Introduction ...................................................................................................................... 2
Concept of law enforcement ............................................. 4
Signs of law enforcement .................................... ... 13
The main functions of law enforcement and general characteristics organs carrying it out ..................................... ... 17
The main directions of law enforcement activities in the Russian Federation ...................................................................................................................... 20
Conclusion ....................................................................................................................... .. ..22
Bibliographic list ............................................................................................ .. ... 24
Introduction:
The activities of the state and its bodies covers many spheres of state and public life. Solving problems related to ensuring the normal functioning of the economy as a whole, its industries and specific economic organizations, the implementation of foreign policy, the creation of conditions for the development of culture, science and education, maintaining the defense capability and protection of state security of the country, as well as many other functions - this is the content of this diverse and multifaceted activity.
One of the central places in it occupies the fulfillment of the tasks of ensuring the rule of law and the legality, the protection, human rights and freedoms, the protection of the rights and legitimate interests of state and non-governmental organizations, labor collectives, the fight against crimes and other offenses. These tasks are the subject of concern primarily of the state and its bodies, as in one form or another, according to, for example, in Art. 2, 7, part 1 Art. 45, Art. 71, 72, 114 of the Constitution of the Russian Federation. In particular, in Art. 2 unequivocally said: "A person, his rights and freedoms are a higher value. Recognition, observance and protection of human rights and freedoms and citizen - the duty of the state. " The same idea is contained in part 1 tbsp. 45: "The state protection of human rights and freedoms and citizen in the Russian Federation is guaranteed." In essence, these and other constitutional prescriptions require that all state bodies Performed the specified function. At the same time, citizens, of course, do not lose the opportunity to defend their rights and freedoms to defend their rights and freedoms, to actively achieve the fulfillment by government authorities assigned to them, to fully assist them.
For the overwhelming majority of state bodies, the range of their activities does not close, naturally, on the solution of these, although very important, but still specifically limited tasks - the tasks of direct protection of legality and law enforcement, the protection of human rights and freedoms, the fight against crimes and other offenses. In the foreground, they have other tasks - the solution of current and promising issues of economic construction, culture, science, education, defense capability and state security, foreign policy, economic cooperation with other countries, etc. Some functions for the protection of law enforce and legality they perform as Along the way, along with the implementation of your main tasks.
The provision of law and order and legality is specially engaged in a significantly smaller circle of organs, those that exist only or mainly to fulfill such a role. They are customary to refer to the law enforcement authorities, that is, the bodies that are designed to protect the procedure for the life and activities of the state and society, Russian citizens and other persons living in Russia, which are intended to protect the Constitution of the Russian Federation, other legislative and legal instructions.
1. The effect of law enforcement.
Law enforcement is a set of homogeneous-educated types of work performed by authorized bodies on the basis of the law, in accordance with the procedure established by law aimed at complying with human rights and freedoms.
Law enforcement activities should include such state activities, which is carried out with the aim of protecting the right to specially authorized bodies by applying legal measures to impact in strict accordance with the law and with the steady observance of the order established by it.
Unfortunately, to date, legal science has not developed a single approach to such a key and widely used in scientific literature and in practice, as "law enforcement". Lovely explanation of this fact gives prof. K.F. Gutsenko. "This concept," he writes, referring to law enforcement, is a relatively young one. It was introduced into legal everybody in the late 50s - early 60s. Compared with the age of other terms and concepts that lawyers enjoy , this is "infant" age. In part, it could be explained by the fact that the concept of "law enforcement activity" has not yet been "established." 1 If legal science continues to develop a common theoretical approach to the very concept of law enforcement, then acceptable Scientific results and developments can be expected only by the middle of the XXI century, when the "infancy" and "adolescence" period passes and the period of "maturity" will come. It is unlikely that law enforcement has such a time. While disputes and discussions are going to understand that the law enforcement Activity and which authorities should be considered law enforcement, the criminal situation turns into a real factor threatening national safely Russia.
