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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

In the scientific literature under the competence (from an armour. competentia - the accessory by right) is meant a circle of powers of any body or the official [75] more often. According to N.

G.Aleksandrova, «under the competence of any body it is necessary to understand a circle has put, carried to its conducting, and also a circle of powers to make a certain kind imperious actions» [76]. V.I.Remnev, in turn, considered, that «the competence is a legal tool of realisation of functions of the state body, the enterprise, establishment, the organisation; from the competence follows, with what help of legal means can reach the object in view» [77]. Speaking about the competence. M.Lazarev noticed, that it cannot be identified with any "questions" and "affairs": the competence includes the right to solve or participate in the decision of these questions, including concrete affairs. That is it is a question of actual competence of those or other questions and on the official competence of bodies and officials [78]. We Will dare to disagree with definition. M.Lazareva as concepts "competence" and "competence" bear various semantic loading, it is necessary to discriminate them.

Competence - (an armour. сотреіеш) - approaching, corresponding, ought, capable, knowing) - presence of knowledge and the experience, necessary for effective activity in the set subject domain [79].

The known statesman of Russian empire count S.J.Vitte specified in competence as on «riches of the person and social utility of its activity». Competence, he approved, assumes and provides a superiority condition, influence and the real power in interpersonal relations [80]. Professionally competent head acts as function as a matter of fact, instead of under the form, he thinks and operates taking into account a situation, moves to the planned purpose. Considerably, that it is a question of achievement of socially significant purposes, that, undoubtedly, should constitute sense of organising activity of heads of bodies pravoohrany.

However the head of territorial body of the Ministry of Internal Affairs of Russia as the organizer of law-enforcement activity should possess also "competence" - awareness, authoritativeness in that field of knowledge which allows to counteract successfully to criminality, to provide protection of a public order and the public safety; ability on the basis of a professional knowledge to realisation of the given uneasy kind of activity. Differently, incompetence of heads of law-enforcement bodies in many respects predetermines existing lacks of crime control [81].

From this it is possible to conclude, that the term "competence" should be treated in two senses, first, as the circle of powers of body defined by the right or the official; secondly, as the tool of realisation of functions which defines with what help of legal means can be reached the object in view.

Not out of place will notice, that on December, 17th, 1979 the General Assembly of the United Nations Organization had been accepted the reference certificate - the Code of behaviour of officials on law and order maintenance. According to ch. 4 items 15 of the Constitution of the Russian Federation according to which the conventional principles and norms of international law, and also international treaties of the Russian Federation are a component of its legal system (and Russia ratified this document), the given international legal act concern their number [82].

The mentioned Code obliges policemen of all member countries of the United Nations Organization to recognise that they carry out assigned on them the duty law, serving a community (to the population living in territory of service), instead of abstract symbols. The police provides «quality of a life» people, protects all and everyone from illegal certificates with high degree of responsibility which demands exclusive professional competence of the official of questions of maintenance of the law and order [83].

It is possible to agree with authors who approve, that practice of the organisation of law-enforcement activity in territorial bodies of the Ministry of Internal Affairs of Russia at regional level testifies that is far not all heads are capable to operate effectively in new socially - economic and criminal conditions, to carry out in full the functions, to use the power and resources for achievement of the true purposes of law-enforcement activity by the most rational by [84]. The reason of similar lacks - the conservatism immanently inherent in system of law-enforcement bodies, prevalence of the formalized approaches to the analysis and an estimation of operative conditions when the basic emphasis becomes on the approved criteria and indicators of results of law-enforcement activity. It negatively influences validity and objectivity of generalising conclusions, that quite often leads to acceptance of sample or hasty decisions, does not allow to estimate correctly results of work of territorial bodies of the Ministry of Internal Affairs of Russia at regional level, the administrative contribution to a common cause of their heads.

The departmental control, estimation of activity of concrete heads carry out only function of fixing of lacks [85]. Besides, estimated criteria in the majority have private character as cover a concrete element of the organisation of law-enforcement activity, and do not allow objectively, in a complex to define level of general efficiency of activity of the Ministry of Internal Affairs of Russia [86]. For this reason before the head of territorial body of the Ministry of Internal Affairs of Russia it is necessary, first of all, most to understand a problem how to build own activity and as it to estimate.

Forming of optimum model of the competence of the head is one of key factors of construction of effectively functioning system of the organisation of any subject activity. Correct definition and distribution of powers of officials allows to realise successfully concrete functions, the disproportion of the rights and the duties, attracting non-uniform distribution of the loading, narrowing possibility to define a circle of powers and responsibility otherwise is inevitable. Incorrect definition of the competence can serve as the reason of washing out of personal responsibility, and also the conflict of interests between the chief of territorial body of the Ministry of Internal Affairs of Russia and its assistant - the chief officer of police. The one-man management principle that can entail controllability deterioration by the subordinated divisions [87] is as a result broken.

