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directions of optimisation of the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level as subject of the organisation of law-enforcement activity

The system of the Ministry of Internal Affairs of Russia includes four levels of territorial bodies: district, inter-regional; regional and regional [206]. Their such construction urged to harden a government vertical in sphere of internal affairs, to provide efficient control the police divisions, directly carrying out law-enforcement a problem.

Realisation of powers of territorial bodies of the Ministry of Internal Affairs of Russia is defined by their status, and, as consequence, a legal status of their heads. It to the full concerns chiefs of city, regional law-enforcement bodies and linear law-enforcement bodies on transport [207]. Being the most numerous link of system of the Ministry of Internal Affairs, a component of the state system of enforcement authorities, they directly carry out law-enforcement and pravoprimenitelnuju activity in territory of various municipal unions and on objects of transport. Within the limits of the is standard certain competence their chiefs will organise and directly carry out besides intraorganizational executive functions on management realisation by the subordinated employees, function on rendering of the state services to the population, performance of other state functions at state policy realisation in sphere of internal affairs.

Main destination of territorial bodies of the Ministry of Internal Affairs of Russia of regional level of management is carrying out during a state policy life in sphere of counteraction of criminality and public order protection. Taking into account the conclusions following from operative conditions, chiefs of territorial bodies develop the decisions on the organisation of activity of the bodies subordinated by it and divisions, i.e. Carry out mainly organizational functions [208].

Now the special attention of the Ministry of Internal Affairs of Russia is directed on escalating of potential of territorial bodies at regional level, first of all services and the divisions which are directly carrying out functions on counteraction of criminality and maintenance of a public order. So, only in 2014 on regional level it is in addition directed 11 thousand units of regular number, the quantity of territorial bodies, including by formation in the sparsely populated districts of branches of the Ministry of Internal Affairs of the Russia having simplified structure [209] is increased.

Differentiation of powers in activity directions between territorial bodies at regional and regional levels of system of the Ministry of Internal Affairs of Russia is provided. As a part of police divisions of the account, the analysis, planning and the control, duplicating work of staffs [210] are abolished. However, it has not affected in any way the decision of a question on the organising competence of heads of law-enforcement bodies of regional level.

Meanwhile necessity of legal regulation of the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level consists that in the conditions of reorganisation of structure of management at preservation of volume of law-enforcement functions by one of the major factors of effective performance of problems facing to territorial body qualitative legal maintenance of their activity acts.

However, as fairly marks O.J.Konevskaja, the used methodological base and available structurization of functions of officials in status documents (positions), certainly having set a vector of development to government system, are not perfect [211].

In them the problem of timely reaction to arising requirements for organizational regulation of sphere of internal affairs taking into account varying conditions of a life of the state and a society is not to the full provided. In some of them infringement of criterion of uniformity of terms of reference takes place. Frequently in the given sections functions and at all minorant functions, and concrete actions and operations on their realisation [212] are fixed not.

The decision of a complex of the organizational and other problems facing to the head, is difficult and multiplane process which cannot be carried out without the legal regulation representing in aggregate the form in which activity of territorial bodies of the Ministry of Internal Affairs of Russia at the regional level clothes, possessing unique on a variety and set of elements the functional and organizational structures, specific powers in sphere of internal affairs.

In connection with acceptance of federal acts «About police","About social guarantees to employees of law-enforcement bodies» [213], «About service in bodies

Internal affairs of the Russian Federation and modification of separate acts of the Russian Federation »[214], and other standard legal acts the vector of development of the law-enforcement bodies, directed on development of" partner model »society and state interaction and police modernisation has essentially changed. This process was accompanied by organizational-regular actions in which result limiting number of the Ministry of Internal Affairs of Russia only for 2016 is reduced to 100 thousand units and constitutes nowadays the little more than 900 thousand employees, federal civil servants and workers. As a whole for last six years - from the beginning of reform of the Ministry of Internal Affairs of Russia - regular number of law-enforcement bodies was reduced almost to 270 thousand units [215]. It dictates necessity of updating of approaches to the organisation of law-enforcement activity and improvement of quality of preparation of the managerial personnel.

