State: its features and functions. Law enforcement policy as the basis for the modernization of law enforcement External functions of the state

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The social purpose of the state elective course in political science, grades 10-11 Compiled by Kushchenko G.V., history teacher, MKOU "Gaufskaya secondary school"

“Outside the state - the dominion of passions, war, fear, poverty, abomination, loneliness, barbarism, savagery, ignorance; in the state - the dominion of reason, security, wealth, decency, refinement, knowledge and favor. T.Hobbes

The social purpose of the state in society 1. The state decides common affairs, governs the people living on its territory. The state reveals the common interests of its citizens: the desire for security, stability, comfort. It contributes to the preservation of public order, organizes and controls the implementation of activities necessary for the development of society as a whole.

2. The state resolves social disputes (national, class, religious, etc.). The political elite is looking for compromises that, while preserving the foundations of the social system, would push back the danger of a head-on collision. social groups. The duty to resolve conflicts between individual citizens, organizations, state bodies lies with the courts. The state power is also responsible for the settlement of external conflicts.

3. The state uses legal and legitimate violence. The legality of coercion is the compliance of coercive measures with the law. The legitimacy of violence is the degree to which the population supports the measures being applied. Coercion acts in the form of criminal punishment, administrative, property and other sanctions. Legitimacy is confirmed by the data of public opinion, voting, referenda. Universal criterion legitimacy of coercion - compliance with its universal values.

"Bayonets are good for everything, but you can't sit on them." Talleyrand

The functions of the state The functions of the state are the main directions of its activity, expressing the essence and purpose of the state in society. Functions of the state internal external

Domestic Political Law Enforcement Social Development health care, education, science, culture Ensuring national security Ecological Information Transport Construction of public systems (roads, irrigation, reclamation, defensive, etc.) Combating the consequences of emergency situations Economic External Diplomacy Defense Foreign policy Law enforcement Social Cultural cooperation Promoting the strengthening of world law Environmental Information Cooperation in permitting global problems Foreign economic

Main internal functions 1 . Political: It is due to the need to balance the interests of different social groups. The state forms a parliament, ensuring democracy. The state ensures the protection of the constitutional order and state sovereignty The state carries out law-making activities

2. Economic It is expressed in the development of programs economic development countries The state establishes taxes Issues loans, investments Establishes incentives for subjects economic activity Creates the legal basis for the market Manages enterprises owned by

3.Law Enforcement It is aimed at ensuring the exact and complete implementation of laws by all citizens, organizations and state. Authorities The state applies legal measures Fights offenses with the help of the law enforcement system

4. Ecological At the present stage - one of the main functions of the state. The state develops environmental legislation

External functions of the state 1. Diplomatic: The state promotes the maintenance of acceptable relations with all countries, regardless of their ideology, economic system

2. Defense function: The state keeps its armed forces on alert to repel external aggression

3. Foreign policy: The state carries out political cooperation with other states in order to exclude global armed conflicts The main bodies for coordinating the political interests of countries: the UN, the UN Security Council

5. Foreign economic: Associated with the development of mutually beneficial cooperation with other states, manifested in the international division of labor, the exchange of technologies, the coordination of trade, the development of credit and financial ties.

6. Law enforcement: It consists in resolving disputes between states, protecting those states and peoples who are not able to stand up for themselves. It manifests itself in the fight against international terrorism and crime.

8. Social: Manifested in social assistance and support for developing countries, as well as countries in transition (aid, financial, humanitarian, etc.)

9. Cultural cooperation: Carried out on the basis of bilateral and multilateral agreements between states, non-governmental organizations (IOC). UN activities coordinated by UNESCO

10. Contribute to the establishment of world legitimacy: Manifested in the development of international law (International humanitarian law, International Charter of Human Rights)

11. Information: Providing the world community and its peoples with truthful information about international events.

12. Environmental: Participation in the aftermath of environmental disasters

13. Cooperation of states in solving global problems of our time: Organization rational use natural resources, energy conservation, peacekeeping, demographic policy, etc.

Along with morality and law, a number of other social regulators operate in society, the most important of which is politics.

The main issue of politics is the question of power, its conquest, use and retention.

Differences:

The presence of differences between politics and morality under certain conditions can turn into a manifestation of contradictions between them:

1. Politics is more volatile than morality, so political actions may be contrary to outdated moral standards, which become an obstacle to the implementation of political goals that reflect the needs that have formed in society.

2. There is a problem of observing the principle of fairness in the implementation of law enforcement policy. We are talking about the fact that the interests of both victims and offenders should be equally protected.

3. In situations where politics does not meet the interests of society, it comes into conflict with correct moral principles.

4. The contradiction between morality and politics may not really be realized by people ( Stalinist repressions), and vice versa, in reality, such a contradiction may not exist, but for one reason or another, a person can perceive it (strikes of employees of joint-stock enterprises).

The fundamental principle of morality - humanism is manifested in the legislative consolidation of the obligation, police officers to provide first aid and notification to persons who have received bodily injuries when using means of coercion short term their relatives (clauses 4, 5, art. 19).

It is also important to determine for each special means separately the grounds and the order of their application. Besides, Russian law allowed the police to use all special means in cases where it is possible to use firearms, which is quite explainable by the relatively lower degree of danger of special means.

An analysis of Article 22 shows that it is also ethical to prohibit the use of special means “when suppressing illegal meetings, rallies, demonstrations, marches and pickets of a non-violent nature that do not violate public order, the operation of transport, means of communication and organizations” (clause 1.2). .

In accordance with the fundamental moral principle of humanism, it is forbidden to use special means in relation to women with visible signs of pregnancy, persons with clear signs disability and minors, except when they show armed resistance, commit a group or other attack that threatens the life and health of people (clause 1.1).

It is humane to prohibit the use of firearms with the production of a shot to kill against women, persons with obvious signs of disability, minors, when the age is obvious or known to the employee, except when they carry out an armed or group attack that threatens people's lives, as well as with a significant crowd of people when unauthorized persons may suffer from this (p. 5, 6).

The use of physical force, special means and firearms in excess of authority entails liability established by law.

It should be noted that although the police have a wider scope of powers to use coercive measures than other organs of state administration, their use is not the only means available to them. The police is not a body for coercion, violence, its goal is protection, ensuring the personal safety of citizens, the state and society as a whole.

What is a state?

State there is a special rather stable political unit representing an organization of power and administration separated from the population and claiming the supreme right to govern (demand actions) certain territory and population, regardless of the consent of the latter; having the strength and means to carry out its claims.

State there is a machine for oppressing one class by another, a machine for keeping other subordinate classes in subjection to one class. (V. Lenin)

State- this is the concentration of all the mental and moral interests of people. (Aristotle)

State is a union of people united by a common set of rights and goals. (Cicero)

State It is a society of people that manages and governs itself. (Kant)

State- a political-territorial sovereign organization of public authority, which has a special apparatus for the implementation of administrative, supportive, protective functions and is able to make its orders binding on the population of the whole country.

