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Evolution of legal maintenance of national safety in the Russian state [51]

Questions of legal maintenance of safety in any state on various stages of its formation and development are key, therefore opinion of separate authors that safety issues in the Russian state till XIX century were not regulated in general [52] , it is represented to us not quite proved.

As fairly marks R.S.Mulukaev, considering state safety issues in historical prospect, in the maintenance of this concept there are sizes constants and variables. It is necessary to carry presence of external and internal threats of safety of the state which accompany it in development to constants. Concrete forms of display of threats of safety of the state which are connected with the historical conditions developing during this or that period [53] concern variables. And also with level of legal regulation of maintenance of safety, we will add.

as Acknowledgement to that safety issues, including and its legal regulation, were key in the politician of the Russian state already from the moment of its formation, numerous Old Russian and interstate documents serve. In Old Russian sources [54] and administrative and managerial practice the idea of safety is embodied in a complex of the measures directed on protection against external and internal enemies, and also on maintenance of the general order.

for the purpose of trade realisation the contract of Russia with Byzantium has been devoted 912 years Questions of maintenance of safety of moving of vessels; 945 years have been provided by the contract presence of special documents on which basis the peace purpose of stay in territory of other agreeing state made sure, and also possibility of granting by other party of necessary quantity of armed forces for the purpose of the decision of foreign policy problems [55] is established.

Hence, it is possible to draw a conclusion that already in H a century safety of the state was estimated from the point of view of unity of interstate and international aspects of its maintenance.

the Russian Truth [56] as the first Russian monument of the written right, contained a number of articles about property protection, including princely; community safety issues, both in it, and behind its limits, dared the world, general meeting domohozjaev under the guidance of the head - the elective chief of a community [57] .

Besides, the Russian truth has fixed bases of fire safety, in particular, by an establishment of severe punishment for deliberate arsons: the instigator and his family addressed in slavery, and their property was transferred in treasury [58] .

Named (and a number of others) sources allow to allocate the first stage in formation and safety evolution in the Russian state which was characterised by that:

- attempts to formulate the basic threats of safety were undertaken;

- safety was considered at interstate and international levels;

- initial mechanisms on safety maintenance, including by cooperation in this question with other states were fixed;

- the differentiation of kinds of safety (in particular, it was allocated fire safety) took place.

the conclusion that at the given stage (X - XI centuries) there is an origin of legal regulation of safety is As a result possible and bases for its further development are fixed.

the Second period (from the beginning XII on the beginning of XVI centuries) in history of the Russian state against numerous military conflicts was characterised as the period of formation of the multinational sovereign state, accompanied by numerous internal and external military conflicts.

During the given period the further registration of the legislation in sphere of maintenance of national safety has proceeded. In particular, in the Code of laws of 1497 the death penalty for an arson [59] has been provided.

Here it is necessary to explain, that value of the named juridical act is difficult for overestimating, as throughout centuries in Russian state of a city were under construction of wood that did their extremely fire-dangerous. So, under N.M.Karamzin's certificate, «all Moscow has presented a show of a huge flaring fire under clouds of a dense smoke. Wooden buildings have disappeared, stone have broken up, iron glowed as in a room, copper flew. The storm roar, fire crash, and a cry of people from time till time was, we muffle explosions of the gunpowder stored in the Kremlin and other parts of a city. Rescued it is unique a life: riches just and injust giblo. Imperial chambers, treasury, treasures, icons, ancient
charters, klinki, even hallows of the sacred have decayed» [60] . Set of the several fires storming in Moscow from the middle of April on the end èþíÿ1547 of year, has destroyed 1/3 constructions of Moscow, was lost more than 1 700 persons [61] . As reaction to the big fire in Moscow per 1547 tsar Ivan IV has been published the decree which has assigned to the Moscow inhabitants a duty to have in court yard and on roofs at home flanks with water; for cooking to build furnaces and the centres on kitchen gardens and waste grounds far from residential buildings.

In turn, in the Code of laws of 1550 safety receives the further development. In particular, structures of the crimes encroaching on personal, public and property safety are allocated: dushegubstvo (murder), theft (theft), robbery, hooliganism, deboshirstvo, kidnapping, lackeys etc. [62] . Following subjects of crimes have been registered In the Code of laws concerning safety: «gosudarsky the murderer» (taken life the mister), "kramolnik" (the traitor, the traitor, the rebel), «church tat», "podymshchik" (the instigator to revolt); "zazhigalytsik" (instigator).

fastening of responsibility of officials to denial of justice, removal of the illegal decision, judicial forgery and lihoimstvo, and also delivery of a city to the enemy was the Innovation of that time.

it is unconditional, the Code of laws of 1550 as the monument of Russian right, has brought the essential contribution and to development of legal maintenance of safety to the Russian state.