In the light of the said theoretical analysis of the concept and content of law enforcement, the mechanisms of its implementation, the prospects and the direction of its improvement is not only a relevant scientific, but also the most important socio-political practical task. Existing scientific developments made in the framework of the theory of law and the state, administrative law, government controlled, in one way or another concerning the concept and content of law enforcement, the classification of law enforcement agencies, rather generate more questions than they give answers correctly in scientific relations. Currently, special studies on these issues are few. The characteristic of law enforcement activities is given, as a rule, either in the educational literature, as already mentioned, on the theory of state and law in the consideration of the functions of the state, or in the monographic literature on the problem of state functions. 2.
The activities of state bodies in general covers various spheres of society. These, in particular, directly or indirectly address the resolution of issues of state domestic and foreign policy, the development of the economy, the well-being of the population, creating conditions for maintaining the defense capability, the development of science, culture, education, law enforcement, the fulfillment of other important functions, especially to ensure security.
In accordance with the editors of Art. 1 of the law "On Security" under security is understood as the state of the protection of the vital interests of the person, society and the state from the internal and external threats. Vital interests are a set of needs, the satisfaction of which reliably provides the existence and possibility of progressive development of the individual, society and the state. The main security objects include: personality - its rights and freedoms; Society is its material and spiritual values; The state is its constitutional system, sovereignty and territorial integrity. The main security entity, according to Art. 2 of this law is a state that performs functions in this area through the agencies of the legislative, executive and judicial authorities. The state in accordance with the current legislation ensures the safety of each citizen in Russia. In addition, the state guarantees protection and patronage of citizens of the Russian Federation, which beyond its limits.
The range of activities of most government agencies is not limited to solving problems for the implementation of law enforcement, i.e. Direct protection of legality and law enforcement, state security, protection of human rights and freedoms and citizen, combating crimes and other offenses. Some functions on the protection of legality and law enforcement, they perform conjugately with basic functions. The central place in the implementation of law enforcement activities is assigned to law enforcement agencies, which are specially dealt with such issues. These are those organs that exist mainly or mainly - to implement law enforcement.
In the Constitution of the Russian Federation, the concepts of "law enforcement agencies" and "law enforcement" are not disclosed. In art. 72 It is noted that in joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation (paragraph "L") frames of judicial and law enforcement agencies, advocacy, notaries. From this edition, it is possible to draw conclusions that judicial authorities, notaries and the lawyer do not relate to law enforcement agencies or relate, but have their own specific features. E.P.Grigonis believes that "in this constitutional norm emphasizes the difference between government law enforcement agencies, both from the court and from the advocacy and notary." This editors and the conclusion made from it will be taken into account by us when considering the subject of our research.
The tax police and customs authorities are related to law enforcement agencies without any explanation. There is no exhaustive formulation of the concept of "law enforcement" and "law enforcement agencies" and in the decrees of the President of the Russian Federation. So, in the position "On the coordination of law enforcement activities in the fight against crime", approved by the Presidential Decree of April 18, 1995, it is about coordination of the activities of the internal affairs bodies, the federal security authorities, other federal bodies in order to increase the effectiveness of crime control . The concept of national security of the Russian Federation ", approved by the Presidential Decree of December 17, 1997 No. 1300, used, for example, the phrase" law enforcement and other spheres of state activity. "The phrase" law enforcement "and" law enforcement "can be found in various documents of an abnormative nature . For example, in federal target programs to strengthen the fight against crime, law enforcement activities, law enforcement system, about the "interaction of law enforcement agencies" are referred to. These concepts are also applied in other documents to designate state bodies to which the obligation is entrusted mainly by law enforcement. Activities.