During reforming of law-enforcement bodies before heads of territorial bodies of the Ministry of Internal Affairs of Russia challenges are put, many of which cannot be solved is unique true in the way. Flexibility, immediate adaptation to promptly varying conditions of operative conditions is necessary. Thus the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level is the person allocated with the right to exercise administration by joint labour activity of persons, allocated with the diversified functions. It - the central figure of the management personnel which main task is integration of labour activity of workers of various trades for achievement of the purposes facing to the organisation. Until recently was considered, that the head is a post. Now admits everywhere, that it is a trade, a sort of labour activity with the corresponding status and the competence which are got and formed by corresponding organising preparation [216].

The chief of territorial body is edinonachalnikom and bears all completeness of responsibility for effective performance by the management personnel, the subordinated bodies and divisions of problems on protection of a public order, the public safety, the prevention, revealing, disclosing and investigation of crimes, for observance the law - nosti [217]. Differently, there is no such field of activity which would be out of a zone of responsibility of the head.

At regional level as the organizer of law-enforcement activity in the entrusted body she as it was marked in the previous paragraph allows to assume the analysis of the maintenance of work of the head of territorial body of the Ministry of Internal Affairs of Russia, that, should have a strong legal basis. The standard legal act in details regulating a legal status, structure, an order of activity of the state bodies, the organisations and establishments, and also their mutual relations with other bodies, the organisations, establishments and citizens, Position about the organizational structure, approved by the corresponding order of the head of law-enforcement body [218] is defining.

Let's dare to disagree with opinion N. V.Ananeva who approves that, in aggregate official duties and the rights represent powers (or the competence) the civil servant, designating fulfilment possibility serving as the competent person of the actions defined by the state [219]. According to the author of dissertation, is inadmissible to mix concepts of power and the competence, it raznoporjadkovye terms. The competence as it was specified above is a circle of questions, set of the rights and duties, and powers is the right to make of the decision. Differently, according to the competence allocate with necessary powers in this area.

The territorial body is headed by the chief appointed to the post and dismissed by the head of corresponding territorial body of the Ministry of Internal Affairs of Russia at regional level, or the President of the Russian Federation on representation of the Minister of Internal Affairs of the Russian Federation at appointment to the post of the higher commanding structure for which the special rank of the higher commanding structure is provided, or at clearing of this post [220].

The head in the activity is guided by the Constitution of the Russian Federation, the conventional principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, federal acts, certificates of the President and the Government of the Russian Federation, laws of the subject of the Russian Federation concerning the law and order protection, published within its competence, standard legal acts of the Ministry of Internal Affairs of Russia, and also position about territorial body.

Typical position about territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level is the bright example showing the list of status powers and the maintenance of organising activity of the head of body of the given category.

The head within the limits of the legal status, within the competence actively realises the powers. Here again it is necessary to address to the theory of a question assuming, that organisation of a control system raises quantitatively when within the limits of the given form at its given structure more considerable sum of elements-aktivnostej collects, for example, information accumulation by various divisions of law-enforcement body [221].

Structurally organisation raises, when within the limits of system its activity incorporates to smaller conflicts of structural elements among themselves when the operating ratio of the energy increases, the integrated efforts [222]. Hence, strategy of the organisation of law-enforcement activity in territorial body of the Ministry of Internal Affairs of Russia at regional level should be directed on expansion of quantity of sources of activity (structural divisions) systems, improvement of the organisation of their interaction and activity coordination at the decision of all complex of arising problems of management.

The given assumption is worthy, as in modern conditions the most capacious sources of growth of efficiency of law-enforcement activity of law-enforcement bodies consist first of all in use of own potential. Search and optimisation of internal resources, innovative work, use of new information technologies, the measures directed on perfection of the organisation and coordination of interaction, increase of scientific level of the organisation of law-enforcement activity and culture of management [223] are necessary. Thereupon consider expedient to allocate with corresponding powers on the organisation of law-enforcement activity not only the chief of territorial body and its assistants, but also heads of structural divisions.

According to the author of dissertation, it is expedient to chief of territorial body, its assistants and heads of structural divisions to expand the competence of questions of distribution of resources, innovative work, use of new information technologies.

Let's agree with A.D.Ulyanov's opinion that in activity of the head of territorial body of the Ministry of Internal Affairs of Russia at regional level administrative and communication powers prevail. During too time quite often there is no the innovative component of its activity connected about use of scientific knowledge and modern achievements in various spheres of a life of a society for improvement of operatively-office activity, and also perfection of social development of collective [224].

It is possible to agree and with opinions of other experts on inadmissibility of withdrawal from powers of the Ministry of Internal Affairs of Russia bolshej parts of administrative functions, such, as the analysis, coordination, planning, the account and information gathering, maintenance of activity of the subordinated law-enforcement bodies, the organisations and establishments, the control etc. In this context the question on how it is possible to provide stably and effectively realisation of problems of management, including strategic character, remains open [225].

