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§ 2.2. The administrative rights and duties of subjects Civil society.

Interaction is always joint cooperation of several subjects, in legal space getting the legal relation form, or interaction and in vnepravovyh forms, such as is possible, for example, the coordination of positions, however and in such cases legal elements are found out.

The maintenance of any legal relation are the mutual rights and duties of its participants. In the previous paragraph we investigated duties and the rights of law-enforcement bodies on interaction with institutes of a civil society. It is represented, as on the other hand should korrespondirujushchie be right and duties of subjects of a civil society.

First of all, of course, citizens and their associations in any form have the constitutional laws allowing them to operate in those directions on which interaction with law-enforcement bodies is possible.

Here the main thing - constitutional (natural even) the right of citizens to protect the rights and freedom in all ways which have been not forbidden by the law (ch. 2 items 45 of the Constitution of the Russian Federation). It is possible to name also the right to life (ch. 1 items 20), on protection of advantage of the person (ch. 1 items 21), on freedom and inviolability of person (ch. 1 items 22), on inviolability of a private life, personal and family secret, honour and reputation protection (ch. 1 items 23), on the inviolability of home (item 25), on a freedom of movement on territory of the Russian Federation (ch. 1 items 27), on freedom of search, reception, transfer, manufacture and information distribution by any lawful way (ch. 4 items 29), the right to association and freedom of activity of public associations (ch. 1 items 30), a freedom of assembly (item 31), the right to the reference in the state bodies and local governments (item 33), the private property right (the item 35), the right to the information on circumstances and the facts creating threat for a life and health of people (ch. 3 items 41), the right to reception of the qualified legal aid (ch. 1 items 48).

The constitution of the Russian Federation does not establish interdictions and the duties directly connected with activity of citizens in directions on which interaction with law-enforcement bodies is possible. It is possible to name only the general duties to pay taxes and tax collections (item 57), to keep the nature and environment, to make thrifty use of natural riches (item 58). At the same time, one interdiction is directly addressed the citizens consolidated or wishing to be consolidated for the decision of any general problems. It will lock to create and public associations, the purposes or which actions are directed on violent change of bases of the constitutional system and infringement of integrity of the Russian Federation, blasting of safety of the state, creation of the armed formations, kindling social, racial, national and religious break a set (ch. 5 items 13).

Constitutional laws provide necessary for display of is social-legal activity of citizens and their associations as subjects of a civil society legal freedom which usually understand in theory of law as possibility to think and arrive on own will in the limits defined by rules of law, i.e. in the form of lawful behaviour [199]. Without it, first, it is impossible to speak about the generated civil society, secondly, without it the positive is social-legal activity directed on protection of the law and order, public safety maintenance is impossible.

But constitutional laws can be not always directly realised. The acts specifying, the detailing constitutional positions providing practical possibility of their realisation are necessary. In the basic directions of interaction of police with institutes of a civil society federal the law from April, 2nd, 2014 № 44-FZ «federal acts already approved by practice lately are passed About participation of citizens in public order protection», from July, 21st, 2014 № 212-FZ «About public control bases in the Russian Federation», and also from June, 10th, 2008 (in red. From 21.12.2013) № 76-FZ «About public control over maintenance of human rights in places of the compulsory maintenance and about assistance to the persons who are in places of the compulsory maintenance» and from July, 17th, 2009 (in red. From 21.10.2013) «About anticorruption examination of standard legal acts and projects of standard legal acts».

Presumably, separate questions of the given subjects should be regulated UK the Russian Federation, KoAP the Russian Federation and other federal acts. We will consider them about an establishment of features administratively - a legal status of institutes of a civil society in interaction with police.

Participation of citizens in public order protection

From article 4 of the Federal act about national teams follows, that citizens have the right:

- Voluntary to participate in public order protection;

- To protect itself from wrongful acts by all ways which have been not forbidden by the law;

- To co-operate with law-enforcement bodies (police), other law enforcement bodies, public authorities and local governments.

Besides, the rights of citizens are defined in Federal act item 8:

- To inform law-enforcement bodies (police) and other law enforcement bodies;

- To participate in actions for public order protection for the invitation of law-enforcement bodies;

- To participate in public order protection at carrying out of mass actions for the invitation of their organizers;

- To participate in work coordination, advisory, expert and advisory bodies concerning protection of the public order, created in law-enforcement bodies, under their invitation;

- To promote law-enforcement bodies (police) in other forms.

