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Law enforcement policy. Law enforcement policy as the basis for the modernization of law enforcement activities The concept of law enforcement policy in the Russian Federation

Social purpose of the state Elective course in political science, grades 10-11 Compiled by G.V. Kushchenko, history teacher of the MKOU “Gaufskaya Secondary School” “Outside the state - the dominion of passions, war, fear, poverty, abomination, loneliness, barbarism, savagery, ignorance; in the state - the rule of reason, security, wealth, decency, sophistication, knowledge and favor." T. Hobbes Social purpose of the state in society    1. The state decides general affairs, governs the people living on its territory. The state identifies the common interests of its citizens: the desire for security, stability, and comfort. It promotes 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 postpone the danger of a head-on collision of social groups. The responsibility for resolving conflicts between individual citizens, organizations, and government bodies falls on the courts. State power is also responsible for resolving external conflicts    3. The state uses legal and legitimate violence. Legality of coercion - compliance of coercive measures with the law. Legitimacy of violence - the degree of support of the measures taken by the population.  Coercion comes in the form of criminal punishment,  administrative, property and other sanctions.   Legitimacy is confirmed by data from public opinion, voting, referendums. The universal criterion for the legitimacy of coercion is its compliance with universal human values. “Bayonets are good for everything, but you can’t sit on them.” Talleyrand 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 Internal Political Law enforcement External Diplomacy Defense Foreign policy Law enforcement Social Social Development of healthcare, education, science, culture Ensuring national security Environmental Information Cultural cooperation Promoting the strengthening of global legality Environmental Information Transport Construction of public systems (roads, irrigation, reclamation, defensive etc. Combating the consequences of emergency situations Cooperation in solving global problems Economic Foreign economic Main internal functions 1. Political: It is determined by 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 system and state sovereignty The state carries out law-making activities   2. Economic It is expressed in the development of programs for the economic development of the country  The state sets taxes  Issues loans, investments    Establishes benefits for business entities Creates the legal basis of the market Manages enterprises owned by    3. Law enforcement It is aimed at ensuring the accurate and complete implementation of laws by all citizens, organizations and government. Bodies The state applies legal measures Combating crime with the help of the law enforcement system    4. Environmental At the present stage, it is 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 in a state of combat readiness to repel external aggression 3. Foreign policy:   The state carries out political cooperation with other states in order to eliminate 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, exchange technologies, coordination of trade turnover, development of credit and financial relations. 6. Law enforcement:   Consists of resolving disputes between states, protecting those states and peoples that are not able to stand up for themselves. It manifests itself in the fight against international terrorism and crime. 8. Social:  Manifests itself 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). Activities within the UN are coordinated by UNESCO 10. Promoting the establishment of global legitimacy:  Manifested in the development of norms of international law (International Humanitarian Law, International Charter of Human Rights) 11. Informational:  Presentation of truthful information about international events to the world community and its peoples. 12. Ecological:  Participation in eliminating the consequences of environmental disasters 13. Cooperation of states in solving global problems of our time:  Organizing the rational use of natural resources, energy conservation, maintaining peace, implementing demographic policy, etc.

M.G. ARUTYUNOVA,

Senior Lecturer at the Department of Theory and History of State and Law

Institute of Service, Tourism and Design (branch) of the North Caucasus Federal University in Pyatigorsk

[email protected]

The role and place of law enforcement policy as a type of legal policy are examined and determined. Attention is focused on the need to increase the efficiency of the protective function of law.

Key words: legal policy, law enforcement policy, Concept of law enforcement policy in the Russian Federation, law enforcement activities of the state, subjects of law enforcement policy.

On the subject of actuality of law enforcement policy in Russia Arutjunova M.

Examines and identifies the role and place of law enforcement policies as a form of legal policy. Attention is focused on the need to improve the efficiency of protective functions of law.

Keywords: law enforcement policy, legal policy, the concept of law enforcement policy in the Russian Federation, the law enforcement activity of the state and subjects of the law enforcement policy.

UDC 342.5:342.9

On the issue of the relevance of law enforcement policy in Russia

Among all types of policies of the modern Russian state, as N.V. rightly notes. Isakov, “there is a type of it that is called upon to play a special role in society, since by its essence and nature it is a unique phenomenon that has received recognition in the scientific literature as legal policy”1.

Logically speaking, one should pay attention to the fact that special hopes are placed on both law and politics precisely during crisis periods in the development of a particular state. When analyzing law, politics, legal policy, law enforcement policy, it is necessary to avoid idealizing these phenomena, but to give them a special status as phenomena that help overcome the crisis at the state and even interstate levels.

As O.Yu. correctly notes. Rybakov, “the topic of legal policy has become popular and quite in demand in the last 15 years. In fact, we are talking about the formation of a new scientific theory designed to explain the essence of legal policy, as well as the patterns of its functioning and mechanisms for improvement. In this sense, it is obvious that we have reached a new level of understanding of this problem.

tics, consideration of legal policy as a multidimensional phenomenon”2.

In science, there is an abundance of definitions of legal policy, which does not allow us to draw an unambiguous conclusion about the legal nature of this phenomenon. In legal theory, they reflect three approaches to understanding the essence of legal policy, which is defined, firstly, as a set of goals, measures, objectives, programs, and guidelines; secondly, as a phenomenon; thirdly, as the activities of various subjects of law3.

V.A. Terekhin wrote in his work in 2008 that “unlike legal policy in general, which has recently attracted the attention of many scientists, the problems of law enforcement policy have not received due attention until recently. Therefore, today there is poor elaboration and debatability of many theoretical foundations of this legal phenomenon. Thus, in legal science there is no single point of view on the concept and content of such basic 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 single scientific approach.

1 Isakov N.V. Main priorities of modern Russian legal policy / ed. V.A. Treasurer. - Pyatigorsk, 2003. P. 4.

2 Rybakov O.Yu. Legal policy as a scientific theory in legal research // Law. Legislation. Personality. 2010. No. 2. P. 107-108.

3 See ibid. P. 109.

The Concept of Law Enforcement Policy in the Russian Federation (hereinafter referred to as the project)2 is intended to fill the gap in this area of scientific knowledge. This work will serve as a starting point for subsequent fundamental scientific research on law enforcement policy as a multifaceted phenomenon.

The authors of the project characterize the current state of the law enforcement system of the Russian Federation, define the general principles of law enforcement policy, reveal the content of law enforcement policy, make proposals for improving legislation on law enforcement, and formulate priority directions for the development of law enforcement policy in the constituent entities of the Russian Federation3.

The scientific significance of the definitions of basic concepts given in this work, such as “The Concept of Law Enforcement Policy in the Russian Federation”, “law enforcement activity”, “law enforcement service”, “law enforcement agencies”, “law enforcement function”, “law enforcement system”, “law enforcement policy” is undeniable ", "priorities of law enforcement policy", "mechanism for implementing law enforcement policy"4.