As the deputy minister of internal affairs of the Russian Federation the colonel general of police has noted And. V.Gostev, negative consequences insufficient or superfluous kompetentsy, their inadequate distribution are expressed in the unsatisfactory organisation and the control of work of subordinates, low performing discipline. Moreover, separate heads actually withdraw from appropriate management of the subordinated divisions, and in some cases the formalism and shablonnost at all levels and stages of an administrative cycle [88] is marked.

The analysis of instructions of the Ministry of Internal Affairs of Russia and motoring map of the further reforming of law-enforcement bodies allows to draw a conclusion that possibilities of extensive development of law-enforcement bodies are almost settled also increase of productivity of crime control can be provided only at the expense of internal reserves [89].

As such reserve perfection of the organisation of law-enforcement activity in territorial bodies of the Ministry of Internal Affairs of Russia, including by optimisation of the competence of the chief of body acts. Scales and the social importance of activity of territorial bodies of the Ministry of Internal Affairs of Russia of regional level do not leave doubts in expediency of search and designing of principles of their organisation and functioning from the scientific and practical points of view [90].

If heads of the Ministry of Internal Affairs of the Russian Federation - federal (strategic) level of system of law-enforcement bodies - define a policy of all police service [91] heads of territorial bodies of the Ministry of Internal Affairs of Russia at regional level perceive this policy as the guide to action. They solve tactical problems, directing and supervising daily work of employees of bodies and divisions of the given level [92]. The head of territorial body of the Ministry of Internal Affairs of Russia on regional (performing, operative) level is obliged to organise performance of all spectrum assigned to the Ministry of Internal Affairs of Russia of problems, frequently not having thus necessary resource possibilities, and the main thing - legislatively fixed, these problems (functions) of the competence designated in standard legal acts only in general adequate to volume cher - tah [93].

Nevertheless all of them are heads of law-enforcement bodies of the Russian Federation entering into centralised functional system of the interconnected structural elements having as general, and private problems, but aspiring to achievement of the uniform purpose.

To reach objects in view and to solve standing problems, the head, having studied the problems arising in work, should predict the further succession of events and plan the program and an operations procedure of subordinates [94]. Then it is necessary to organise division activity, i.e. To create organizational conditions for effective performance of tasks in view, to find out in the course of the control lacks of work and to introduce in it necessary corrective amendments, using the knowledge and experience of administrative activity [95].

According to professor V.V. Gordienko, in the near future traditional models of a management of police will not work any more as work in police even more often passes from blind obedience to orders of the higher hierarchical instance to increase of responsibility, initiative and to the independent rights of all subordinated employees [96].

All it makes new demands to tomorrow's heads of police who should: to know methods of constant working out of strategy;

To have «perspective vision» concerning the decision of problems as a whole;

To be capable to supervise over the organisations, commands, and sometimes even the operative connections created in connection with special circumstances, and very decentralised; to be able to reach efficiency in interpersonal relations; to possess advanced feeling of corporationism and responsibility; to be susceptible to requirements of various religious, female and other organisations and natsmenshinstv [97].

In addition to these requirements of the legislator in Typical position about territorial body of the Ministry of Internal Affairs of Russia at regional level others are fixed also the competence of the head of territorial body which «publishes within the competence legal acts concerning the organisation of the activity, subordinated bodies and organisations, provides the control over their execution; cancels when due hereunder contradicting the legislation of the Russian Federation, standard legal acts of the Ministry of Internal Affairs of Russia orders and other legal acts published by heads (chiefs) of subordinated bodies and the organisations» [98]. Thereby the competence of the head as key element of a control system in sphere of internal affairs is once again specified.

It is necessary to consider, that formation kompetentsy the head in sphere of the organisation of law-enforcement activity should be carried out on the basis of the coordination of three aspects: the rights, duties and responsibility. Differently, the volume and the content of rights should be adjusted with duties and responsibility so that the circle of duties was not wider, than the rights, and already, than responsibility.

Legal collisions and blanks concerning the rights and duties of heads of territorial bodies of the Ministry of Internal Affairs of Russia at regional level - the basic link of system of the law-enforcement bodies, carrying out the basic volume of law-enforcement functions [99], do not promote perfection of the organisation of law-enforcement activity. Leaning against this judgement, it is obvious, that it is necessary to approach to questions of the organisation of law-enforcement activity scrupulously, carefulness understanding in each separate direction.