At the same time, immanently the solution of the tasks related to law enforcement, in general, the Constitution of the Russian Federation directly assigned to the state and its bodies. This in one form or another is stated in all chapters of the Basic Law. For example, in Chapter 1, in which the foundations of the constitutional system are determined, in chapter 2: "human rights and freedoms and citizen", in Chapter 3: "Federal Device", 4: President of the Russian Federation, "5:" Federal Assembly ", 6 : "Government of the Russian Federation", 7: "Judicial power", 8: "local self-government". In particular, in Art. 2 identified: "Man, his rights and freedoms are a higher value. Recognition, respect and protection of human rights and freedoms and Citizen - the duty of the state. "The same idea is contained in part 1 of Art. 45:" The state protection of human rights and freedoms and a citizen in the Russian Federation is guaranteed. "
In itself, the concept, expressed in the phrase "law enforcement", can also be said, "not established". There are different discussions around him. As noted, it does not contribute to the specification of this concept. No clear installations in current legislation.
In the Soviet Encyclopedic Dictionary to law enforcement agencies include state bodies, the main or special function of which is the protection of legality, strengthening the rule of law, the fight against crime and other offenses, as well as we believe it is necessary to supplement state and public security.
As you know, among various scientists there are various definitions of the concept of law enforcement. The usual and often occurring is the activity of law enforcement agencies, the courts, prosecutors aimed at maintaining legality and order and, first of all, to combat crime. Named activity regulates the behavior of people and organizations. In general, law enforcement aims. It includes the protection of any legitimate rights and interests of citizens, states, public organizations in all spheres of society.
The concept and signs of law enforcement. Tasks and system of law enforcement agencies: general characteristics.
Protection of the rights and legitimate interests of the individual, society and state is a function legal state. Performance of this function is provided by the specially created law enforcement agencies, and the activities of these bodies for the implementation of this function are called law enforcement.
Law enforcement- this is the activities of the state in the person of its specially authorized bodies on the protection of human rights and freedoms and citizen, the protection of the rights and legitimate interests of society, the states, public and other associations of citizens, the fight against crime and other offenses, to provide citizens if necessary for qualified legal assistance and Ensuring access to justice.
In scientific literature there are other definitions this concept. So, L. K. Sawyuk determines law enforcement agencies as powerful - organizing the activities of the competent authorities and persons aimed at protecting the rights and freedoms of citizens, ensuring the legality and law enforcement in society. A Guzenko K. F. and Kovalev M. A. By law enforcement, the activities that are carried out in order to protect the right to specially authorized bodies by applying legal measures to impact in strict accordance with the law and with strict compliance with the procedure established by them.
For law enforcement, the following signs are inherent ( scheme 1.).
Signs of law enforcement
1) type of state activity, target \u003d\u003e Protection of the right
2) is carried out not by all authorities state power, but only specially authorized bodies for which law enforcement function is the main content of their activities
3) this is a special kind legal activities \u003d\u003e carried out in legal forms, in the manner prescribed by law, complying with certain procedures
4) is carried out by applying measures state coercion (for example, detentions, criminal prosecution, bringing to legal responsibility etc.)
5) solutions and actions of law enforcement agencies and officials engaged in law enforcement activities adopted within their competence and in accordance with the law are required for citizens, bodies and organizations that they are addressed
Law enforcement activities in the state aims to protect the person, its rights and freedoms, the protection of society, its material and spiritual values, the protection of the state, its constitutional system, sovereignty and state integrity. These tasks are solved in the process of implementing law enforcement agencies of the corresponding functions.
Law enforcement functions- The main activities of law enforcement agencies aimed at protecting the rights and legitimate interests of the individual, society, states from unlawful encroachments.
The main functions of law enforcement include:
1. Detection and investigation of crimes and offenses
2. Organizational support activities of courts
3. Provision of legal assistance
5. Constitutional control
6. Departure of Justice
7. Prevention of crimes and offenses
8. Execution court decisions
9. Ensuring law and order and security in the Russian Federation
Constitutional control It occupies a special place in law enforcement. This function is carried out by the Constitutional Court of the Russian Federation. A task Constitutional Court The Russian Federation is to protect the foundations of the constitutional system, fundamental rights and freedoms of man and citizen, ensuring the supremacy and direct actions of the Constitution of the Russian Federation in the Russian Federation.
