Constitutional-Legal and Administrative-Legal Aspects of Statutory Regulation and Maintenance of Public Security in the Russian Federation by the State and Private Actors

  • Anna I. YASTREBOVA Russian State Social University, Moscow, Russia
  • Alexander I. STAKHOV Russian State Public Justice University, Moscow, Russia
  • Pavel A. MERKULOV Mid-Russian Institute of Management – a branch of the Russian Presidential Academy of Natural Economy and Public Administration, Orel, Russia
  • Tatyana Y. SUCHKOVA Vyatka State University, Kirov, Russia
  • Vladimir I. FILONOV Mid-Russian Institute of Management – a branch of the Russian Presidential Academy of Natural Economy and Public Administration, Orel, Russia
  • Evgeniia S. MATVEEVA Mid-Russian Institute of Management – a branch of the Russian Presidential Academy of Natural Economy and Public Administration, Orel, Russia

Abstract

The topicality of the researched problem is caused by the need for the rule-making and law-enforcement activity of the Russian Federation and its constituent entities in the development of scientifically proven, clear and consistently understandable mechanism of public security regulation as well as the arrangement in Russia of an efficient system of state and private actors maintaining the public security, participation of civil institutions in the public security and order maintenance. The article objective is to develop the doctrinal key positions describing the specific features of constitutional-legal and administrative-legal framework of statutory regulation and public security maintenance in the Russian Federation. The dialectic interconnection between the constitutional-legal and administrative-legal means of public security regulation in the Russian Federation is the leading approach to this problem researching. The comparative-legal method, which allows researching the federal legislation and the legislation of constituent entities of the Russian Federation as well as the foreign experience in the researched sphere, is another method. The article contains the analysis of the provisions of the Constitution of the RF and the Federal Law Concerning Security, the determination of scientifically substantiated limits, structure and content of public security as an object of administrative and legal regulation, taking which into account the specific features of activity of the President of the RF, the Security Council as well as the legislative, executive and judicial authorities as the subjects of public security maintenance are described; the substantiation of specific features of activity of private actors maintaining the public security; the analysis of experience of activity of civil institutions participating in the public security maintenance in the foreign countries, including in the USA and Great Britain. The article materials can be used in the domestic and foreign theory of constitutional and administrative law, in the rule-making activity of the Russian Federation and its constituent entities, in the practical activity of executive authorities, citizens and non-governmental organizations, which participate in the implementation of the state policy for the public security maintenance.