The comparative legal analysis of Typical positions about territorial body of the Ministry of Internal Affairs of the Russian Federation on the subject of the Russian Federation and about territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level has caused in us some question concerning the terms used in the name of sections of mentioned standard legal acts, first of all, when speech in them is led about powers and the rights of subjects of the organisation of law-enforcement activity [100].

Let's notice, powers is defined by the law or the subordinate legislation certificate volume of the rights given to any person; set of the official rights and duties is meant powers independently to make of the decision, to give orders and to carry out those or other actions in interests of the organisation. They allocate division or a separate post in connection with performance of the functions assigned to them [101].

That is, as a matter of fact is an order the delegated rights and duties. In our case, regarding realisation of law-enforcement activity the state delegates some rights and duties to law-enforcement bodies with a view of performance of problems of the facing Ministries of Internal Affairs of Russia.

But the rights is a possibility protected by the law to make certain actions. Duties are actions as a result of which default there comes a certain responsibility. Thus, it is possible to assume, that absence in Typical positions of the concrete sections devoted to duties and responsibility, complicates that javlja etsja a duty and that is not present, and for what there comes responsibility, and for what

No.

According to the decree of the President of the Russian Federation from March, 1st, 2011 № 248 «Questions of the Ministry of Internal Affairs of the Russian Federation» territorial bodies of the Ministry of Internal Affairs of Russia at regional level are: Managements, departments, branches of the Ministry of Internal Affairs of the Russian Federation on areas, cities and other municipal unions, including on several municipal unions, managements, departments, branches of the Ministry of Internal Affairs of the Russian Federation on parts of territories of administrative centres of subjects of the Russian Federation, management, departments, branches of the Ministry of Internal Affairs of the Russian Federation by the closed administrative-territorial formations, on especially important and regime objects, linear departments, branches of the Ministry of Internal Affairs of the Russian Federation on railway, water and air transport, the Department of Internal Affairs on the Moscow underground of Central administrative board of the Ministry of Internal Affairs of the Russian Federation on the city of Moscow, Management of the Ministry of Internal Affairs of the Russian Federation on a complex "Baikonur" [102]. Even simple transfer of all these structures testifies to their large number, versatile activity and enormous volume of problems carried out by them.

Territorial bodies of the Ministry of Internal Affairs of Russia at regional level are a part of law-enforcement bodies of the Russian Federation. They enter in so-called "territorial" podotrasl (unlike "transport" podotrasli, the presented linear law-enforcement bodies on transport) and submit to corresponding Ministries of Internal Affairs on republics, central administrative boards, managements of the Ministry of Internal Affairs of Russia on other subjects of the Russian Federation [103].

The territorial body of the Ministry of Internal Affairs of Russia at regional level carries out the activity in territory of a city, area, other municipal union (several municipal unions). The basic discriminating feature of intermunicipal departments is the service territory which structure includes two and more administrativnoterritorialnyh the formations, having the controls. The specified structural changes have mentioned also management structure territorial bodies of the Ministry of Internal Affairs of Russia at the regional level, carrying out the problems assigned to them on maintenance within the powers of protection of an order and safety maintenance. At the same time, if in territory of area, cities (city district), service of an intermunicipal department of the Ministry of Internal Affairs of Russia entering into a zone, is a department (branch, point) polices [104], territorial limits of realisation assigned to territorial division and its employees of problems become attached to borders of territory of service of the given department (branch, point) polices.

Here it is necessary to notice, that studying of practical activities of intermunicipal bodies of the Ministry of Internal Affairs of Russia testifies to absence of the uniform approach to legal maintenance of the organisation of law-enforcement activity. In particular, in a number of Positions about departments (branches, points) polices of intermunicipal body of the Ministry of Internal Affairs of Russia at regional level are not mentioned the questions connected with the organisation of law-enforcement activity of head intermunicipal body. So, there are complexities with operating influence on the investigatory divisions entering into its structure at times located on considerable removal from served zones, being in others, next administrativnoterritorialnyh formations [105].

But in any case the organisation of law-enforcement activity in territorial body of the Ministry of Internal Affairs of Russia at regional level - a prerogative of the person, its heading. 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 for which the special rank of the higher commanding structure is provided, or at clearing of this post [106].

The chief of territorial body of the Ministry of Internal Affairs of Russia presides at territorial body on the basis of one-man management and bears personal responsibility for performance of the problems assigned to territorial body. With a view of appropriate performance of problems the chief of territorial body has three assistants.

The specified officials carry out intraorganizational and vneshneorganizatsionnye the actions expressed in joint meetings, activity of working groups etc. Material operations carry, as a rule, auxiliary, technical character and are turned mainly to material objects: to documents, the means, the special technics, etc.

