Service of internal affairs bodies on transport. Psychology of public and personal security - document
Relations between a person and the state are regulated not only by constitutional law, but also by other branches of law (civil, labor, family, administrative, criminal, criminal procedure, etc.). But constitutional law contains norms of a fundamental nature, from which legal status human being, his fundamental rights and freedoms.
287 The new Russian statehood clearly defines the relationship between man and the state, not man was created for the state, but the state for man. All rights and freedoms - personal, political, economic, social and cultural - include: the right to life, liberty, security of person, inviolability privacy, housing, free movement and choice of residence, freedom of conscience, freedom of thought and speech, judicial protection of one's rights, legal protection, procedural guarantees in case of prosecution, participation in the management of state affairs, freedom of enterprise, the right private property, protection of the family, health, etc.298 However, as President of Russia V.V. Putin, speaking in honor of the celebration of the Constitution Day Russian Federation December 12, 2002, there is still a gap between the rights of citizens proclaimed by the Constitution of the Russian Federation and real opportunities their implementation by citizens, by every person. Polls of citizens conducted on the same day showed that 43% of respondents believe that the Constitution guarantees their rights, 41% said that the Constitution does not play a significant role in this sense. Here, apparently general rule that the Constitution guarantees the state protection of the rights and freedoms of man and citizen, should work especially reliably when the duty of the state to ensure the protection of rights and freedoms and regulate them is fixed. All bodies should participate in guaranteeing the rights and freedoms of man and citizen state power, all social institutions and branches of law.
The state protects its citizen, but he must also protect the state, observing the laws and social norms. In this sense, legal and moral requirements are imposed on him (a person). But only in the case when the state really, and not declaratively, guarantees the rights and freedoms of man and citizen, it can demand that citizens reliably protect it, and these demands will be justified. This is one of the features of state regulation
Baglai M.V. Constitutional law of the Russian Federation. M., 2001 . S. 11, 166.
288 behavior of its citizens. Here, obviously, it is important to pay attention to such a problem as social protection.
This problem is multifaceted and multifaceted. There is no unanimous scientific position on it. There is also no terminology brought into the system. As well as common definition"social protection" and such concepts as "criminological security", "preventive protection", etc. are used. There are many opinions about this. But with all this, "discordance" remains unchanged main idea- ensuring the safety of citizens from criminal threats, protecting the individual from crimes. In the development of this idea and within its limits, one should see answers to questions about how in modern conditions localize criminal threats and dangers, how to protect the individual and society from crime. The implementation of this idea is connected with the solution of such a problem as the neutralization of social tension and the elimination of social discontent. This task has now acquired a special state and social significance.
It is necessary to carry out special scientific research and create an ideology of social protection, and within its framework, the theory of ensuring the safety of citizens from criminal threats, protecting the individual from crime. It is important to determine the trend of such protection, develop a doctrine and create an appropriate teaching. This is a huge field of activity, which has a great practically significant prospect. The ideology of protecting a person from criminal threats acquires a special meaning today; it should be actively used by the state and society. It is important to create conditions for its practical implementation. In this sense, you need new model management - management of the processes of combating crime and ensuring the safety of citizens from criminal encroachments.
Implementing the national security policy, the state also implements the policy of combating crime and ensuring the security of citizens, concretizing the general goals and objectives, bringing their achievement and solution to the protection of the rights and freedoms of each individual person. Program for-
289 of National Security fixes the following main political principle: while ensuring national security, the rights and freedoms of individual citizens cannot be ignored. Failure to comply with this principle inevitably leads to defects in national security policy. Priority should be given to strict observance of the rights and freedoms of each individual, his protection from criminal encroachments. But this protection cannot be reliable without effective fight with crime.
The social orientation of the policy of ensuring the security of citizens from criminal threats and protecting a person from criminal encroachments allows us to consider this policy in a more general framework - in connection with and from the point of view general patterns social and normative regulation of social relations, that is, the mechanisms of social protection in general, social control. Ensuring the safety of citizens, as well as protecting each individual, is an essential element of social control. It means self-regulation social system protection of the individual, ensuring the orderly interaction of its (system) elements through regulatory regulation.
The stabilizing function of the system for ensuring the safety of citizens from criminal threats and protecting a person from criminal encroachments is to reproduce the dominant type of social relations, social structures. The dynamic (target) function of a given system, its orientation and content depend on the historically determined socio-economic, political, ideological, legal, moral, ethical and other socio-cultural characteristics of the specified social system, on its place in the process of social development.
The connection of social control with ensuring the security of the individual is always evident. The problem of social control in its essence is only an aspect of the central issue of the relationship between man and society, citizen and state. This is a question about the relationship between law and personality. social control- society's control over the individual, control (and supervision)
290 states over the citizen. That is why a person, on the one hand, society and the state, on the other hand, should be considered as the initial interacting elements of the system for ensuring the security of citizens. Social control in this sense can also be defined as one of the forms of managing activities to ensure the safety of citizens from criminal threats and protect a person from criminal encroachments.
Protecting citizens from crime is a special social order. Awareness of the need to fulfill such an order in Lately led to the formation in our country of a rather influential movement to protect citizens from crime, to the improvement of legislation, to a general rethinking of the goals and priorities of the policy of ensuring the safety of citizens from criminal threats. However, the necessary practical experience has not yet been accumulated. Scientific research is not actively carried out either. Meanwhile, the fear of crime in the public mind directs researchers to study not only this social dangerous phenomenon but also its consequences. The vulnerability of people from criminal encroachments requires a set of measures designed to improve the efficiency of management in the sphere of ensuring the safety of citizens and protecting people.
Of course, the authors who write that in the interests of combating crime should regularly conduct sociological surveys of the population on the state of personal security, the degree of protection of citizens from criminal encroachments, and, based on their results, make appropriate adjustments to the practice of law enforcement agencies. It must be said, however, that such surveys conducted in last years, do not lead to positive evaluations.