From the basic directions of activity of public associations of a law-enforcement orientation listed in ch. 2 items 11 of the Federal act about national teams, follow still the rights:

- To participate in the prevention and suppression of offences;

- To extend legal knowledge, to explain norms of behaviour in public places.

And for national teams ch. 6 items 12 of the Federal act about national teams are provided by one more right - to participate in the prevention and suppression of offences in territory in a place of creation of a national team. At the same time, the right to participate in protection of a public order for them is limited (or, on the contrary, is expanded in comparison with other public organisations of a law-enforcement orientation) attraction possibility to public order protection in cases of occurrence of extreme situations.

Positions of item 8 of the Federal act, in our opinion, any more do not assume that freedom of citizens on self-defence which is established by principles in item 4 of the given Federal act. It is practically right citizens are reduced to assistance, to participation when will call. Thus, to citizens and institutes of a civil society refuses in independence and in the initiative.

The restrictions connected with protection of a public order, are established in Federal act item 5 about national teams:

- It is not supposed to give out public law-enforcement formations (and their members) for divisions of law-enforcement bodies (and their employees);

- Attraction of citizens to participation in actions for protection of the public order, obviously assuming threat of their life and to health is not supposed.

As to the second restriction, that, in our opinion, it is addressed law-enforcement bodies, other state bodies and local governments. To forbid citizens to protect a public order in any extreme conditions menacing to their life and health, it is impossible. So, for example, in 1999 citizens independently provided the safety. In such situations civil inactivity can threaten much more to safety of people, than active actions, despite their danger.

Duties of citizens and institutes of a civil society in the Federal act about national teams are defined, in our opinion, insufficiently accurately and definitely. So, Federal act item 7 provides inclusion of public associations

Law-enforcement orientation in regional registers. Necessity of it is clear - inclusion in registers provides the control over public associations, allows to limit occurrence in their structure of the separate persons representing threat of the public safety, and also facilitates interaction with the registered public associations.

At the same time, from Federal act item 7 about national teams not clearly, whether the associations which have been not included in regional registers can participate in public order protection, in maintenance of the public safety? We will address besides to experience of 1999 At this time public safety maintenance carried out the institutes of a civil society formed spontaneously from volunteers - from the citizens understanding, that except them nobody in a condition to provide their safety. Whether probably in a similar situation to demand from such citizens-volunteers of gathering of documents, registration in the regional register and t.d? It is represented, that this requirement would make impossible realisation by citizens of the constitutional law on self-defence.

In this respect the reference to historic facts is of interest. V.I.Romanov writes, that in region there were cases, for example, on Ust - Katavsky factory when the workers dissatisfied with a divergence, incapacity of the divisions of national militia generated by Provisional government, force dispersed them, selected at them the weapon and armed own groups protecting working settlements [200]. It testifies to presence in the Russian society of potential of law-enforcement activity which is realised at occurrence of threat to life of people under the initiative "from below". In the same number there are examples of association of citizens for protection of the public safety in 1999 when unstated persons had been made some blastings of apartment houses with numerous victims.

The further studying of positions of the Federal act about national teams shows, that the public associations which have been not included in regional registers, are deprived the right to participate in public order protection. In it directly specifies ch. 2 items 11 of the Federal act.

In ch. 2 items 11. The Federal act about national teams one more restriction contains - public associations can participate in public order protection only in a place of their creation, i.e. in municipal union borders.

The negative estimation is deserved used in the Federal act about national teams by terms, in particular, the term "law enforcement bodies". The given concept is not defined legislatively, can be interpreted as broad, and ogranichitelno. For example, it is possible to carry court to law enforcement bodies, but interaction of institutes of a civil society with court will threaten independence of court. On the other hand, the Ministry of Emergency Measures of Russia is not law enforcement body owing to what the right to interaction of institutes of a civil society from the Ministry of Emergency Measures of Russia in search of the lost citizens can be limited. Besides, in item 6 of item 4 of the Federal act about national teams law enforcement bodies and public authorities that allows to assume are listed, that the legislator under law enforcement bodies meant any bodies which are not concerning public authorities. But in the Russian Federation such law enforcement bodies do not exist.