We propose to understand law enforcement policy as a set of grounds based on scientific research into the causes of offenses, and actions taken by state and non-state structures to increase the effectiveness of the protective function of law, to improve law enforcement by modernizing the law enforcement system.

The uniqueness of this phenomenon is given by the unifying principles. In our opinion, the components of law enforcement policy are:

1) policy of legislative (representative) bodies;

2) judicial policy;

3) the policy of the prosecutor's office;

4) the policy of the investigative authorities;

5) policy of the Federal Security Service of the Russian Federation;

6) policy of the bodies of the Ministry of Internal Affairs of the Russian Federation;

7) policy of state control services (Accounts Chamber of the Federal Assembly of the Russian Federation, Main Control Directorate of the Administration of the President of the Russian Federation, etc.);

8) policy of state tax authorities of the Russian Federation;

9) policy of the State Customs Committee of the Russian Federation;

10) policy of the Main State and Legal Directorate of the Administration of the President of the Russian Federation;

11) advocacy policy;

12) notary policy, etc.

As R.V. correctly notes. Puzikov, “speaking about the current state of law enforcement, one should regretfully admit that at present in Russia there is no law enforcement policy in its pure form, in the sense in which legal scholars understand it, and this is due, among other things, to the lack of a single methodological approach"5.

One of the main tasks of the Russian state is to protect citizens from violence and arbitrariness, and any illegal attacks. The criminal situation in Russia today has dictated the need for a qualitatively new approach to law enforcement.

The Commissioner for Human Rights in the Russian Federation states: public opinion polls conducted in the country regularly indicate that about 60% of people who have suffered from various types of crimes prefer not to contact law enforcement agencies, being confident that they will not receive protection from them . No less significant is the fact that up to half of the persons recognized as victims during criminal proceedings did not want to bring a civil claim. A quarter of the victims, for one reason or another, renounced their testimony during the trial. Approximately the same number did not appear in court at all6.

1 Terekhin VA. Some controversial aspects of the formation and implementation of law enforcement policy // Problems of interaction of subjects of law enforcement policy / ed. A.V. Malko, V.A. Terekhina. - Penza, 2008. pp. 11-12.

2 See: Concept of law enforcement policy in the Russian Federation (draft) / ed. A.V. Malko. - Saratov, 2012. 32 p.

3 See ibid.

4 See ibid. pp. 9-10.

5 Puzikov R.V. Law enforcement policy in modern Russia: methodological aspect // Legal policy and legal life. 2010. No. 4. P. 121.

6 See: Problems of protecting the rights of victims of crimes: special report of the Commissioner for Human Rights in the Russian Federation dated May 27, 2008 // Rossiyskaya Gazeta. 2008. June 4.

"Modern Law", No. 8" 2013

These circumstances indicate mutual alienation between the population and law enforcement agencies.

Law enforcement activities of the state are one of the most important functions of the state, which consists in creating the necessary conditions for the implementation of the rules of law in specific legal relations, expressed in the activities of specially authorized state bodies and officials to protect society and the state from offenses1.

Emphasizing the importance and necessity of implementing effective law enforcement activities of the state, one should agree with the opinion of V.M. Syrykh that “it is necessary to see the limits of this activity so as not to turn this important function of the state into total surveillance of citizens, their collective associations and organizations, and not to turn the rule of law into a police state”2.

Law enforcement policy is an activity carried out by special (special) subjects: government bodies, officials, and some public organizations. Citizens are not the direct subjects of law enforcement policy, since the state has not authorized them to carry out such activities. However, this does not detract from the role of citizens in legal protection. Their participation in the formation and implementation of law enforcement policy, that is, the strategy and tactics of the state in the sphere of authoritative implementation of legal norms, is not only possible, but urgently necessary3.

In confirmation, it should be said that politics invades all spheres of social life and permeates all forms of consciousness.

This is not a closed area of activity for professional politicians. Turning to various historical periods, one should conclude that the life of any society, with the exception of the primitive one, is imbued with political interests and political struggle. Politician

Elementary composition of the law enforcement system: theoretical and methodological aspect

ZASIMOV I.YU. - 2012

LAW ENFORCEMENT AS A VARIETY OF LEGAL ACTIVITY: PROBLEMS OF THEORETICAL BASIS

SHAGIEV BULAT VASILOVICH, SHAGIEV ROZALINA VASILIEVNA - 2014

18.1. Substance, features and mechanisms for implementing state law enforcement policy

18.2. Law enforcement, human rights, judicial bodies and their role in the implementation of state law enforcement policy (state policy in the field of policing)

Essence, features and mechanisms for implementing state law enforcement policy

According to the Constitution of Ukraine, a person, his life, health, honor, dignity are recognized as the highest social value. Such declaration determines the content and direction of the activities of the state and all its bodies to approve, ensure and guarantee human rights and freedoms.

For a legal democratic state, recognition and practical implementation of human and civil rights and freedoms, ensuring their protection is one of the priority functions. The law enforcement function is the leading one in the system of internal functions of the state and provides for the guaranteed protection of the rights and freedoms of citizens by establishing an effective legal order, ensuring the rule of law, and protecting national security.

The law enforcement function is implemented through the law enforcement policy of the state, which is a component of state policy.

Law enforcement policy is a separate type of activity of the government and other public institutions at the national and local levels, aimed at:

Protection and protection of the constitutional values of the Ukrainian state and society;

Ensuring the principle of the rule of law;

Protection of the social order and territorial integrity established by the Constitution;

Protection of human rights and freedoms, protection of legal order, restoration of violated rights, detection and investigation of crimes.

The essence of law enforcement policy lies in the purposeful activities of power structures and government bodies at various levels aimed at ensuring law and order, as an objective need for the development of the state and society, and at preventing and suppressing crimes.

An important direction of state law enforcement policy is the formation of legal security, which is a universally significant value and meets the interests of society and citizens. The category “legal security” occupies a priority place in the system of national values. It is a fundamental principle for constructing the legal system, branches of law and their institutions from the point of view of ensuring the safe functioning and development of social relations. The dominant aspect of the security system is the creation of conditions for the safe existence of the individual, the realization of his rights and freedoms. So, the state must guarantee strict observance of laws, the implementation of the principle of legality, the security of the individual in society, and ensure an optimal balance between the protection of democratic institutions, common interests and the protection of individual rights and freedoms. Effective activities of the state (and society) to create safe living conditions ensure the natural functioning and development of social relations. The state must guarantee such means, methods and forms of activity of law enforcement and judicial bodies that would ensure respect for the rights and interests of individuals.