It is possible to carry maintenance with the chief of body of steady functioning of territorial body of the Ministry of Internal Affairs of Russia to intraorganizational functions at regional level, an alignment of forces and means, at carrying out of various law-enforcement actions. Except the chief or - gana these functions carry out staffs, operations sections (branches, groups) and parts of territorial bodies of the Ministry of Internal Affairs of Russia on duty [107].

External organizational activity of the chief of territorial body includes protection of the rights and personal freedoms by creation of conditions for their safe realisation (public order protection in places of a mass congestion of the population, public safety maintenance, clearing of hostages); maintenance of realisation in the form of rendering of the state services of some the constitutional and branch rights of citizens which are possible only under condition of their acknowledgement gosudarstvennovlastnym the certificate (the right to choice of domicile, the right of a personal property to a vehicle); rendering assistance to citizens at inconvenient, or force majeure (accumulation and delivery of data on the persons, appeared a victim of accident, search of missing persons) [108]. The Environment acts here as the defining factor.

The environment of functioning of law-enforcement bodies objectively defines character and an orientation of their activity. Thus important value has trustworthy information presence about the internal environment - law-enforcement body in whole, its organisations, results of work of the divisions, separate employees. Thus the internal environment is considered as a mobile, dynamic part of the organisation which for maintenance of effective functioning of the organisation should react to environment factors sensitively.

Internal производна environment. Organizational-structural reorganisations, changes of functions, directions of work of the chief on the organisations of activity of territorial body of affairs, a choice of forms and methods are predetermined first of all by the real social phenomena in which the objective laws are inherent. But also the internal environment (resource maintenance, active work on disclosing and investigation of crimes, observance of discipline and legality in operatively-office activity and other factors directly characterising system of body), in turn makes in a certain measure impact on external conditions, promoting law and order strengthening on served territo - rii [109].

In S.A.Potapovoj's proved opinion, the successful decision of problems of crime control and public order protection depends on accurate and harmonious work of the controls which activity is directed on the organisation of their execution by divisions and the employees who are representing itself as executors [110].

At the same time influence administrative and organizational - the legal factors regulating professional work of employees of police, is mediated appreciably by the person of the concrete head, its perception and the understanding of requirements accepted by administrative decisions for their embodiment, and also authority and personal examples on observance of requirements to office activity of the employee of police [111].

Activity of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level cannot be considered in a separation from that body which it heads, and furthermore in a separation from the subordinate to it of staff, mutual relations of the chief and subordinates here are important. As J.E.Volkov has truly noted, the processes expressing «dynamics of mutual relations between workers, their is social-psychological state of health, satisfaction the labour environment and other purely human characteristics of a sociolabor situation owing to insufficient attention to these phenomena start to develop on descending, to degrade. It will inevitably have an adverse effect and on actually industrial and economic results of activity of the organisation and will have negative social consequences» [112].

In systems with high socially significant requirements as has truly noticed G.F.Romashkin, there should be certain types of structures, «providing their survival and (or) development» [113].

Such "structures" in territorial bodies of the Ministry of Internal Affairs of Russia is the chief of body and the management personnel subordinated to it. In F.F.Anjurova's fair opinion, the important component organizatsionnopravovogo the mechanism of functioning of law-enforcement body is the structure which represents the construction of elements based on their hierarchy and interdependence, and operating system without which this structure is static [114].

For this reason construction of the formal organizational links which are carrying out the organisation of law-enforcement activity, is characterised by a relative positioning of those or other components in their structure and presence between them sets of impersonal communications which are purposefully entered by means of corresponding norms [115].

Coming back to problems of the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia, it is necessary to notice, that now there is no accurate legal differentiation kompetentsy between the chief of territorial body of the Ministry of Internal Affairs of Russia and its assistant - the chief officer of police. The given circumstance causes uncertainty of distribution of duties. Moreover, absence of particularly certain objects of responsibility between the specified officials does not bring clearness in understanding of limits of their powers, the rights and duties.

The competence of the chief (head) of territorial body of the Ministry of Internal Affairs of Russia, is regulated by a number of standard legal acts, for example, Typical position about territorial body of the Ministry of Internal Affairs of the Russian Federation at regional level [116] (further - Typical position). However, existence of similar Typical position is a general rule. The basic functions of the head of any organisation, irrespective of its mission and a functional orientation, as a rule, find reflexion in typical positions (positions) about the organisation (establishment, body), or in duty regulations. Functions of the head are not that other, as a binding element between the purposes and system problems, institutsionnogo and the personified subject of management, its competence, first of all, the rights and duties of imperious character. Law article 2 «About police» «the Basic directions of activity of police» is, as a matter of fact, the functions necessary and at the same time sufficient for realisation of its social value [117]. From themselves we will add, that it is possible to carry to police functions safely and its duties (gl. 3 specified laws).