The results of public opinion polls show that the basis of the negative assessments given by citizens to the activities of internal affairs bodies, in more lie their personal impressions of the work of the police. The best ratio of the number of positive and negative
291 assessments are observed in the departments of the passport and visa service (45% and 8%, respectively), duty units (38% and 13%). The worst - in traffic police departments (35% and 27%), patrol service (28% and 23%), investigation departments (24% and 17%). It is noteworthy that this assessment is consistent with the results of inspections carried out by commissions of the Ministry of Internal Affairs of Russia 2". sociological research, conducted by the Public Opinion Foundation in 1998, only 40% of the polled citizens, answering the question: who do you turn to for help if you feel a threat to your property or personal safety, chose the police. The rest prefer to turn to neighbors, friends, relatives (28%), try to solve the problem on their own (17%) or hire special people to prevent the threat (7%)300. The defenselessness of the population from criminal encroachments, expressed in objective forms (increase in the number of victims) and in socio-psychological refraction (meaning such everyday feelings as fear, anxiety, longing, a sense of insecurity), is the result of a totally inevitable pressure of an increasingly criminalized environment. habitation, as well as an extremely passive indifferent attitude to life, health, dignity, tranquility Russian citizen by law enforcement officials. Polls show that only a few percent of the population hope for their help. It is noted that in relation to the police, the population has not only stable, but also growing tension and dissatisfaction with its activities for the protection public safety and order 301. In essence, it all comes down to the problems of protecting citizens from criminal encroachments.
According to our generalized data and available information, almost all surveys need protection from violations of the law, crimes and arbitrariness.
Cherepanov E.A. Actual problems ensure public order bodies of internal affairs of the Russian Federation. - In the book: Actual problems law enforcement. Kaliningrad, 1999, pp. 48-49.
Alekseev A.I., Gerasimov S.I., Sukharev A.Ya. Criminological prevention: theory, experience, problems. M., 2001. S.398. 301 Crime and reforms in Russia. M., 1998. S. 136-137.
292 citizens. Minors ask to be protected from domestic violence and cruelty (62%), and old people - from criminal threats on the streets, on transport, in in public places(70%). Almost 80% of respondents demand protection from general theft (theft, robbery, robbery, fraud). 12% of men and 17% of women aged 18-30 (youth) need protection from murder. There are quite a lot of people who need protection from hooliganism: 65% of family and domestic hooliganism and 78% of street hooliganism. Women are asked to protect them from rape: 29% aged 21 to 25, 23% aged 26 to 30, and 11% over 30. About 40% of female minors need protection from rape, sexual assault and indecent acts. Respondents point to the danger for them of drug and alcohol crimes (28%). Here, much is linked to the consequences of these acts on adolescents. Of particular fear are such crimes as banditry, kidnapping, so-called criminal showdowns on the streets and in public places, accompanied by shootings and explosions (72%). 80% of the respondents are afraid of terrorist acts. People see a particular threat in nationalist pogroms (70% of the respondents). Citizens need protection both from economic activities (14%) and from domestic assaults (31%), and especially from driveway crimes (62%). All respondents pointed out the need to ensure strict public order, which they link with the intensification of their security.
Of the respondents, only 12% believe that the state is able to protect them from criminal threats. Only 9% rely on the police, the prosecutor's office and the judiciary. The vast majority (67%) stated that they are effectively deprived of the right to demand from anyone to protect them from crimes. According to 70% of the respondents, the state actively responds to murder, kidnapping, hostage-taking, terrorism, etc., but it acts very passively when it comes to apartment and car
293 manna thefts, robberies, robberies, etc. The respondents are very anxious about corruption, 80% believe that there is no real fight against it, only the appearance of state concern is being created.
The survey data is alarming, according to which people, not believing in their protection by the state, intend to protect themselves and their loved ones (40% of the respondents). And this is understandable, because security is a sense of self-preservation. It is understandable and natural that a person, being in a situation that is dangerous for his life and the lives of his loved ones, seeks to reduce the risk of becoming a victim, tries to protect, protect himself.The state protects a person, but a person must also protect himself..
Along with the obligation of the state to ensure the protection of rights and freedoms, there is the right of a person to protect his rights and freedoms by all means not prohibited by law. The ways of self-defence are diverse: appealing against the actions of officials, appealing to funds mass media, the use of human rights organizations and public associations. Citizens have the right to defend their rights with weapons. The Federal Law "On Weapons" provided citizens with the opportunity to purchase certain types of weapons. The law provides for the right to acquire and use firearms to protect life, health and property within the limits of necessary defense and extreme necessity, but this right is subject to many restrictions (weapons cannot be used against women, disabled people, minors, except when they commit an armed or group attack). All cases of the use of weapons that caused bodily harm must be reported to the internal affairs authorities. The right to purchase weapons is also subject to certain conditions. However, the problem of self-defense has not been fully resolved. A special and quite clear mechanism for the corresponding legal regulation is needed.
Baglay M.V. Constitutional law of the Russian Federation. M., 2001. S. 258.
294 As noted in the literature, in the United States every year 17,000 Americans defend themselves, their loved ones and their property with weapons in their hands from criminals and do it within the law. There are no such statistics in Russia, although the problem of self-defence is becoming vital303^ Articles 37 (defense necessary) and emergency) The Criminal Code of the Russian Federation does not solve the problem of self-defense. It has not been fully resolved and federal law"On Amendments to Article 37 of the Criminal Code of the Russian Federation" of February 27, 2002. In our opinion, a special section of the Criminal Code of the Russian Federation is needed, which would be entirely devoted to self-defense. The policy of protecting a person, we repeat once again, must correspond to the idea of justice, and this protection itself is addressed to a humane attitude towards people against whom criminal threats are directed. The problem of self-defense can be considered within the framework of ensuring the security of law-abiding citizens.
According to our research, when 1,550 law-abiding citizens were randomly polled in 10 Russian cities, including Moscow and St. Petersburg, 78% of them said that self-defense is necessary, 26% of them already used it without the use of edged weapons, and 18% want to buy firearms for this. Of all those polled, 84% said that the attack should be repelled precisely for the purpose of self-defense. At the same time, under the attack, the respondents understand any aggression (invasion of private property, physical or mental violence, threat of violence), and under the repulse of the attack - the actions of the defender using firearms. One in two of those surveyed believes that the acquisition of firearms in self-defense should be legal. To have such a weapon, 90% of respondents believe, is a special case, and therefore there should be a special right to personal weapons.
Vasiliev V. A. Criminological research killings and ensuring the safety of the lives of citizens: Abstract of the thesis. dis... cand. legal Sciences. M., 2001. P. 10.
