal the role of the traffic police of the Ministry of Internal Affairs of the Russian Federation in ensuring road safety.
ChapterI.. Road safety as a type of public safety
1.1 Concept, types of public security. Road safety, legal basis for her Property
According to the Law of the Russian Federation of March 5, 1992, the security of the vital interests of the person, society and the state from external threats is understood as security. According to the concept of national security of Russia, under such a sense of its multinational people as a carrier of sovereignty and the only source of power in the Russian Federation. Vital interests include needs, the satisfaction of which reliably provides the existence and possibility of progressive development of the personality, society and the state.
Under the threat of security, the combination of conditions and facts that create the danger of vital interests of the individual, society and the state, the real and potential threat of danger objects, emanating from the internal and external sources of danger, is understood. Safety objects include: Personality - Her rights and freedoms; Society is its material and spiritual values; The state is its constitutional system, sovereignty and territorial integrity. Safety is achieved by the Unified State Security Policy, the system of measures of an economic, political, organizational legal and other nature, adequate security threats.
To create and maintain the necessary level of security protections, a system of legal norms regulating relationships in the field of security is developed, the main areas of activity of state security bodies and the mechanism of control and supervision for their activities are determined. To directly perform the functions for ensuring the safety of personality, society and the state in the executive system, state security bodies are formed.
In addition to the executive authorities, subjects of provision are representative and judicial authorities, local government bodies, and citizens, public organizations and other associations with rights and responsibilities for security. The state provides legal and social defense Citizens, public and other associations that assist in ensuring security. The basic principles of security are:
Legality;
Compliance with the balance of vital interests of the individual, society, states;
Mutual responsibility of personality, society and states to ensure security;
Integration S. international systems security.
In ensuring security, it is not allowed to limit the rights and freedoms of citizens, with the exception of cases directly stipulated by law. Citizens, public and other organizations and associations have the right to receive explanations about limiting the rights and freedoms of organs providing security. At their request, such clarifications are given in writing and the deadlines established by the legislation. Officials that have exceeded their powers in the process of security to ensure legal responsibility.
Ensuring the safety of personality, society and states are carried out in accordance with the laws and other regulatory acts regulating relations in the field of security. Legal basis Security ensure: The Constitution of the Russian Federation, the Law of the Russian Federation "On Security", the Law of the Russian Federation "On Emergency", the Constitution, laws and other regulatory acts of the republics as part of Russia and regulations of the bodies of representative and executive authorities of the region, regions, autonomous region , cities of federal significance, autonomous districtsadopted within their competence in this field; International treaties and agreements concluded or recognized by the Russian Federation.
Since we are talking about security, which is one of the interdisciplinary management areas, the public relations that are in this area are managerial and mainly regulated by administrative law. Administrative and legal norms define the security system and its function, establish the procedure for organizing organs directly providing security, determine their administrative-legal status.
The security system is the legislative, executive and judicial authorities, public, public and other organizations and associations, local governments, citizens who participate in security in accordance with legislation, as well as legal norms regulating safety relations.
The main functions of the security system are:
Identifying and predicting internal and external threats to the vital interests of security objects;
Implementation of the complex of operational and long-term measures to prevent and neutralize them;
Creation and maintenance of security forces and security tools;
Management forces and security tools in everyday conditions and emergency situations;
Implementation of a system for restoring the normal functioning of security objects in regions affected by occurrence emergency;
Participation in security events outside the Russian Federation in accordance with international treaties and agreements concluded or recognized by the Russian Federation.
The implementation of these safety enforcement functions is carried out on the basis of the delimitation of powers of legislative, executive and judicial authorities in this field.
Federal Assembly - Parliament of the Russian Federation, develops a system of legal regulation of security relations; The Federation Council approves the decrees of the President of the Russian Federation on the introduction of the Military situation and the introduction of a state of emergency; Considers the federal laws on ratification and denunciation adopted by the State Duma international treaties and security agreements and others. The State Duma defines the budget allocations for the funding for the security of security programs in the field of security, adopts laws and ratification and denunciation of international treaties on security issues.
The norms of administrative law enshrine a wide range of enforcement measures applied by the public administration to ensure the rule of law.
Administrative legal coercion measures and forced measures established by administrative law should be distinguished.