Question: Is there a difference in the given definitions of the state? Can we try to divide these definitions into some groups? How do they differ from each other?

By the way, saying: A very interesting problem is hidden in the etymology of the origin of the term "state" in Ancient Russia and Western Europe. In Russian, the word "state" comes from the old Russian "sovereign" (the so-called prince-ruler in ancient Russia), which, in turn, is associated with the word "master" and "lord". The root of the word "state" - "state" - also comes from the Greek word "despot". It can be assumed that since the derivatives “state”, “government” appear later than the already established meanings “sovereign”, “sovereign”, then in the Middle Ages in Russia the “state” was usually perceived as directly related to the possessions of the “sovereign”, and the "sovereign" himself - as the owner of all subjects (slaves).

In turn, in the West, the word "state" had a completely different origin. The English “state”, the German “staat”, the French “l’estate” has its root in the Latin “status” - a state, status, that is, a state of rights and obligations, or, in other words, characterizing the status of a citizen and a non-citizen. Thus, in the Western European tradition, the "state" is perceived as a device or state of people.

In the German tradition there is a term "Reich"(from German Reich) - “empire”, “state”, which has as its root the word “reiche” - a row, a system. By the way, in Russian there is similar word- “order”, which has the word “row” as its root - an agreement.

Another interesting origin of the word “state” is from the Greek “polis” (Greek πόλις - city-state), which is also translated as “multiplication”, “unification”, and the Roman word “res-publica” - which translates as “general a business".

The main directions of state activity in state management are concentrated in the functions of the state, which have been constantly changing throughout the history of mankind. Even ancient thinkers believed that the main task of the state is to protect its subjects from external enemies and maintain order within the country. In the 17th century, through the lips of the English philosopher T. Hobbes, the idea of ​​the natural state of people as a war of "all against all" was born. In this regard, the state began to be regarded as a kind of “Leviathan”, which should rally society, managing its affairs, in exchange for most of the civil rights and freedoms, up to the physical destruction (execution) of a citizen in the interests of the state. The Age of Enlightenment and the birth of capitalism gave rise to new ideals of the relationship between society and the state, which were embodied in the ideas of the English economist Adam Smith. Smith believed that in the conditions of the development of a free market, the state should perform the functions of a "night watchman", that is, without interfering in the rights and freedoms of citizens (especially in their economic relations), maintain law and order, support the army and police on tax revenues, protect life and property of citizens, to take care of the education of the lower classes, to conduct foreign policy and protect society from external threats. Throughout the 19th century, A. Smith's point of view was considered decisive for the functioning of the state, until the First World War and the Great Depression gave rise to the phenomenon of a total state, which considered itself in the right to interfere in any area of ​​​​the life of its citizens - “Everything for the state, nothing but the state nothing against the state.” An alternative to it were the ideas of the "welfare" state, the foundations of which were laid by the American President F. D. Roosevelt in his "New Frontiers" program, and the post-war evolution of the development of America and countries Western Europe, which was based on the search for a compromise between the interests of all citizens of the country and the powers of the state.

SIGNS OF THE STATE

The state as an organization of power in society differs from the forms of power in pre-state primitive communities of people in a number of important ways. The main ones are:

• The presence of public authority. These are certain legislative and executive authorities, the bureaucracy, the courts, the police (the police, for example, were already in Ancient Egypt), the army.
• Administrative-territorial organization. At public administration There is a division of the country according to the administrative-territorial principle. This is necessary for a more rational management of society, tax collection, etc. In primitive society, the organization was based on blood ties.
• Regular collection of taxes. It is necessary for the maintenance of the army, the state apparatus, and public works.
• State sovereignty. This is the monopoly right of the state to legislation and administration within the country, as well as its autonomy and independence in relations with other countries.
• Coercion device.

Additional signs of the state:

1. Language as a means of communication in the territory of a state.
2. Unified defense and foreign policy.
3. Unified transport, information, energy systems, common market, etc.

FUNCTIONS OF THE STATE

The functions of the state are very numerous. The main ones were already inherent in the ancient states, others arose as civilization developed. The functions of the state are divided into domestic and external.

To the main internal functions states include:

• establishment and maintenance of the regime of law and order in society;
• organization of economic life, money circulation in the country;
• implementation of socially significant works (construction of roads, bridges, irrigation systems and
  etc.);
• social function - the organization in society of certain systems of health care, education, assistance to the poor and the disabled, etc.

The main external functions of the state include:

• protection of borders and defense of the country in case of attack from outside;
• foreign policy activity - representation of the country in relations with other countries;
• organization of economic relations with other countries.

QUESTIONS:

1. Find the signs of the state in the list below. Write down the numbers under which they are indicated. List all correct answers:

Answer

2. Give three examples of how a state performs its foreign policy functions.

Answer

As examples of the state's performance of its foreign policy functions, the following can be given:

1) development military doctrine and concepts of national security;

2) maintaining a sufficient level of the country's defense capability;

3) protection of the independence and territorial integrity of the state;

4) participation in the regulation of interethnic and interethnic conflicts, etc.

3. Find the signs of the state in the list below. Write down the numbers under which they are indicated. List all correct answers:

Answer

4. (1−4). Read the text and do tasks 1-4.

There is a special type of power in society. Its main distinguishing feature is that decisions made by the subject of power become binding on all members of society, the entire population. These can be decisions on a certain procedure for levying taxes, the procedure governing property rights, the procedure for considering and resolving conflicts and disputes, and much more. This type of power is called political.

Political power is based on a special type of social inequality - political inequality.<…>

... The division of people into hosts political decisions, managing the society, and on their performers preserved. Only the procedure for forming a group of managers has changed, it has become more democratic, open, and the group itself has become more mobile, internally heterogeneous. This group received its own name in political science and sociology - the political elite, which ceased to coincide with the class or economic division of society.

At the heart of political inequality lies the inequality of political statuses. A person receives the right to make responsible political decisions precisely because of his special status in the hierarchical structure of society, becoming a member of the government, a member of parliament, a leader of a political party, etc.<…>

The political government creates the prerequisites for the management of society. Indeed, in order to coordinate the life of society, a kind of management center, a “brain headquarters”, as well as overcoming centrifugal tendencies, selfishness, individual and group interests, is necessary. That is why the history of society is not the history of the elimination of political inequality, but the search and creation effective ways its organization, so that political inequality itself does not conserve society, but contributes to its development.

The reproduction of relations of political power is facilitated by the norms and rules governing this type of wearing.

(Pushkareva G. V. Power as a social institution // Social and Political Journal. 1995. No. 2. 87−88.)

1) Based on the text, indicate the main distinguishing feature of political power.