Ensuring absolute security of the individual is almost impossible. M.M. writes in a peculiar way about this. Babaev in the preface to the book by V. Alleshakov304. “From birth to death, we are all constantly and invariably threatened by something. These dangers are so different that it is sometimes impossible to compare them with each other: from the smallest threats to our health, easily overcome with an umbrella or warm clothes, to cataclysms that take away lives of tens of thousands of people and destroying entire cities." At the same time, however, M.M. Babaev calls to focus on such a danger to people as crime. In this regard, he writes about the national security of Russia, about the most serious threats to society and its institutions, and finally, about the need to protect the individual from criminal encroachments. It is this problem that M.M. Babaev brings to the fore, because the problem concerns ensuring human security.
The problem, in our opinion, is presented absolutely correctly. It is considered not only as legal, but also as social.
This is especially true of such an area of activity in the fight against crime as the preventive protection of the individual from criminal encroachments. Its main goal is prevention.
In a society where they want to prevent a crime rather than punish it, rather to protect a person from encroachment on him than to take revenge on the criminal, the main thing will always be not repression, but prevention. Accordingly, it is precisely this that should be built as a whole system for ensuring the security of citizens and protecting the individual from criminal encroachments.
In order for the state to successfully protect the individual and his rights, it must be a state of the rule of law. One cannot talk about the prestige of a state if it cannot protect its citizens. The attitude of the state towards criminals and their victims is the measure of its conscience and
304 Pleshakov V.A. Criminological security and its provision in the field of interaction between organized crime and juvenile delinquency. M., 1998. S. 4 -5. See also: Lebedev S.Ya. Criminological security of the individual, society, state. - In the book: Legal science at the turn of the XXI century. Omsk, 2000.
296 morals. At the same time, it is precisely the moral potential of the state that is assessed. Violent crimes against a person should be highlighted in particular. The degree of their public danger is different - from murders to beatings. When evaluating these crimes, not only their consequences are taken into account, but also the nature of the violence.
An analysis of the general situation in the country indicates that the situation in the field of human protection is constantly deteriorating in Russia. Meanwhile, the Constitution of the Russian Federation (Article 2) indicates that a person, his rights and freedoms are the highest value.
In accordance with this and Art. 2 of the Criminal Code of the Russian Federation in a number of objects legal protection put the protection of the rights and freedoms of man and citizen in the first place. The personality is protected by a numerous system of criminal law norms, and the task of the primary protection of a person, his rights and freedoms is the main one for criminal law305. It is solved by establishing high sanctions for crimes against a person.
The crisis of crime, closely related to the general social crisis in society, the acute criminal situation in the country in one way or another affects a particular person. Considering the problem in a sociological context, one can argue as follows: a person is a member of society, a citizen of the state, and his interests are also the interests of society and the state. In other words, human orientation does not negate the harmony of interests of the individual and society, citizen and state. There are many problems here that can be studied from a sociological point of view.
There is a trend of constant growth in the number of crimes against a person committed with violence. We proceed from the fact that criminal violence is a kind of indicator of negative trends in society. Of particular concern is not only the increase in the number of violent crimes against the person, but also their aggressive and cruel nature. Criminal violence is increasingly becoming a crime
Pilyavets V.V. Criminal liability for infringement on the personality and rights of citizens: Abstract of the thesis. dis... cand. legal Sciences. M., 1998.
297 minal terror. Contract killings with the use of firearms and explosives are widespread. Robbery attacks, the number of which is growing from year to year, are associated in most cases with weapons. Extremely negative changes are taking place in the nature of criminal violence: the number of murders and rapes, kidnappings and tortures, robberies and robberies, accompanied by cynicism, sophistication of the actions of criminals, mockery of the victims, is increasing. The nature of the criminal violence of crimes against the person also depends on the social violence manifested in the country. The latter is the starting point in studies of the nature of violence. It is the sociological concept of violence that helps to fully reflect the essence of any violence. Obviously, it is appropriate to speak of violence in relation to any branch of knowledge or a specific act of human behavior. Manifested in crimes against a person as a special criminal phenomenon, violence exists and is characterized as a relationship of subjects (the offender and the victim). In other words, violence affects both the perpetrators and the victims. This fact again draws attention to the protection from violence of victims of crime. And related to this is the issue of preventing violence by the perpetrators. At the same time, the problem of preventive protection of the individual from criminal encroachments remains central.
This protection provides for the solution of a two-pronged task - crime prevention and victimological prevention. This task follows from the following goal: to prevent a crime and thereby "save" one of the participants in the act from punishment for it, and the other from the possibility of becoming a victim of a crime. Crime prevention and victimological prevention are activities that ensure the protection of personal
Denisov V.V. Sociology of violence. M., 1975; Kudryavtsev SV. Conflict and violent crime. M., 1991; Levertova R.N. Responsibility for psychological abuse in Soviet criminal law. Khabarovsk: 1972; Zhalinsky A.E. Violent crime and criminal policy. //Soviet state and law. 1993. No. 3; Vostroknutov H.V. Socio-psychological aspects of violence against children. // Social and clinical psychiatry. 1994. No. 2.
298 news from criminal encroachments. The offender and his victim are the key objects of criminological research.
It is important to emphasize that all areas of crime prevention "flow" into the "channel" of preventive protection of the individual. Regardless of how crimes are prevented, in the end, with the success achieved, the individual will be safe from them. By not allowing victim behavior, we simultaneously prevent crimes, and by preventing crimes, at the same time, we protect a potential victim from encroachment. You can even raise the question not only about the prevention of criminal and victim behavior, but also about their negative consequences. In any case, the task of protecting the individual is being solved. However, as already noted, by protecting a person from criminal attacks by preventing criminal and victim behavior, we protect society from criminal acts. At the same time, the task of preventive protection is expanding; inevitably there is an orientation towards solving a two-pronged practically significant problem: not only to protect the individual from crime, but to prevent its influence on society. Recall once again: preventive protection does not deny the harmony of the interests of the individual and society, but at the same time it takes into account that the individual is individualized, and therefore, under any circumstances, acts as a specific object - a specific person. Such an object is both those persons on whose part crimes are prevented (guilty) and those against whom crimes are directed (victims). In both cases, this is a specific person.