Organising, administrative activity of the head of territorial body of the Ministry of Internal Affairs of Russia at regional level, its will, the competence always inseparably linked with the right, on its basis are established and carried out. The legal nature, obviously, all actions of the head of territorial body of the Ministry of Internal Affairs of Russia which are representing itself as the organizer of law-enforcement activity should have. 78,4 % of respondents, in particular, have paid attention to it from among persons of the administrative board of the law-enforcement bodies interrogated by the author during sociological research concerning the competence of heads of territorial bodies of the Ministry of Internal Affairs of Russia at regional level.

Legal bases of activity of the head are expressed in the following: first, the right participates in formation of the material maintenance of will of the head; secondly, the right puts external frameworks for will of the head; thirdly, it is necessary to be guided by rules of law not only at formation of the will forming the basic maintenance of the certificate of the head, but also at a choice of concrete methods of a management.

The Organization-legal status of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level consists of several elements. The chief of body can simultaneously act in a role: 1) the head police activity; 2) the head of an operative staff (for example, at suppression of mass rioting, in other special conditions); 3) the head of special operation; 4) the chairman of operative meeting.

The analysis of the above-stated elements of the organisation-legal status of the chief (head) of territorial body allows to notice, that the head acts not as the individual subject of law, and as the main official representing territorial body.

It is important to note desirability of a role of the chief also as the informal leader in relations with subordinates. So, And. V.Vasev considers, that «...vzaimootnoshenija between the head and collective... Develop in connection with set of various factors. Conformity of the social role which are carried out by the head, and its status concerns most important of them in collective» [118]. Hence, the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia is an integral part of its organisation-legal status and carries out a main role in the organisation of law-enforcement activity of territorial body.

The federal act «About police» defines, that «the management of police activity is carried out within the competence the head of federal enforcement authority in sphere of internal affairs, by heads of territorial bodies of federal enforcement authority in sphere of internal affairs and heads of divisions of police» [119]. Considerably, that it is a question of several officials between whom it is necessary to mete truly the competence.

Meanwhile the departmental order by which the Typical structure of territorial bodies of the Ministry of Internal Affairs of Russia practically all levels [120] has been approved, at all has not solved a problem of distribution of powers between the head of the territorial Ministry of Internal Affairs of Russia and its two assistants (the chief officer of police and the assistant on other questions). It concerns, for example, questions of the organisation of an operational administration with forces and the means of territorial body involved in protection of a public order. Simple, "mechanical" distribution of powers at current organizational-regular structure has not led to expected results [121]. In our opinion, the question "rests" against organizational-regular structure of territorial body which does not allow to mete correctly the competence between officials proceeding from their functional mission.

Thereupon it is represented expedient to review operating structure of management and to offer such which would create the big possibilities for the effective organisation of law-enforcement activity. One of variants - return to former, approved, proved the efficiency throughout decades to management structure (the chief and three assistants who are responsible for the major directions of activity of body) [122].

Frequently the chief of territorial body of the Ministry of Internal Affairs of Russia owing to an objective variety of concrete, specialised sites of work of subordinates faces disinterest of separate employees in high level of competence of the chief in the questions concerning their lines of law-enforcement activity, and also necessity of the account of some external factors, is laid down in the constrained conditions concerning possibilities of acceptance original, not sample decisions. As marks N. V.Lukashov, projects of decisions, as a rule, are represented to the chief of territorial body by heads subordinate, is frequent "uzkoprofilnyh" divisions, without interests of all body [123].

G ovorja about the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia, consider expedient to mention a problem of delegation of powers the chief of territorial body of the Ministry of Internal Affairs of Russia. We will notice, that item 19 of Typical position about territorial body of the Ministry of the internal

Affairs of the Russian Federation on the subject of the Russian Federation defines, that the head of territorial body 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, and also heads (chiefs) of the subordinated bodies and the organisations.

It would seem, all is clear, as problems of delegation of powers were often enough shined in the scientific literature. Them mentioned in the works K.S.Belsky. M.Lazarev, A.F.Majdykov and dr [124].

Moreover, we will agree with opinion With. V.Eremina what to delegate powers it is possible not only to the subordinated heads, but also ordinary executors [125]. The circle of the workers participating in organizational activity Thereby extends, the maintenance of their work is enriched, there is a unique possibility of studying of their ability to performance of various labour operations.

However delegation is realised only in case of a delegation of power. As to responsibility it cannot be delegated. The chief of territorial body whom it is made responsible for the decision of any problem, is not obliged to carry out it personally, it remains responsible for the question decision. It is represented what to delegate the decision of problems, performance of functions is necessary, and for this purpose it is necessary to allocate a floor - nomochijami [126].