3) The right to make responsible political decisions, as the author notes, is given to a person who has a special status in the hierarchical structure of society. Bring based on the knowledge of the social science course and acts public life three examples of factors that affect a person's achievement in modern society such a status.

Answer

1.

home distinguishing feature political power lies in the fact that the decisions made by its subject become binding on all members of society.

2. The correct answer must contain the following elements:

The features of political inequality at the present stage, according to the author, include the following:

Changing the order of formation of the political elite in the direction of strengthening democracy and openness;

The change in the political elite itself, which no longer coincided with the class and economic division of society, became more mobile and internally heterogeneous.

3. The correct answer must contain the following elements:

As factors influencing the achievement of a special status by a person in the hierarchical structure of society, the following can be given:

1) exceptional personality traits;

2) level of education;

3) support for a political organization;

4) access to the media, etc.

4. The correct answer must contain the following elements:

Examples of these rules may include:

1) norms defining the status of the head of state, the political elite, state institutions;

2) the norms that determine the procedure for the formation of the political elite (in democratic countries, the competitive struggle in elections has become the norm, in countries with a totalitarian regime - party affiliation);

3) norms defining the rights and obligations of managers and managed, their mutual responsibility (Russkaya Pravda by Yaroslav the Wise, Cathedral code Alexei Mikhailovich, Constitution Russian Federation and etc.)

5. Establish a correspondence between the examples and the functions of the state that they illustrate: for each element given in the first column, select the corresponding element from the second column.

Write down a sequence of numbers.

Answer

6. (1−6). Read the text and do tasks 1-6.

Needless to say, how laudable in the sovereign is loyalty to the given word, straightforwardness and unswerving honesty. However, we know from experience that in our time great things were achieved only by those who did not try to restrain given word and knew who needed to be circled around the finger; such sovereigns, in the end, succeeded much more than those who put on honesty<…>You need to know that you can fight the enemy in two ways: firstly, by laws, and secondly, by force. The first way is inherent in man, the second - in the beast; but since the former is often insufficient, the latter must also be resorted to. It follows from this that the sovereign must assimilate what is contained in the nature of both man and beast.<…>From which it follows that a reasonable ruler cannot and should not remain true to his promise if it harms his interests and if the reasons that prompted him to make a promise have disappeared. Such advice would be unworthy if people honestly kept their word, but people, being bad, do not keep their words, therefore you should do the same with them. And there's always a plausible excuse to break a promise.<…>We must be compassionate in the eyes of people, true to word, merciful, sincere, pious - and to be such in fact, but inwardly one must remain ready to show the opposite qualities, if necessary<…>A dispute may arise as to which is better: to be loved by the sovereign or to be feared. They say that it is best when they are afraid and love at the same time; however, love does not coexist badly with fear; so if you have to choose, it is safer to choose fear. For it can be said of people in general that they are ungrateful and fickle, prone to hypocrisy and deceit, that they are frightened off by danger and attracted by gain: as long as you do them good, they are yours with all their souls, they promise to spare nothing for you: neither blood nor life, no children, no property, but when you need them, they will immediately turn away from you. Moreover, people are less afraid of offending someone who inspires them with love than one who inspires them with fear, for love is supported by gratitude, which people, being bad, can neglect for their own advantage, while fear is supported by the threat of punishment, which cannot be neglected.<…>So, returning to the dispute about what is better: to love the sovereign or to be afraid of him, I will say that they love sovereigns at their own discretion, and fear - at the discretion of sovereigns, therefore it is better for a wise ruler to rely on what depends on him, and not from someone else; it is only important in no case to incur the hatred of subjects<…>

(Adapted from the book. N. Machiavelli)

1) Plan the text. To do this, highlight the main semantic fragments of the text and title each of them.

3) What feelings of subjects towards the sovereign does N. Machiavelli write about? What is his position on this issue? How does the author justify his position?

5) M. headed the state at a difficult moment. He promised to lead the country out of the crisis by guaranteeing the rights of owners and freedom of enterprise. Soon, in order to replenish the state budget, M. announced the nationalization of oil companies and the introduction of a number of state monopolies. How can this be explained? Provide a piece of text that may help you answer the question.

6) N. Machiavelli's judgments are often assessed as immoral. Do you agree with this assessment? Based on the text and social science knowledge, give two arguments (explanations) in defense of your opinion.

Answer

1. In the correct answer, the points of the plan must correspond to the main semantic fragments of the text and reflect the main idea of ​​each of them. The following semantic fragments can be distinguished:

fidelity of the sovereign to his word;

ways to deal with enemies;

how the people should treat the ruler.

Other formulations of the points of the plan are possible that do not distort the essence of the main idea of ​​the fragment, and the allocation of additional semantic blocks

2. The following qualities can be named in the correct answer:

fidelity to this word;

straightforwardness;

unswerving honesty;

compassion;

mercy;

sincerity;

piety.

Other qualities may be named.

3. The response must contain the following elements:

two feelings in relation to people to the sovereign: love and fear;

rationale: fear is supported by the threat of punishment, which cannot be neglected.

4. The following recommendations can be made in the answer:

you can break your promise if it harms your interests or if the situation has changed;

you must rely on what depends on you, and not on someone else;

in no case should one incur the hatred of subordinates;

flatterers, hypocrites cannot be trusted.

Other recommendations may be formulated based on the text.

5. The correct answer must contain the following elements:

an explanation of the fact given in the assignment, for example: circumstances have changed, his awareness of the interests of the state, therefore the politician M. found it possible to break this promise.

Another explanation of the fact given in the task can be given.

text fragment: "a reasonable ruler cannot and should not remain true to his promise if this harms his interests and if the reasons that prompted him to make a promise have disappeared."

6. The correct answer must contain the following elements:

student's opinion: agreement or disagreement with the given assessment;

two arguments - explanations in defense of your choice, for example:

if agreed, it may be stated that
Machiavelli calls on the sovereign, in fact, to go beyond morality (goodness, decency, fidelity, etc.);

Machiavelli's advice comes from the fact that society is immoral in nature and is guided by considerations of personal gain, and this is not true;

in case of disagreement, it may be stated that

Machiavelli's advice is realistic, they take into account the specifics of political activity;

modern politician to win on democratic elections, should, on the one hand, please voters, on the other hand, attract sponsors whose interests may diverge from the interests of the majority of society, and on the third hand, take into account the objective needs of the state; All this is difficult to implement within the framework of moral norms.

Other arguments (explanations) may be given.

John Locke (1632−1704), British philosopher and educator.

Studied at Oxford University. Member of the Royal Society (1668), Member of the Council of the Royal Society (1669). Combines government service in England with large-scale scientific and literary activities.

Participated in the drafting of the constitution for the Carolinas in North America.