Probably and other legal fastening of existing powers of the head: differentiation on actually administrative, organising, working, performing, it is direct pravoohrannye and pravoprimenitelnye.

So, opening a question on duties of the chief of territorial body of the Ministry of Internal Affairs of Russia of regional level, it is necessary to notice, that the essence of its work consists in providing the general management of process of functioning and body development. It bears the personal responsibility for timely acceptance and realisation of tactical and operative decisions on all vital questions of functioning and development of operated system in served territory.

Nevertheless the primary goals of the head of body remain organizational maintenance of activity under the prevention, suppression, disclosing and investigation of crimes and administrative violations, protection of a public order and public safety maintenance; rendering assistance in the limits defined by the law «About police», to citizens, officials, the organisations and public associations in realisation of their legitimate rights and interests.

Thus, it is possible to notice, that the legal basis of powers on the organisation of law-enforcement activity of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level is not perfect. And it negatively affects quality of administrative work. Insufficient level of the organisation of law-enforcement activity, in particular, its planning, often brings to nothing preconditions of successful work. Negative influence on collective work renders also not clear, erroneous and not all an accepted division of labour.

Now requirements to personal and professional qualities of the head [226] are strengthened. At the same time it is necessary to recognise, that spontaneously got experience of organising activity not always provides a successful management of collectives of law-enforcement bodies. Without system work on the organisation of law-enforcement activity nevoz - it is possible to carry out the functions assigned to law-enforcement bodies effectively. Optimisation of the competence of the chief of territorial body on the organisation of law-enforcement activity thereupon is required.

In law-enforcement bodies multipurpose, multi-purpose and versatile character of their work predetermines the highest requirements to quality of organizational ability of officials of the administrative board which, as is known, is realised in its organizational activity. Skill of a management is got not at once, and in the course of training and practical work. Now exclusively high demands are made to a key element. In the annual message to Federal assembly of the Russian Federation the head of the state has noted: «... Without a qualitative modern state administration, without high personal responsibility of those who is engaged in it, we will not solve the problems facing to a society and the country» [227].

What is included into the maintenance of work of the head? First of all, it is necessary to recognise that the chief of territorial body of the Ministry of Internal Affairs of Russia bears all completeness of responsibility for the organisation of work of services and divisions, a condition of work with shots, observance of discipline and legality staff, independently makes of the decision on use of available forces and body means, concentrating their basic attention to protection of a public order and public safety maintenance, the prevention and suppression of crimes and administrative violations, revealing, disclosing and investigation of crimes [228].

It is possible to draw a conclusion, that first of all the maintenance of work of the chief includes work on management of collective which consists of performance of all set of the administrative functions directed on resolution of problems, search and a finding of decisions, the organisation and the control over performance by subordinates of the purposes and body problems. Though in such kind work of the head consists of separate actions, it represents a single whole where separate actions and decisions are only "bricks" in the strategic program of actions of concrete heads.

Requirements repeatedly increase in this plan to the head as to the broad specialist. So, effective educational work should be considered as the major component of organising activity of the head, one of the means having direct influence on a moral condition of staff and end results operativnosluzhebnoj of activity [229].

At the heart of creation of organizational preconditions definition of functional duties, delegation of powers to other heads, their standard fastening, the equipment of workplaces, the interaction organisation between employees, divisions etc. lays. [230]

Basis of social preconditions constitute creation of conditions for normal rest of staff, fruitful work of collective. According to the Minister of Internal Affairs of the Russian Federation V.A.Kolokoltseva, «...k who has a potential, it is necessary to make thrifty use and remember, that only the uniform command, harmonious professional collective is pledge of personal success of each employee, and the main thing - the guarantor of an overall performance on protection of safety of our citizens» [231].

The analysis of standard legal acts and the special literature gives the bases to approve, that according to modern representations the essence of work of commanding structure of law-enforcement bodies is reduced to performance of such functions, as strategic, innovative, administrative, communication, social (educational) [232]. Functions of the head act as a criterion of an estimation of its individual qualities, means of an estimation of degree of success of performance by it of the work.