The constitutional protection of man and citizen, the protection of the rights and freedoms of the individual, dignity, life and health are always brought to the fore. The Constitution of the Russian Federation indicates that it is the person who is the highest value. In accordance with this, to which we have already paid attention, the Criminal Code of the Russian Federation, among the objects of legal protection, put the protection of a person, his protection from criminal encroachments, in the first place. We also noted that the individual is protected by various rules of law,
299 an extensive system of sociological institutions307. The fact is that under any circumstances, the main thing for our state is to ensure the rights and freedoms of man and citizen. The law and society protect the individual, protect on the one hand, preventing the formation of the individual on a criminal path, on the other hand, preventing the victim behavior of the individual; they are two sides of the same coin. That is why the protection of the individual as a specific type of activity stands out in particular. In any case, the "edge" of such protection is aimed at protecting the individual, firstly, preventing him from becoming a criminal, that is, without bringing the matter to punishment (which is manifested by humanity), and secondly, taking her criminal encroachment, that is, without bringing the matter to the fact that a person becomes a victim of a crime.
The essence of the problem is that, while protecting a person from crimes, it is necessary to prevent crimes, and in this regard, to prevent the development of manifestations that contribute to criminality. With such protection, contradictions between the individual and society are resolved, social conflicts etc. Increased control over crime and its consequences. In order to protect the individual from crime, economic, socio-political, psychological and many other problems are solved. In general, to increase the effectiveness of this protection, the necessary living conditions are being created.
The doctrine of the protection of the individual from crime proceeds from the fact that this protection is based on compliance with the requirements of the state and society, which guarantee the protection of the individual and ensure its safety. At the same time, society and the state, as it were, cede their rights and privileges to a person who is protected on their own behalf, demonstrating not their own priority, but the priority of the individual, person and citizen.
Nersesyants B.C. Democracy, human rights and human dignity. M., 1997; Rostovshchikov I.V. Individual rights in Russia: their provision and protection by internal affairs bodies. Volgograd, 1997; Prudnikov AS, Andriashin X.A. Administrative and legal support of the rights and freedoms of man and citizen. M, 1998.
300 In such a situation, the state and society are not losing, but gaining, showing humanism, democracy and a kind of nobility.
Society and the state will not be able to protect the individual from criminal encroachments without providing effective prevention of crimes by those who are capable of committing them. Realizing the principle of humanism, preventive protection, focused on ensuring the safety of members of society, is not against those who have already committed crimes (they are punished by the state), but for those who can still be saved from slipping into a criminal path. By preventing crimes, help is provided to those who might commit them, while at the same time the threat is averted from those against whom they could be committed. Crime always precedes punishment, and warning precedes crime. Indeed, a wise legislator will prevent a crime than will be forced to punish for it. It is important to identify the offender, solve the crime, ensure the inevitability of punishment, it is very important to prevent a crime, but it is even more important to protect a person from criminal encroachment. A special role in this belongs to preventive protection. It uses all social levers and the force of law to establish reliable barriers to crime. At the same time, preventive protection acts as a special form of social and legal regulation, and ensuring the security of the individual is manifested as a reaction of the state and society to crimes.
The system of protection of the individual from criminal encroachments, where constitutional protection occupies a central place, includes the following areas.
The first is the social protection of the individual. All social institutions should be involved here, their functional rights and obligations are related to ensuring the safety of people from criminal encroachments.
The second is the economic protection of the individual. This concerns financial and economic issues, the relevant rights of citizens. Special here is the protection of people from the influence of the shadow economy.
301 The third is the legal or legal protection of the individual, the scope of which includes prosecutorial supervision, judicial protection, etc. This refers to the protection of a person from crimes by legal means, the creation of conditions for the corresponding safety of people. This may include rule-making activities, information and legal support for activities to ensure this security, building a legal foundation for protecting a person, his rights and freedoms, legal control, creating more advanced legal mechanisms for protecting citizens from crime, generalizing and disseminating existing best practices, etc. d. Particular attention should be paid to the areas of activity of the prosecutor's office and courts, the Ministry of Internal Affairs and the Federal Security Service, the justice authorities, the tax inspectorate and the customs service, notary services, etc. My huge role This is where the legal profession comes into play.
The collegium of the Ministry of Internal Affairs of Russia, in its decision of August 31, 1999, indicated that legal regulation activities of the internal affairs bodies do not fully meet the social needs and opportunities in creating reliable legal conditions for effective work to protect the rights and freedoms of man and citizen, to ensure public safety. Special attention The Collegium of the Ministry of Internal Affairs of Russia devoted itself to protecting citizens from crime and protecting the property interests of members of our society. Subsequently, the Collegium of the Ministry of Internal Affairs of Russia addressed these problems more than once.
The preventive protection of citizens from crime cannot be separated from ensuring public safety and strengthening the rule of law. Although not unambiguous concepts "appear" here, their unity is obvious. The protection of the individual and society from crime can be defined as a system of social relations determined by the needs of the development of a democratic state, the formation and improvement of which contributes to the tranquility of citizens, the coherence and rhythm of people's lives, the provision of personal and property inviolability, honor and dignity in their mutual communication, favorable conditions for the implementation each person their rights and freedoms. "The object of preventive
302 protection, closely related to ensuring public safety and strengthening the rule of law, are the life and health of a person, his peace of mind, rights and freedoms, property. In addition, “there is a close relationship between crime prevention and strengthening the rule of law”309. This refers to comprehensive prevention: social and moral, legal, general prevention and special (private) warning, which belongs to the field of criminal law prevention, general and individual prevention as criminal and victim behavior, and by branches of knowledge - administrative-legal, criminal procedure, forensic, penitentiary, operational-investigative, etc. It follows that preventive protection protects all social and personal-human values from criminal encroachments. In this regard, it is permissible to talk about the protective function of preventive protection, which is closely related to the protection of citizens from violations of law and order.
Protection of public and personal interests involves a wide range of social, legal, economic and other measures. The issue of ensuring public order also belongs to this complex. As practice shows, complex preventive measures included in the system of ensuring public security contribute to the successful implementation of the protection of the individual. All these activities are intertwined, ensuring public order (law and order), preventing crime and protecting the individual from crime. The rule of law integrates social (legal) relations based on the most simple rules behavior: behave as the law requires. Such rules are based on social norms of morality, in which the state, society and citizens are interested, and without which it is inconceivable
308 Dubovik O.L. Decision Making in the Mechanism of Criminal Behavior: Abstract of dis... cand. legal Sciences. M., 1984. See also: Ansel Mark New social protection, (translated from French). M., 1970. S. 8-10, 15-25.