Administrative and legal coercion is one of the types of legal coercion. Therefore, it is inherent in all signs of the latter (this is law enforcement, it is designed to ensure the protection of the law and order, is implemented within the framework of protective legal relations, etc.). At the same time, it has a number of features whose system and predetermines its qualitative originality:
measures administrative coercion applied in connection with antisocial acts (as a rule, administrative admistrative and forced funds;
Administrative legal coercion is carried out within the framework of non-serving subordination in the absence of organizational, linear subordination between the parties to this protective legal relationship. It is applied by the subjects of the public functional power and is one of the ways to implement the functional power;
The multiplicity and diversity of entities engaged in administrative jurisdiction, another important feature. Advanced administrative measures are entitled to dozens of bodies.
Not only individual individuals, but also organizations, collective subjects are exposed to administrative influence.
Administrative and legal coercion is comprehensively governed by administrative and legal norms that enshrine the types of coercion measures, the grounds and the procedure for their use.
Administrative legal coercion is a special type of legal coercion, consisting in applying the subjects of the public functional authorities established by the norms of administrative law for compulsory measures due to unlawful actions. It plays an important role in the protection of law and order, and it should be noted on its preventive importance in the fight against offenses. First of all, this is due to the fact that the internal affairs bodies, state inspections And other actuators of the executive power systematically monitor compliance with the relevant rules and can respond in a timely manner to their violation.
Administrative coercion is designed to provide execution of the rules of behavior expressed in administrative legal norms. However, administrative coercive measures are applied to ensure compliance with not all without exception to administrative legal norms, but only those that form generally binding (not having departmental boundaries) rules of behavior in the field of public administration. The rules of the road can be attributed here.
Thus, being a kind of state coercion, administrative coercion is mainly used as a means of ensuring and protecting public law, providing public security.
The name of compulsory measures itself indicates that they are mostly administrative, i.e. extrajudicial, order of their application. The use of these measures is attributed in most cases to the competence of the executive bodies and their officials, and not all without exception, but only those that are specifically endowed with relevant powers. However, individual administrative coercion measures can be applied only by judges. In this regard, it can be divided into those that can be used in an extrajudicial manner and on those that can only be applied in court.
The issue of administrative and legal norms regulating the application of administrative coercion measures is extremely important. It is definitely that their use to one degree or another limits the rights and freedoms of citizens. In this, apparently, there is nothing terrible, since in accordance with the Constitution of the Russian Federation, the rights and freedoms of citizens may be limited to the extent that it is necessary in order to protect the foundations constitutional system, morality, health, rights and legitimate interests of other persons. But it is necessary that such restrictions are provided federal law Art. 55 of the Constitution of the Russian Federation. "
Consequently, the grounds, conditions and procedure for the implementation of administrative coercion measures, a list of measures allowed to use in certain cases, authorities authorized on their application - all this should be determined only by the norms of federal laws.
An analysis of legal acts that establish administrative coercion measures shows that they can be divided into three groups by intended purpose:
Administrative and preventive measures;
Administrative preventive measures;
Administrative responsibility measures.
Measures of warnings are a variety of funds aimed at preventing offenses and other harmful consequences. Despite the pronounced prophylactic nature, such measures are carried out in a compulsory manner in the process of one-sided implementation of legally authority powers of the executive authorities and their officials. Administrative and preventive measures are expressed, as a rule, in the form of certain restrictions and prohibitions, which, in turn, also characterizes their forced nature. Administrative and preventive measures are not related to the commission of offenses, but aimed at their prevention, these measures are preceded by the use of other administrative coercion measures implemented in cases of administrative offenses.
Administrative and preventive measures are quite diverse, they are used by various actuators of the executive system in many areas of public administration.
The following administrative and preventive measures are applied in the field of safety of road safety:
check among citizens and officials certifying identity documents (if there is sufficient grounds);
in the event of a threat to public safety, it is temporarily limited or prohibited by traffic and pedestrians on the streets and roads;
stop vehicles and check the documents for the rights of use and management of them, as well as documents for the vehicle and the cargo transported;
with the participation of drivers or citizens accompanying cargo, to inspect the vehicle and cargo.
When applying the above-mentioned administrative-possession of the executive officers of the executive authorities, the Administrative Offense Protocol is not compiled.