Powers of the chief of territorial body of the Ministry of Internal Affairs of Russia should be accurately defined the duty regulations and Position about rubbed - ritorialnom body. The chief of territorial body of the Ministry of Internal Affairs of Russia presides at body on the basis of one-man management and bears personal responsibility for performance of the problems assigned to territorial body. However now only at a deputy head of the chief (head) of territorial body - the chief of investigatory division of power are is standard defined UPK the Russian Federation. Concerning other deputy chief (head) of territorial body of the Ministry of Internal Affairs of Russia of power remain not meted.

As it has been noted earlier, the competence of the chief of territorial body are fixed in the Typical position approved by the order of the Ministry of Internal Affairs of Russia from June, 5th, 2017 № 355. It is conditionally possible to allocate four groups kompetentsy, namely in the decision: 1) the general questions; 2) intraorganizational questions; 3) external organizational questions; 4) materialnotehnicheskih and financial questions.

Realising the of the competence of the decision of the general questions, the head of territorial body of the Ministry of Internal Affairs of Russia at regional level:

1) will organise activity of territorial body; reports on the head (chief) of corresponding territorial body of the Ministry of Internal Affairs of Russia at regional level on results of realisation by territorial body of the powers;

2) develops and realises on the basis of the analysis of operative conditions of a measure on increase of efficiency of application of forces and means of territorial body;

3) provides legality observance at realisation by employees and civil servants of territorial body operatively - office activity, maintenance of office discipline; will organise and carries out the control over legality of decisions and actions of officials of territorial body; takes part in maintenance of own safety and will organise monitoring of its condition;

4) provides in a part, concerning law-enforcement bodies, realisation of the actions provided by government programs of the Russian Federation, government programs of the corresponding subject of the Russian Federation and municipal programs;

5) realises according to the legislation of the Russian Federation and in the limits given by standard legal acts of the Ministry of Internal Affairs of Russia, power of the representative of the employer on behalf of the Russian Federation concerning civil servants of territorial body;

6) will organise when due hereunder protection of the data constituting state and other secret protected by the law;

7) 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 territorial body of the Ministry of Internal Affairs of Russia at regional level.

Solving intraorganizational questions, the head of territorial body of the Ministry of Internal Affairs of Russia at regional level:

1) metes duties between the assistants; delegates when due hereunder a part given to it organizational - administrative powers to the assistants, and also chiefs of structural divisions of territorial body concerning the organisation of activity of these divisions;

2) approves positions about structural divisions of territorial body;

3) creates in need of limits of the approved specifications of regular number and categories of posts time formations for realisation of problems and realisation of the powers assigned to territorial body;

4) will organise legal maintenance of operatively-office activity of territorial body;

5) publishes within the competence legal acts concerning the organisation of activity of territorial body, are provided with the control over their execution;

6) solves the questions connected with selection, arrangement, education of employees, civil servants and workers of territorial body, maintenance of their direction for passage of vocational training and additional vocational training, and also with the organisation and realisation of moral and psychological maintenance of operatively-office activity of territorial body;

7) carries out according to the legislation of the Russian Federation, standard legal acts of the Ministry of Internal Affairs of Russia reception on service (work) in law-enforcement bodies, appointment to the post and clearing of a post, moving on service (work), dismissal of employees and workers of territorial body; applies when due hereunder concerning their measure of encouragement and summary punishments;

8) appropriates to employees within the competence special ranks, and also when due hereunder appropriates (confirms) with it qualifying ranks;

9) gives when due hereunder holidays to employees, civil servants and workers of territorial body; resolves within the competence departure in official journeys to employees and workers of territorial body.

At the decision of external organizational questions the head of territorial body of the Ministry of Internal Affairs of Russia at regional level:

1) co-operates 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, with heads of others state, and also municipal bodies, public associations and the organisations;

2) participates 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;

3) brings in corresponding territorial body of the Ministry of Internal Affairs of Russia at regional level of the offer on change of the list of staff of territorial body within the established fund of a payment and a limit of number on the basis of the scheme of placing taking into account typical structures and specifications of regular number, lists of posts, limiting special ranks and official rates of pay of employees, civil servants and workers of territorial body;

4) brings in corresponding territorial body of the Ministry of Internal Affairs of Russia at regional level of the offer on an establishment of additional number of employees and civil servants of territorial body, about the size of budgetary appropriations of the federal budget on their maintenance;

5) carries out according to the legislation of the Russian Federation informing of the state bodies, local governments, public associations and the organisations, citizens on activity of territorial body; reports according to the legislation of the Russian Federation to a municipal union representative body (several municipal unions), about activity of territorial body; provides carrying out when due hereunder reports of district militia officers of police before citizens;

6) carries out when due hereunder granting of data on activity of territorial body to mass media;