State law enforcement policy is also aimed at ensuring public order and public safety, guaranteeing the elimination of certain dangers both for the entire society and for individual citizens. It is important to distinguish between the concepts of “public order” and “public safety”. Social order is a system of relations, a set of established rules, a certain order, formed in society and meeting the interests of the state and all its citizens. Public security is a system of relations that is formed in the process of preventing and eliminating threats to the life, health of citizens, and their property. Public security is a state when citizens are not in any danger, there is no threat of disruption to the normal functioning of state and non-state organizations.

The legal basis for the implementation of state policy in the field of protecting the rights and freedoms of citizens, the interests of society and the state is the Constitution of Ukraine, the Laws of Ukraine: “On the Police”, “On Operational Investigative Activities”, “On the Security Service”, “On Access to Judicial Decisions” , “On the Judicial System of Ukraine”, “On the Constitutional Court of Ukraine”, “On the Prosecutor’s Office”, “On the High Council of Justice”, “On the State Executive Service”, “On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights”, “On State Protection of State Bodies” authorities of Ukraine and officials "," On the organizational and legal basis for the fight against organized crime "," On measures to combat the illicit trafficking of narcotic drugs, psychotropic substances and precursors and their abuse "," On state protection of court employees and law enforcement agencies ". Decrees of the President of Ukraine "On the National Anti-Corruption Program", "On improving the coordination activities of law enforcement agencies to combat corruption and organized crime", Resolutions of the Cabinet of Ministers of Ukraine "On the state security service under the Ministry of Internal Affairs", "On approval of standard provisions on the service for minors" and others.

The means that government bodies use to ensure the implementation of human and civil rights and freedoms, the formation of legal security, public safety and public order must be diverse in form and content and depend on the competence of the bodies and the place they occupy in the executive power system . The highest body in the executive system - the Cabinet of Ministers of Ukraine - has broad powers in the field of ensuring the rights and freedoms of citizens and in the formation of security. Protection of human rights and freedoms is a priority activity of the government. Its implementation is carried out mainly through the process of leadership and direct control over the work of ministries, central executive authorities, local state administrations, as well as through the issuance of special resolutions and orders. The government's activities to implement the rights and freedoms of citizens, the formation of legal, civil security, and public order must be based on the principles of the rule of law, legality, division of state power, collegiality, scientificity, and publicity.

A component of the state law enforcement policy, guarantees (guarantees) for the implementation of human and civil rights and freedoms, provides conditions, means, methods that ensure the full protection of individual rights and freedoms. Therefore, the specificity of the activities of the executive branch in relation to the rights and freedoms of citizens is the guarantee of their implementation. After all, the proclamation of any rights and freedoms of man and citizen, even their consolidation by the relevant legal acts of the state, is worth nothing without real guarantees of implementation and implementation. The concept of guarantee means a set of objective and subjective factors aimed at the practical implementation of rights and freedoms and at eliminating possible obstacles to their proper implementation.

Guarantees of human and civil rights provide for the provision of measures specified in domestic and international legislation. Domestic institutions for the protection of citizens' rights are a system of socio-economic, cultural, political and legal means and conditions that ensure the direct protection of human and civil rights. The system of special legal guarantees, among which administrative and legal guarantees occupy the leading place, becomes important in the practical implementation of the rights and freedoms of a citizen. Consequently, legal guarantors of individual rights and freedoms, as normative and legal means of ensuring them, are a set of interconnected and interacting normative, legal and institutional-organizational guarantees to ensure the implementation, protection and defense of human and civil rights and freedoms.

Regulatory and legal guarantees for ensuring the rights and freedoms of citizens are a set of legal norms that determine the scope of the rights, freedoms, and responsibilities of citizens, as well as the means established for their implementation and protection from violations. That is, these are the means established by law and legal norms by which the rights of citizens are protected and defended, their violations are stopped and eliminated, and violated rights are restored. Institutional and organizational guarantees for ensuring the rights and freedoms of citizens are the socio-political institutions provided for in regulatory legal acts, which are entrusted with the appropriate functions and powers to organize and implement legal support for the implementation, protection and defense of human and civil rights and freedoms. Regulatory-legal and institutional-organizational guarantees for ensuring rights and freedoms are closely related, since regulations regulate in detail the activities of state and public institutions in organizing and implementing activities aimed at ensuring rights and freedoms.

In the institutional and organizational aspect, the leading role in ensuring the rights and freedoms of man and citizen belongs to the President of Ukraine, who, according to Art. 102 of the Constitution of Ukraine, is the guarantor of the rights and freedoms of man and citizen. The implementation of these powers of the President is carried out through the initiation of laws and the issuance of decrees aimed at ensuring the rights and freedoms of man and citizen. The powers of the head of state in the sphere of protecting the rights and freedoms of citizens are embodied in the right of veto in relation to laws adopted by the Verkhovna Rada of Ukraine, in the right of the President to cancel acts of the Cabinet of Ministers, decisions of heads of local state administrations, and some other normative acts in case of violation of individual rights and freedoms in Ukraine.

The powers of the President as the guarantor of human and civil rights and freedoms are also implemented through the activities of such bodies as: the Presidential Secretariat; Commission under the President of Ukraine on Citizenship Issues; Office of Pardons; department of letters and reception of citizens at the Presidential Secretariat. The main goal of these bodies is to strengthen guarantees of respect for the rights of citizens.

The institutions that ensure the implementation of civil rights and freedoms, guaranteeing their protection, are the institution of the Verkhovna Rada Commissioner for Human Rights, the Verkhovna Rada of Ukraine Committee on Legal Policy, law enforcement, human rights bodies, and justice bodies. An important human rights function is performed by non-state entities and formations (public human rights organizations; public formations for the protection of public order and the state border; human rights movements).

Let us consider in more detail the features of the implementation of law enforcement policy through law enforcement, human rights activities and the administration of justice.

Law enforcement activities are aimed at ensuring the principle of the rule of law in society. Law enforcement is an important component of domestic state policy, the general principles of which are determined by the Verkhovna Rada of Ukraine. Law enforcement ensures the effectiveness of the Ukrainian state.

The priority tasks of law enforcement activities are:

Protection of the social system of the state established by the Constitution of Ukraine;

Protection of the political system;

Protection of the rights and legitimate interests of citizens, enterprises, institutions, organizations, subjects of all forms of ownership;

Countering the emergence of undesirable relationships and conflict manifestations in society.

A special place in the system of goals and objectives of law enforcement activities is occupied by the protection of human rights and freedoms, his safety, life, honor, dignity, and inviolability.

Law enforcement is a state lawful activity, the main goal of which is the protection of rights and the restoration of violated rights.