Administrative preventive measures are applied to terminate unlawful actions and prevent their harmful consequences.
In order to ensure road safety, the following measures are applied:
Delivery;
Administrative detention;
Inspection of a vehicle in physical face;
Seizure of things prohibited by turnover or limited in it and documents;
Removal from the management of the vehicle;
Medical examination in the state of alcohol intoxication;
Detention of the vehicle and the prohibition of its operation;
Vehicle arrest.
Delivery is a compulsory transformation of an individual in order to compile a protocol when it is impossible to compile directly at the site of identifying an administrative offense in staff only Authority of the internal affairs (militia) or other office space.
The delivery time is not provided, however, it is fixed that delivery must be carried out in a possible short period. The delivery is drawn up the protocol or appropriate entry in the Administrative Offenses Protocol.
According to legal Nature The delivery of the intruder is an integral part of such procedural normas administrative detention.
Administrative detention is, in fact, a short-term restriction of the freedom of individual and can only be applied in exceptional cases.
The purpose of administrative detention as measures to ensure the proceedings in the case of an administrative offense is to establish the personality of the offender, drawing up a protocol on an administrative offense, when its compilation is mandatory, but on the spot it is impossible to draw up the protocol.
The basis of the application of administrative detention is only the commission of an administrative offense.
The Administrative Detention includes a protocol, which indicates the date and place of its preparation, position, surname and initials of the person who has made a protocol, information about the delayed face, time, place and motives of detention.
At the request of the person subjected to administrative detention, relatives, the administration at the place of work or study, and the defender must be notified of his location in the shortest possible time.
The term of administrative detention should not exceed three hours or not more than 48 hours, in case, in relation to the person, proceedings are underway in the case of an administrative offense, entailing as one of the measures administrative punishment Administrative arrest.
The term of administrative detention is calculated from the moment the offender delivered to the office space of the internal affairs bodies or to another official room. For people detained in a state of intoxication, the term begins to calculate since their destruction.
In order to detect traces of offense and material evidence that are important to the case, authorized by persons (Art. 27.2, 27.3 of the Code of Administrative Offenses of the Russian Federation) can carry out the vehicle.
Look inspection is a vehicle survey without a violation of its constructive integrity.
The inspection is made in the presence of two understanding and persons, in whose conduct is the vehicle.
In cases not tolerant, the inspection of the vehicle can be produced in the absence of the owner. When inspection
the vehicle must be provided with its safety and commodity appearance. The inspection of the vehicle includes the protocol of Art. 27.9 Code of Administrative Code ..
The withdrawal of things that are instruments of committing or subjects of administrative offense, and documents that have the importance of evidence in the case of an administrative offense and detected at the site of the administrative offense or in carrying out personal inspection, inspection of things in physical face, and the inspection of the vehicle is carried out by persons specified in Art. 27.2, 27.3, 28.3 Administrative Code of the Russian Federation, in the presence of two witnesses.
A protocol is drawn up on the withdrawal of things and documents. (See Appendix No. 4).
When performing an administrative offense, which enhanced the deprivation of the right to manage the vehicle by the driver, is removed before making a decision on the case of an administrative offense driver's license and is issued a temporary permit for the right to manage the vehicle prior to the legal force of the decision on the administrative offense.
Order of the Ministry of Internal Affairs of Russia dated August 1, 2002 No. 720 "On the implementation of the Decree of the Government of the Russian Federation of June 28, 2002 No. 472" Registered in the Ministry of Justice of the Russian Federation on August 27, 2002 No. 3745 approved the form of a temporary permit for the right to control the vehicle. (See Appendix No. 5).
Removal from the management of the vehicle, i.e. Prohibition of the person to perform actions, as a result of which the vehicle can be given in motion, should be considered as a measure aimed at preventing the offense.
As a basis for the use of removal from driving a vehicle, several illegal acts are provided:
Driving a driver that does not have documents for the right to control them registration documents to the vehicle, as well as documents confirming the right of ownership, use or disposal by the vehicle managed by the vehicle in the absence of its owner of Part 1 of Art. 12.3 Code of Administrative Code;
By controlling the vehicle with a deliberately defective brake system (with the exception of the parking brake), steering or coupling device (as part of the train) Part 2 of Art. 12.5 of the Administrative Code;
Driving a driver who does not have the right to control the vehicle (with the exception of the educational ride) part 1 of Art. 12.7 of the Administrative Code;
Transportation of the vehicle driver, deprived of the right to control the vehicle "Part 2 of Art. 21.7 of the Administrative Code of the Russian Federation.