References

[1] Agabalaev, M., and Voronov, A. 2012. Administrative-Legal Regime in Theory and Practice of Public Security Maintenance in the Russian Federation. Moscow: Publishing house of the Russian Customs Academy.
[2] Belorusov, V.B. 2005. Administrative-Legal Status of Private Subjects of Law-Enforcement Activity in the Russian Federation. Moscow: Moscow University of the Ministry of Internal Affairs of Russia.
[3] Boskhamjieva, N.A. 2015. Administrative-Legal Framework of Public Security Maintenance in the Russian Federation. Moscow: UNITY-DANA.
[4] Ermolovich, G.P. 2001. Voluntary Associations in the USA Fighting Crime. Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of Russia.
[5] Falaleev, M. 2009. Police Calls the Citizens to Maintain the Public Order. The Rossiiskaya Gazeta – Federal issue 4864: 1.
[6] Khabrieva, T., and Chirkin, V. 2005. Theory of Contemporary Constitution. Moscow: Norma publishing house.
[7] Kondrashov, B.P. 1998. Public Security and the Administrative-Legal Means of its Maintenance. Moscow: Lawyer.
[8] Kozlovsky, A.B. 1998. Public Participation in the Offenses Fighting. Moscow: Moscow Law Institute.
[9] Kunakov, P.A. 2007. Participation of Civil Society Actors in the Law Enforcement as a Form of Manifestation of Social-Legal Activity. Vladimir: Vladimir Law Institute of the Federal Penal Service.
[10] Makareiko, N. 1996. Official Enforcement as the Means of Public Order Maintenance. Nizhny Novgorod: Nizhny Novgorod Law Institute.
[11] Redkous, V., and Sergeev, A. 2016. Issues of Interaction between the Law-Enforcement Agencies and Civil Society Institutes in the Strategy of National Security of the Russian Federation. The Law and Right, 2: 154-156.
[12] Sapozhnikov, A.I. 2006. Pubic Security Administrative-Legal Regime. Moscow: The Russian Law Academy. 198.
[13] Shkurkin, S.I. 2003. Administrative-Legal Status of Public Order Maintenance Law-Enforcement Non-Governmental Organizations. Moscow: The MVD Administration Academy of Russia.
[14] Stakhov, A.I. 2007. Administrative-Public Maintenance of Security in the Russian Federation. Moscow: The Russian Law Academy of the Ministry of Justice of Russia.
[15] Taylor, B. 2006. Law Enforcement and Civil Society in Russia. Europe-Aria Studies, 2: 193-213.
[16] Terentiev, S.A. 2009. Legal and Organizational Framework of the Citizens Participation in the Public Order Maintenance. Moscow: The Russian Academy of Public Administration under the President of the Russian Federation.
[17] The Air Code of the Russian Federation No. 60-FZ dated March 19, 1997 (as amended on July 6, 2016). 1997. Legislation Bulletin of the Russian Federation, 12: 1383.
[18] The Civil Code of the Russian Federation. Part 1. 1994. Legislation Bulletin of the Russian Federation 32: 3301.
[19] The Code of Administrative Offences of the Russian Federation No. 195-FZ dated December 12, 2001 (as amended on November 22, 2016). 2002. Legislation Bulletin of the Russian Federation 1:1.
[20] The Concept of Public Security of the Russian Federation (approved by the President of the RF on November 14, 2013 No. Pr-2685). Available at: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=LAW&n=154602&fld=134&dst=1000000001,0&rnd=0.4405611397336948#0 (date of address: December 11, 2016).
[21] The Constitution of the Russian Federation (adopted by the nation-wide voting on December 12, 1993). 2014. Legislation Bulletin of the Russian Federation, 31: 4398.
[22] The Decision of the Constitutional Court of the Russian Federation dated May 11, 2012. No. 834-O Concerning the Dismissal of a Request for a Hearing of the Complaint of Citizen Yusupov, Ilgiz Abudarovich, of a Violation of His Constitutional Rights by a Number of Provisions of the Law of the Republic of Bashkortostan Concerning the Arrangement of Public Road Passenger Transport Services in the Republic of Bashkortostan as well as by Part 1 Article 8.1 and Part 1 Article 8.2 of the Administrative Offence Code of the Republic of Bashkortostan. Available at: http://www.consultant.ru/cons/cgi/online.cgi?req=doc;base=ARB;n=279892#0 (date of address: December 11, 2016).
[23] The Decision of the Constitutional Court of the Russian Federation dated October 20, 2005 No. 389-O Concerning the Dismissal of a Request for a Hearing of the Complaint of Citizen Karavaev, Nikolai Petrovich, of a Violation of His Constitutional Rights by Article 32 of the Law of the Republic of Adygeya Concerning the Administrative Offences. Available at: http://www.garant.ru/products/ipo/prime/doc/1254743/ (date of address: December 11, 2016).
[24] The Decision of the Constitutional Court of the Russian Federation dated May 26, 2011 No. 741-O-O Concerning the Dismissal of a Request for a Hearing of the Complaint of Citizen Smirnov, Alexei Anatolievich, of a Violation of His Constitutional Rights by Clause 1 Part 2 and Clause 2 Part 3 Article 12 of the Law of Moscow Region Concerning the Arrangement of Public Transport Services in Moscow Region and Part 2 Article 12 of the Law of Moscow Region Concerning the Administrative Liability for the Offences in the Automobile and Road Electric Transport in Moscow Region. Available at: http://www.consultant.ru/cons/cgi/online.cgi?req=doc;base=ARB;n=203530#0 (date of address: December 11, 2016).
[25] The Decision of the Constitutional Court of the Russian Federation dated October 17, 2006 No. 484-O Concerning the Dismissal of a Request for a Hearing of the Complaint of Citizen Paltsev, Dmitry Yurievich, of a Violation of His Constitutional Rights by Article 5 of the Law of the City of Moscow Concerning the Administrative Liability for the Offences the Field of Consumer Market and Services of the City of Moscow. Available at: http://www.consultant.ru/cons/cgi/online.cgi?req=doc;base=ARB;n=38939#0 (date of address: December 11, 2016).