Component law enforcement activity is a special law enforcement activity, the essence of which is the priority implementation of law enforcement of the constitutional order, national security, identification, investigation, suppression of crimes, execution of punishments. Special law enforcement activities are implemented through the activities of special services and are a tool for the implementation of state leadership in resolving issues of political, economic, information, and financial security.

Law enforcement activities of the state are carried out through the system of law enforcement agencies. The Law of Ukraine “On State Protection of Court Employees and Law Enforcement Agencies” lists law enforcement agencies, which include:

Prosecutor's office;

Internal affairs bodies;

Security authorities;

Military law enforcement agencies in the Armed Forces of Ukraine;

Customs;

State border protection authorities;

Bodies and institutions for the execution of punishments;

State tax authorities;

Bodies of the state control and audit service;

Fisheries authorities;

State forest protection bodies;

Other agencies that perform law enforcement or law enforcement functions.

The guarantee of human and civil rights and freedoms is characterized by the presence of effective justice - an integral attribute of a democratic state governed by the rule of law. Effective justice is the quintessence of the regulatory and protective functions of the state. Through justice, citizens can defend their rights. Justice is a state activity carried out by the court by considering and deciding civil, criminal, economic and administrative cases in court sessions in a special procedural form established by law. The Law of Ukraine MPro Judicial System of Ukraine “notes that the main purpose of the court is to ensure the protection of the rights and freedoms of man and citizen guaranteed by the Constitution, the rights and legitimate interests of legal entities, the interests of society and the state. Judicial activity is a type of jurisdictional activity, which has characteristics and order, and human rights protection.

The main goal of judicial activity is the administration of justice, which combines such forms of legal proceedings as constitutional, administrative, economic, civil, and criminal. Courts provide legal protection of constitutional and other legal values. Judicial activity is a universal mechanism for the protection and protection of rights, restoration of violated rights, termination of violations of rights, and consideration of disputes in court. The mechanism of administrative and legal support for the rights and freedoms of man and citizen primarily covers administrative justice, the activities of administrative courts, as well as the entire judicial system in the field of protecting the rights and freedoms of citizens. Judicial protection of the rights and freedoms of man and citizen is considered as a type of state protection that must be provided by the state in accordance with Part 2 of Art. 55 of the Constitution of Ukraine. The right to judicial protection presupposes guarantees of effective restoration of rights through the administration of justice.

An important function of a democratic state is to ensure the protection and protection of the rights of citizens through human rights organizations that are independent from government agencies, as well as through individual government agencies. They are characterized by openness and democracy. Human rights activities consist of providing legal assistance to citizens, legal entities, foreigners, and stateless persons. The subjects of human rights activities are: public organizations (for example, human rights organizations, associations for the protection of consumer rights); business structures (private entrepreneurs, legal entities) providing a variety of legal services; government bodies (judicial authorities, BP Commissioner for Human Rights); advocacy; notary office

The focus of the activities of law enforcement, human rights, and judicial bodies is determined by five main tasks:

1) preservation and protection of the existing constitutional system;

2) protection of constitutional rights and freedoms of citizens;

3) protection of legitimate interests of domestic producers;

4) fight against crime;

5) targeted development of the system of judicial and law enforcement activities.

Important factors in the effectiveness of judicial, law enforcement and human rights activities, as components of internal state policy, are the high level of competence and professionalism of the personnel of authorized bodies, as well as the perfect execution of organizational and managerial functions.

A specific feature of law enforcement activity in modern conditions is its use as a means of managing and monitoring the social sphere, the development of economic activity, and the progress of socio-economic processes. There is an expansion of the influence of bodies, legal

practices on the functioning of the banking and financial sector, on the activities of various sectors of the national economy (such as the fuel and energy complex, transport), as well as on privatization processes, on the management of enterprises in the authorized capital of which there is a share of public funds. However, it should be pointed out that only the influence of law enforcement agencies on economic, financial, technical decisions made in the process of social management is provided. This impact of law enforcement has a preventive effect. For detecting smuggling and stopping the production of low-quality products, law enforcement agencies (prosecutor's office, security services, customs authorities, border troops, internal affairs agencies, the legal profession) contribute to solving one of the key problems of the economy - protecting domestic producers, overcoming negative trade relations. This focus of law enforcement activities against undesirable socio-economic phenomena and the suspension of illegal actions is constructive and has a positive effect on political processes.

The effectiveness of state law enforcement policy largely depends on the interaction of law enforcement agencies, combining their efforts to combat crime and to protect the rights and freedoms of citizens. Such coordination of law enforcement activities is one of the management functions that unites and systematizes the efforts of law enforcement and other state and non-state bodies and institutions to achieve the main tasks of combating crime. The essence of coordination is to combine the efforts of law enforcement agencies in the fight against crime, especially organized crime, in preventing it, in coordinating actions, and in complying with the law.

The main forms of coordination of law enforcement activities are:

1) development and implementation of special operations;

2) joint operational meetings;

3) creation of joint investigative and operational groups;

4) exchange of information;

5) general analysis of information;

6) joint trips to the regions (districts, regions);

7) introduction and use of unified data banks;

8) holding joint seminars, meetings, conferences;

9) publication of organizational and administrative documents;

10) exchange of experience.

Coordination of law enforcement management is an integral part of state policy and involves the formation of specific goals, ensuring coordinating actions, and determining the content of tactical operations.

Considering the intensification of international terrorism and transnational crime, international agreements play a leading role in coordinating the actions of law enforcement agencies of any country. International law enforcement cooperation is based on the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, as well as on decisions taken at the governmental or interdepartmental level.

The legal basis for organizing interaction is: constitutional requirements for the protection of human and civil rights; criminal procedure legislation; sectoral and special (functional) acts of legislation; decrees, orders of the President of Ukraine; Government resolutions on issues of combating crime and organizing law enforcement activities; government crime control programs; international treaties on cooperation in the fight against crime; departmental and interdepartmental regulations; acts of the General Prosecutor's Office of Ukraine on issues of organizing interaction.

The implementation of state policy in the sphere of protecting the rights and freedoms of citizens, the interests of society and the state from unlawful attacks, ensuring public order and public safety fall within the scope of tasks of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Internal Affairs and its local bodies, local state administrations and bodies local government. The Ministry of Internal Affairs is the central executive body, whose powers are defined in the Regulations on the Ministry of Internal Affairs. In a broad sense, ensuring public order and peace of citizens is the task of both state and non-state organizations.

What is a state?

State there is a special, fairly stable political unit that represents an organization of power and administration separated from the population and claims the supreme right to govern (demand the execution of actions) over a certain territory and population, regardless of the latter’s consent; having the strength and means to implement its claims.

State there is a machine for the oppression of one class by another, a machine for keeping other subordinate classes in obedience to one class. (V. Lenin)

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

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

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

State- a political-territorial sovereign organization of public power, which has a special apparatus for the purpose of implementing management, support, security functions and is capable of making its orders binding on the population of the entire country.