309 Seregin A.V. Social order and way of life. // Soviet state and law. 1978.№4.S. 72. See also: Radyushchin Ya.N. Ensuring public safety is the competence of the Ministry of Internal Affairs of Russia. - In the book: Theory and practice of managing internal affairs bodies in the context of reforming the system of the Ministry of Internal Affairs of Russia. M., 2003. S. 141-118.
303 social life. These rules fix the elementary conditions of human communication, thereby preventing crimes, protecting the individual and society from criminal encroachments.
According to such rules and in accordance with them, preventive protection of a person from criminal violence should be carried out. However, to increase the effectiveness of such protection, crime prevention is also needed, as well as the prevention of victim behavior. This is a general and individual prevention aimed at preventing manifestations of criminal violence.
The activity called preventive protection of the individual from criminal encroachments has a special social significance. But, as has already been shown, it also has legal significance. That is why the preventive protection of the individual is elevated to the rank of the most important social and legal task. However, this protection as a type of activity is one of the areas of social practice. Developing this idea, it should be noted that the social practice from which the theory of preventive protection of the individual from crime grows is a criterion for knowing the correctness of this theory, an indicator of the applied significance and meaning of protecting the individual, his actual social role.
The social orientation of the preventive protection of the individual from crime is due, first of all, to the fact that it is associated with the behavior of people, the conditions for the formation of socially deviant behavior, and the peculiarities of the development of society. The very activity to ensure the protection of the individual and the safety of people has social significance. That's why this activity should be considered in the social plane. Protection of the individual from crime, being a kind of social practice, has a special social sound, and hence its public importance. Sociology penetrates into all parts of the preventive protection of the individual from criminal encroachments. There is a kind of "sociologization" of the essence of the protection of the individual under consideration.
The fact is that the formulation of the problem of protecting the individual from crime is, first of all, the formulation of a social problem. IN this case the formulation of the problem is a necessary condition for its solution. At the same time, both the preventive protection of the individual in its essence, and the activities aimed at ensuring such protection, are not "purely" social.
Firstly, the protection of the individual from crime is aimed at preventing violations of legal norms.
Secondly, when solving the relevant problems, not only sociological, psychological and other similar measures are used, but also legal measures.
Methods are used not only of persuasion, but also of coercion, the force of law.
It is clear that it is social conditions that give certain development legal problems of preventive protection of the individual from criminal encroachments, stimulate their social formulation and solution. The social significance of legal problems, as well as the norms regulating activities to ensure the protection of the individual from crimes, is increasing, as it were, which in no way lose their legal specificity. In the process of preventive protection of the individual from criminal encroachments, legal problems become socially justified, socially just and socially valuable. Exactly social problems of the protection in question "transform" its legal issues into a social good. At the same time, the significance of law is not weakened, but strengthened.
It should be noted that the social force of the preventive protection of the individual lies in the law, laws. And crimes, having their own criminal force, which is essentially social, oppose this protection. There is only one way to neutralize the criminal confrontation - to increase the effectiveness of the preventive protection of the individual through the force of law, which has long been socially conditioned, caused by social tension.
Here the emphasis shifts towards crime as a phenomenon. It is crime, representing a set of crimes, that opposes
305 public interests. Severe measures of influence on crime are a special social order. Actually, the problem of preventive protection of the individual from crime develops into the problem of combating crime as a phenomenon. At the same time, the crime control program is of paramount importance310. For her importance has a definition of the content of the relevant policy. This means that the scope of the policy of combating crime includes essentially all the activities of the state and society that have a social orientation.
Now, scientific research on the problems of protecting citizens from criminal threats and criminal encroachments is especially important. It is necessary that they be focused on practical results, on improving the effectiveness of the fight against crime in general and ensuring the safety of citizens. Rise in Importance scientific research in the area under consideration, this is an internal pattern and a social need for theoretical support for practice. Such studies are needed whenever there is a need to obtain new knowledge.
Borodin S.V. Fight against crime: theoretical model comprehensive program. M., 1990; Crime: strategy of struggle. M., 1997.
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Civil society implies a fairly wide autonomy of citizens in actions to solve problems that arise in the process of functioning of such a society. Such problems can be attributed with full confidence to the problem of ensuring the personal safety of members of society from criminal encroachments.
To solve this problem, the state creates special institutes - law enforcement. However, as practice shows, from time to time they assume functions that are very remotely related to law enforcement - it is enough to recall the activities of the "People's Tribunal" and the Gestapo in Germany or the activities of the NKVD and the "judicial troikas" of our country in the 30s of the last century .
The effectiveness of the work of modern Russian law enforcement officers, even without taking into account the level of their corruption, also causes reasonable criticism. Moreover, for objective reasons, state bodies are not able to ensure constant personal security for every citizen (as they say, “you can’t put a policeman on every person”). Therefore, of particular relevance to the normal functioning civil society acquire issues of self-defense of citizens (the authors of this article understand self-defense as necessary defense in the sense in which it is defined by Russian criminal law).
For the implementation of effective self-defense by mankind, a whole arsenal of measures has been developed - tactics of safe behavior, methods hand-to-hand combat, or combat using improvised items, various technical means. There are no restrictions on the application of the first two measures by the Russian state. However, special attention should be paid to the possibility of using technical means.
In accordance with the current legislation, for the purposes of self-defense, citizens of Russia may acquire the following means:
1) long-barreled smooth-bore firearms (i.e. a gun);
2) barrelless firearms of domestic production (OSA type products);
3) gas pistols and revolvers;
4) electroshock devices and devices charged with irritating substances (so-called gas cartridges).
The effectiveness of the listed means for the purpose of ensuring constant personal security is a largely debatable issue, but one can hardly argue with the statement that the most effective for this is a means that is not indicated in the above list, namely, short-barreled firearms, in other words, a pistol. In fairness, it should be noted that Russian legislators still provide for the possibility of a citizen receiving a pistol - this is receiving it as a reward.
Thus, having banned, under pain of criminal liability, the acquisition of pistols by its citizens, the Russian state, by its by-laws, nevertheless provides individual “selected” citizens with the opportunity to carry them, citing the need to encourage such citizens. However, such granting has a fundamental difference in its essence from, for example, the awarding of individual outstanding citizens with any gift orders or letters of commendation.