[26] The Federal Constitutional Law No. 3-FZC Concerning the Emergency dated May 30, 2001 (as amended on July 3, 2016). 2001. Legislation Bulletin of the Russian Federation 23: 2277.
[27] The Federal Law No. 116-FZ On Industrial Safety of Hazardous Industrial Facilities dated July 21, 1997 (as amended on June 2, 2016). 1997. Legislation Bulletin of the Russian Federation, 30: 3588.
[28] The Federal Law No. 184-FZ Concerning Technical Regulation dated December 27, 2002 (as amended on April 5, 2016). 2002. Legislation Bulletin of the Russian Federation, 52 (part 1): 5140.
[29] The Federal Law No. 196-FZ On Road Traffic Safety dated December 10, 1995 (with the amendments, which became effective on July 15, 2016) (as amended on July 3, 2016). 1995. Legislation Bulletin of the Russian Federation, 50: 4873.
[30] The Federal Law No. 390-FZ Concerning the Security dated December 28, 2010 (as amended on October 5, 2015). 2011. Legislation Bulletin of the Russian Federation, 1: 2.
[31] The Federal Law No. 3-FZ Concerning the Police dated February 7, 2011 (with the amendments, which became effective on July 4, 2016) (as amended on July 3, 2016). 2011. Legislation Bulletin of the Russian Federation, 7: 900.
[32] The Federal Law No. 3-FZ Concerning the Radiation Safety of Population dated January 19, 1996 (as amended on July 19, 2011). 1996. Legislation Bulletin of the Russian Federation, 3: 141.
[33] The Federal Law No. 44-FZ Concerning the Participation of Citizens in the Public Order Maintenance dated April 2, 2014. 2014. Legislation Bulletin of the Russian Federation, 14: 1536.
[34] The Federal Law No. 69-FZ Concerning Fire Safety dated December 21, 1994 (as amended on June 23, 2016). 1994. Legislation Bulletin of the Russian Federation, 35: 3649.
[35] The Federal Law No. 7-FZ On Protection of Environment dated January 10, 2002 (as amended on July 3, 2016). 2002. Legislation Bulletin of the Russian Federation, 2: 133.
[36] The Government Decree of the City of Moscow No. 14-PP Concerning the Approval of Provision on the People’s Guards of the City of Moscow (as amended on January 22, 2013). 2003. The Bulletin of Mayor and Government of Moscow, 7.
[37] The Government Decree of the City of Moscow No. 797-PP Concerning Approval of Regulations of Use of Common User Public Land Transport (Tram, Trolleybuses, Buses) in the City of Moscow dated September 2, 2008 (as amended on March 1, 2016). 2008. The Bulletin of Mayor and Government of Moscow, 52.
[38] The Law of Altai Territory No. 12-ZS Concerning the Participation of Population in the Public Order Maintenance in Altai Territory dated March 6, 2000 (as amended on May 27, 2011). 2000. Collection of legislation of Altai Territory, 47(67): 15.
[39] The Law of Saint Petersburg No. 760-95 Concerning the Participation of Population in the Public Order Maintenance in Saint Petersburg dated November 8, 2001 (as amended on December 15, 2010). 2001. The Bulletin of the Legislative Assembly of Saint Petersburg, 12.
[40] The Law of the City of Moscow No. 36 Concerning the People’s Guards of the City of Moscow dated June 26, 2002 (as amended on October 7, 2015). 2002. The Bulletin of Mayor and Government of Moscow, 31.
[41] The Law of the City of Moscow No. 9 Concerning the Participation of the Residents of the City of Moscow in the Public Order Maintenance dated March 28, 2001 (as amended on October 7, 2015). 2001. The Bulletin of Moscow State Duma, 5: 43.
[42] The RF Government Decree No. 1090 Concerning the Traffic Rules (together with the Fundamentals of Vehicles Release for Service and the Officials’ Obligation to Prove the Road Traffic Safety dated November 23, 1993 (as amended on September 10, 2016). 1993. Collection of RF Presidential and Government Decrees, 47: 4531.
[43] The Russian Federation Presidential Decree No. 683 Concerning the Strategy of National Security of the Russian Federation dated December 31, 2015. 2016. Legislation Bulletin of the Russian Federation 1 (part II): 212.
[44] Then Criminal Code of the Russian Federation No. 63-FZ dated June 13, 1996 (as amended on November 22, 2016). 1996. Legislation Bulletin of the Russian Federation 25: 2954.
[45] Vasiliev, D.V. 2005. Concepts of Police Activity Arrangement and the Opportunities to Use them in the Domestic Practice (based on the material of the USA and some countries of Western Europe). Moscow: MVD Administration Academy of Russia. 236.
[46] Yastrebova, A. 2012. Constitutional-Legal Basis of Activities of Non-Governmental Organizations in the System of Public Order Maintenance in the Russian Federation. Moscow: The Russian State Social University. 209.
[47] Yastrebova, A. 2016. Concerning the Issues of Interaction between the Non-Governmental Organizations and Police Agencies in the Public Order Maintenance in the Russian Federation. Bulletin of Moscow University of the Ministry of Internal Affairs of Russia, 3: 91-95.
[48] Yastrebova, A. et al. 2016. Civil Public Organizations for Providing a Public Order and their Role in Forming of Civil Society. Journal of Advanced Research in Law and Economics, 2(16): 417-425.
Published
2017-06-08
How to Cite
YASTREBOVA, Anna I. et al. Constitutional-Legal and Administrative-Legal Aspects of Statutory Regulation and Maintenance of Public Security in the Russian Federation by the State and Private Actors. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 1, p. 272-290, june 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1154>. Date accessed: 16 apr. 2024.