Question: Is there a difference in the above definitions of state? Is it possible to try to divide these definitions into some groups? How are they different from each other?

By the way: a very interesting problem is hidden in the etymology of the origin of the term “state” in Ancient Rus' and Western Europe. In Russian, the word “state” comes from the Old Russian “sovereign” (the so-called prince-ruler in ancient Rus'), which, in turn, is associated with the word “gospodar” 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”, “gospodarstvo” appear later than the already established meanings “sovereign”, “sovereign”, then in the Middle Ages in Rus' “state” was usually perceived as directly related to the possessions of the “sovereign”, and the “sovereign” himself is like 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” - state, status, i.e. the state of rights and obligations or, in other words, characterizing the status of a citizen and non-citizen. Thus, in the Western European tradition, the “state” is perceived as a structure 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” - row, system. By the way, in the Russian language there is a similar word - “order”, which has its root in the word “ryad” - 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 is translated as “general case".

The main directions of state activities in state management are concentrated in the functions of the state, which have constantly changed 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 mouth 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 viewed as a kind of “Leviathan”, which must unite society, managing its affairs, in exchange for most 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 emergence 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 with the rights and freedoms of citizens (especially in their economic relations), maintain law and order, support the army and police with tax revenues, protect life and property of citizens, take care of the education of the lower classes, 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 the right to intervene 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 American President F. D. Roosevelt in his “New Frontiers” program, and the post-war evolution of the development of America and Western European countries, which was built on the search for a compromise between the interests of all citizens of the country and the powers states.

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 features. The main ones are:

Availability of public authority. These are certain bodies of legislative and executive power, the bureaucracy, the courts, the police (for example, the police already existed in Ancient Egypt), and the army.
Administrative-territorial organization. During public administration, the country is divided according to the administrative-territorial principle. This is necessary for more rational management of society, collection of taxes, etc. In primitive society, organization was based on consanguineous ties.
Regular tax collection. It is necessary to maintain the army, the state apparatus, and carry out public works.
Sovereignty of state power. This is the state’s monopoly right to legislation and governance within the country, as well as its autonomy and independence in relations with other countries.
Coercive apparatus.

Additional characteristics of the state:

Language as a means of communication on the territory of a particular state.
Unified defense and foreign policy.
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 ancient states, others arose as civilization developed. The functions of the state are divided into internal And external.

The main internal functions of the state include:

establishing and maintaining a regime of law and order in society;
organization of economic life, monetary circulation in the country;
carrying out socially significant work (construction of roads, bridges, irrigation systems and
etc.);
social function - organization in society of certain systems of health care, education, assistance to the poor and disabled, etc.

The main external functions of the state include:

protection of borders and defense of the country during external attack;
foreign policy activity - representing the country in relations with other countries;
organization of economic relations with other countries.

QUESTIONS:

1. Find the characteristics of a state in the list below. Write down the numbers under which they are indicated. Please indicate all correct answers:

Answer

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

Answer

Examples of how the state performs its foreign policy functions include:

1) development of military doctrine and national security concept;

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 characteristics of a state in the list below. Write down the numbers under which they are indicated. Please indicate all correct answers:

Answer

4. (1−4). Read the text and complete 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 may be decisions on a certain procedure for collecting taxes, a procedure regulating property rights, a procedure for considering and resolving conflicts and disputes, and much more. This type of power is called political.

The basis of political power is a special type of social inequality - political inequality.<…>

…The division of people into those who make political decisions, those who manage society, and those who carry them out has been preserved. Only the procedure for forming a group of managers has changed; it has become more democratic and open, and the group itself has become more mobile and internally heterogeneous. This group received its own name in political science and sociology - the political elite, which no longer coincides with the class or economic division of society.

The basis of political inequality is the inequality of political status. A person gains the right to make responsible political decisions precisely due to his special status in the hierarchical structure of society, becoming a member of the government, a member of parliament, the leader of a political party, etc.<…>

Political government creates the prerequisites for governing society. Indeed, to coordinate the life of society, a kind of management center, a “brains headquarters” is needed, as well as overcoming centrifugal tendencies, egoism, individual and group interests. That is why the history of society is not the history of the elimination of political inequality, but the search and creation of effective ways to organize it, so that political inequality itself does not preserve society, but contributes to its development.

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

(Pushkareva G.V. Power as a social institution // Socio-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. Based on knowledge of a social science course and acts of public life, give three examples of factors influencing a person’s achievement of such status in modern society.

Answer

The main distinguishing feature of political power is that decisions made by its subject become binding on all members of society.

2. The correct answer must contain the following elements:

According to the author, the features of political inequality at the present stage 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 coincides with the class and economic division of society, has become more mobile and internally heterogeneous.

3. The correct answer must contain the following elements:

The following can be cited as factors influencing a person’s achievement of a special status in the hierarchical structure of society:

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 standards may include:

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

2) norms that determine the order of formation of the political elite (in democratic countries, competitive elections have 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 (“Russian Truth” by Yaroslav the Wise, the Council Code of Alexei Mikhailovich, the Constitution of the Russian Federation, 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 the sequence of numbers.

Answer

6. (1−6). Read the text and complete tasks 1−6.

Needless to say, how commendable is the sovereign’s loyalty to his word, straightforwardness and unwavering honesty. However, we know from experience that in our time great things were achieved only by those who did not try to keep their word and knew how to deceive whoever was needed; such rulers ultimately succeeded much more than those who relied on honesty<…>You need to know that you can fight the enemy in two ways: firstly, by laws, and secondly, by force. The first method is inherent in man, the second - in beasts; but since the first is often not enough, one has to resort to the second. It follows that the sovereign must learn what is in the nature of both man and beast<…>From which it follows that a reasonable ruler cannot and should not remain faithful to his promise if it harms his interests and if the reasons that prompted him to make the promise have disappeared. Such advice would be unworthy if people honestly kept their word, but people, being bad, do not keep their word, so you should do the same with them. And there will always be a plausible excuse to break a promise.<…>You must appear in the eyes of people as compassionate, true to your word, merciful, sincere, pious - and be so in reality, but internally you must remain ready to show the opposite qualities, if necessary.<…>A dispute may arise about what is better: for the sovereign to be loved or to be feared. They say that it is best when they are afraid and loved at the same time; however, love does not go well with fear; therefore, if you have to choose, it is safer to choose fear. For about people in general it can be said that they are ungrateful and fickle, prone to hypocrisy and deception, that they are frightened by danger and attracted by profit: as long as you do good to them, 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 someone who inspires them with fear, for love is supported by gratitude, which people, being bad, can neglect for their own benefit, while fear is supported by the threat of punishment, which cannot be neglected.<…>So, returning to the debate about what is better: for the sovereign to be loved or to be feared, I will say that they love sovereigns at their own discretion, and they are afraid at the discretion of sovereigns, therefore it is better for a wise ruler to count on what depends on him, and not from someone else; it is only important not to incur the hatred of your subjects under any circumstances<…>

(Adapted from the book by N. Machiavelli)

1) Make a plan for 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. led 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 production enterprises 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:

the sovereign's loyalty to his word;

ways to fight enemies;

how the people should treat the ruler.