In item 1 ch. 1 item 8 once again meets the term "law enforcement bodies". The right to inform them about infringements and threats to a public order is given to citizens. Close interpretation of the given norm leads to a conclusion that citizens are deprived the right to inform on infringements and threats other state bodies which are not concerning law enforcement bodies. So threat to life and to health of the citizens, proceeding from what or dangerous industrial (chemical, nuclear) object, for example, is found out. The public authority, authorised to provide safety of such objects - Rostehnadzor, not being law enforcement body. In other cases there can be a necessity of the reference in Rosselhoznadzor, Rospotrebnadzor, etc.

In this case item 1 ch. 1 item 8 of the Federal act about national teams contradicts the Constitution of the Russian Federation (item 33), to the Federal act from May, 2nd, 2006 № 59-FZ «About an order of consideration of references of citizens». Besides, to direct the right of citizens and public associations to all subjects of an administrative jurisdiction the materials, the containing data specifying in presence of event of administrative violation, follows from ch. 1 items 28.1 KoAP the Russian Federation. The part of 2 articles 28.1 KoAP the Russian Federation establishes a duty of the officials, authorised to constitute reports on administrative violations, to consider references of citizens and public associations with removal of the corresponding legal act - definitions about refusal in commencing a suit about administrative violation or the report on administrative violation or definition about commencing a suit about administrative violation and appointment of administrative investigation.

Proceeding from stated, it is obviously necessary in item 6 of item 4 of the Federal act about national teams to exclude words of "other law enforcement bodies», and in item 1 ch. 1 item 8 of the Federal act a word "law-enforcement" to replace with a word "representatives".

The condition established in item 3 ch does not match practical experience. 6 items 12 of the Federal act about national teams according to which to participate in public order protection in cases of occurrence of extreme situations have the right only national teams. In critical situations, in cases of occurrence of extreme situations civil activity out of existing organizational forms is shown. In our opinion to refuse to citizens and to spontaneously formed institutes of a civil society in realisation of their right to self-defence in extreme situations it is inadmissible.

In our opinion, in this part the Federal act about national teams should be reviewed. It is necessary to accord a right to participate in public order protection, public safety maintenance, the prevention and suppression of various offences more to a wide range of citizens and their associations, including, volonterskih, not having status of public organisation, the legal person.

In this respect the draught federal law dismissed by the State Duma № 146414-5 «About participation of citizens in public order protection», brought by deputies and members of the Federation Council of V.A.Vasilevym, A.I.Gurov, So-called Moskalkovoj, V.I.Fedorovym, A.A.Tchekalin, etc. in 2010 is represented to more successful

In item 6 of the given bill it was provided, that citizens, independently participating in public order protection, have the right to take the measures which are not contradicting the legislation, on self-defence of the rights and freedom in public order sphere; to promote law-enforcement bodies, other bodies, authorised to carry out public order protection; to co-operate on a non-staff basis with law-enforcement bodies; to address with offers concerning public order protection in the bodies, authorised to carry out public order protection.

Thus, it was offered four basic forms of participation of citizens in public order protection: 1) self-defence; 2) police assistance; 3) non-staff cooperation with police; 4) a direction of references.

It was besides, offered three forms of participation in activity of public associations, national teams and territorial public self-management.

In bill item 7 the rights of citizens realised in the form of self-defence revealed, including: to apply available at them on lawful basises the weapon to protection of a life, health and the property in a justifiable defence or emergency condition; to assist other citizens, a life, health and which property is threatened with danger; to show legal requirements to citizens and officials about the termination of an illegal encroachment; to address in mass media; to protect the rights and interests in court; to address in public authorities and local government [201].

The accepted Federal act about national teams reproduces paternalistskuju model that is shown in an assumption only assistance of police from citizens, an exception of displays of independent activity.

In connection with stated it is obviously necessary to bring in the Federal act about national teams following changes:

1) item 2 item 1 to state in the following edition:

«1) participation of citizens in public order protection - acceptance by citizens and their associations of measures not contradicting the federal act with a view of protection of a life, health, honour and advantage of the person, the property, interests of a society and the state against the criminal and other illegal encroachments made in public places, rendering assistance to law-enforcement bodies (police) and other authorised bodies;»

2) in item 6 of item 4 of a word «other law enforcement bodies,» to exclude;

3) a part of 2 articles 5 to state in the following edition:

«2. Attraction of citizens to participation in actions for protection of the public order, obviously assuming threat of their life and to health, is not supposed.»;

4) chapter 9 to add with new article 8.1 of the following maintenance:

«8.1. Independent participation of citizens in public order protection

1. Each citizen has the right to participate in public order protection independently or together with other citizens.

2. Citizens, independently participating in public order protection, have the right:

1) to take the measures which are not contradicting the legislation, on self-defence of the rights and freedom in public order sphere;

2) to address with offers concerning public order protection in the bodies, authorised to carry out public order protection. ».