Departure of justice- this is the activities of specially created state bodies - courts for the consideration and resolution of various categories of cases (civil cases, permitting economic disputes, criminal cases, administrative and other cases, judged ships formed in accordance with the Federal Constitutional Law) within their competence and submission to It is legal, reasonable and fair decisions. To implement this function in the Russian Federation, a system has been created federal courts general jurisdiction, federal system arbitration courts And global judges in the constituent entities of the Russian Federation.
Organizational support of courtsis to implement the activities of personnel, financial, logistical and other nature aimed at ensuring normal operation judicial bodies and the creation of conditions for the full and independent adventure of justice. Organizational support of the activities of federal courts of general jurisdiction, arbitration courts, judicial community bodies, ensuring the wage of global judges and social payments provided for judges by federal laws and ensuring in need of improvement housing conditions World judges with residential premises, the formation of a single information space of federal courts and world judges is entrusted to the judicial department at Supreme Court RF.
Prosecutor supervision -the direction of law enforcement, carried out on behalf of the state by specially authorized officials - by prosecutors. Prosecutor's supervision is intended to ensure the rule of law, accurate execution and the uniform application of laws by federal ministries, state Committees, services and other federal executive bodies, representative (legislative) and executive bodies Subjects of the Russian Federation, organs local governments, military management bodies, control bodies, their officials, management bodies and managers of commercial and non-Profit OrganizationsFor compliance with the laws of legal acts issued by them, the protection of human rights and freedoms and citizen, as well as protected by the law of the interests of society and the state.
Detection and investigation of crimes- law enforcement activities of officials (operational employees, investigators, investigators) aimed at disclosing crimes, inflicting the perpetrators, attracting them to criminal responsibility, as well as the establishment of all the circumstances of the crime.
Ensuring law and order and security in the Russian Federation- This is the activities of law enforcement agencies of the executive authorities (internal affairs bodies, federal security authorities, drug traffic control bodies and psychotropic substances, foreign intelligence bodies, federal security authorities, jutorials, customs and customs and tax authorities), within their competence, aimed at protecting the rights and freedoms of man and citizen, law enforcement protection, providing public security, as well as to combat crimes and offenses that make a threat to the safety of personality, society and the state.
Execution of court decisions- the activities of the bodies of the Ministry of Justice represented by the Federal Service for the Performance of Punishments and Federal Service bailiffsaimed at ensuring the execution of punishments and forced execution Judicial acts, acts of other bodies and officials.
Providing legal assistance- Activities aimed at ensuring the legal security of the individual in society. This feature is intended to be carried out: lawyers by providing qualified assistance to individuals and legal entities in order to protect their rights, freedoms and interests, as well as access to justice; notaries by committed legislative acts Russian Federation notarial action on behalf of the state; Private detective and security services in the form of providing on a contractual basis for compensable services to individuals and legal entities in order to protect their legal rights and interests.
Warning of crimes and offenses- This function implements all law enforcement agencies. It is aimed at establishing circumstances that contributed to the commission of a crime, identifying violations of the rights and freedoms of citizens, as well as other violations of the law made in the production of inquiry, preliminary investigation or when considering the case by the subordination court and the adoption of measures to eliminate them.
1. Concept, goals, objectives and signs of law enforcement agencies and law enforcement themselves.
2. The system and functions (directions) of law enforcement agencies.
3. The interaction of law enforcement agencies with other bodies.
4. Normative base law enforcement activities.
5. Concept, goals, objectives and signs of law enforcement agencies and law enforcement themselves.
Protection of the rights and freedoms of a citizen and man (chapter 2 of the Constitution) is the constitutional duty of the state. The authority of their protection is assigned to special structures created by the state power, referred to as law enforcement agencies.
Law enforcement is provided by regulatory acts to decision making and exercising authorized by the subjects of actions aimed at protecting the rights (freedoms) and the legitimate interests of physical legal entities, subjects of the Russian Federation, municipalities and the state as a whole, to ensure security, legality and law and order, as well as to combat crime.
The tasks and objectives of law enforcement are modified depending on which subject it is carried out. Analysis of the tasks and goals of various law enforcement agencies allows us to talk about the presence of the next list of tasks and the goals of law enforcement.