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

2.The correct answer may include the following qualities:

loyalty to one's word;

straightforwardness;

unwavering honesty;

compassion;

mercy;

sincerity;

piety.

Other qualities may be mentioned.

3. The answer must contain the following elements:

two feelings in people’s attitude towards the sovereign: love and fear;

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

4. The answer may include the following recommendations:

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

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

in no case should you incur the hatred of your subordinates;

You cannot trust flatterers and hypocrites.

Based on the text, other recommendations may be formulated.

5. The correct answer must contain the following elements:

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

Another explanation for the fact given in the task may be given.

fragment of the text: “a reasonable ruler cannot and should not remain faithful to his promise if this harms his interests and if the reasons that prompted him to make the 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:

in case of agreement, it may be stated that
Machiavelli calls on the sovereign, in fact, to go beyond morality (goodness, decency, loyalty, etc.);

Machiavelli's advice assumes that society is immoral in nature and is guided by considerations of personal gain, but 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;

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

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 province of Carolina in North America.

A representative of sensationalism, he denied the presence of innate ideas in humans and substantiated the principle of “tabula rasa”. The empiricist believed that experience alone was the basis of knowledge and asserted the primacy of sensations obtained through the senses over the mind.

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

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

One of the authors of the doctrine of separation of powers (legislative, executive and federal, dealing with diplomatic issues), was the first to propose this theory. He outlined his own political views in detail in his 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 placed on them by profession and pretense, to discern what is genuine that lies in the depths under such an appearance... He must teach his pupil to form for himself, as far as possible, the correct judging people on the basis of those signs that best show what they really are, and to penetrate with your gaze into their inner being, which is often revealed in little things, especially when these people are not in a ceremonial setting and are not on the alert.

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

Where there are no laws, there is no freedom.

Make only a few laws, but make sure they are followed.

Consequently, man's freedom and 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 by which he must govern himself, and make him understand to what extent he still has freedom of his own will. . To give him unlimited freedom before he has a reason to guide him is not to give him the privilege of his nature to be free, but to throw him into the midst of the beasts and leave him in a miserable state that is equally inferior. the dignity of a person, as well as their condition. This is what puts power in the hands of parents to control their children during their minority. God charged them with the care of his offspring, and endowed them with a corresponding disposition of tenderness and care, in order to moderate this power, in order to exercise it as his wisdom prescribed, for the benefit of the children so long as they should remain under this power.

Essay topics:

1) (“Highest standard”, demo version, 2nd stage, 9th grade, 2013)
“The state does not exist in order to turn earthly life into paradise, but in order to prevent it from finally turning into hell.”

(Nikolai Berdyaev)

2) (“Highest test”, 2nd stage, 11th grade, 2013)
James Madison wrote: “The disposition to mutual enmity is so strong in man that, even where there is no essential basis for it, small and superficial differences are enough to arouse men’s ill will towards each other and plunge them into the most severe strife.” Many authors at different times made similar observations, deriving from them various political theories. Give examples of theories of this kind known to you. What do you know and can say about Madison's political conclusions? In what exact institutions were they embodied?

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

(Friedrich Nietzsche)

4. (Second round of the final stage of the All-Russian Olympiad for schoolchildren in social studies 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 studies 2013)
“A beautiful thing is love for the fatherland, but there is an even more beautiful thing - this is love for truth. Love for the fatherland gives birth to heroes, love for 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 force to be more durable and firm than that based on love.”
(S. Zweig)

3. (“Highest test”, 2nd stage, 9th grade, 2014)

“A mixed republic is a combination of elements of a presidential and 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. The bicameral structure of parliament and the post of prime minister, separated from the post of president, are borrowed from the parliamentary republic.”

Answer

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

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

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

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

Answer

The following statements are incorrect:

a) that in Hobbes’s 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 rejected after he commits an illegitimate (from the point of view of the people) action and/or that Hobbes justified the legality of rebellion against an illegitimate monarch (4 points + 1 point for mentioning Locke as a theorist of the overthrow of an illegitimate monarch ).

181Substantiality, features and mechanisms for implementing state law enforcement policy

182Law enforcement, human rights, judicial bodies and their role in the implementation of state law enforcement policy (state policy in the field of policing)

181 Essence, features and mechanisms for implementing state law enforcement policy

According to. The Constitution of Ukraine, a person, his life, health, honor, dignity are recognized as the highest value. Such declaration determines the content and direction of the activities of the state and all its bodies to affirm, ensure and guarantee human rights and freedoms.

For a legal democratic state, recognition and practical implementation of the rights and freedoms of man and citizen, ensuring their protection is one of the priority functions. The law enforcement function is the leading one in the system of internal functions of the state and provides for the guaranteed protection of the rights and freedoms of citizens by establishing an effective legal order, ensuring the rule of law, and protecting national security.

The law enforcement function is implemented through the law enforcement policy of the state, which is a component of state policy

Law enforcement policy is a separate type of activity of the government and other public institutions at the national and local levels, aimed at:

Protection and protection of the constitutional values of the Ukrainian state and society;

Ensuring the principle of the rule of law;

Protection of installed ones. The Constitution of the social order, territorial integrity;

Protection of human rights and freedoms, protection of legal order, restoration of violated rights, detection and investigation of crimes

The essence of law enforcement policy lies in the purposeful activities of power structures and government bodies at various levels aimed at ensuring law and order, as an objective need for solving the development of the state and society, and at preventing and suppressing crimes.

An important direction of state law enforcement policy is the formation of legal security, which is a universally significant value and meets the interests of society and citizens. The category “legal security” occupies a priority place in the system of national values. It is a fundamental principle for constructing the legal system, branches of law and their institutions from the point of view of ensuring the safe functioning and development of social relations. The dominant aspect of the security system is the creation of conditions for the safe existence of the individual, the realization of his rights and freedoms. Consequently, the state must guarantee strict observance of laws, implementation of the principle of legality, security of the individual in society, and ensure an optimal balance between the protection of democratic institutions, common interests and the protection of individual rights and freedoms. Effective dialogue between the state (and society) to create safe living conditions ensures the natural functioning and development of social relations. The state must guarantee such means, methods and forms of activity of law enforcement and judicial bodies that ensure compliance with the rights and interests of the individual’s axis of interest.