Search of the lost citizens

Participation of institutes of a civil society in search of the lost citizens before Federal act coming into force about national teams was not regulated by standard legal acts. In the named Federal act there was the special article 9 devoted to the given direction of activity in spite of the fact that this direction is beyond a circle of public relations which could be regulated by the federal act about participation of citizens in public order protection since search of the lost cannot be carried to public order protection.

According to positions of item 9 of the Federal act about national teams in search of the persons who were missing, the citizens who have reached of age of 18 years have the right to take part. The citizens participating in search, have the right:

- To form search groups;

- To define routes and search places;

- To assist police and other law enforcement bodies in actions for search;

- To receive from police and other law enforcement bodies, public authorities and local governments the necessary information;

- To carry out other rights provided by the legislation.

Besides the listed rights ch. 4 items 9 of the Federal act assign

On the citizens participating in search, a duty:

- Not to stir to employees of police and other law enforcement bodies at realisation of the official powers by them;

- To inform employees of police the information on the facts important for search;

- To render first aid to citizens in case of accidents, traumas, poisonings both other conditions and the diseases menacing to their life and health, in the presence of corresponding preparation and (or) skills.

The analysis of the presented positions gives us the bases to approve about presence in positions of item 9 of the Federal act of essential lacks.

First, item 2 ch. 3 items 9 of the Federal act about national teams, declaring the right of citizens to reception of the popular information on the persons who were missing, about a place of their prospective search, other popular information necessary for search, are limited by the granted right to the established legislation of the Russian Federation order of reception of the specified information. Thus, such order is not established, neither the legislation, nor the governmental certificates, certificates of the Ministry of Internal Affairs of Russia or the Ministry of Emergency Measures of Russia. As consequence, the citizens who are carrying out search lost, cannot receive the necessary information, or are forced to receive it, using informal communications.

Besides, in our opinion, the order of granting to searchers of the necessary information should be established directly the Federal act about national teams.

Such problem is known, for example. Volunteers search for the mushroom picker who has lost the way in wood having a cellular telephone. The person cannot describe an exact site by phone. But the operator of cellular communication has technical possibility to establish geographical co-ordinates of a place in which there is phone. This operation should be done as soon as possible for many reasons including because phone battery quickly sits down. And after phone will be disconnected, it cannot be marked. It is necessary to notice, that cellular telephones even more often help to find the lost people. So, GU the Ministry of Emergency Measures on the Moscow area informs on a find of the citizen on June, 21st, 2014 in Klinsky area. Rescuers GKU MO "Mosoblpozhspas" have the necessary equipment for such search [202].

Secondly, the instructions that the citizens participating in search gone, have the right to carry out other rights provided by federal acts, do not bear any semantic loading. This obvious statement which it is possible to address with the same success to any citizens, including what do not participate in search of the lost.

Thirdly, restriction of the right of citizens on participation in search lost, by age border in 18 years is hardly proved. We do not see obstacles for participation in search of the older persons which have lost the way in wood - mushroom pickers, for example, their relatives, including minor grandsons. Moreover, hardly it is possible to forbid the federal act such actions.

Fourthly, the legislator used in Federal act item 9 about national teams the term «the person who was missing». This term has a legal definition. In the Modelling law on the persons who were missing: «the Person who was missing, - the person which site is not known to its relatives and (or) which on the basis of a trustworthy information and according to the national legislation (state) is declared by the person who was missing, in connection with the international or not international confrontation, a situation of violence or disorders in the country» 1.

In many cases when citizens-volunteers and representatives of institutes of a civil society participate in search, it is a question of the people who have lost the way in settlements (in cities) or in wood (mushroom pickers). For example search group Liza Alert in 2012 was searched by 151 persons in the city environment and 135 in suburban [203 [204 environment. It is possible to tell, that the approximate location lost is often known - a large forest, settlement territory. Moreover, cases when searchers and relatives contact with lost on phone are frequent. Therefore to speak about search of exclusively persons who were missing, not absolutely correctly.