The tasks of law enforcement agency recognize:
1) Identification, prevention, suppression of offenses, disclosure of crimes, as well as identifying and establishing persons who prepare them committing or committed;
2) the search for the search for persons who are hiding from the bodies of inquiries, investigators and court evading criminal punishment, as well as the search for missing;
3) mining information on events or actions that create a threat to state, military, economic or eco-logical security of the Russian Federation;
4) supervision of the law enforcement process;
5) the proper application of the law, ensuring its supremacy;
6) providing legal assistance to citizens and organizations;
7) proper and fast consideration and civil permit; criminal, administrative, constitutional affairs and other subordinate law enforcement agencies;
8) regulation of the order and conditions of execution and serving sentences, determining the means of correction of convicts, providing convicted assistance in social adaptation.
The objectives of the considered activity are divided into two types:
Direct goals:
1) Providing and protection (security):
Disturbed and (or) disputed rights, freedoms and laws protected by the law and citizen, legal entities and their associations;
Disturbed and (or) disputed rights and protected by the law of interests of local self-government;
Disturbed and (or) contested rights and protected by law of the interests of the Russian Federation, subjects of the Russian Federation, federal organs state power and state authorities of the constituent entities of the Russian Federation;
Social building of the Russian Federation;
Established economy and property systems;
Order of management, state and public order, law enforcement proceedings;
2) ensuring the execution of acts of judicial and other bodies provided for federal law on executive proceedings;
3) so that every offense has been subjected to equitable punishment and no innocent has been prosecuted;
Goals coinciding with the goal of the whole state and society, that is, the goals of a higher level:
1) strengthening the legality and law and order;
2) prevention of crimes and other offenses;
3) correction of convicts;
4) Legal and moral education of citizens in the spirit of accurate and steady execution russian laws, careful attitude to the institution of property, compliance with the discipline of labor, respect for the rights (freedoms), honor and dignity of other persons.
First of all, consider signs that allocate law enforcement agencies from the total mass of social entities.
First feature associated with the aim of law enforcement agencies. This goal follows from the name of the organs. This is the protection of law. What does she mean?
1) restoration of violated rights;
2) the punishment of the offender;
3) Simultaneous restoration of violated rights and punishment of the offender, that is, the protection of rights follows violation of the right. In other words, the right is protected only when it is broken. It is impossible to condemn anyone before the crime is committed. For a citizen, it is important not only that his violated right to be promptly restored, and his violator was pursued by law and justice would be restored, but above all that his rights never broke. Therefore, in the essence of the protection of rights, add more component as creating conditions that impede the violation of the right.
The purpose of the activities of law enforcement agencies also includes the protection of legal oblats, ensuring the normal functioning of the personality, society, the state, as well as other objects, in particular the environment.
The violated right gives rise to the duty of the state to show an appropriate reaction in the form of condemnation or sanction. The right to this arises only if all the circumstances of the offense are established. Calusing the real picture of unlawful events and are engaged in authorized by the state law enforcement agencies. They identify violations, state the facts of committing offenses with specific persons create conditions for adopting reasons.
Second sign Law enforcement agencies: law enforcement agencies are state bodies. All law enforcement agencies are created and funded by the state. Completed specialists who meet certain requirements that have special training and education (usually legal).
Requirements for law enforcement specialists and limits of their powers are enshrined in the law. From here third sign: Law enforcement agencies operate on the basis of the law and in accordance with it. Law enforcement activities are governed by special laws. These include, for example, the laws "On the Police", "On the Prosecutor's Office of the Russian Federation" "On Federal Service security ", etc.
For its normal functioning, the state is forced to resort not only to the positive stimulation of individuals and legal entities, but also to negative impact levers. Therefore, law enforcement agencies are entitled to apply coercive measures. This is fourth sign separating them from other state structures.
Thus, signs of law enforcement agencies are:
1) the purpose of the activities of law enforcement agencies - the protection and protection of citizens' rights, preventive (preventive) measures to prevent offenses;
2) law enforcement agencies are state bodies;
3) the activities of law enforcement agencies are carried out on the basis of and in accordance with the law;
4) Applying force measures.