State law enforcement policy is also aimed at ensuring public order and public safety, which guarantees the avoidance of certain dangers both for the entire society and for individual citizens. It is important to distinguish between the concepts of “public order” and “public safety.” Public order is a system of relations, a set of established rules, a certain order that has formed in society and meets the interests of the state and all its citizens. Public security is a system of relations that is formed in the process of preventing and eliminating threats to the life, health of citizens, and their property. Public security is a state when citizens are not in any danger, there is no threat of disruption to the normal functioning of state and non-state organizations and non-state organizations.

The legal basis for the implementation of state policy in the field of protecting the rights and freedoms of citizens, the interests of society and the state is. Constitution of Ukraine. Laws of Ukraine: “On the police”, “On operational investigative activities”, “On the security service”, “On access to court decisions”, “On the judicial system of Ukraine”, “On the Constitutional Court of Ukraine”, “On the prosecutor’s office” ","On the High Council of Justice","On the state executive service","On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights","On the state protection of public authorities of Ukraine and officials","On the organizational and legal basis combating organized crime”, “On measures to combat illicit trafficking in narcotic drugs, psychotropic substances and precursors and their abuse”, “On state protection of court employees and law enforcement agencies” Decrees. President of Ukraine "On the National Anti-Corruption Program," "On improving the coordination activities of law enforcement agencies to combat corruption and organized crime," Resolutions and Cabinet. Ministers of Ukraine "On the State Security Service under the Ministry of Internal Affairs", "On the approval of standard provisions on the service for minors", Resolution. to the Cabinet of Ministers of Ukraine "On the State Security Service under. MVS", "About the confirmation of standard regulations on service in the right of minors" etc.

The means used by government bodies to ensure the implementation of the rights and freedoms of man and citizen, the formation of legal security, public safety and public order, in their form and content are versatile in nature and depend on the competence of the bodies and the place they occupy in the executive power system . The highest body in the executive branch has broad powers in the sphere of ensuring rights and freedoms and in the formation of security. Cabinet. Ministers of Ukraine. Protection of human rights and freedoms is a priority activity of the government. Its implementation is carried out mainly through the process of management and direct control over the work of ministries, central executive authorities, local state administrations, as well as through the issuance of special resolutions and orders. The government's activities to implement the rights and freedoms of citizens, the formation of legal, civil security, public order should be based on the principles of the rule of law, legality, division in the state, collegiality, scientificity, publicity.

The component of the state law enforcement policy guarantees (guarantee) the implementation of human and civil rights and freedoms, provides conditions, means, methods that ensure the full protection of individual rights and freedoms. Therefore, the specificity of the activities of the executive branch regarding the rights and freedoms of citizens is the guarantee of their implementation. After all, the proclamation of any rights and freedoms of man and citizen, even their consolidation by the relevant legal acts of the state, is worth nothing without real guarantees of implementation and implementation. The concept of guarantee means a set of objective and subjective factors aimed at the practical implementation of rights and freedoms and at eliminating possible obstacles to their proper implementation.

Guarantees of human and civil rights provide for the provision of measures specified in domestic and international legislation. Domestic institutions for the protection of citizens' rights are systems of socio-economic, cultural, political and legal means and conditions that ensure the direct protection of human and civil rights. The system of special legal guarantees, among which administrative and legal guarantees occupy the leading place, becomes important in the practical implementation of the rights and freedoms of the citizen. Consequently, legal guarantees of individual rights and freedoms, as normative and legal means of ensuring them, are a set of interconnected and interacting normative, legal and institutional and organizational guarantees to ensure the implementation, protection and defense of human and citizen rights and freedoms.

Regulatory and legal guarantees for ensuring the rights and freedoms of citizens are a set of legal norms that determine the scope of the rights, freedoms, and responsibilities of citizens, as well as the means established for their implementation and protection from violations. These are the means established by law and legal norms that protect and the rights of citizens are protected, their violations are stopped and eliminated, and violated rights are restored. Institutional-organizational guarantees for ensuring the rights and freedoms of citizens are the socio-political institutions provided for in regulatory legal acts, which are entrusted with the appropriate functions and powers for organizing and implementing legal support for the implementation, protection and defense of human and civil rights and freedoms. Regulatory-legal and institutional-organizational guarantees for ensuring rights and freedoms are closely related, since regulations regulate in detail the activities of state and public institutions in organizing and implementing activities aimed at ensuring rights and freedoms.

In the institutional and organizational aspect, the leading role in ensuring the rights and freedoms of man and citizen belongs. The President of Ukraine, who, according to Article 102 of the Constitution of Ukraine, is the guarantor of the rights and freedom of man and citizen. Implementation of these powers. The presidency is carried out through the initiation of laws and the issuance of decrees aimed at ensuring the rights and freedoms of man and citizen. Powers of Ch. The state's authority in the sphere of protecting the rights and freedoms of citizens is embodied in the right of veto in relation to those adopted. Supreme. Rada of Ukraine laws, in law. President to repeal the acts. The Cabinet of Ministers, decisions of the heads of local state administrations, some other regulations in the event of violation of individual rights and freedoms in Ukraine.

Authority. The President, as the guarantor of the rights and freedoms of man and citizen, are also implemented through the activities of such bodies as: Secretariat. President;. Commission at. President of Ukraine on issues of drunkenness communities. Office of Pardons; department of letters and reception of citizens at. Secretariat. President. The main goal of these bodies is to strengthen guarantees of respect for the rights of communities.

The institutions that ensure the implementation of civil rights and freedoms and guarantee their protection are institutions. Commissioner. Supreme. Rada for Human Rights. Committee. Supreme. Rada of Ukraine on legal policy issues, law enforcement, human rights bodies, justice bodies. An important human rights function is performed by non-state entities and formations (public human rights organizations; public formations along the Oron region of public order and the state border; human rights movements).

Let us consider in more detail the features of the implementation of law enforcement policy through law enforcement, human rights activities and the administration of justice

Law enforcement activities are aimed at ensuring the principle of the rule of law in society. Law enforcement is an important component of domestic state policy, the general principles of which are determined. Supreme. Rada of Ukraine. Law enforcement activities ensure the effectiveness of the Ukrainian state.

The priority tasks of law enforcement activities are:

Protection of what is installed. the Constitution of Ukraine of the social system of the state;

Protection of the political system;

Protection of the rights and legitimate interests of citizens, enterprises, institutions, organizations, subjects of all forms of ownership;

Countering the emergence of undesirable relationships in society and conflict manifestations

A special place in the system of goals and objectives of law enforcement activities is occupied by the protection of human rights and freedoms, his safety, life, honor, dignity, inviolability

Law enforcement is a state lawful activity, the main goal of which is the protection of rights, the restoration of violated rights

A component of law enforcement activity is special law enforcement activity, the essence of which is the priority implementation of the order of constitutional order, national security, identification, and investigation. Anna, suppression of crimes, execution of punishments. Special law enforcement activities are implemented through the activities of special services and are a tool for the implementation of state leadership in resolving issues of political, economic, information, and financial danger.