The representative of sensationalism, denied the presence of innate ideas in humans, substantiated the principle of "tabula rasa". The empiricist, who considered experience to be the basis of knowledge, asserted the primacy of sensations received through the senses over the mind.

The author of a pedagogical system based on the principle of utilitarianism. He combined physical, mental and religious and moral education into a single complex, the purpose of which is to develop certain habits necessary in life.

A supporter of the separation of church and state. At the same time, he considered the glorification and knowledge of God to be the purpose of man.

Supporter of the social contract theory and constitutional monarchy. He defended the existence of natural rights and freedoms, considered the state as their guarantor, the theorist civil society and the rule of law.

One of the authors of the doctrine of the separation of powers (into legislative, executive and federal, dealing with diplomatic issues), was the first to propose this theory. He detailed his own political views in the work "Two treatises on government" (1689).

The educator must have a good knowledge of the world, knowledge of the customs, mores, quirks, tricks and shortcomings of his time, especially the country in which he lives. He must be able to show them to his pupil ... he must teach him to understand people ... to tear off the masks imposed on them by profession and pretense, to distinguish what is true that lies in the depths under such an appearance ... He must teach his pupil to compose for himself, as far as possible, the correct judging people on the basis of those signs that best show what they are in reality, and to penetrate their inner being, which is often found in small things, especially when these people are not in a ceremonial setting and not on the alert.

The well-being of the entire nation depends on the proper upbringing of children.

Where there are no laws, there is no freedom.

Create only a few laws, but make sure they are respected.

Therefore, the freedom of man and the freedom to act according to his own will are based on the fact that he has a mind that is able to teach him the law according to which he should govern himself, and make him understand to what extent he retains the freedom of his own will. . To grant him boundless freedom before he has a mind to guide him is not to grant him the privilege of his nature to be free, but to throw him into the midst of the beasts and leave him in such a miserable condition, which is just as inferior. human dignity, as well as their condition. This is what puts the power in the hands of parents so that they control their children during their minority. God has entrusted them with the care of their offspring, and endowed them with a corresponding disposition to tenderness and care, in order to moderate this authority, in order to exercise it as his wisdom prescribes, for the good of the children, as long as they should be under this authority.

Essay topics:

1) (“Highest standard”, demonstration version, 2nd stage, grade 9, 2013)
"The state exists not to turn earthly life into paradise, but to prevent it from finally turning into hell."

(Nikolai Berdyaev)

2) (“Highest standard”, 2nd stage, grade 11, 2013)
James Madison wrote: “The predisposition to mutual enmity is so strong in a person that even where there is no essential reason for it, insignificant and superficial differences are enough to arouse ill will in people and plunge them into the most severe strife.” Many authors in different time made similar observations, deriving different political theories from them. Give examples of theories of this kind known to you. What do you know and can say about Madison's political conclusions? In which institutions did they become embodied?

3. (Second round of the final stage All-Russian Olympiad schoolchildren in social studies 2014)
“The state is called the coldest of all cold monsters. It lies coldly; and this lie creeps out of his mouth: "I, the state, am the people."

(Friedrich Nietzsche)

4. (The second round of the final stage of the All-Russian Olympiad for schoolchildren in social science 2013)
“In the present state of people, it can be said that the happiness of states grows along with the misfortunes of people.”

5. (Second round of the final stage of the All-Russian Olympiad for schoolchildren in social science 2013)
“A beautiful thing is love for one's fatherland, but there is an even more beautiful thing - this is love for truth. Love for the fatherland gives birth to heroes, love for the truth creates wise men.

(P. Ya. Chaadaev)

Power is dangerous when conscience is at odds with it.
(W. Shakespeare)

“He is deeply mistaken who considers power based on strength to be stronger and firmer than that based on love.”
(S. Zweig)

3. (“The highest standard”, 2nd stage, 9th grade, 2014)

“A mixed republic is a combination of elements of a presidential and a parliamentary republic. Broad presidential powers are borrowed from the presidential republic, including the right of the president to dissolve parliament under certain circumstances, as well as a 4-year presidential term. From the parliamentary republic, the bicameral structure of the parliament and the post of prime minister, separated from the post of president, are borrowed.

Answer

a) that the right of the president to dissolve parliament is borrowed from the presidential republic (in the presidential republic the president does not have such a right) (2 points for mentioning the item + 1 point for at least one correct example);

b) that a 4-year term of presidential powers is borrowed from a presidential republic (firstly, a 4-year term of presidential powers is not an essential feature of the presidential form of government. Secondly, in mixed republics, the term of presidential powers often differs from 4- summer, for example, in Russia, France, etc.) (1 point for mentioning the item + 1 point for at least one correct example);

c) that a bicameral structure of parliament is borrowed from a parliamentary republic (a bicameral parliament is not an obligatory element of either a parliamentary or a mixed form of government).

4) (“Highest standard”, 2nd stage, grade 10, 2014)

“One of the features of Thomas Hobbes' social contract theory is that the social contract is between the people and the future sovereign. The sovereign is the bearer of the people's will, but his power can be revoked after he performs an act that is considered illegitimate by the people. However, while justifying a rebellion against an illegitimate monarch, Hobbes remains a theorist of absolute power.

Answer

The following statements are wrong:

a) that in Hobbesian theory a social contract is concluded between the people and the future sovereign (in this theory, the future sovereign is not a party to the contract) (3 points);

b) that the power of the sovereign can be revoked after committing an illegitimate (from the point of view of the people) action and / or that Hobbes justified the legitimacy of rebellion against an illegitimate monarch (4 points + 1 point for mentioning Locke as a theorist of the overthrow of an illegitimate monarch ).

The state performs the following main external functions:

1. defense function.

Accordingly, one of the most important areas of foreign policy activity of the Russian state is to ensure its military security.

According to this function, the Armed Forces of the Russian Federation are intended to repel aggression directed against the Russian Federation, for the armed protection of the integrity and inviolability of the territory of Russia, as well as to perform tasks in accordance with its international treaties.

2. diplomatic function. The performance of this function contributes to the maintenance of acceptable relations with all countries, regardless of what ideology they adhere to, what economic system they use. Normal good neighborly relations are the minimum of communication in the international arena that allows achieving stability and prosperity for all mankind.

3. foreign policy function. It consists in the political cooperation of states in order to exclude global armed conflicts. The UN is the main international body coordinating the political interests of modern states, while the Security Council, a permanent body of the UN, is responsible for the political settlement of conflicts. The maintenance of political stability and security in the world is promoted and regional international organizations (League of Arab States, Organization of African Unity, Organization of American States, Association of Pacific Rim Countries, etc.).

4.Contribute to the establishment of world legitimacy. This activity acquires an independent character and is manifested in participation in the development of norms of international law.