These are signs of the first stage - the main signs.
Named signs are inherent to everyone without exception to law enforcement agencies. The absence of at least one of them means that the authority cannot be attributed to the law enforcement.
But there are signs that belong only to some law enforcement agencies. These are the so-called signs of the second stage. If you have at least one such sign, we can say that we have a law enforcement agencies.
The signs of the second stage include:
The right to apply the norms of the criminal law;
Implementation of powers in a strictly defined procedural form. For the activities of ships, for example, various types of legal proceedings are characterized: criminal, civil, arbitration, constitutional, administrative.
Relying on the above signs, you can formulate the definition of law enforcement agencies.
Law enforcement agencies - this is special organsCreated by the state in order to protect the rights operating on the basis and in accordance with the law endowed with the right to apply coercive measures, and in some cases the right to apply the criminal law and the responsibility of compliance with a certain procedural form.
Law enforcement- This is the state activities regulated by legal acts carried out in order to protect the rights, freedoms and legitimate interests of the individual, society and states from criminal encroachments by specially authorized bodies through the application of legal measures regulated by law.
Under the above definition, the majority of law enforcement agencies are suitable, in particular the police, prosecutors, security bodies, etc. However, some signs may not be absent from individual formations of law enforcement. As an example, you can cite such an organization standing at the position of the protection of the rights of citizens as a bar. Of these signs, only two are suitable for the attorney: the goal of activity and functioning based on the law. Thus, formally such bodies cannot be called law enforcement. However, they are undoubtedly law enforcement in essence and, most importantly, for the purpose of their activities.
But the attorney in the nature of their activities contributes to the activities of law enforcement agencies in the implementation and protection of the rights and legitimate interests of citizens.
In order to distinguish the law enforcement nature of these bodies and at the same time show that in a narrow understanding they are not law enforcement, representatives of the Nizhny Novgorod school of procedural (in particular, V. T. Tomin) introduced a special term "Quasi player powered organs." This term is formed using the Latin prefix "Quasi-", having two meanings: a) imaginary, unreal; b) almost close. In this case, the specified particle is applied in the second value.
In this way, quasi-playing organs These are government agencies, public organizations and private institutions that assist the law enforcement agencies in the fulfillment of their functions, as well as directly providing legal assistance to citizens and legal entities.
To quasi-playing bodies, in addition to the lawyard already named, a notary, private detective and security bodies, can be attributed; Legal service of enterprises and organizations.
Plan
2. Military courts in the judicial system of the Russian Federation.
3. The right to engage in private detective and security activities.
Signs, tasks and goals of law enforcement.
Plan
I. Objectives of law enforcement
II. Signs of law enforcement
III. Law Enforcement Tasks
Law enforcement activities It is called upon to solve the problems of the state:
Economy
Politicians,
Development of culture
Education
Maintaining defense capability
and many other functions.
One of the central places in it occupies the tasks to ensure the rule of law and legality, the protection of human rights and freedoms and citizen. Protection of the rights and legitimate interests of state and non-state enterprises.
The provision of law and order and legality is specially engaged in a significantly smaller circle of organs, those that exist only or mainly to fulfill such a role.
They are customary to refer to the protection authorities
which are designed to protect the RF established by the Constitution. Other laws, the life and activities of the state and society, Russian citizens and other persons living in Russia.
It is very close to the concept of law enforcement agencies. LAW ENFORCEMENT.
Signs law enforcement:
One of them manifests itself that such activities can be carried out not in any way, but only by applying Legalimpact measures. They are considered to include state coercion and recovery measures regulated by law.
Second significant sign law enforcement is that adopted during its implementation
Legal impact measures should strictly comply
prescriptions of the law or other legal Act.
Only a law or other legal act can serve as the basis
applications of a specific measure of impact and clearly define its content.
ThirdlyCharacteristic of law enforcement is also the fact that it is implemented in the procedure established by law in compliance with certain procedures.
Finally The essential feature is that its implementation is assigned primarily on specially authorized state bodies, complete by appropriately trained legal entities, specialists in other areas.