In the opinion of the authors of this article, this legislative provision bears signs of a violation of paragraph 2 of Article 19 of the Constitution of the Russian Federation. It should be noted that the issue of the compliance of the restriction of the right of citizens to purchase short-barreled weapons with the Constitution of the Russian Federation was considered by the Constitutional Court of the Russian Federation. The court did not see any violations of the basic law, pointing out that this right of citizens has no constitutional consolidation and this issue should be resolved within the framework of legislative activity. Thus, the court, having adopted a formal position, actually removed itself from the principled resolution of the current situation.
In modern Russian society there is no consensus on the need to grant citizens the right to carry pistols. Thus, opponents of allowing the purchase and carrying of short-barreled guns by ordinary citizens, as an argument for their innocence, argue that when they get pistols in their hands, Russians will immediately begin to kill each other in petty domestic conflicts. At the same time, in support of their arguments, they give examples of the unreasonable use of “traumatic” pistols allowed for carrying.
However, these examples testify not so much to the inappropriateness of short-barreled weapons as to the perniciousness of the decision Russian state allow citizens to acquire ersatz weapons - the aforementioned "traumatic" pistols. Knowing the low effectiveness of such pistols, as well as the impossibility of their subsequent identification, individual citizens who are not burdened with special intelligence use them with or without reason, and on such parts of their opponent’s body that they would hardly have used if they had a real gun in their hands. The arguments about the moral immaturity of the main part of the Russian population are similar to the arguments of opponents of the introduction of a jury trial.
It should be noted that Russian media in every possible way indulge opponents of the permission to carry pistols. Thus, much attention is paid by them to the facts of misuse traumatic weapons, although the scale and consequences of such use are insignificant compared, for example, with crimes committed without the use of weapons of self-defense, or accidents on the roads.
Details of the use of weapons by teenagers foreign countries, where the carrying of pistols is allowed, for reprisals against their peers and teachers, and are completely “horror stories” for the Russian layman.
Thus, the media artificially formed public opinion against the permission to carry pistols. What is behind such a position of the media - their characteristic pursuit of "fried" facts or someone's conscious actions - one can only guess. It is not necessary to provide statistical data in this article on the relationship between the wearing of pistols by citizens and the level of crime, since in different sources these data vary significantly, but it should be noted that the current position Russian authorities regarding access to weapons, puts law-abiding citizens in obviously unequal conditions with well-armed criminals.
Returning to the analogy of the right to carry a pistol and jury trials, it can be argued with confidence that granting citizens such a right would increase their level of discipline due to their understanding of the great responsibility that falls on them after acquiring a “daily carry” weapon, just as the consciousness of citizens increases when they are given their right to administer justice in a panel of jurors.
It is possible to predict a positive economic effect from permission to carry handguns. Thus, new jobs will appear in shooting ranges and at shooting ranges, the number of which, after such a permit, will certainly increase significantly. In addition, the warehouses of the Russian Ministry of Defense probably store units of short-barreled weapons that have not been in demand since Soviet times, by selling which, the state would receive an additional source of replenishment of the budget.
Armed citizens will also be able to more effectively counter the nationwide danger - terrorism. Thus, it is difficult to imagine how events would develop in theater center on Dubrovka, citizens have short-barreled weapons in their hands. It is quite possible that such a terrorist act would not have taken place at all. The psychological component of the armament of ordinary citizens also speaks in favor of allowing the carrying of pistols - the attacker will think more than once whether he should attack, given the risk of being seriously injured by any, even the most "flimsy"-looking citizen.
To implement the above model for ensuring the personal security of Russian citizens, it is necessary to amend the legislative acts to provide for the following.
Firstly, permission to purchase and carry short-barreled rifled weapons should be issued to citizens who have passed the necessary checks and the appropriate training course. At the same time, the need to allow rifled weapons is dictated not by the desire of the authors of the article to provide citizens with weapons that are more powerful than smooth-bore ones, but by the peculiarities of trace formation on bullets when using such weapons. Hence the need for legislative change.
Secondly, the obligatory periodic control shooting for the conduct of the all-Russian bullet casing. Such a change would allow investigating authorities unmistakably determine from which particular pistol each particular shot was fired. In other words, committing crimes using a personal pistol would be tantamount to leaving your fingerprints at the crime scene.
Thirdly, the toughening of liability for the crime provided for by Article 224 of the Criminal Code of the Russian Federation (careless storage of firearms). Such a change will certainly put potential handgun owners in a serious mood in relation to the weapons they have.
> Tactics for protecting public order and ensuring the personal safety of citizens at railway transport facilities
Railway transport, in terms of its circulation and volume of passenger traffic, occupies a leading position in transport system Russian Federation. Therefore, the administrative and legal protection of public order and ensuring public safety are characterized by certain features as in the organization (the alignment of forces and operational management them), and tactics (directions, means, forms) of its implementation.
The organization of the protection of public order and the provision of public security, as well as the fight against offenses, should first of all include factors that affect the distribution of forces and means of the relevant parts of the internal affairs in transport.
These include: the length of service areas; round-the-clock cycle of railway transport;
focus and constant movement vehicles a large number of passengers on transport facilities;
the exposure of passenger traffic to seasonal fluctuations;
the possibility of using transport by criminal elements for movement after the commission of an offense; the use of transport by underage "romantics" to travel to other cities, to the sea and even to the Pole; large cluster material assets, relatively free access to cargo, etc.
The length of the areas serviced by the internal affairs bodies qualitatively affects the organization of the protection of public order and public safety. Patrol detachments often serve at a considerable distance from each other and the linear departments (departments) of internal affairs (up to 200 or more kilometers). This makes it difficult to manage, organize control and assist them. In many cases, guards and patrolmen serve at single posts and routes, especially when escorting passenger trains. There are many stations, train stations, platforms and transportation facilities in the serviced areas.
The round-the-clock cycle of work is caused by the need for continuous service for passengers arriving at railway stations, stations, boarding platforms, commuter trains at almost any time of the day. This determines the most rational distribution of forces and means of the body, often necessitates the provision of practical additional assistance to it in the field of protecting public order and ensuring public safety.
The concentration and constant movement of a large number of passengers is, in our opinion, a consequence of the current turbulent social process- pendulum migration of the population. Its level depends on the settlement of people in relation to the places of application of labor, recreation and is determined by the lifestyle of the population, its material and cultural needs.