Law enforcement activities of the state are carried out through the system of law enforcement agencies. The Law of Ukraine "On State Protection of Court Employees and Law Enforcement Agencies" lists law enforcement agencies. An, which include:

Prosecutor's office;

Internal affairs bodies;

Security authorities;

Military law enforcement agencies c. Armed Forces of Ukraine;

Customs;

State border protection authorities;

Bodies and institutions for the execution of punishments;

State tax authorities;

Bodies of the state control and audit service;

Fisheries authorities;

State forest protection bodies;

Other authorities performing law enforcement or law enforcement functions

The guarantee of human and civil rights and freedoms is characterized by the presence of effective justice - an integral attribute of a democratic state governed by the rule of law. Effective justice is the quintessence of regulation and protective functions of the state. Through justice, citizens can defend their rights. Justice is a state activity that is carried out by the court by considering and deciding civil, criminal, gentlemen. RSK and administrative cases in court hearings in a special procedural form established by law. In the Law of Ukraine MPro Judicial System of Ukraine "it is noted that the main purpose of the court is to ensure the protection of the rights and freedoms of man and citizen guaranteed by the Constitution, the rights and legitimate interests of legal entities, the interests of society and the state. Judicial activity is a type of jurisdictional activity, which is characterized by signs of both order and human rights protection for transport workers.

The main goal of judicial activity is the administration of justice, combining such forms of legal proceedings as constitutional, administrative, economic, civil, and criminal. Courts providing legal protection of constitutional and other legal values. Judicial activity is a universal mechanism for the protection and protection of rights, the restoration of violated rights, the termination of violations of law, the consideration of disputes in court, the mechanism of administrative and legal support for the rights and freedoms of man and citizen primarily covers administrative justice, the activities of administrative courts, as well as the entire judicial system in sphere of protection of the rights and freedoms of citizens. Judicial protection of the rights and freedoms of man and citizen is considered as a type of state protection that must be provided by the state in accordance with Part 2 of Article 55. The Constitution of Ukraine, the right to judicial protection provides for guarantees of effective restoration of rights through the administration of justice.

An important function of a democratic state is to ensure the protection and protection of the rights of citizens through human rights organizations that are independent from government bodies, as well as through individual government bodies, and they are characterized by openness and democracy. Human rights activities consist of providing legal assistance to citizens, legal entities, foreigners, and stateless persons. The subjects of human rights activities are: public organizations (for example, human rights organizations, associations for the protection of consumer rights); business structures (private entrepreneurs, legal entities) providing a variety of legal services; government bodies (judicial authorities, BP Commissioner for Human Rights); advocacy; notary office

The focus of the activities of law enforcement, human rights, and judicial bodies is determined by five main tasks:

1) preservation and protection of the existing constitutional system;

2) protection of constitutional rights and freedoms of citizens;

3) protection of legitimate interests of domestic producers;

4) fight against crime;

5) targeted development of the system of judicial and law enforcement activities

Important factors in the effectiveness of judicial, law enforcement and human rights activities, as components of internal state policy, are the high level of competence and professionalism of the personnel of authorized bodies, as well as the perfection of performance of organizational and managerial functions.

A specific feature of law enforcement activity in modern conditions is its use as a means of managing and monitoring the social sphere, the development of economic activity, and the progress of economic processes. There is an expansion of the influence of legal authorities

practices on the functioning of the banking and financial sector, on the activities of various sectors of the national economy (such as the fuel and energy complex, transport), as well as on privatization processes, on the management of enterprises in the authorized capital of which there is a share of public funds. However, it should be pointed out that only the influence of law enforcement agencies on economic, financial, technical decisions made in the process of social management is provided for. Such influence of law enforcement agencies should have a protective effect. By detecting smuggling and stopping the production of low-quality products, law enforcement agencies (authorities and prosecutors' offices, security services, customs authorities, border troops, internal affairs bodies, the legal profession) contribute to solving one of the key problems of the economy - the protection of domestic producers. The hem of the negative commodity exchange relations. This focus of law enforcement activities against undesirable socio-economic phenomena and the suspension of illegal actions is constructive and has a positive impact on political processes.

The effectiveness of state law enforcement policy largely depends on the interaction of law enforcement agencies, combining their efforts to combat crime and to protect the rights and freedoms of citizens. Yes, aka coordination of law enforcement activities is one of the management functions that unites and systematizes the efforts of law enforcement and other state and non-state bodies and institutions to achieve the main tasks of combating crime. The essence of coordination is to combine the efforts of law enforcement agencies in the fight against crime, especially organized crime, in preventing it, in coordinating actions, and complying with the law.

The main forms of coordination of law enforcement activities are:

1) development and implementation of special operations;

2) joint operational meetings;

3) creation of joint investigative and operational groups;

4) exchange of information;

5) general analysis of information;

6) joint trips to the regions (districts, regions);

7) implementation and use of unified data banks;

8) holding joint seminars, meetings, conferences;

9) publication of organizational and administrative documents;

10) exchange of experience

Coordination of the management of law enforcement agencies is an integral component of state policy and provides for the formation of specific goals, ensuring conciliatory actions, and determining the content of these tactical operations.

Considering the intensification of international terrorism and transnational crime, international agreements play a leading role in coordinating the actions of law enforcement agencies of any country. International law enforcement cooperation is based on. Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime, as well as on the basis of decisions taken at the governmental or interdepartmental level.

The legal basis for organizing interaction is: constitutional requirements regarding the protection of human and civil rights, criminal procedure legislation; sectoral and special (functional) acts of legislation;; decrees, orders. President of Ukraine; resolutions. Governments on issues of combating crime and organizing law enforcement activities; state programs to combat crime, international agreements with the village of Ethan interaction in the field of combating crime; departmental and interdepartmental regulations; acts. General Prosecutor's Office of Ukraine on issues of organizing interacting.

The implementation of state policy in the sphere of protecting the rights and freedoms of citizens, the interests of society and the state from illegal attacks, ensuring public order and public safety belong to the sphere of the era of assignments. President of Ukraine. Cabinet. Ministers of Ukraine. The Ministry of Internal Affairs and its local bodies, local state administrations and local governments. The Ministry of Foreign Affairs is the central executive body, whose powers are defined in Art. Regulations about. Ministry of Internal Affairs. In a broad sense, ensuring public order and peace of mind is the task of both state and non-state organizations.

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Essence, features and mechanisms for implementing state law enforcement policy

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