In whole, Federal act item 9 about national teams does not bear any semantic loading. Besides, that in it obvious things are established, she does not establish any essential rights or duties, neither for institutes of a civil society, nor for police regarding interaction concerning search of the lost people. Considering, that given article and a subject of its regulation is not included at all into a circle of the relations regulated by the given Federal act according to its name (search of the lost has rather mediated relation to public order protection), we consider necessary to exclude item 9 from the Federal act about national teams.

On the basis of the above-stated it is possible to approve, that questions of interaction of institutes of a civil society with police and other state bodies, local governments legislatively are not regulated now.

Let's notice, that in the regional legislation there are the positions obliging public authorities to place on the official sites in a network "Internet", and also in mass media, including on the all-Russian obligatory popular television channels and radio channels, the popular information on the persons who were missing, a place of their prospective search, the contact information of co-ordinators of actions for search, other popular information necessary for effective search of persons, missing [205] while the Federal act about national teams only gives to searchers the right to receive from law-enforcement bodies the specified information.

In our opinion, regarding interaction of police with institutes of a civil society on search of the lost people only the police duty to render information and technical, in some cases probably and organizational assistance to searchers legislatively should be fixed. After all unlike police searchers in a condition to collect enough of people for scope of territory of search, but these people have no those possibilities which are given police by federal acts.

Anticorruption examination

Citizens and the organisations have following rights regarding realisation of independent anticorruption examination of projects of standard legal acts:

- To receive the status of the independent expert by accreditation in Ministry of Justice of Russia;

- To get acquainted with texts of projects of standard legal acts this very day when these projects go on the coordination to the state bodies and the organisations;

- To direct the conclusions by results of independent anticorruption examination, to mark in them korruptsiogennye factors and to offer ways of their elimination;

- To expect, that their expert judgements will be studied, and offers containing in them - are considered;

- To receive motivirovannye answers by results of consideration of expert judgements.

Unfortunately, interaction regarding carrying out of independent anticorruption examination and an estimation of regulating influence is carried out very badly. The public does not show interest and does not direct the offer. The carried out analysis of the materials placed on a site http://regulation.gov.ru/the Ministry of Internal Affairs of Russia, shows, that on them does not arrive offers from institutes of a civil society. So, without remarks there has passed public discussion of the project of the governmental order of the Russian Federation «About modification of the governmental order of the Russian Federation from October, 1st, 1994 № 1122»; the project of the order of the Ministry of Internal Affairs of Russia «About the statement of the List of officials of law-enforcement bodies of the Russian Federation, competent to direct inquiries about reception of a judgement on delivery by the credit organisation of inquiries on operations and accounts of legal bodies and individual businessmen, on operations, accounts and contributions of physical persons»; The project of the order of the Ministry of Internal Affairs of Russia «About modification of the order of the Ministry of Internal Affairs of Russia from April, 9th, 2013 № 198« About the statement of the List of posts of employees of law-enforcement bodies of the Russian Federation, authorised to take out the decision about a premise of minors for the term up to 48 hours per the centres of the time maintenance for minor offenders of law-enforcement bodies »; the project of the order of the Ministry of Internal Affairs of Russia« About modification of an administrative supervision Procedure for the persons released from the places of confinement, approved by the order of the Ministry of Internal Affairs of Russia from July, 8th, 2011 № 818 »; the project of the order of the Ministry of Internal Affairs of Russia, Minpromtorga Russia, FTS Russia« About modification of Position about passports of vehicles and passports of the chassis of the vehicles, approved by the order of the Ministry of Internal Affairs of Russia, Minpromenergo Russia, Minekonomrazvitija Russia from June, 23rd, 2005 № 496/192/134 ». We did not manage to find out any case when discussion is valid состоялось1.

In what there can be reasons of such passivity while in the register approved by Ministry of Justice of Russia as of September, 1st, 2014 1666 independent experts are specified, the overwhelming majority from which is constituted by lawyers? [206 [207]

In our opinion, the basic problems here two. First, the mechanism of participation of citizens in anticorruption examination is complicated. In - the second, the mechanism of the account of remarks and the offers stated by independent experts is opaque.

Introduction of the licensing of the admission of citizens to realisation of independent anticorruption examination of projects of standard legal acts, in our opinion, cannot be proved.

Restriction of the circle of persons, admitted to carrying out of the anticorruption examination, only the accredited experts causes in them fears that if they will sharply criticise the project, they will be deprived by accreditations. Besides, necessity of passage of procedure of accreditation can stop someone at this stage.