The legal relations connected with definition of a legal status (status) of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level by Federal acts from November, 30th, 2011 № 342-FZ «About service in law-enforcement bodies of the Russian Federation and modification of separate acts of the Russian Federation», from February, 7th, 2011 № 3-FZ «About police», from July, 19th, 2011 № 247-FZ «About social guarantees to employees of law-enforcement bodies of the Russian Federation and modification of separate acts of the Russian Federation» and other federal acts regulating legal relations, connected with service in law-enforcement bodies (including norms of the labour legislation in the cases which have been not settled by listed standard legal acts); standard legal acts of the President and the Government of the Russian Federation, federal enforcement authority in sphere of internal affairs. Besides, have the big validity and other rules in case they are provided by the international treaty of the Russian Federation, ratified when due hereunder are applied.

Kompetentsionnaja the component of the status of the chief of concrete territorial body is defined by its duty regulations developed according to powers of headed division, specified in Position about law-enforcement body, with the account of its kind and structure. Position about regional body, and also its organizational structure and the list of staff affirms the head of higher territorial body of the Ministry of Internal Affairs of Russia on regional (district, inter-regional - for linear law-enforcement bodies on transport) level according to Typical structure of territorial bodies of the Ministry of Internal Affairs of Russia.

Depending on organizational structure of body its chief carries out the powers in activity directions as directly, and through structural elements (the divisions, separate officials) headed body.

The chief will organise activity of territorial body, carries out planning and coordination of activity of its structural divisions in service territory, reports on the head of corresponding higher territorial body of the Ministry of Internal Affairs of Russia on results of realisation by territorial body of the powers. On the basis of the analysis of operative conditions it develops and realises measures on increase of efficiency of application of forces and body means; metes duties between the assistants, delegates when due hereunder a part of the organizational-administrative powers given to it to the assistants, and also chiefs of structural divisions concerning the organisation of activity of these divisions.

Problems of the head of territorial law-enforcement body at regional level concern:

- Interaction concerning law and order maintenance in served territory with chiefs of other territorial bodies of the Ministry of Internal Affairs of Russia of corresponding level, commanders of connections and military units of internal armies of the Ministry of Internal Affairs of Russia, with heads of others state, and also municipal bodies, public associations and the organisations;

- Participation in maintenance within the competence in served territory of realisation of decisions of the antiterrorist commission and an operative staff in the corresponding subject of the Russian Federation;

- Realisation of an operative management by divisions of the private security which is carrying out of a problem, assigned to the given divisions, in service territory.

The organisation and conducting an enrolment of citizens concern powers of the head of the given level also; consideration of offers, statements and complaints concerning activity of territorial body, acceptance on them of necessary measures. Besides all listed it carries out other powers according to the legislation of the Russian Federation, laws of the corresponding subject of the Russian Federation concerning protection of a public order and the public safety maintenance, published within its competence, standard legal acts of the Ministry of Internal Affairs of Russia, and also legal acts of corresponding higher territorial body of the Ministry of Internal Affairs of Russia [233].

Thus, we consider expedient, that more detailed duties and the rights of the chief of territorial body come under to fastening in the individual legal act - duty regulations. The same document provides responsibility for inadequate performance of the official duties established by the duty regulations, the contract on service in law-enforcement bodies, by Federal acts «About police» and «About service in law-enforcement bodies of the Russian Federation and modification of separate acts of the Russian Federation».

The federal act «About police» establishes responsibility of heads of territorial bodies of the Ministry of Internal Affairs of Russia for performance within the competence of corresponding bodies of the duties assigned to police.

The chief of territorial body bears personal responsibility:

1) for appropriate performance of the problems assigned to a department (management) and functions, realisation of the given rights;

2) realisation of the general management, participation in carrying out of actions of moral and psychological maintenance, the control of a condition of an is social-psychological climate in office collectives, a condition of office discipline and legality in the subordinated divisions;

3) the organisation of reception and consideration of offers, statements, and petitions of citizens;

4) safety of the data constituting the state secret, and observance of a mode of privacy;

5) appropriate and timely performance assigned to it duty regulations of official duties.