It is remarkable, that in days of Ivan Groznogo's reign special state bodies (and public) the safety consisting from oprichniny and regular streletskogo of an army [63] have started to be formed.

Along with stated, in the beginning of XVII century with a view of safety maintenance on places and public order protection in 146 cities with districts on the basis of the Digit order from the statement of the tsar and the Seigniorial thought special official ranks - voevody [64] have been appointed.

In particular, everyone voevoda received the order defining a circle of its activity from the order. It operated the territory entrusted to it, carried out protection of the feudal property, struggled with concealment fluent, with infringement of state interest (korchemstva), with any infringement of an order in general (fight, a fire, mor), knew the policeman and road business, supervised for criminal and civil court lip and zemskih heads.

Voevody have been obliged to take measures against gamblings and seductive shows, to eradicate split, to care of that parishioners visited church and fasted in due time.

the Following important monument of the domestic law is Cathedral Ulozhenie tsar Alexey Mihajlovicha of 1649 [65] , the chapter of II which «About gosudarskoj to honour and as it gosudarskoe health to preserve» has been directly devoted questions of maintenance of safety. Using modern terminology, under national safety here it was understood conditions of security from:) encroachments on the national sovereignty by creation of the armed formations, a collusion with other states, destructions of settlements; encroachments on the person of the head of the state (which safety was considered inseparable from safety of the state as a whole).

it is important to notice, that Cathedral Ulozhenie contained the rules of law systematised enough the then regulating maintenance of safety 1649. In our opinion,
the second stage in formation of legal regulation of safety in the Russian state which was characterised by the following has come to the end with acceptance of the given legal act:

- at legislative level formation of the basic threats of safety of the Russian state, but, unlike the previous period has proceeded, they have been more differentiated and structured;

- measures on creation of the mechanism of maintenance of safety by creation of corresponding standard base and the state bodies responsible for its realisation (oprichnina, streletskoe an army, voevody etc.) have been taken;

- in normative acts there is an allocation of crimes against the State, the government in group separate of another criminal offences to punishment toughening for their fulfilment.

As the result, at the given stage occurs the further structurization of safety, its specialisation in separate institute and legal maintenance.

Continuing research on the declared theme, we will notice, that in process of formation in Russia the unlimited monarchic power from the end XVII to the middle of XIX centuries conceptual registration of safety and its further legal maintenance (the third stage) is observed. It is shown that the is standard-legal basis of maintenance of safety is formed in such directions, as state secret protection, the control over correctness of behaviour of citizens and performance of fiscal and office obligations by all of them, the control over publicism and scientifically-publishing, "supervision" for foreigners, struggle against distributors of false rumours, dissenters and another [66] .

it is necessary to tell and that owing to multinational structure of our state the considerable attention was given also to maintenance of safety of the separate nations occupying Russian empire. So, in the nominal decree from December, 26th, 1695 for the first time in the Russian history at the state level it was forbidden «to repair executions and tortures Siberian jasachnym to foreigners on any affairs without the report to sovereigns, about ohranenii them for insults and taxes and oppressions, about a parcel of salesmen for jasachnogo gathering of people kind for choice town and about supervision that they jasashnyh did not plunder people, in the forbidden goods wines did not trade also did not smoke and did not sell» [67] . In Peter I manifesto from March, 11th, 1710 also it was forbidden «to repair insults to the Ukrainian people» [68] .

Along with it, throughout development of measures on maintenance of fire-prevention safety in 1710 Peter I had been published the Decree «About construction of houses in St.-Petersburg with observance of every possible precautions from fire» and at Admiralty on a constant basis the fire-fighting crew has been created. Besides, the decree «About strict arrival of armies on fires» from 1711 had been legislatively fixed use of active armed forces at suppression of fires, and in 1718 the specialised fire-prevention division for struggle against fires against use river melkosidjashchih the vessels equipped with fire engines [69] for the first time is created.

Besides, in reign by Peter I attempts of legal regulation and ecological safety have been undertaken, namely: the nominal decree from February, 22nd, 1709 «About supervision Moscow
to inhabitants of cleanliness on court yard and in streets, about svoze everyone to a dung for the Earthen city and the roadway maintenance in serviceability» [70] is published.