The main thing here, in our opinion, consists in belittling of the right of citizens on the reference fixed by the Constitution of the Russian Federation and the Federal act «About an order of consideration of references of citizens» which do not provide any conditions of type of passage of accreditation to direct to the state body the reference containing critical opinion on the project of the standard legal act and the offer on elimination of lacks, revealed by the citizen. We will notice, that, neither in criminal trial, nor in civil procedure, in manufacture on affairs about administrative violations of requirements about accreditation of experts it is not provided. It is obvious, that procedure of accreditation of independent experts is directed on restriction of a circle of persons, whose opinion developers of projects of standard legal acts should consider.

The sense of accreditation of independent experts if according to Federal act positions «About an order of consideration of references of citizens» the expert judgement directed by the citizen or the organisation, not being accredited experts, be all the same studied is besides, absolutely not clear, the offers stated there and remarks should be considered, and to the applicant should be directed motivirovannyj the answer!

The second circumstance - opacity of the mechanism of the account of opinions of independent experts - should be eliminated by an establishment of a duty of developers of projects of standard legal acts to publish expert judgements and the responses on the remarks specified in them and offers, for example, in the form of the inquiry or the certificate of the account of remarks.

On the basis of the stated it suggested to exclude from ch. 1 items 5 of the Federal act from July, 17th, 2009 № 172-FZ «About anticorruption examination of standard legal acts and projects of standard legal acts» the positions, concerning accreditations of experts on carrying out of independent anticorruption examination for what to state ch. 1 items 5 in the following edition:

«1. Institutes of a civil society and citizens can in an order provided by the legislation of the Russian Federation about an order of consideration of references of citizens, at the expense of own means carry out independent anticorruption examination of standard legal acts (projects of standard legal acts). An order and the account of the conclusions by results of independent anticorruption examination of standard legal acts (projects of standard legal acts) are established by federal enforcement authority in the field of justice.».

Public control

According to the Federal act from 21 julja 2014 № 212-FZ «About public control bases in the Russian Federation» citizens have following rights:

- Voluntary to participate in control personally or as a part of public associations, other not state noncommercial organisations;

- To organise, initiate carrying out of actions of public control;

- To enquire of public authorities necessary for realisation of public control the information except for the information, access to which is limited by federal acts;

- To visit public authorities and the organisations which are carrying out public powers;

- To state an estimation of activity of public authorities, including

Police;

- To prepare the total document by results of realisation of public control and to direct it on consideration to public authorities, to the Representative under human rights in the Russian Federation, to the Representative at the President of the Russian Federation by the rights of the child, the Representative at the President of the Russian Federation on protection of the rights of businessmen, in organs of the Prosecutor's Office;

- On obligatory consideration by public authorities of the total documents prepared by results of public control, on the account of offers, recommendations and conclusions;

- To address in court in protection of the rights of an uncertain circle of persons, the rights and legitimate interests of public associations and other not state noncommercial organisations;

- On use of various forms of the control;

- On disclosing of the information received as a result of public control (within the limits of the law, certainly).

Duties:

- To observe requirements of the legislation on public control;

- Not to interfere unreasonably with activity of public authorities, not to create an obstacle of their lawful activity;

- To proceed at realisation of public control from a principle of a presumption of conscientiousness of activity of public authorities;

- To observe a neutrality excluding possibility of influence of decisions of political parties on realisation of public control;

- To give the information on results of public control to public authorities and mass media, to observe confidentiality it is limited by federal acts.

In the field of public control as government institutes citizens - public inspectors or public experts, the public observant commissions, public inspections, groups of public control and other organizational structures can act.

The federal act about public control has become effective on August, 2nd, 2014, therefore at the given stage to study practice of its realisation it is not obviously possible. The institutes of a civil society aimed at interaction with police in the form of carrying out of public control over its activity, and the existing organisations, ready to carry out action for public control over police activity were not generated, not defined yet with the purposes, problems and subjects of carrying out of control actions concerning law-enforcement bodies. In turn law-enforcement bodies while also are not ready to participation in interaction with institutes of a civil society as under control object. The interviewing of representatives of a regional legislature spent by us and public chambers (the Nizhniy Novgorod, Saratov, Tyumen areas) and studying of materials available in open access has shown, that realisation of positions of the Federal act about public control is limited to working out of regional standard legal acts, but any practical actions for public control is not spent.