7) provides when due hereunder representation of data to Russia conducted in the Ministry of Internal Affairs information systems, including databanks operatively-help, razysknoj, criminalistic, statistiche - skoj, legal and other information, and also within the competence their conducting and using these data employees and civil servants of territorial body at realisation with them operatively - office activity;

8) represents in vessels of territorial body, and by proxy - interests of corresponding territorial body of the Ministry of Internal Affairs of Russia at regional level and the Ministry of Internal Affairs of Russia;

9) brings in corresponding territorial body of the Ministry of Internal Affairs of Russia at regional level of the offer on appointment to the post and clearing of a post of the assistants, and also other heads (chiefs) which posts are included into the nomenclature of territorial body of the Ministry of Internal Affairs of Russia at regional level;

10) provides representation of the state statistical reporting about activity of territorial body;

11) encourages within the competence of the citizens assisting law-enforcement bodies in protection of a public order and the help in disclosing of crimes or an establishment of persons, their made;

12) will organise and carries out an enrolment of citizens; provides objective, all-round and timely consideration of references; acceptance on them of decisions and a direction to applicants of the answer in established by the legislation of the Russian Federation term.

The competence of the chief of body of the decision social, materialnotehnicheskih and financial questions consist that it:

1) establishes within the budgetary appropriations of the federal budget provided on a monetary contentment, the monetary maintenance and a wages, additional payments to employees, civil servants and workers of territorial body, awards them within budgetary appropriations;

2) realises within the measure competence on maintenance social and a legal protection of employees, civil servants and workers of territorial body; will organise and carries out according to the legislation of the Russian Federation legal aid to employees and civil employees of territorial body in protection of their rights and freedom on the affairs which have arisen in connection with realisation by them of office activity;

3) realises within the competence the measures directed on protection and strengthening of health of employees, civil servants and workers of territorial body;

4) possesses the right of the first signature of financial documents, and also the right of the conclusion of contracts, agreements and contracts according to the legislation of the Russian Federation;

5) metes and redistributes within the competence material means between structural divisions of territorial body;

6) exercises within the competence administration of the property fixed to territorial body on the right of an operational administration; provides an effective utilisation of transport, operating-technical means, other material assets, and also budgetary appropriations of the federal budget;

7) provides control of correctness of calculation, completeness and timeliness of payment of payments in budgets of budgetary system of the Russian Federation, charge, the account and collecting penej and penalties on not paid payments, decision-making on return (offset) of unduly paid (collected) payments.

The analysis of the maintenance of the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level, allows to draw a conclusion, that now the chief does not have corresponding powers necessary for the effective organisation of law-enforcement activity: 1) on material stimulation of law-enforcement activity of staff; 2) independently to correct organizational-regular structure of body according to features of the environment of functioning; 3) on the basis of scientifically-methodical workings out independently to define the most effective and modern ways of the organisation of law-enforcement activity; 4) on the organisation of use and introduction in activity of territorial bodies of modern information systems, communication systems and data transmission, and also modern informatsionnotelekommunikatsionnoj infrastructures.

Moreover, Typical position about territorial body of the Ministry of Internal Affairs of Russia at regional level does not contain such powers of the chief of territorial body, as the organisation: revealings and disclosings of crimes, conducts of investigation on criminal cases; search of persons; manufactures on affairs about administrative violations and executions of administrative punishments; maintenance of safety of traffic; the state protection of victims, witnesses and other participants of the criminal trial, judges, public prosecutors, inspectors, officials of law-enforcement and supervising bodies, and also other protected persons. It remains as though «behind a shot», and after all it is the major directions of the law-enforcement activity which is carried out by territorial body of the Ministry of Internal Affairs of Russia at regional level - the main executor of law-enforcement functions.

For increase of efficiency of the organisation of law-enforcement activity in territorial body of the Ministry of Internal Affairs of Russia at regional level it is important to chief of territorial body to possess abilities: to estimate and consider specific features of executors; to create the organizational conditions necessary for successful performance by subordinates of official duties. Efficiency of any organizational structure directly depends on activity of the head, its abilities and ability to order communication between subordinates and management personnel.

Success of the organisation of law-enforcement activity by the chief of territorial body of the Ministry of Internal Affairs of Russia depends not only and not so much on ability to operate people, leaning on authority of a post, and from knowledge of their interests and stimulus of office activity. The chief who does not suppress subordinates is effective, and leads them behind itself force of authority and the competence, ready to organise the actions demanding boldness and ability to find correct decisions [127].

Territorial bodies of the Ministry of Internal Affairs of Russia at regional level, despite local position in a control system, are the most important and significant link of system of the Ministry of Internal Affairs of the Russian Federation, direct executors of the problems facing to law-enforcement bodies. The chief of territorial body of the Ministry of Internal Affairs of Russia at regional level - the basic organizer of law-enforcement activity and the major link of administrative system.