5. Foreign economic function. This function is associated with the development of mutually beneficial cooperation between states, which is manifested in the international division of labor, specialization and cooperation in production, the exchange of the latest technologies, the coordination of trade, the development of credit and financial ties. Economic cooperation is most effective between countries that are territorially connected with each other (EEC countries, CIS countries, etc.).

6. law enforcement function. It consists in ensuring the world law and order, resolving disputes between states, protecting those states and peoples who are not able to independently resist aggressors or defend their rights. It also manifests itself in the fight against international terrorism, crime that knows no borders (Interpol), etc.

7. social function. It crystallizes more and more clearly. Social assistance and support are provided to developing countries, as well as countries in transition (for example, the CIS countries). , health care, birth control, etc.) and ending with humanitarian assistance.

8. ecological function. This function is currently being promoted to the category of external ones. It has come to be understood that environmental catastrophes, for example, accidents of oil tankers, nuclear power plants, etc., in individual countries ultimately strike a blow to the interests of all peoples, and the elimination of their consequences cannot remain only an internal matter.

9. Information function. Its allocation is just being planned. But even now, countries that block the flow of truthful information about events in the world for their peoples are condemned.

In the modern world, the external activity of states will be effective only if it is based on universal human values, international legal acts, takes into account the national, economic, cultural and other characteristics and interests of all peoples that are part of the world community.

10. Cultural cooperation. It is carried out on the basis of bilateral and multilateral agreements between states, non-governmental organizations (the International Union of Architects, the International Chess Federation, the Olympic Committee, etc.). Within the framework of the UN, this cultural activity is coordinated by UNESCO.

11. Cooperation of states in solving global problems of our time. It is carried out on such issues as ensuring lasting peace, international security and world law and order, the fight against international terrorism, the rational use of natural resources, energy conservation, the implementation of demographic policy, the problems of space exploration and the security of the planet, the protection of the oceans, the protection of flora and fauna, combating epidemics and the most dangerous diseases, preventing and eliminating the consequences of major industrial accidents, catastrophes, etc., affecting the interests of all peoples.

12.The function of cooperation and strengthening ties with the CIS countries.

This new main function arose for the Russian state due to the fact that with the formation of the Commonwealth of Independent States, relations with the new independent states on the borders of Russia, the all-round development of the CIS were placed at the forefront of Russia's foreign policy. This is a sphere of special responsibility and special mutual interests of Russia and its neighbors.

Carrying out the function under consideration, the Russian state stands for strengthening the Commonwealth, primarily through the formation of an economic union, a common CIS market, a collective security system, joint border protection; a comprehensive solution to the problem of compliance throughout the territory of the former USSR with internationally recognized standards in the field of human rights and national minorities , citizenship and protection of migrants, caring for Russians who found themselves outside the Russian Federation; creating a single information space. Documents such as the Treaty on the Union of Belarus and Russia and the Declaration on the Further Unity of Russia and Belarus, Treaty of friendship, cooperation and partnership between the Russian Federation and Ukraine, Treaty between the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation on deepening integration in the economic and humanitarian fields.

13.Function of integration into the world economy and cooperation with other countries.In an independent main function, this area of ​​activity of the Russian state has developed only in the last period of its development.

Mutually beneficial cooperation with other states is a diverse activity of the state aimed at establishing and developing equal economic, political, cultural and other relations that harmoniously combine the interests of this state with the specific and common interests of all states. The modern level of development of society objectively requires the integration of economic, political and cultural life of all civilized states, to unite their common efforts for a more effective solution of the internal problems of each state separately and the world community as a whole. Such cooperation presupposes a broad and mutually beneficial approach to integration issues, the ability to work together to find the most rational solutions that meet the interests of not only this country, but also all participants in cooperation.

The new nature of international relations opened up favorable opportunities for more effective implementation of Russia's interests in the field of economy, trade, business, scientific and technical cooperation through its integration into the world economy. Acting in this direction, Russia joined the main international economic organizations, concluded a Partnership Agreement and cooperation with the European Union. Currently, work is underway to establish, on the basis of the principle of partnership, full-blooded interaction with the United States, with the states of Western Europe, with the majority of which bilateral documents have been signed, as well as with India, China and other states of the Asia-Pacific and other regions. An important factor in Russia's integration into the world economy was the removal of restrictions on its foreign economic relations.

The introduction of Russia into the world economy has led to the reconstruction of the entire mechanism of its foreign economic activity, through which the domestic market is closely connected with the world market. The monopoly of the state in foreign economic relations has been eliminated. Economic cooperation is also carried out on the basis of bilateral agreements between states. However, such cooperation is limited by the economic capabilities of these states only.

In the political field, cooperation between states is manifested primarily in matters of peace and war. The current level of development of the world community of states makes it possible to avoid global armed conflicts. Political cooperation between states is carried out at all levels of government: inter-parliamentary, intergovernmental, at the level of local governments8.

A.V. MALKO, Doctor of Law, Professor, Director of the Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Honored Scientist of the Russian Federation, V.A. TEREKHIN, candidate of legal sciences, head. Department of Justice, Penza State University, Honored Lawyer of the Russian Federation The problems of functioning of the law enforcement system of the Russian Federation are investigated; conclusions are drawn that it is in a state of deep crisis ...

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A.V. MALKO,

Doctor of Law, Professor, Director of the Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences, Honored Scientist of the Russian Federation,

V.A. TEREKHIN,

candidate of legal sciences, head. Department of Justice, Penza State University, Honored Lawyer of the Russian Federation

The problems of functioning of the law enforcement system of the Russian Federation are investigated; conclusions are drawn that it is in a state of deep crisis; measures are proposed for its reform, formation and implementation of law enforcement policy as the basis of all modernization processes.

Keywords: law enforcement agencies, law enforcement system, law enforcement, modernization, law enforcement policy.

Law-enforcement policy as a basis for the development of law-enforcement activities

Malko A., Teryokhin V.

The law-enforcement system functioning of the Russian Federation is studied in the article. The authors come to the conclusion that it is in deep crisis at the moment. Since the law-enforcement policy turns out to be the basis of all the development processes, a set of steps is proposed to its administration, formation and reformation.

Keywords: law enforcement agencies, law enforcement system, law enforcement activities, development, law enforcement policy.

Extremely negative recent events associated with a series of offenses by employees of the Ministry of Internal Affairs of the Russian Federation (mass “cleansing operations” in Blagoveshchensk, the murder of a teenager in Tyva and a journalist in Tomsk, the execution by Major Yevsyukov civilians in Moscow, an unprecedented special operation to create a "human shield" from private cars on the Moscow ring road, the detention of the entire company of traffic police officers in Astrakhan for extortion, the falsification of criminal and administrative cases against innocent citizens of many regions of the country), gave rise to serious doubts in the Russian public consciousness about the ability of these bodies to fulfill the human rights function of the state.