In these cases, persons are subject to removal from the management of the vehicle before eliminating the causes of the removal.
The protocol is drawn up on the removal of the vehicle management, a copy of which is awarded to a person in respect of which this measure is applied to ensure the proceedings on the administrative offense.
Such a measure of ensuring the proceedings on the administrative offense as a medical examination on the state of alcohol intoxication is the most applied traffic police officers.
The examination on the state of alcohol intoxication can be carried out by the traffic police officers using indicator tubes "Control of sobriety". The change in the color of the tube filler with yellow to green indicates the presence of an alcohol examined in the body, and in the height of the color of the filler by comparing with a color school instruction of the memo, the alcohol content in exhaled air is determined. When examining an examination on the state of alcohol intoxication using indicator tubes "Sober control", the presence of two witnesses is necessary, and the tube must be opened by a traffic police officer immediately before applying in the presence of a person surveyed and two witnesses.
If the driver does not agree to conduct a survey with the use of an indicator tube "Control of sobriety" or was a member of a road accident, as a result of which there are victims or substantial material damageIn such cases, a survey is carried out in a medical institution.
The procedure for the citizen's direction for a medical examination in a stationary medical institution and the procedure for conducting this examination was governed by the "Instructions on the procedure for the direction of citizens to examine to establish intoxication and conducting a survey", approved on June 29, 1983 of the Ministry of Internal Affairs of the USSR, the Ministry of Health of the USSR and the Ministry of Justice of the USSR. But it has lost its strength and is currently replaced by "temporary instructions on the procedure for medical examination to establish the fact of drinking alcohol and the state of intoxication, approved by the USSR Deputy Minister of Health on September 1, 1988 (No. 06-1433-14). There were no later documents regulating the procedure for medical examination of drivers until July 14, 2003, when the order of the Ministry of Health of the Russian Federation No. 308 "On Medical Examination for Inxication" was published (as amended by the Order of the Ministry of Health and Social Development of Russia of September 7, 2004 No. 115 and on January 10 2006 No. I) Bulletin of regulatory acts of federal executive authorities. 2003 Number 28; 2004 Number 40; 2006 No. 9, which was approved by new forms, new instruction According to a medical examination on the state of the person, which manages the vehicle, as well as, most importantly, the criteria, in the presence of which there are sufficient reason to believe that the driver of the vehicle is in a state of intoxication and is subject to a medical examination. These criteria are as follows:
Alcohol smell of mouth;
Instability poses;
Violation of speech;
Pronounced finger trembling;
Sharp change in the color of the face of the face;
The behavior that does not match the situation.
With amendments to the order Order of the Ministry of Health of the Russian Federation No. 308 "On Medical Examination of Inxication" (as amended by the Ministry of Health and Social Development of Russia of September 7, 2004 No. 115 and on January 10, 2006 No. 1) there was such a criterion as the presence of alcohol in exhaled Air defined by technical means of indication, registered and allowed for medical use and recommended for a medical examination for intoxication.
During the direction of a person to the medical examination, the traffic police officer is a protocol. (See Appendix No. 6). Appendix No. 3 to Order No. 308 dated July 14, 2003, "Instructions for conducting a medical examination on the state of intoxication of a person, which manages the vehicle, and filling out the accounting form 307 / y," which is referred to as an act of medical examination. (See Appendix No. 7).
Medical examination of intoxication can be carried out only in health care organizations licensed on the basis of the "Regulations on Medical Licensing" approved by the Decree of the Government of the Russian Federation No. 499 of July 4, 2002.
Examination of citizens medical workers Middle education is prohibited.
Based on Annex No. 3 of the Order of the Ministry of Health of the Russian Federation No. 308 dated July 14, 2003, the conclusion of the presence of alcohol intoxication is made if the concentration of alcohol, in the blood of the examined is 0.03 ppm 11 of Appendix No. 3 of the Order of the Ministry of Health of the Russian Federation No. 308 of July 14, 2003 .
The detention of the vehicle, the prohibition of its operation provides for the application of two measures to ensure the proceedings on administrative offenses.