The head as the employee of law-enforcement bodies bears legal responsibility:

1) criminal - according to the legislation of the Russian Federation for committing a crime;

2) administrative - according to ch. 2 items 2.5 of the Code of the Russian Federation about administrative violations for administrative violation fulfilment;

3) disciplinary - according to ch. 1 items 2.5 KoAP the Russian Federation;

- According to item 47, 49-51 Federal acts «About service in law-enforcement bodies of the Russian Federation...» And for infringements of office discipline;

- For non-observance by the employee of law-enforcement bodies of restrictions and interdictions, requirements about prevention or about settlement of the conflict of interests and default of the duties established with a view of counteraction of corruption by federal acts;

4) civil-law - in case of compensation by the Russian Federation of the harm caused to citizens and the organisations by wrongful acts (inactivity) of the employee, at the reference of the Ministry of Internal Affairs of Russia on behalf of the Russian Federation in court with the statement of claim on the right of the return requirement (recourse) at a rate of the paid compensation;

5) material - in order and cases which are established by the labour legislation, for a damage caused by the Ministry of Internal Affairs of Russia, its territorial body, division.

Thus, considering responsibility of the chief of territorial body of the Ministry of Internal Affairs of Russia, it is represented expedient to differentiate kinds of responsibility for those or other acts or omissions. Or in duty regulations to specify, about which responsibility there is a speech in similar cases, considering, that for one and too infringement the person cannot bear two kinds of responsibility.

So, it is necessary to notice, that the chief of the territorial body who has made with law-breaking the decision on dismissal of the employee of law-enforcement bodies from service in law-enforcement bodies, about its clearing, discharge of a post or transfer into other post in law-enforcement bodies, or detained execution of the decision on restoration of the employee in a former post and (or) a special rank, bears disciplinary and a liability. Thus in case of lawful dismissal of the employee of law-enforcement bodies from service, from the date of a direction to it notices on necessity to be behind the work record card or to agree to its posting, the corresponding chief is relieved from responsibility for a delay of delivery of the work record card if last day services it is not received on hands by the employee for the reasons which not dependent on actions are of the authorised head [234].

G ovorja about powers of the chief of territorial body of the Ministry of Internal Affairs of Russia, it is necessary to remember, that on it restrictions, interdictions and the duties established by the Federal act from December, 25th, 2008 №273-ФЗ «About corruption counteraction» and item 17, 18 and 20 Federal acts from July, 27th, 2004 № 79-FZ «About the state civil service of the Russian Federation», except for restrictions, interdictions and the duties interfering realisation by the employee of police operativnorazysknoj of activity extend. In action of the military man or state of emergency, carrying out of counterterrorist operation, in the conditions of a confrontation, at liquidation of consequences of failures, accidents of natural and technogenic character and other extreme situations the establishment of other special conditions and additional restrictions is supposed.

For non-observance by the employee of police of restrictions and interdictions, requirements about prevention or about settlement of the conflict of interests and default of the duties established with a view of counteraction of corruption by Federal acts «About police», «About corruption counteraction» and other federal acts, the collectings provided by the Federal act «About service in law-enforcement bodies of the Russian Federation and modification of separate acts of the Russian Federation» are imposed.

The analysis of the documents establishing and characterising a legal status of the chief of territorial body, allows to draw a conclusion on difficult multilevel system of the legislative and other legal acts regulating public relations in sphere of internal affairs, an order of the organisation and management in system of the Ministry of Internal Affairs of Russia. Definition, classification of elements of the status of the chief of law-enforcement body, the basic directions of its perfection, forms and realisation methods will allow obosnovanno and purposefully to form the legal status of the head corresponding to modern requirements, shown by the state and a civil society to law enforcement bodies of the Russian Federation.

The considered elements of a legal status of the chief of body are closely interconnected, follow one of another and cannot exist independently: the rights - without duties; duties - without responsibility, restriction - without guarantees etc.

Perfection of the competence of the chief of territorial body demands the complex, system approach. Thus it is necessary to consider all set of the legislative and other standard legal acts regulating legal relations in sphere of internal affairs, economic, political, social, kriminogennye present factors, and also the long-term forecast of development of the state and a society [235].

It is necessary to notice, that proceeding from the thesis of "Motoring map" [236] that reforming of law-enforcement bodies of the Russian Federation and system of the Ministry of Internal Affairs of Russia to spend to one stage it was not possible, and neither certification, nor creation of new legislative base have not resulted in an expected civil society, the further perfection of organizational structure of the Ministry of Internal Affairs of Russia and its territorial bodies, and also a legal status of their heads is required.

Holding the opinion authors of "Motoring map" that the further work within the limits of a new stage of reform will demand all-round discussion and the analysis with connection of experts, experts, public and scientific experts, we believe, that the separate contribution to perfection of system of law-enforcement bodies can be introduced definition dictated by requirements of the present of a legal status (status) of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level.