In the socio-cultural and economic aspect, pendulum migration has a number of positive traits. According to scientists who have studied this problem, migration makes it possible to overcome territorial restrictions in the development of industrial complexes, increase the efficiency of the use of labor resources, expand the zone of direct influence of large cities as the most important centers of material and spiritual culture, meet the social needs of the population, etc.
However, continuous flows of passengers, a large accumulation of human masses in certain periods of time create certain difficulties in organizing the protection of public order and the fight against crime.
Firstly, in the conditions of the accumulation of passengers at railway stations, stations, there is the possibility of temporary shelter at these facilities for persons preparing to commit a crime, wanted, masquerading as passengers. Every year, up to 30% of all wanted persons who are hiding from the investigation and court are detained on transport.
Secondly, in an environment of constant and fleeting movement of masses of people associated with the performance of many operations by persons using transport services (purchases, registration of tickets, registration and receipt of luggage, boarding and disembarking), the effect of distracting factors is manifested, there is potentially a possibility of relatively easy commit a crime and escape. It is no coincidence that most thefts of personal property of citizens in transport are theft of things left unattended.
Thirdly, the mass character of passengers leads to the establishment of short-term casual acquaintances between them, which facilitates the commission of crimes through the use of trust.
Exposure of passenger traffic to seasonal fluctuations. A feature of transportation is significant fluctuations associated with the season of the year, month, day of the week.
Information about the place of execution administrative offenses show that the most criminogenic are:
platforms, trains, ticket halls, waiting rooms.
These are the specific features of the environment for the functioning of the internal affairs bodies, which, intertwined in various combinations, act, as a rule, in the form of factors that determine the tactics of protecting public order and methods of combating offenses at railway transport facilities.
An analysis of the specialized literature and established practice indicates that the organizational and tactical forms of public order protection at transport facilities are similar to those used in the activities of the territorial city and district internal affairs bodies, but at the same time they have some specifics.
Arrangement of patrol units at facilities: stations, railway stations, platforms, airport terminals, ports and other transport facilities; train escort outfits; landing groups; special raids and operations; barriers - this is an approximate hierarchy of forms of organization and tactics for the protection of public order in transport.
The arrangement of patrol units at transport facilities is carried out taking into account the location of the facilities, their specifics and the operational situation.
At stations, train stations, platforms, and airports, the following police units are assigned to protect public order: patrols, police posts, and operational search groups. Posts are usually set up in the premises of railway stations, where a specific place of service is determined for the guard policeman, taking into account the most convenient surveillance of citizens. This form provides a quick response to offenses. Depending on the intensity of passenger traffic, security posts can be set up on the platforms, constantly monitoring the boarding and disembarking of passengers, periodically bypassing the platform, as well as the structures and devices adjacent to it. Ultimately, the implementation of these organizational forms is provided by the main content of the activity regulated in the system of powers of specific performers.
When serving at stations, train stations, platforms, police units are required to:
Prevent and suppress offenses, take measures to detain and deliver offenders;
Timely identify, detain or remove from the stations and the territory of the station persons prone to committing crimes and administrative offenses;
Assist the administration of railway stations, stations in ensuring the prescribed order in the waiting rooms and ticket offices, as well as when boarding and disembarking, warning large clusters and stampede of passengers;
To prevent the boarding of passengers who are in a state of intoxication that offends human dignity and public morality, and to take legal measures against them.
Upon receipt of a report of an offense, the guard is obliged to immediately arrive at the indicated place and demand the cessation of illegal actions, check the documents of the offender and, depending on the type of violation, take action on the spot or deliver the person to the duty unit, and, if necessary, invite eyewitnesses of the offense and victims. Observe that the offender does not throw away any objects along the way, and in case of such an attempt, draw the attention of eyewitnesses to this, pick up the object and deliver it to the duty station or to the police room, which is indicated in the report and explanations of eyewitnesses. A report on the fact of the offense is drawn up on the delivery of the offender to the duty unit.
Tactical methods and techniques for the prevention and suppression of administrative offenses are:
Constant patrolling along the routes of posts;
Finding a guard in places convenient for observation;
Explanation to passengers of the rules of conduct at transport facilities and the use of their vehicles;
A warning conflict situations between passengers;
The requirement to stop the offense;
Application of measures of administrative coercion.
Depending on the specific situation, the order of tactical actions may be different, but in all cases they should be aimed at detaining offenders, providing assistance to victims, identifying eyewitnesses to the offense, and organizing the protection of the scene.
Escort outfits are assigned to commuter and local trains, as well as long-distance trains. Their number and composition in each case are determined by the head of the internal affairs body, taking into account the available forces and means, the number of running trains.
An analysis of the work of the squads accompanying local and suburban trains shows that the squads in most cases keep in touch with the duty units by phone. If necessary, the officer on duty at the internal affairs body can contact the squads via cable communication.
Having started work, the escort squad observes the boarding of passengers, and after the departure of the local or suburban train, through its brigade, informs passengers by radio about the presence of a police squad on the train. During the movement of the train, the squad is on duty, periodically moving along the composition. However, during peak hours, the police squad, as a rule, is located in the vestibule of one of the cars. Having found a violator of public order, the squad stops this offense, and, if necessary, delivers the violator to the internal affairs body. It is important to note here that the detention often takes place in overcrowded cars and therefore requires certain tactics. When detaining an offender, it is necessary to explain to the passengers and the offender the reason for the detention, as well as indicate the point where the offender will be taken.
When detaining a person who has committed petty hooliganism, it is necessary to establish witnesses to the offense. However, after the arrest of the offender, the squad is obliged to deliver him to the duty unit, which eliminates the possibility of escorting the train in the future.
Practice suggests that it is more correct to tactically organize the removal of the offender from the train at one of the nearest stations, where there is an internal affairs body.
In this case, the police squad can continue to serve as a train escort. Upon the arrival of trains at the terminal station, the escort squad, together with transport workers, monitors the disembarkation of passengers, inspects the train cars and takes measures to remove unauthorized persons from them.