It is remarkable, that for safety maintenance in the Russian state of times of Peter I the institute fiskalstva has been adapted also. So, the decree on March, 5th, 1711, the Senate was recommended to choose the ober-sneak, the person of a clever and kind, whatever rank it was, which should supervise and come to see secretly over all affairs about wrong court, «tako in gathering of treasury and prochago». The Ober-sneak involved convicted, «what high degree is», to responsibility before the Senate and there it convicted. Having proved the charge, the sneak received half of penalty from the convicted; but also it was forbidden to blame an unfounded charge of the sneak, even to be annoyed with it for it «under severe punishment and ruin of all manor» [71] .

In 1715 on change Cathedral Ulozheniju 1649 the Army regulations [72] , containing articles devoted to maintenance of safety in following directions has been accepted:

- political or high treasons (heads: 3, 6, 17): the armed revolt, change, a plan to kill a sovereign, indignation against it, capture of the monarch, condemnation of intentions and actions of the tsar, password opening, negotiations with the enemy, data on the strengthening which fulfilment was punished by death or penal servitude;

- military crimes (heads: 4 - 15): desertion and different evasion from service which were punished by departure on galleys, a whip, shpitsrutenami. Punishment for delivery of fortresses, strengthenings and for marauding, especially during acts of nature, were punished by a death penalty;

- crimes against calmness, a public order, blagochinija: fights, the maintenance of brothels, suspicious concourses, concealment of criminals, assignment of false nicknames, obscene statements, singing of obscene songs were punished by a death penalty.

For the first time in Army regulations article 18 putting on on military men of a duty on maintenance of safety of the state has been fixed. In particular, have received official fastening of a duty on protection of the state and protection of the head of the state against any encroachments, including against high treason (the Article 124).

variety of nominal decrees of Peter I has been devoted Questions of maintenance of economic safety: the decree from January, 28th, 1716 «About wine smoking», a regulating turn of alcohol, the decree from January, 24th, 1718 «About collecting duty from the carts arriving to Moscow», the decree from October, 3rd, 1720 «About the state gathering» and others [73] .

Especially it is necessary to notice that circumstance, that in second half XVII - the beginning of XVIII centuries there is a police registration as state institute on safety maintenance. So, according to the Instruction St.-Petersburg general ïîëèöìåéñòåðó 1718 and to the Regulations or the Charter of the Main City council, police bodies the role of the universal tool for the decision of the diversified social, political and ideological problems [74] was given.

To number of the diversified administrative functions directed on maintenance of a public order, Regulations of the Main City council of 1721 the following concerned: The police «spospeshestvuet in the rights and in justice, razhdaet kind usages and a moral, submits safety all from robbers, thieves, tyrants and deceivers and this similar, dishonourable and indecent life drives away,
and forces kazhdago to works and to a fair craft, repairs kind dosmotritelej, careful and kind attendants, a city and in them streets regularly composes, interferes with dearness, and brings content in all potrebnom by a life human, warns all prikljuchivshijasja illnesses, makes cleanliness on streets and in houses, forbids an excess in house roshodah and all javnyja pogreshenii, priziraet beggars, poor, sick, crippled and other deprived, protects vdovits, orphaned and foreign, on precepts Bozhiim, brings up young in chaste cleanliness and fair sciences [75] . Moreover, in the document the police role as «souls of citizenship and all kind usages and fundamental podpory human safety and udobnosti» (it is underlined by us - a bus) [76] was defined.

the Important role in the further evolution of legal regulation of safety in Russian empire Catherine II Order Commission data (further - the Order) about drafting new Ulozhenija from July, 30th, 1767 [77] according to which maintenance of a condition of "calmness" is needs of nature of all people living in its territory (points 3, 5 preambles) has played. Therefore presence of the government providing similar safety, does not involve restriction of laws of persons on freedom (points 10, 13 Chapters II of the given certificate).

we Will pay attention to following circumstance: in the given document attempt to define essence of safety of the state - state and public "liberty" (possibility of realisation of the actions resolved in the law) contains; calmnesses of persons on the basis of the prevention of occurrence of extreme situations. Moreover, the given legal act has fixed criterion of harmony and proportionality at
use of the government as restriction of laws of persons in interests of national safety (point 513 of the chapter XX), and also state security threats (points 507 - 513 chapters XX).

it is unconditional, the analyzed Order carried, undoubtedly, progressive character, that in many respects speaks that has been based on the reception of positions of the Declaration of the rights and freedom of the person and the citizen of France of 1789 (item 2 - 6, 12) [78] .