Stability of the competence of heads of public authorities - the essential factor, allowing to improve their legal culture, legal literacy, to raise efficiency of performance of administrative functions, that positively affects results of office activity both separate body, and all system.

Definition of a legal status of the head of territorial body of the Ministry of Internal Affairs of Russia at regional level during the modern period gets the special importance as organizational-structural formation of system of territorial bodies of the Ministry of Internal Affairs of Russia passes nowadays in much more difficult conditions connected with transition to qualitatively new system of political and economic relations in the country.

Meanwhile, some researchers establish, that as it stands quality and orientirovannost the operating standard legal acts to some extent mentioning the competence of territorial bodies of the Ministry of Internal Affairs of Russia, and also fixing functions of a control system by law-enforcement bodies, do not meet the requirements, shown to the given direction of activity by a modern society and law-enforcement practice [237].

The comparative analysis of orders of the Ministry of Internal Affairs of Russia from June, 5th, 2017 № 355 «About the statement of typical position about territorial body of the Ministry of Internal Affairs of Russia at regional level» and from September, 1st, 2017 № 690 «About the statement of typical position about a department (branch, point) at regional level» has shown polices of territorial body of the Ministry of Internal Affairs of Russia, that according to item 4 powers of a department (branch, point) polices of territorial body of the Ministry of Internal Affairs of Russia at regional level include participation in preventive maintenance of neglect and offences of minors; participation in propagation of legal knowledge while at territorial body of the Ministry of Internal Affairs of Russia at regional level the specified powers are absent. It suggests, that territorial bodies at regional level are not authorised to be engaged in such important and responsible business as preventive maintenance of neglect and offences of minors, to participate in propagation of legal knowledge.

Thereupon the author offers to make addition to the order of the Ministry of Internal Affairs of Russia from June, 5th, 2017 № 355 «About the statement of typical position about territorial body of the Ministry of Internal Affairs of Russia at regional level» - item 4 of section of II "Power" to state in the following edition: «4) develops and takes within the competence of measures under the prevention of crimes and administrative violations, revealing and elimination of the reasons and the conditions promoting their fulfilment; participates in preventive maintenance of neglect and offences of minors; participates in propagation of legal knowledge».

In system of the Ministry of Internal Affairs of Russia formal processes are not developed for encouragement of new ideas and education of new generation innovatorov. We agree with opinion rjadja the authors considering, that these processes, as a rule, are assigned accidents, and worthy ideas often do not notice [238]. And business not in someone's "malicious intent", conscious resistance to innovations, and in absence of harmonous capable system of cultivation innovatorov - progressively conceiving chiefs of territorial bodies at the regional level, doing not wish to be reconciled with self-sufficing «rutini - zatsiej» the various parties of operatively-office activity [239].

Thereupon it is offered to add the order of the Ministry of Internal Affairs of Russia from June, 5th, 2017 № 355 «About the statement of typical position about a department (branch, point) polices of territorial body of the Ministry of Internal Affairs of Russia at regional level», item 10 of section of II "Power" with the text of the following maintenance: «on the basis of scientifically-methodical maintenance, independently to define and apply modern techniques of the organisation of law-enforcement activity». To make changes to the order of the Ministry of Internal Affairs of Russia from September, 1st, 2017 № 690 «About the statement of Typical position about a department (branch, point) polices of territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level» - to add section III «the activity Organization», point «the Chief of a department (branches, point) polices» with the text of the following maintenance: « Will organise scientifically-methodical maintenance of law-enforcement activity of a department (branch, point), applies modern techniques of increase of efficiency of law-enforcement activity ».

To add the order of the Ministry of Internal Affairs of Russia from June, 05th, 2017 № 355 «About the statement of typical position about territorial body of the Ministry of Internal Affairs of Russia at regional level», section of II "Power" with the text of the following maintenance: «with a view of realisation of powers the territorial body has the right: on the basis of scientifically-methodical maintenance independently to define and apply modern techniques of the organisation of law-enforcement activity». To make additions to section of III order of the Ministry of Internal Affairs of Russia from September, 1st, 2017 № 690 «About the statement of typical position about a department (branch, point) polices of territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level» the following maintenance: «the chief of territorial body: will organise scientifically-methodical maintenance of law-enforcement activity of a department (branch, point), applies modern techniques of increase of efficiency of law-enforcement activity».