In addition, publications appeared in the central mass media with conclusions not only about the alienation of the police from society, but about their direct confrontation. A legal paradox has emerged, the main contradiction of our time: the employees of these services “see their task in “protecting” themselves, in extreme cases, their corporate interests, and not citizens.” There are calls, including from State Duma deputies, for the abolition of the Ministry of Internal Affairs, the creation of people's squads "to protect the population from the police," and the Minister of Internal Affairs "allowed us to defend ourselves from the police."

Along with this, the flow of information reported daily by the media about corruption in all power structures, about numerous violations of socio-economic rights, systemic violations of the rights of children left without parental care, obvious and gross disregard for the current standards for the operation of especially dangerous objects of life clearly show, on the one hand , the absolute defenselessness of a person, and on the other hand, the weakness and inefficiency of the domestic mechanism of law enforcement.

According to many expert estimates, the entire law enforcement system of the country is in a state of deep and systemic crisis. Under the new conditions, it is not capable of fully fulfilling the tasks assigned to it to ensure the legal security of our citizens, public and public interest. The professional and moral deformation of many representatives of the relevant structures has set in. There was an obvious conflict between their personal and public interests. It seems that public confidence in the whole block of law enforcement has been undermined. So, according to the sociological research of the analytical center Yu. Levada, now “only three very stable institutions are in the zone of trust: Putin and Medvedev, the army and the church ... and the police, the court, political parties, the prosecutor's office, the deputies are assessed by people extremely negatively and are predominantly mistrusted.

Therefore, it is not at all accidental that on February 18, 2010, the President of the Russian Federation issued Decree No. 208 “On Certain Measures to Reform the Ministry of the Interior”. In fact, in this legal act we are talking about the beginning of the transformation of one of the most important areas of state activity. A little earlier, in 2007, structural changes were made in the Prosecutor's Office of the Russian Federation, under which the Investigative Committee was formed ( the federal law dated 05.06.2007 No. 87-FZ “On Amendments to the Code of Criminal Procedure of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation””), and in 2008 the President of the Russian Federation announced the start of the next stage of reforming the judicial system (Order of the President of the Russian Federation dated 05/20/2008 No. 279-rp "On the formation of a working group on improving the legislation of the Russian Federation on the judicial system").

In connection with this, there natural question: can the implementation of the planned measures lead to an improvement in the state of law enforcement? The question posed is most likely to be answered in the affirmative. Or rather, it will to some extent contribute to changing the current situation.

At the same time, it is not difficult to assume that the modernization of the public spheres specified in the named legal acts will not in itself lead to radical changes, a significant increase in the efficiency of the entire law enforcement complex and the high results expected by society. And this is due to the fact that decisions made, as can be seen from their content, have a strictly substantive, relatively speaking, departmental character. The range and volume of reform measures is somewhat targeted and limited. It does not affect the entire law enforcement system and is isolated from many other law enforcement issues.

In our opinion, one of the important and indispensable conditions for overcoming such large-scale and profound social and legal phenomena is the conceptual approach. Therefore, appropriate efforts are required, systemic and consistent work on the formation and implementation of doctrinal foundations in the field of protection of law, legal values. In other words, we need a state law enforcement policy. And on its basis, it is possible to more successfully solve the problems of increasing the efficiency of all law enforcement activities, ensuring the rights and freedoms of citizens, the interests of society and the state.

Law enforcement policy, of course, should become one of the varieties of well-thought-out, officially adopted and actively implemented legal policy in society. In other words, law enforcement policy is one of the components of a more capacious and broad concept, which is legal policy in general.

Note that, in contrast to legal policy in general, to which recent times attracted the attention of many scientists, the problems of law enforcement policy have not been properly studied until recently. Therefore, today there is a weak elaboration and debatability of many conceptual foundations of this legal phenomenon. Thus, in legal science there is no consensus about the concept and content of such basic legal categories as law enforcement agencies, law enforcement system, law enforcement mechanism, law enforcement activities, the scope and subjects of its implementation, etc. There is also no general scientific approach to the content of the legal term "protection", its relationship with close legal categories "protection", "ensuring", "implementation of the rights and freedoms of the individual". Moreover, we do not have well-established scientific ideas about law enforcement policy, its content, priority areas for implementation. In the meantime, there are disputes between representatives of science and practicing lawyers, the criminal situation has become a real factor threatening Russia's national security. The rights and freedoms of our fellow citizens, as already noted, are significantly and systematically violated in many other areas of social relations.

The above once again emphasizes the importance of developing and implementing an official law enforcement policy and its concept that meets modern social realities and takes into account both its own historical experience and the achievements of world practice. A concept is not only a set of theoretical ideas, but also a kind of program of specific actions. And as the practice of social management in recent years shows, it is the program-target method that makes it possible to effectively solve the tasks set and achieve the intended goals.

As is known, depending on the functions of law, legal policy can be divided into law-regulatory and law-enforcement. If the first is intended to promote the implementation of the regulatory function of law, the creation of prerequisites for harmonious development public relations, the second is to give a general algorithm to the actions of all subjects of law enforcement, to mobilize them for a more effective performance of the protective function of law. Law enforcement policy combines all existing subjects of law enforcement into a law enforcement system.

The protective function of law requires constant attention from state and non-state law enforcement agencies. And for the effective exercise of their powers, they must somehow participate in the formation and implementation of law enforcement policy.

If this function does not work, which is observed in modern Russia, then, as legal practice shows, the legal system as a whole does not work either. The role of law enforcement policy is to debug, to fully restore the protective function of law, to make law more secure from the challenges and threats of our time.

In our opinion, in the most general form, law enforcement policy can be defined as a scientifically based, consistent and comprehensive activity of state and non-state institutions to improve the effectiveness of the protective function of law, build a full-fledged law enforcement system, improve law enforcement activities in order to ensure the rights and legitimate interests of the individual, society and states.

Law enforcement policy has a very specific content, goals, objectives, functions, priority areas. It is based on certain principles.

Its essence lies in the development and practical implementation of protective ideas and goals of a strategic nature.

This policy is based on integration principles. By virtue of its nature, it is able to combine many varieties of legal policy in order to achieve common law enforcement tasks: law-making, law enforcement, judicial law, criminal law, procedural law, financial law.

In practical terms, this policy is a versatile activity of many actors aimed at solving a wide range of law enforcement tasks, such as:

1) efficiency improvement legal regulation this area;

2) organization of a workable law enforcement mechanism;

3) coordination and interaction of law enforcement structures;

4) formation of their personnel;

5) improvement of the actual law enforcement activities - the fight against crime and other offenses, control and supervisory functions, justice and other areas;

6) development and implementation of preventive measures;

7) formation of a law enforcement culture of civil servants and law-abiding individuals, etc.

At the conceptual level, in our opinion, the question of the subjects of law enforcement policy and related activities requires a detailed study. And if an innumerable number of legal and individuals, including citizens, then not many have the right to actually perform the functions of law enforcement.