Vehicle detention is made in cases:
* Driver management by a driver who does not have documents for the right to manage it, registration documents for the vehicle, and equals documents confirming the right of ownership, use or disposal by the vehicle managed by him in the absence of its owner - part 1 of Art. 12.3 Code of Administrative Code;
Controlling the vehicle with a deliberately defective brake system (with the exception of the parking brake), steering or coupling device - Art. 12.5 of the Administrative Code;
Driving a driver who does not have the right to manage the vehicle (with the exception of an educational ride), the driver management by the driver, deprived of the right to manage the vehicle - h. 1.2 Article. 12.7 of the Administrative Code;
Controlling the driver by the driver who was in a state of alcohol intoxication - part 1 of Art. 12.8 of the Administrative Code;
Violations of the rules of stopping or parking vehicles on the roadway, which caused the creation of obstacles to the movement of other vehicles, as well as stop or parking the vehicle in the tunnel - part 4 of Art. 12.19 of the Administrative Code;
* Failure to fulfill the legal requirement of the police officer about the passage of medical examination on the state of intoxication - Art. 12.26 Administrative Code.
The detention of a vehicle means that the person is prohibited to exploit it, and the vehicle itself according to the decree of the Government of the Russian Federation of December 18, 2003 No. 759 "On approval of the rules of detention of a vehicle, placing it in the parking lot, storage, and the prohibition of operation" is placed on a specially equipped Protected parking.
The official who detained the vehicle is responsible for the harm caused to its owner, only in the event of unlawful detention of the vehicle. The prohibition of the vehicle operation is applied in cases:
Disorders ensuring the safety of the life and health of people, the preservation of property, environmental protection - art. 9.3 Code of Administrative Code;
Control of the vehicle who did not pass the State Technical Inspection - Art. 12.1 of the Administrative Code;
Controlling the vehicle with a deliberately defective brake system (with the exception of the parking brake), steering or coupling device - h. 2 tbsp. 12.5 Administrative Code.
When detaining the vehicle on the grounds provided for by Part 2 of Art. 12.5 Administrative Code, the operation of the vehicle is prohibited. At the same time, state registration signs are subject to removal to eliminate the cause of the proximity of the vehicle operation of Part 2 of Art. 27.13 Administrative Code.
The protocol is drawn up on the detention of the vehicle, the prohibition of its operation. Order of the Ministry of Internal Affairs of Russia of March 19, 2004 No. 187 "On the implementation of the Decree of the Government of the Russian Federation of December 18, 2003 No. 759" Registered in the Ministry of Justice of the Russian Federation on April 5, 2004 No. 5714 approved the forms of the Protocol on the detention of a vehicle (see Appendix No. 8) and the Protocol On the prohibition of exploitation of the ground vehicle (see Appendix No. 9).
The vehicle arrest is used mainly if it is impossible to seize the vehicle, or in cases if their safety can be provided without withdrawal. The purpose of the imposition of arrest is to ensure the possibility of a penalty, if it is imposed on the perfect offense.
The arrest is subject to only those products, vehicles that appeared to an instrument or the subject of an offense. The essence of this measure is that there is an inventory of goods, vehicles and other things and is prohibited to a person in respect of which this measure is applied, and whether its legal representative dispose, and if necessary and use them. It is not subject to arrest products needed by the physical person and dependent persons.
If necessary, goods, vehicles and other things that are imposed arrest are packaged and (or) are sealed.
Goods, vehicles and other things that are imposed by arrest can be transferred to responsible storage to the person in respect of which this measure is applied or other persons appointed by an official who impose an arrest. Non-compliance installed order Ownership, use and disposal of property, which is imposed by arrest (waste or concealing goods, vehicles and other things), entails for the person who is entrusted with the storage of property, the offensive of the responsibility provided for by the legislation of the Russian Federation.
The arrest of goods, vehicles and other things is compiled. (See Appendix No. 10). The protocol on the arrest of goods, vehicles and other things indicate the date and place of its preparation, the position, the name and initials that have made a protocol, negative about the person, in respect of which this measure is applied, and the person, which is the goods, vehicles And other things that are arrested, their inventory and identification features are also recorded on the use of photo and filming, video recordings and other established methods for fixing material evidence.