That the purposes were effectively reached, the understanding of structure of works, divisions and functional units is necessary. The organisation of work and people in many respects influence behaviour of workers. Structural and behavioural interrelations, in turn help to establish the organisation purposes, influence relations and behaviour of workers. The structural approach is applied in the organisations to maintenance of basic elements of activity and interrelations between them. He assumes use of distribution of the competence, a division of labour, scope by the control etc. Necessity for the organisation follows from a division of labour. To organise means to mete the competence and to co-ordinate work so that to receive desirable result. The the division of labour is deeper, the big the organisation and coordination [240] is required.

The chief of territorial body of the Ministry of Internal Affairs of Russia will organise activity of the assistants, and those will organise work of the executors subordinated by it. Hierarchy of organising activity does not exclude possibility under certain circumstances to carry out the organisation of activity of the object which is at lower step of hierarchy. In case of need the Ministry of Internal Affairs of Russia can organise directly activity of concrete territorial body of the Ministry of Internal Affairs of Russia, and the chief of the last can organise work not only the assistants, but also direct executors [241].

For example, the chief of a department (branch, point) polices, heading and to delegate a department which has 37 powers [242] in spite of the fact that it has the right to mete duties between the assistants when due hereunder a part given to it organizatsionnorasporjaditelnyh powers, has one assistant. Even under condition of uniform distribution of powers that is not always possible in practice, on each head it is necessary on 18 and 19 directions of activity of a department (branch, point), that obviously does not keep within limits of controllability the organisation, which norm constitutes 5-7 highly skilled employees (and, accordingly, activity directions) on one head [243].

Thereupon on the basis of results of sociological research, and also proceeding from the maintenance of a legal status of the head of territorial body of the Ministry of Internal Affairs of Russia at regional level, it is expedient to make changes to typical structure of territorial body of the given level, approved by the order of the Ministry of Internal Affairs of Russia from April, 30th, 2011 № 333 «About some organizational questions and structural construction of territorial bodies of the Ministry of Internal Affairs of Russia», having provided posts of deputy chief of body on operative work, on public order protection, on investigation of crimes, simultaneously having abolished posts of the deputy chief of body - the chief officer of police and its assistants on operative work and on public order protection. In turn in structure of a territorial department (branch) of police it is expedient to provide posts of deputy chief of a department (branch) of police on operative work and on public order protection. Such changes will allow to eliminate duplication of functions, parallelism and razmytosti polnomo - chy between the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level and its assistants.

Differently, it is offered to abolish posts of the deputy chief - the chief officer of police and the deputy chief (on the general questions) and simultaneously to enter posts of deputy chief of body in directions of law-enforcement activity: on operative work and on protection of a public order with preservation of a post of the deputy chief of body on a consequence. Rational distribution kompetentsy heads will allow to clear up their powers.

Last years the Ministry of Internal Affairs of Russia it is system improves organizational maintenance of law-enforcement activity of law-enforcement bodies. Steps on optimisation of organizational-regular structure, change of structure of management personnel are undertaken. However it still does not allow to reach that quality of maintenance of law-enforcement activity when it is possible to establish end of a uniform cycle of gathering, accumulation, consumption and actualisation of data at all levels, including the end user. Besides, up to the end organizational-regular questions on administration of a firmware taking into account features of office activity are not solved, regulations on the organisation of generalisation and the complex analysis of the saved up information are not developed uniform for all divisions of law-enforcement bodies. The list, kinds and information volume, obligatory for accumulation and subsequent use are not defined at development of administrative decisions [244].

On the basis of stated it is possible to come to following conclusions:

1. It is offered to add the order of the Ministry of Internal Affairs of Russia from June, 5th, 2017 № 355 «About the statement of Typical position about territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level» and the order of the Ministry of Internal Affairs of Russia from September, 1st, 2017 № 690 «About the statement of Typical position about a department (branch, point) polices of territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level» with points of the following maintenance: 1) on a basis nauchnometodicheskogo maintenance, independently to define and apply modern techniques of the organisation of law-enforcement activity; 2) the chief of a department (branch, point) polices point: will organise nauchnometodicheskoe maintenance of law-enforcement activity of a department (branch, point), applies modern techniques of increase of efficiency of law-enforcement activity.

2. With a view of elimination of duplication of functions, parallelism and razmytosti powers between the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level and its assistants it is offered to abolish posts of the deputy chief - the chief officer of police and the deputy chief (on the general questions) and simultaneously to enter posts of deputy chief of body in directions of law-enforcement activity: on operative work and on protection of a public order with preservation of a post of the deputy chief of body on a consequence. Rational distribution kompetentsy heads will allow to clear up their powers.