As can be seen according to the signs and their brief description
it would have to attribute such state activities
which is carried out with the aim of protecting the right by specially authorized bodies by applying legal measures to impact in strict accordance with the law and with strict compliance with the procedure established by it.
Question about taskslaw enforcement, as well as the question of its concept and content, so far, the legislative procedure is not specifically resolved.
But there are tasks:
The identity of her rights and freedom;
Society and its material and spiritual values;
State constitutional system;
Sovereignty and territorial integrity.
In any case, it is clearly indicated by the values \u200b\u200bthat should be protected.
According to the law, the protection of these values \u200b\u200bis entrusted to all government agencies, including law enforcement.
This is the essence of the tasks of the latter.
2. Military courts in the judicial system of the Russian Federation
Plan
I.Stages of the development of military courts
II.Judicial System of the Russian Federation, place of military courts, their tasks, similarity with common courts
III.Difference of military and common courts
IV.Features of organizations and the foundations of military courts
V.Basics of the jurisdiction of military courts
I.Stages of the development of military courts.
Modern military courts did not immediately acquire the appearance that these days have. There was a time when endowment of military officers the functions that are now related to functions judicial authority, it was considered as of granted. They could provide the discipline of subordinates, command them and make decisions about their guilt or guilt in committing a crime or not to use punishment measures including the most severe. Gradually, the justice process from managerial activities was very careful. The army began to appear officials with powers, very similar to the judicial, and then military judges.
According to the military charter of 1867, its courts formed in the Russian army, which included regifold courts, military district courts and the main military court. Judges of the Chief Military Court were appointed by the emperor on the submission of the military minister. After October 1917, the system of military courts divided the fate of the whole Russian judicial system which decree on Court No. 1 announced abolished.
The order of the People's Commissariat for Military Courts of the RSFSR "On front-line, regimental, local courts" of July 23, 1918 provided that these courts should consider all criminal cases, "For whom the accused is threatened with a punishment of not over 5 years of imprisonment" dangerous crimes should have been transferred to territorial military revalls.
In the middle of 1918, the emergency courts were reborn in the army, which received the name of the revolutionary military tribunals. The initiators of their creation were military command and political authorities. By the end of 1918, the revolutionary military tribunal was the formation of the revolutionary military council of the republic. For a long time, military tribunals peak severe repression for both military personnel and civilians acting without having no legislative base. In November 1919, the Central Executive Committee adopted the Decree, who approved the first provision on the revivantrybunals. This document confirmed them "Not limited to the definition of a repression measure" and put in a more cruel dependence on the command, politics and military counterintelligence, with such authority, the Revolutionaribunal existed all the years of war and military intervention. In the course of the 1922 reform, they ceased to be called revolutionary and became part of the general judicial system of the RSFSR. After education in 1922, the SSR Union Military Courts became the courts of the USSR. They were actively used as political repression authorities until 1953.
They were prescribed to disassemble cases of "crimes" as military and civilian "enemies of the people" using the simplified procedure without the defendant to have protection, appeal the sentence, ask for pardon.
On October 25, 1958, the adoption of a new provision on military tribunals, which completely eliminated the jurisdiction of the case committed civilians And provided for the administration of justice to be guided by the same laws as all other courts.
In accordance with existing doctrinal developments, the considered type of state activity has a number of essential signs. Tonkov E. P. Knaykin V. S. Law enforcement agencies of the Russian Federation: studies. benefit. - Belgorod: Publishing House Belga, 2002. - P. 431
One of them is manifested that such activities can be carried out not in any way, but only by applying legal measures. They are considered to include state coercion and recovery measures governed by laws. For example, if a crime is committed, the punishment established by criminal law, or another measure of the impact, allowed by law, may be appointed; If the property is damaged to the property, not by criminal liability, it may be charged with the obligation to compensate this damage; If the contract is not fulfilled on the concluded agreement, let's say about the manufacture of some kind of product or the provision of some services, then the application of the property sanction is possible; If someone managed a drunk machine, then it can be deprived driver's license and so on. Among the measures of legal impact, an important place is also given to measures of warning. illegal actionTheir prevention allowed only within the established limits.