At the same time, the Federal act from June, 10th, 2008 № 76 FZ (red operates. From 21.12.2013) «About public control over maintenance of human rights in places of the compulsory maintenance and about assistance to the persons who are in places of the compulsory maintenance» [208]. According to the Decree of the President of the Russian Federation from March, 1st, 2011 № 250 «Questions of the organisation of police», in police structure enter, including, divisions, the organisations and services to which the maintenance is assigned, protection and konvoirovanie the arrested persons subjected to administrative arrest and (or) taken into custody of persons, suspected in temporary detention facilities suspected and convicted law-enforcement bodies of the Russian Federation being in temporary detention facilities.

Subjects of public control according to the given Federal act are the public observant commissions (further - ONK), obrazuemye in subjects of the Russian Federation in the order established by article 10 of the given Federal act, and their members.

Rights ONK:

- To receive the notice on cases attraction of member ONK as suspected or convicted - from the moment of its actual detention as the person suspected of committing a crime, and also about administrative detention of member ONK for the term of more than three hours;

- To make the decision on the termination of powers of member ONK;

- To visit places of the compulsory maintenance for public control realisation;

- To consider offers, statements and complaints of the persons who are in places of the compulsory maintenance, other persons to which knew about infringement of the laws of persons which are in places of the compulsory maintenance;

- To make of the decision by results of public control carrying out;

- To direct materials following the results of public control to the Representative under human rights to the Russian Federation, to the Representative at the President of the Russian Federation on protection of the rights of businessmen, the representative under human rights in the corresponding subject of the Russian Federation, to the representative on protection of the rights of businessmen in the corresponding subject of the Russian Federation, in Public chamber of the Russian Federation, public chamber of the corresponding subject of the Russian Federation, in administrations of places of the compulsory maintenance, the public associations which have put forward candidates in members of the public observant commission, the mass media, corresponding federal enforcement authorities, bodies

The executive authority of subjects of the Russian Federation, local governments, and also in other competent state bodies or to their officials;

- To co-operate with public authorities, other state bodies, local governments, their officials, public organisations and other subjects;

- To participate in work of the commissions correctional facilities at the decision of questions on transfer condemned of one conditions of enduring the punishment in others;

- To spend public hearings concerning the activity. Duties ONK:

- To approve regulations ONK at the first session by the majority голосов1;

- In the activity to be guided by the Code of ethics of members of the public observant commissions which is approved by members of Public chamber of the Russian Federation (the report № 28-P from July, 12th, 2012);

- To carry out activity according to regulations ONK approved at first session ONK etc.

The rights of members ONK are established separately in Federal act item 16:

- As a part of not less than two members ONK without the special permission in the established Ministry of Internal Affairs of Russia, an order to visit places of the compulsory maintenance at observance of the regulations established in them. Members ONK have the right to visit chambers, punishment cells, stationary branches, walking court yard, libraries, table, penal and disciplinary insulators, one-man cells, premises for maintenance of personal security of the persons who are in places of compulsory [209 [210] [211] [212] [213] maintenances, other premises of places of the compulsory maintenance, except for objects and constructions on which visiting the consent of administrations of places of the compulsory maintenance is necessary;

- To talk to the persons containing in places of the compulsory maintenance (except for suspected and convicted), when due hereunder;

- To accept and consider offers, statements and complaints of the persons who are in places of the compulsory maintenance, other persons to which knew about infringement of the laws of persons which are in places of the compulsory maintenance;

- To enquire of administrations of places of the compulsory maintenance and to receive from them data and the documents necessary for carrying out of public control and preparation of the conclusions, offers or references ONK;

- To address concerning maintenance of human rights in places of the compulsory maintenance to officials of administrations of places of the compulsory maintenance, establishments and bodies of the Ministry of Internal Affairs of Russia and their territorial bodies in which conducting there are places of the compulsory maintenance, executive powers of the government of subjects of the Russian Federation;

- To affect on the persons containing in places of the compulsory maintenance, with a view of their correction, to solve questions of maintenance of favorable conditions of their maintenance, creation of conditions for their adaptation to a life in a society.

