Russian police became police not so long ago. What has changed since the adoption of the Federal Law "On Police"? To answer this question, you have to look into the normative act itself.
When was the Federal Police Act passed?
The bill entered into force in 2011, replacing the decree of the RSFSR "On Police" of 1991. Discussion of the project began in 2010. The initiator of the introduction of new elements in the system of internal affairs was Dmitry Medvedev. The normative act was published on the Internet, as a result of which it collected more than 20 thousand comments. Some of them were subsequently taken into account to work with the text of the future bill.
In 2010, the president proposed renaming the Russian police to the police. A lot of criticism began to go around the proposal. Supporters of the project believed that the concept of “police” is associated with professionalism, efficiency and quality of work. Opponents of the renaming spoke of the negative context of the concept, which supposedly referred to the times of World War II.
According to polls of the POF, 52% of respondents did not care about the project, 33% considered the project undesirable, and only 11% spoke in favor of renaming.
Legal basis
The Federal Law "On Police", namely its first article, fixes the points regarding the appointment of the police. The law states that the employees of the instance in question are intended to protect the freedoms, rights, as well as the health and life of Russian citizens. The main functions of the police are to protect the public order and the fight against crime.
The directions of the police, according to article 2 of the law, are the protection of society and the individual, the suppression of offenses and crimes, the search for individuals, the rule of law and security, as well as monitoring compliance with the legislation in the detective sphere.
The Federal Law "On Police", namely its third article, regulates the legal basis for the activities of police officers. Here it is worth highlighting primarily the Russian Constitution, individual treaties of international law, government regulations and some federal laws.
About the principles of activity
The basic principles of the functioning of policemen are still enshrined in the Federal Law of the Russian Federation "On Police". In particular, article 5 of the law speaks of respect for and observance of human and civil rights in Russia. The police should contribute in every way to the development and the quality of the functioning of this principle. The next principle is legality. So, the police must perform their duties in a quality manner only in full compliance with the laws of the Russian Federation. The seventh article talks about the impartiality of the police. The police must stand up to protect the rights and freedoms of citizens, regardless of gender, nationality, race, religion, or other distinctive elements.
Openness and publicity is another important principle that the law enshrines (in article 8). The activities of the police should be visible to absolutely any citizen of the Russian Federation. Finally, Articles 9 and 10 speak of trust and support from citizens, as well as interaction and cooperation. Without these principles, the police would simply not have been possible.
Police duties
The duties of the police are enshrined in article 12 of the bill in question. So, the main functions of representatives of power structures are the following points:
- acceptance and registration of messages and applications from Russian citizens regarding violations of rights and freedoms;
- Immediate arrival at the scene of the offense and crime;
- first aid for persons affected by crime and delinquency;
- identification of the causes of crime;
- ensuring the safety of citizens, control of public order;
- provision of public events (rallies, pickets, processions, etc.);
- adoption of quality measures to save citizens during emergencies;
- initiation of criminal cases, conducting inquiries;
- implementation of search and operational activities;
- individual identification and more.
The Federal Law of the Russian Federation "On Police" assigns a rather large number of duties to representatives of the structure in question.
Police rights
The rights of the structure in question are enshrined in article 13 of the Federal Law "On Police". The following rights are granted to the police to fulfill their functions:
- demand from individuals the cessation of unlawful acts;
- check documents and identity cards of citizens, if there is evidence giving grounds to suspect one or another person of offenses or crimes;
- to call to the police certain officials or ordinary citizens in criminal cases under investigation;
- visit various organizations and public associations during the investigation of criminal or administrative cases;
- require people to leave the scene of the offense or crime;
- draw up protocols, collect evidence, conduct operational investigative measures;
- Deliver individual citizens to the police station;
- demand written examinations and much more.
The Law "On Police" enshrines a fairly large number of police rights. The main types of rights have been identified above.
About the use of physical force
What does the Federal Law of the Russian Federation (No. 3 FZ) "On the Police" say about the use of physical force by employees? According to the considered normative act, the policeman has the right to use violence in separate, exceptional cases. The police officer has a number of special equipment with which he is able to use physical force.
Each police officer is required to undergo special training in the possession of defense equipment, as well as obtain a certificate of professional fitness (based on the results of the audit). According to the bill, the policeman is not responsible for causing harm to citizens and organizations during the use of physical force. However, the excess of police powers will entail liability established by the legislation of the Russian Federation.
About the police officer
How does the Federal Law (No. 3 FZ) "On Police" characterize the police officer himself? Article 25 of this regulatory act will help to answer this question. So, according to the law, a policeman is a citizen of the Russian Federation, performing duties in the internal affairs bodies in the prescribed manner. A police officer must have a special rank confirming his status.
The police officer, according to the bill under consideration, is at the disposal of the federal executive body. He performs the functions and exercises the rights in accordance with the special job description. The police officer must have a special certificate, badge, badge, uniform and firearms. Each police officer is subject to mandatory fingerprint registration (fingerprinting).
About Warranties
The Federal Law "On Police" (the main law as amended on July 3, 16) enshrines the basic social guarantees of each police officer. What exactly is worth highlighting here?
The first and perhaps the most important social guarantee for a policeman concerns wages. Each police officer must be provided with timely monetary allowance, which is a means of material support and an incentive to continue official work. Material support for a police officer is regulated by Russian law.
The following social guarantee applies to insurance payments to police officers. So, the death of a policeman or receiving serious injuries will entail payments defined by law, designed to compensate for the harm received in the performance of official duties. The health and life of any policeman should be subject to state insurance. This should be carried out at the expense of the federal budget of the Russian Federation.
Housing for a police officer is also an essential social guarantee. Each policeman should be provided with office accommodation at the expense of the federal budget. At the same time, the police themselves have a special housing fund formed by the federal executive body.
In addition to all of the above, it is also worth highlighting social guarantees related to the medical care of police officers and members of their families, as well as guarantees governing the procedure for police service.
Control and supervision
The Federal Law of the Russian Federation “On Police”, adopted in February 2011, regulates, in addition to all of the above, state and public control over the activities of police officers. Thus, article 49 of the bill under consideration establishes the need to control the police structure by the chambers of the Federal Assembly, the President of the Russian Federation, the Constitution, federal and federal constitutional laws.
Public control over the police should consist of oversight by the Public Chamber of the Russian Federation, various supervisory commissions and public councils formed under federal executive bodies.