The second significant sign of law enforcement is that the legal measures applied during its implementation must strictly comply with the prescriptions of the law or other legal act. Only they can serve as the basis for applying a specific impact measure and clearly define its content. The body applying such an impact is obliged to punctually comply with the relevant prescriptions. For example, if by law for the first perfect small hooliganism It is allowed, in particular, a penalty in the amount of one tenth to half the minimum monthly wage, then this penalty may be applied only within these limits.
Thirdly, characteristic of law enforcement is that it is implemented in the manner prescribed by law, in compliance with certain procedures. For example, the verdict of the court appointed criminal penaltyexempted from him or justifying the defendant can only be resolved after judicial trial and comprehensive discussion by the court of all issues specifically marked procedural law. Such a discussion should be held in the deliberate room, with the provision of secrets of the meeting and compliance with other procedural rules. The law establishes its rules for the proceedings of other offenses. According to the relevant rules, property disputes, disputes associated with dismissal, etc. In any case, to make a decision on the application or non-use of legal measures, the law is envisaged to be mandatory. Their violation may entail recognition of solutions illegal and invalid.
Finally, the significant sign of law enforcement is that its implementation is assigned primarily on specially authorized state bodies, complete by appropriately prepared employees - for the most part lawyers, as well as specialists with knowledge in other areas. They are provided with the necessary material and technical means. The organization and activities of such state bodies in detail and comprehensively are regulated in the legislative order, including by establishing special procedural (procedural) rules to solve the most responsible issues. All this together is aimed at ensuring the efficiency, validity, legality and justice of decisions taken by these authorities on the application of legal measures of impact, aimed at protecting the rights from already admitted or alleged violations. Endoltseva A. V., Galuadyan O. A., Kizlyk A. P. and others. Law enforcement agencies: a textbook for students of universities, students in the specialty "Jurisprudence". - 6th ed., Pererab. and add. - M.: Uniti-Dana: Law and Law, 2009. - P. 10-11
In science, the most common is the consideration of the circle of law enforcement agencies through the concept of law enforcement. In this case, as a rule, it is disclosed through the description of the signs inherent in this activity. It seems reasonable to attribute those as follows:
- 1) the fundamental to the implementation of such activities is the implementation of the inherent state internal function - law enforcement, and therefore it can be carried out only by government agencies;
- 2) The purpose of such activities is to create the conditions for the unquestion of the rights and legitimate interests of citizens, organizations and the state as a whole, as well as the implementation of their duties assigned to them. In other words, the purpose of law enforcement is to create the conditions for ensuring the legality and law enforcement. In this regard, the legality of the state of society in which accurate and steady observance is guaranteed legal norms, prescriptions of the law and legal acts based on it by all participants public relations. And under the rule of law it is understood as the system of relations in society, which are established in the strict implementation of the prescriptions of legal norms by all the laws of law; At the same time, it should be paid to the fact that the "purpose" is still a category of philosophical order, as it represents the subject of the desire. Adequately this goal may be an unattainable, but the desire for its implementation is definitely necessary;
- 3) This activity is implemented through the fulfillment of only law enforcement agencies of tasks and functions enshrined in regulatory actsestablishing the foundations of their organization and activities;
- 4) Law enforcement can not be carried out otherwise as on the basis of the law and the execution of its prescriptions, and the procedure for its implementation is clearly regulated. In other words, law enforcement is rigidly formalized, and the failure to fulfill the prescriptions of the law entails the recognition of such activities illegal and as a result should entail the attraction of guilty people to provided by law responsibility;
- 5) Such activities are implementing specially authorized state bodies relating to the judicial and executive branches of government. And they are completed, as a rule, persons who must have legal education;
- 6) This activity is carried out not in any way, but, as a rule, by applying legal measures. Bobrov V.K. The concept of law enforcement and its features. Tutorial / Ed. VC. Bobrov. - M:, Yurait, 1999. - 501С.