Having considered a circle of the questions connected with the competence of the chief of territorial body of the Ministry of Internal Affairs of Russia, it is possible to draw following conclusions:

First, the competence of the chief of territorial body is an integral part of its organisation-legal status;

Secondly, performance of the delegated powers is realised only in case of investment with corresponding powers of the person to which they are delegated, responsibility cannot be delegated;

Thirdly, the problem consists not in the distribution of powers, and in features of organizational-structural construction of territorial body and directly structure of management depending on it which does not allow to mete properly the competence between officials on their functional purpose;

Fourthly, with a view of harmonisation of powers of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level with the basic directions of activity of the police, separate powers of the chief of body require additions and changes.

Meanwhile, the competence of the chief of body is defined not only Typical position about territorial body of the Ministry of Internal Affairs of Russia at regional level, it is dispersed and in other standard legal acts regulating the competence of officials of law-enforcement bodies, that also demands studying.

Nevertheless, generalising stated in the given paragraph, it is possible to draw following conclusions:

1. The organisation of law-enforcement activity in territorial body of the Ministry of Internal Affairs of Russia at regional level acts as the functional system consolidating efforts of interconnected divisions, having private problems, but aspiring to the uniform purpose - to maintenance of socially approved level of protection of a life, health, the rights and freedom of citizens, counteractions of criminality, protection of a public order, the property and public safety maintenance. Carrying out on a post a complex of the rights and the duties connected with the organisation of law-enforcement activity, the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level realises the competence of the most territorial body, being its authorised representative.

2. The competence of the chief of territorial body of the Ministry of Internal Affairs of Russia at regional level is the legal category representing legal expression of its functions as the key subject of the organisation of law-enforcement activity. Being an integral part of its organisation-legal status, the competence of the head develops of set of terms of reference, powers, the rights and duties according to the problems assigned to law-enforcement bodies. Carrying out a complex of the rights and the duties connected with the organisation and nauchnometodicheskim by maintenance of law-enforcement activity, the chief of body provides realisation of law-enforcement functions of the most territorial body.

3. The chief of territorial body is allocated by necessary powers for the organisation of activity of territorial body of the Ministry of Internal Affairs of Russia, during too time with a view of harmonisation of powers of the chief of territorial body of the Ministry of Internal Affairs of Russia with the basic directions of activity of police its separate powers require additions and changes. For example, introduction of a post of the deputy chief of body - the chief officer of police has entailed infringement of a principle of one-man management and, as consequence, has complicated controllability in territorial body.

4. Considering, that the competence of the deputy chief of body - the chief officer of police of territorial body of the Ministry of Internal Affairs of Russia at regional level, and also the volume and the maintenance of the duties assigned to it standard are not fixed, there are bases to believe, that the competence of the chief officer of police regarding the organisation of law-enforcement activity is practically identical to the competence of the chief of territorial body. Hence, abolition of a post of the deputy chief of body - the chief officer of police with transfer of its powers to directly first person and simultaneous introduction of posts of deputy chief of the body supervising two major directions of police activity is quite admissible: operatively-razysknuju work and protection of a public order with preservation of a post of the deputy chief of territorial body on a consequence.

1.3.

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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 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:

  1. 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
  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. § 3. Preventive activity of the head of territorial body of the Ministry of Internal Affairs on preventive maintenance of offences among employees
  13. THE APPENDIX № 3 EXPLANATORY NOTE TO THE PROJECT OF THE ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA «ABOUT MODIFICATION OF THE STANDARD LEGAL ACT OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA»
  14. § 2. Interaction forms in frontier cooperation of territorial bodies of the Ministry of Internal Affairs of Russia with competent bodies of the foreign states in sphere of operatively-search activity
  15. § 1. System of frontier cooperation of territorial bodies of the Ministry of Internal Affairs of Russia with competent bodies of the foreign states in sphere of operatively-search activity
  16. § 2. Problem questions of legal maintenance and the organisation of activity of divisions under the control over a drug trafficking of the Ministry of Internal Affairs of Russia
  17. § 2. A legal basis of frontier cooperation of territorial bodies of the Ministry of Internal Affairs of Russia with competent bodies of the foreign states in sphereof operatively-search activity
  18. § 3. A modern condition of frontier cooperation of territorial bodies of the Ministry of Internal Affairs of Russia with competent bodies of the foreign states in sphere of operatively-search activity
  19. § 3. The organisation in investigating agencies and inquiries of system of the Ministry of Internal Affairs of Russia interactions with mass media on formation of the positive and objective public Opinions on their activity