Undoubtedly, law enforcement policy should not be reduced to criminal law policy. The scope of its interests is not limited to the criminal environment, and the objects of its protection are all areas social connections regulated by law. Often a violation of, for example, environmental, construction, medical, labor, housing standards sometimes causes no less social harm than a crime.

AT modern theory law stands out state and non-state law enforcement activities. The latter is carried out by many social formations that perform the functions of protecting the rights and freedoms of the individual, protecting public order, and resolving certain legal disputes.

At the same time, the Constitution of the Russian Federation directly assigns the solution of tasks related to law enforcement to the state. How correctly E.A. Lukashev, a necessary condition for ensuring human rights is the improvement of the activities of the state and its bodies.

In legal science, a conditional division of state bodies into two large groups: firstly, these are the bodies for which the provision of human rights is an important, but not the main activity, and secondly, the bodies that carry out law enforcement activities as the main one. The bodies included in the second group are considered specialized and are called law enforcement agencies. They have become the centerpiece of the law enforcement system.

There are no definitive norms in the legislation that reveal the concept of "law enforcement agencies", therefore it is developed by the legal doctrine. In science, they traditionally include special bodies for combating offenses (crime), bodies exercising control and supervision powers, and a number of others.

The role of the court in the formation and implementation of law enforcement policy deserves a separate discussion. At first glance, in this formulation, this question does not present any difficulties. The court as a body of state power, by virtue of the functions it performs in law enforcement, law interpretation and law-making, undoubtedly forms the judicial, law enforcement and, in general, legal policy of the state. However, the problem lies in the fact that for a long time in legal science the status of the court as a subject of law enforcement has remained uncertain. Among scientists and practitioners, the opinion has become stronger that the court cannot be considered as one of the law enforcement agencies and is not part of their system.

However, one can hardly agree with this point of view. In our opinion, the term "law enforcement agencies" is a collective one, and the court also belongs to such bodies in terms of the meaning and essence of their activities. Having the main legal means - the current legislation - and exercising special powers on behalf of the state, the court protects the rights and freedoms of citizens, the interests of society and the state. According to I.L. Petrukhin, "in a sense, the courts are even more law enforcement agencies than the prosecutor's office, the Ministry of Internal Affairs and the FSB." From the standpoint of the functional approach, as M.I. Baitin, the courts were and remain bodies specially created for the protection of law, law and order, that is, law enforcement agencies. Here, apparently, it is appropriate to recall the words of the prominent jurist of the 19th century N.M. Korkunov: the case of the judiciary is "to protect the existing law."

The main argument of opponents, who argue that the court does not protect, but protects already violated rights, and therefore does not perform the functions of law enforcement, from our point of view, cannot in any way shake the status of the court as a subject of law enforcement. In our opinion, the concept of "protection" is integral part terms that are broader in content, such as “protection” and “ensuring” human rights and freedoms. In addition, the court modern conditions not only restores the violated or disputed rights of the individual, but also performs a preventive, educational and even in certain cases, seemingly unusual for our legal system function - law-making. In any case, the recently adopted ruling of the Constitutional Court of the Russian Federation of November 19, 2009 No. 1344-O-R “On the clarification of paragraph 5 of the operative part of the Decree of the Constitutional Court of the Russian Federation of February 2, 1999 No. 3-P on the case of checking the constitutionality of the provisions of Article 41 and part three article 42 of the Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the Decree of the Supreme Council of the Russian Federation of July 16, 1993 “On the Procedure for Enacting the Law of the Russian Federation “On Amendments and Additions to the Law of the RSFSR “On the Judiciary of the RSFSR”, Code of Criminal Procedure RSFSR, the Criminal Code of the RSFSR and the Code of Administrative Offenses of the RSFSR ”””, by which he, instead of the country's legislative body, essentially abolished such a type of criminal punishment as the death penalty, leaves no doubt about this. And in fact, case law is being formed in modern Russia.

That is, the law enforcement activity of the court does not begin with the restoration of already violated rights, but at an earlier stage.

Therefore, the problems of the implementation of judicial and legal policy and the functioning of the judicial system, from our point of view, can become an integral part of the concept of law enforcement policy. And here it is necessary to take into account the existing very acute defects in the execution of judicial acts. The European Court of Human Rights has repeatedly stated in its decisions that judicial procedures for the protection of human rights cannot be considered completed if the decision made by the court is not actually executed.

Active subjects of law enforcement, in our opinion, should be new to modern Russia state institutions. Such as, for example, the Commissioner for Human Rights, federal Service financial monitoring, legal bureaus created within the framework of the Ministry of Justice of the Russian Federation to provide legal assistance to the population. By the way, these bureaus, as state institutions, became the prototype of the state advocacy that is now emerging.

Now let's briefly dwell on some, in our opinion, priority areas of law enforcement policy and the modernization of this system.

Of course, this should be the improvement of the organizational and legal foundations for the control and fight against crime, and above all with the most dangerous forms its manifestations: organized crime, including criminal communities, corruption and embezzlement, drug trafficking, terrorist manifestations, juvenile delinquency as a breeding ground for its most dangerous forms.

One of the main directions of this policy should be the coordination of all subjects of law enforcement and especially special services, the elimination of their redundant and duplicating functions. Recently, the President of the Russian Federation at the board of the Prosecutor General's Office laid the blame for the failures in the Ministry of Internal Affairs and on supervisory authorities. Apparently, the function of coordinating law enforcement agencies performed by the Prosecutor's Office of the Russian Federation does not quite work. And required additional measures at the level of state policy to overcome the disunity of various departments, to strengthen their interaction, to pool forces and means to fulfill the common tasks of law enforcement.

The problem of developing uniform criteria for the effectiveness of law enforcement has become quite complicated. Unfortunately, the current indicators for evaluating special structures are largely formal and do not reflect the true state of achieving socially useful goals by them. They are largely dominated by corporate principles. At the same time, it is very gratifying that in recent years the problem of improving the criteria for evaluating the law enforcement system has been actively discussed in society. It seems that here it is necessary to get away from the formal-quantitative approach, and the indicators of the effectiveness of law enforcement should be focused not on departmental, but on nationwide, public interests.

Serious adjustments should be made to personnel policy. On this basis, to develop and adopt a federal law "On Law Enforcement Service in the Russian Federation". After all, it is no secret to anyone that the negative phenomena noted among employees of this field of activity did not arise today, but have their roots in the 90s of the last century, when professionals left these bodies for certain reasons, were completely destroyed and still have not been restored. the basics of staffing the relevant structures, and especially in the Ministry of Internal Affairs. As recently noticed former boss V. Pronin, GUVD of Moscow, “Over the past many years, we have not been selecting for the system of internal affairs bodies, but recruiting.” It seems that now it is necessary to deal not with the consequences of the problems that have arisen, but with the causes. Therefore, real and effective measures are required for the selection, professional training and retraining of personnel, legal status employees. Their level of material, domestic and social security must be worthy, correspond to the high responsibility placed on them, and service in the bodies must be prestigious. And undoubtedly, it is necessary to solve the problem of restoring and increasing the level of trust and support for them from the society.