3. To make changes to typical structure of territorial body at the regional level, approved by the order of the Ministry of Internal Affairs of Russia from April, 30th, 2011 № 333 «About some organizational questions and structural construction of territorial bodies of the Ministry of Internal Affairs of Russia», having provided posts of deputy chief of body on operative work, on public order protection, on investigation of crimes, simultaneously having abolished posts of the deputy chief of body - the chief officer of police and its assistants on operative work and on public order protection. In turn in structure of a territorial department (branch) of police it is expedient to provide posts of deputy chief of a department (branch) of police on operative work and on public order protection.

4. Point 3 of item 16 of Typical position on territorial body of the Ministry of Internal Affairs of Russia at the regional level, the Ministry of Internal Affairs of Russia approved by the order from June, 5th, 2017 № 355 to state in the following edition: «metes duties between the assistants; delegates when due hereunder a part of the powers given to it to the assistants, heads (chiefs) of structural divisions of territorial body».

5. After carrying out of corresponding organizational-regular actions to bring in Typical position about territorial body of the Ministry of Internal Affairs of Russia at the regional level, approved by the order of the Ministry of Internal Affairs of Russia from June, 5th, 2017 № 355 «About the statement of Typical position about territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level», changes about distribution of powers to a functional sign between the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level and its assistants on operative work and public order protection.

2.3.

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A source: BOLDYREV Uljumdzhi Konstantinovich. the CHIEF of TERRITORIAL BODY of the Ministry of Internal Affairs of Russia AT REGIONAL LEVEL AS the ORGANIZER of LAW-ENFORCEMENT ACTIVITY: LEGAL And ORGANIZATIONAL ASPECTS. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2018

More on topic directions of optimisation of the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level as subject of the organisation of law-enforcement activity:

  1. the organisation of law-enforcement activity as the leading competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level
  2. Chapter 2. PERFECTION of the ORGANIZATION of LAW-ENFORCEMENT ACTIVITY of the CHIEF of TERRITORIAL BODY of the Ministry of Internal Affairs of Russia AT REGIONAL LEVEL
  3. a role of the head of territorial body of the Ministry of Internal Affairs of Russia at regional level in the organisation of scientifically-methodical maintenance of law-enforcement activity
  4. Concept and essence of the organisation of law-enforcement activity of territorial bodies of the Ministry of Internal Affairs of Russia at regional level
  5. Ways of perfection of legal bases of the organisation of law-enforcement activity to territorial bodies of the Ministry of Internal Affairs of Russia at regional level
  6. BOLDYREV Uljumdzhi Konstantinovich. the CHIEF of TERRITORIAL BODY of the Ministry of Internal Affairs of Russia AT REGIONAL LEVEL AS the ORGANIZER of LAW-ENFORCEMENT ACTIVITY: LEGAL And ORGANIZATIONAL ASPECTS. The dissertation on competition of a scientific degree of the master of laws. Moscow -, 2018 2018
  7. perfection of legal bases and organizational conditions of scientifically-methodical maintenance of the organisation of law-enforcement activity in territorial bodies of the Ministry of Internal Affairs of Russia at regional level
  8. Chapter 1. THEORETICAL And LEGAL BASES of the ORGANIZATION of LAW-ENFORCEMENT ACTIVITY In TERRITORIAL BODIES of the Ministry of Internal Affairs of Russia AT REGIONAL LEVEL
  9. Chapter 2. FORMATION of the ORGANIZATION-LEGAL MECHANISM of INTER-REGIONAL COORDINATION of LAW-ENFORCEMENT ACTIVITY of TERRITORIAL BODIES of the Ministry of Internal Affairs of Russia
  10. IVASHCHUK Alexander Vladimirovna. INTER-REGIONAL COORDINATION of LAW-ENFORCEMENT ACTIVITY of TERRITORIAL BODIES of the Ministry of Internal Affairs of Russia (LEGAL And ORGANIZATIONAL ASPECTS). The dissertation on competition of a scientific degree of the master of laws. Moscow -, 2018 2018
  11. councils of heads of territorial bodies of the Ministry of Internal Affairs of Russia in federal districts as subjects of inter-regional coordination
  12. Functioning of a personnel reserve in law-enforcement bodies as one of directions of realisation of personnel selection of the Ministry of Internal Affairs of Russia