Members ONK are obliged:

- To observe requirements of the standard legal acts regulating work of places of the compulsory maintenance;

- To submit to valid claims of administration of places of the compulsory maintenance;

- Not to create an obstacle to executing process;

- Not to participate in carrying out of public control of a place of the compulsory maintenance in which there is its close relative or the person involved in criminal proceeding on whom member ONK is the victim, the witness, the defender or other person participating in manufacture on business;

- Not to receive material compensation for the activity on public control realisation;

- Not to disclose data of preliminary investigation;

- To adjust with administration of a place of the compulsory maintenance the actions directed on rendering of assistance to persons, being in places of the compulsory maintenance, to specify personal data of representatives of the public associations participating in such actions, socially focused noncommercial organisations.

Thus, during research the following has been established.

1. Now standard legal regulation three directions of activity of institutes of a civil society are provided only:

1) participation of citizens in public order protection;

2) participation in carrying out of anticorruption examination of projects of standard legal acts;

3) public control realisation.

2. The federal acts regulating activity of institutes of a civil society in listed directions, limit constitutional laws of citizens, including the right to self-defence, to display of social activity, providing participation of citizens and public organisations in various actions only under the invitation in the form of assistance, but not under own initiative.

It is obviously necessary to bring in the Federal act about national teams following changes:

1) item 2 item 1 to state in the following edition:

«1) participation of citizens in public order protection - acceptance by citizens and their associations of measures not contradicting the federal act with a view of protection of a life, health, honour and advantage of the person, the property, interests of a society and the state against the criminal and other illegal encroachments made in public places, rendering assistance to law-enforcement bodies (police) and other authorised bodies;»

2) in item 6 of item 4 of a word «other law enforcement bodies,» to exclude;

3) a part of 2 articles 5 to state in the following edition:

«2. Attraction of citizens to participation in actions for protection of the public order, obviously assuming threat of their life and to health, is not supposed.»;

4) chapter 9 to add with new article 8.1 of the following maintenance:

«8.1. Independent participation of citizens in public order protection

1. Each citizen has the right to participate in public order protection independently or together with other citizens.

2. Citizens, independently participating in public order protection, have the right:

1) to take the measures which are not contradicting the legislation, on self-defence of the rights and freedom in public order sphere;

2) to address with offers concerning public order protection in the bodies, authorised to carry out public order protection. »;

5) article 9 to exclude.

In the Federal act from July, 17th, 2009 № 172-FZ «About anticorruption examination of standard legal acts and projects of standard legal acts» to exclude from ch. 1 items 5 of the position, concerning accreditations of experts on carrying out of independent anticorruption examination for what to state ch. 1 items 5 in the following edition:

«1. Institutes of a civil society and citizens can in an order provided by the legislation of the Russian Federation about an order of consideration of references of citizens, at the expense of own means carry out independent anticorruption examination of standard legal acts (projects of standard legal acts). An order of the account of the conclusions by results of independent anticorruption examination of standard legal acts (projects of standard legal acts) are established by federal enforcement authority in the field of justice.».

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A source: FEDOROVA INNA VIKTOROVNA. is administrative-LEGAL ASPECTS of INTERACTION of POLICE With INSTITUTES of the CIVIL SOCIETY. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2018. 2018

More on topic § 2.2. The administrative rights and duties of subjects Civil society.:

  1. 2.1. The rights and duties of civil servants of civil department
  2. § 6.2. Duties of not state organisations as subjects Administrative law
  3. § 1. The rights and duties of civil servants
  4. § 2. Concept and value of the mechanism of realisation of the civil rights and discharge of duties
  5. the protected subjective public administrative rights, duties and legitimate interests of physical persons
  6. § 3. Interrelation of realisation of the civil rights and discharge of duties
  7. the protected subjective public administrative rights, f duties and legitimate interests of the organisations
  8. § 1. Gnoseological essence of principles of realisation of the civil rights and discharge of duties
  9. the subjective public administrative rights, duties, legitimate interests and their protection.
  10. § 1.3. Is administrative-legal forms and methods of interaction of police with institutes of a civil society.
  11. § 2. The functional approach as a basis of studying of principles of realisation of the civil rights and discharge of duties
  12. Chapter 3. ELEMENTS of the MECHANISM of REALIZATION of the CIVIL RIGHTS And DISCHARGE OF DUTIES
  13. Chapter 7. PRINCIPLES-METHODS of REALIZATION of the CIVIL RIGHTS And DISCHARGE OF DUTIES
  14. § 2.3. Social councils at law-enforcement bodies as subjects of the coordination of interests of police and institutes Civil society
  15. Section I. REALIZATION of the SUBJECTIVE CIVIL RIGHTS And DISCHARGE OF DUTIES: CONCEPT And the MECHANISM