Ensuring the effective work of the entire mechanism of law enforcement is impossible without a well-functioning control on the part of society, as well as the development of the principle of publicity (transparency) of the activities of these bodies. Their closedness culture medium for corruption, abuse and making illegal decisions that violate or infringe on the rights and legitimate interests of citizens. On July 1, 2010, the Federal Law of December 22, 2008 No. 262-FZ “On Ensuring Access to Information on the Activities of Courts in the Russian Federation” came into force. It will, of course, contribute to the maximum possible openness of the entire sphere of judicial activity and to a greater extent guarantee the provision of fair justice. Now it is necessary to develop and adopt another legal act in order to regulate the principle of publicity in the activities of other law enforcement agencies.

In conclusion, we note that the law enforcement system of modern Russia plays a leading role in fulfilling the human rights function of the state, establishing harmonious relations between the individual and power. The law enforcement policy, which should be formed by the joint efforts of scientists and practitioners, of all those who are interested in the further legal and democratic development of our society, can become the basis for its exit from the state of crisis and increasing the efficiency of law enforcement.

Bibliography

1 The work was supported by the Russian Foundation for Basic Research (project no. 09-06-00156a).

2 See for more details: Gareev M. For beating 300 people by riot police, the police authorities received suspended sentences // Komsomolskaya Pravda. 2010. March 6; Krasnoperov A. Sobering up // Novaya Gazeta. Jan 20, 2010; Golovanov D. Ricocheted. The head of the Ministry of Internal Affairs of Tuva lost his post because of his subordinate // Russian newspaper. 2009. Oct 27; Kachkaeva E., Nizamov R. During the announcement of the verdict, Evsyukov hid his eyes from his victims // Komsomolskaya Pravda. Feb 20, 2010 and etc.

3 On the concept of the human rights function, see in more detail: Mirzoev G. Protection of human rights and the role of the law enforcement system of the state in its provision // Criminal law. 2006. No. 3. P. 114.

4 Radzikhovsky L. Can't be changed? // Russian newspaper. Dec 1, 2009; Aleksandrov G. Can they do everything? // Arguments and Facts. 2010. March 17-23; Ovchinnikov A., Ryabtsev A. Nurgaliev allowed to defend himself from policemen // Komsomolskaya Pravda. Nov 28, 2009

5 Radzikhovsky L. Decree. slave.

6 See, for example: Raichev D. Mayor suppression. The head of Smolensk, his deputy and bodyguard are accused of extorting bribes // Rossiyskaya Gazeta. 2010. March 1; Yamshanov B. Recipe from the Prosecutor General. Yuri Chaika tightens control over gambling establishments, salaries and officials // Ibid. Jan 12; Baturin Y. Assistance to orphans and homeless children // Parliamentary newspaper. Dec 18, 2009

7 Gudkov L. The authorities have a year in reserve // ​​Moskovskaya Street. April 30, 2009; Zhuravleva A. My police do not protect me // Parliamentary newspaper. 2009. Dec 25; Ivanov V. For the truth - to the European Court. Only 17% of Russians trust domestic legal proceedings // Moskovsky Komsomolets. 2008. May 21-28.

8 See: Draft concept of legal policy in the Russian Federation until 2020 / Under. ed. A.V. Malko. - M., 2008. S. 36.

9 See for more details: The state and trends of crime in the Russian Federation: Criminological and criminal law reference book / Under. ed. AND I. Sukharev, S.I. Grinko. - M., 2007; Luneev V.V. Crime of the XX century: global, regional and Russian trends. - M., 2005; He is. Trends in modern crime and the fight against it in Russia // State

gift and right. 2004. No. 1. S. 5-18; He is. Corruption in Russia // Ibid. 2007. No. 11. S. 20-27.

10 See, for example: Report of the Commissioner for Human Rights in the Russian Federation for 2007 // Rossiyskaya Gazeta. 2008. March 14; Vyzhutovich V. Protection of Lukin // Ibid. April 4, 2007; Nesterova O. For pay to the prosecutor // Ibid. Jan 20, 2009; Statement of the Commissioner for Human Rights in the Russian Federation // Ibid. 2010. March 9.

11 See: Lukasheva E.A. Improving the activities of the state - necessary condition ensuring human rights // State and Law. 2005. No. 5. S. 61-65.

12 See: Kolesnikov E.V., Komkova G.N., Kulusheva M.A. Constitutional Law: Proc. - M., 2008. S. 116.

13 See for more details: Suleymanov B.B. On the question of methodological aspects of law enforcement policy // Problems of interaction between subjects of law enforcement policy: Sat. Art. based on the materials of the All-Russian scientific-practical. conf. / Under. ed. A.V. Malko, V.A. Terekhin. - Penza, 2008. S. 89-93; Mak-Mak V.P. The concept of "law enforcement agency" (based on the analysis of scientific and educational literature) // Trends and contradictions of development Russian law at the present stage: Sat. Art. V All-Russian scientific-practical. conf. - Penza, 2006. S. 141-144; Gaidov V.B. The law enforcement system of Russia and its place in the state mechanism // Police law. 2005. No. 3. S. 40-42.

14 See, for example: Savitsky V.M. Organization of the judiciary in the Russian Federation: Proc. allowance. - M., 1996. S. 3-11; Savelyeva T.A. Judicial power in civil process: Proc. allowance. - Saratov, 1997. S. 11; Vdovenkov V.M. Topical issues of the judiciary in the Russian Federation: Abstract of the thesis. dis. … cand. legal Sciences. - M., 2004. S. 15.

15 Petrukhin I.L. The problem of the judiciary in modern Russia // State and law. 2000. No. 7. P. 17.

16 See: Baitin M.I. Essence of law (Modern normative legal understanding on the verge of two centuries). - Saratov, 2001. S. 295.

17 Korkunov N.M. Lectures on general theory rights. - SPb., 2003. S. 325.

19 See: Vyatchanin N. The pursuit of interest is canceled // Parliamentary newspaper. Nov 25, 2005; Lavrov A. The Ministry of Internal Affairs is going to cancel the "cane system" // Komsomolskaya Pravda. Nov 27, 2009; Demchenko V. On paper, we are all magicians. Rashid Nurgaliev abolishes the stick system in the Ministry of Internal Affairs // Izvestia. Jan 22, 2010

20 Pronin V. “As a police chief, I sometimes wanted to howl from these cadres” // Komsomolskaya Pravda. Feb 6, 2010