A long-distance train escort outfit is appointed to maintain public order and suppress offenses along its route. The number of members of the escort squad is determined by the head of the Internal Affairs Directorate for transport or the head of the linear internal affairs body. To accompany the train special purpose, tourist trains, trains with conscripts or demobilized from the ranks Russian army, with those released from places of deprivation of liberty and other persons following in an organized manner, a reinforced escort squad is allocated, headed by a senior officer from among the operational command staff. The escort of such a train, at the direction of the head of the body, can be carried out to the final destination, within the boundaries railway operated by a police department.
The effectiveness of the work of rapid response points and train escort squads is inextricably linked with the activities of boarding groups, which are created to prevent offenders from entering railway transport facilities; ensuring public order and public safety on platforms, platforms, when boarding and disembarking passengers from trains; identifying and removing persons in a drunken state, hooligans, vagrants, beggars from transport facilities. Boarding groups are formed at large stations from among the police, railway transport and the public. The number of boarding groups is determined depending on the flow of passengers; categories and sizes of landing platforms; layout of passenger stations, as well as the intensity of train traffic passing through this section. As a rule, police officers are appointed as senior groups.
Each landing group is assigned a place from which members of the groups could observe the boarding and disembarking of passengers.
Special operations and raids, being one of the forms of public order protection, are a set of coordinated and interconnected actions of state bodies and public organizations aimed at accomplishing the assigned tasks. Their implementation makes it possible to increase the effectiveness of the fight against offenders and improve the operational situation as a whole.
The raids are carried out according to a specially developed plan with the participation of the railway transport administration, the public and the territorial city and district departments of internal affairs. During their implementation, various ways and methods of protecting public order, maneuvering forces and means. When conducting, for example, special operations and raids "Electric train", "Law and order", "Passenger" in the Moscow Department of Internal Affairs on railway transport, more than 1000 trains are escorted daily.
Barriers are an important organizational and tactical form of protecting public order and ensuring public safety in railway transport. This is an outfit of a linear internal affairs body that performs the task of blocking or blocking railway lines in order to prevent the penetration of an anti-social element into cities where socio-political and other events are held. public events. Barriers provide suppression of cargo thefts and timely detection of offenses.
The work of the barrier is directly ensured by its chief, appointed, as a rule, from among the operational workers (chiefs of linear police stations). The barrier may include officers of the criminal police for the prevention of juvenile delinquency, police officers or junior inspectors of the criminal investigation department. As practice shows, in many places the number of workers in the barriers does not exceed 12 people.
Safety of finding and maintaining economic activity on the territory of St. Petersburg is an important factor in the quality of life and a condition for increasing the attractiveness of the city, both for residents and for tourists and investors. As the second largest city in Russia with high level life, St. Petersburg faces a number of challenges in ensuring personal and public safety. These include: transport problems due to high traffic intensity; the presence of many especially valuable objects cultural heritage with reduced degrees of fire resistance; difficulties associated with a large flow of migrants.
Public safety policy, including road safety, is a priority for the city. A significant goal is to create a new approach to solving the problems of protecting the life and health of citizens, their rights and legitimate interests from criminal and other unlawful encroachments.
To ensure the personal and public safety of citizens, it is necessary to implement a set of measures. Improving the state of affairs with ensuring public safety in the city can be achieved through the use of modern forces and means of protection, the introduction of advanced technologies, by creating a well-functioning state mechanism to prevent the occurrence and development emergencies, reducing losses among the population and material damage to the economy.
Among the main directions of development in this area, one can single out the increase in security traffic, reducing the level of crime, including corruption. To improve road safety, it is necessary, first of all, to conduct a comprehensive study in order to identify the causes of road accidents and develop a system of measures to combat them. Efforts should be directed to the most stressful sections of the roads of St. Petersburg, where a large number of traffic accidents. To improve the situation in such places, it is necessary to install additional traffic lights, road signs with integrated LEDs, pedestrian crossings (including unregulated and off-street crossings), the application of noise strips near pedestrian crossings, the installation of artificial bumps, the creation of sidewalks or the expansion of the roadway.
It is necessary to carry out activities to teach children and adults safe behavior on the roads, to release social videos on television. Schools and kindergartens should set aside special time for regular road safety training. It is necessary to use the special children's centers available in the city for teaching the rules of the road, conducting periodic classes in them with students from St. Petersburg schools.
Measures to improve fire safety should be aimed at increasing the coverage of the territory by fire brigades and reducing the arrival time of the fire brigade on alarm. In addition, it is necessary to improve the system of warning the population about the threat of emergencies. The system is needed to timely inform citizens about a threat or an emergency.
In order to reduce the level of crime for such types as theft and crimes related to drug trafficking, it is necessary to ensure a prompt response to applications from citizens arriving at law enforcement agencies, to distribute a video surveillance system throughout the city and to encourage the city's population to be more active and contribute to solving crimes . The introduction of a system for monitoring the actions of police officers upon receipt of citizens' appeals will help increase the detection of crimes and will contribute to their prevention. Citizens should be given the opportunity to promptly appeal to the regulatory authorities with a complaint about the lack of proper attention to their statements from the police.
Prevention of repeated offenses should be carried out and work should be carried out with minors. Work with youth in schools, secondary vocational and higher educational institutions should be, in particular, focused on preventing the involvement of adolescents and young people in criminal gangs and on cutting off channels for the distribution of drugs among them. Social videos about the dangers of primary drug use should be actively distributed. Videos should be distributed in places most popular among young people - in in social networks at various youth events. Must be created hot line for the treatment of people who are faced with the problem of drug addiction.
One of the key components of the work to improve the level of security in the city is the fight against corruption. It is necessary to concentrate all efforts for the maximum inclusion in this process of the widest circles of society and business. To prevent corruption, it is necessary to carry out explanatory activities among citizens and, in particular, civil servants, aimed at developing their negative attitude to all kinds of bribery. Citizens should be able to promptly report cases of extortion by officials or other cases of dishonest work. It is also necessary to strengthen control over the provision of information by civil servants on their income and expenses. Conducting a more thorough check of employees at the stage of employment in public authorities will avoid many problems in their future work.
The implementation of the measures listed above will increase the satisfaction of the population with the level of their personal safety (up to 90%). Other positive results to be achieved by 2030 include:
Reducing the number of deaths in road accidents per 100 thousand people by 40% compared to 2012;
- reduction in the number of thefts and crimes related to drug trafficking to 15.2 thousand and 8.9 thousand per year, respectively;
- increase in the number of precinct police stations up to 632 units. per 10 thousand people.