Besides, in first half XIX centuries new legal acts are accepted and bodies in sphere of fire safety are founded: in 1832 Nikolay had been accepted the Fire charter regulating an order of performance of duty in fire-fighting crews, and the Building charter containing norms in sphere of fire safety and a rule at building [79] . In 1853 it has been accepted «Normal the sheet of structure of a fire brigade in cities», the fixed quantitative structure of fire service depending on

3 populations [80] .

Evolution of legal regulation of maintenance of safety was served also by the Penal code of criminal and corrective 1845 [81] where for the first time in domestic pravotvorcheskoj to practice by one of committing a crime aggravating circumstances encroachment threat on safety of the state (point 8 of article 135 Ulozhenija) has been recognised.

In Ulozhenii structures of such crimes, as revolt (revolt and plot of set of persons against the state), concealment of a similar crime (point 271 Ulozhenija) in details revealed; and also an encroachment on the state sovereignty (high treason) - attempt of transfer of the state, its part to other state,
instigation of the foreign states to actions against interests of Russia, state secret disclosing; assistance to the foreign states in fulfilment of operations in a wartime; deliberate infringement from officials of diplomatic or other bodies of interests of Russia at making contract with other state; or deliberate destruction by the specified subjects of the documents representing the state interest. Thereby, the given legal act had been accurately defined possible threats of safety of the state, that substantially caused efficiency of measures on its protection.

the Third stage in legal maintenance of safety in Russia was characterised by following basic lines:

- at legislative level the basic internal and external threats of national safety of the Russian state are allocated and systematised;

- creation of the mechanism of maintenance of national safety by preparation of corresponding standard base and establishment on a regular basis of the specialised state bodies responsible for its realisation is finished;

- the basic directions of maintenance of national safety - military, economic, ecological, demographic, fire etc.) are differentiated and settled.

the Fourth stage of evolution of legal regulation of safety has been caused by two inconsistent tendencies: on the one hand, scale reforms spent in a camp (1861, 1864, 1870) and purposeful counteraction of accruing revolutionary activity, with another.

Feature of the named stage was that under the influence of industry lifting in Russian empire economic safety in its such displays as safety food starts to be made out actively, customs etc.

So, according to the Customs regulations accepted in 1892 secret import and export of the forbidden goods was punished by confiscation of the goods with imposing of the fine at a rate of double cost [82] . In 1895 in the help in struggle against contraband the Navy fleet of Russia which activity in the given direction was regulated by the Instruction approved in 1900 about an order of a stop, survey and detention, and also tap and delivery of the detained vessels and cargoes [83] has been involved.

During same time in the country in parallel as reaction to development of a revolutionary situation, starts to amplify state activity on safety protection.

For example, Position about measures to ohraneniju the state order and public peace from August, 14th, 1881 [84] entered a mode of especially protected districts in which territory the special order of the permission of affairs about administrative violations could be established, carrying out of meetings is forbidden, the right to free movement, time or constant prohibition of realisation of trading or industrial activity (points 15, 16 Positions) is limited.

the martial law Legal regime was regulated by the Rules installed on June, 18th, 1892 about the districts declared consisting on martial law [85] as a result of which introduction all completeness of the power was transferred to military establishments, and to civilians military jurisdiction elements were widely applied.

the Criminal code of 1903 (with the subsequent changes from 1904 regarding high treasons - «About revolt against the Supreme power and about criminal actions against the sacred person of the emperor and
members of the imperial house», «About high treason», «About a distemper») established severe legal responsibility for an encroachment on the imperial power.

So, on Ulozheniju 1903 (item 99) uncontested punishment in the form of a death penalty for an encroachment «in general on inviolability of the sacred person of the reigning emperor, the empress or the successor of a throne» was provided; the conclusion in a fortress punished the insult of memory of deceased regal persons. Political crimes - participation in the assemblage which has gathered for expression of disrespect for the Supreme power, censures of a form of government, sympathy to revolt or rebels were punished by the conclusion in a fortress; speech pronouncing, drawing up, storage, editing of the compositions initiating to resistance to authorities - the reference [86] .

It is characteristic, that during the sanction First World War for crimes in the field of military safety become tougher. With a view of safety maintenance the normative acts establishing military censorship are accepted: the Decree «About the statement of Time position about military censorship» and «the List of data and the images, concerning external safety of Russia and its naval and overland defence, announcement and which distributions to the press, in speeches or the reports said in public meetings, it is forbidden» [87] . The given certificates in the conditions of a wartime provided: the control over a published printed matter; viewing of the correspondence with a view of suppression of disclosure of state secrets; military censorship of items of mail, including telegrammes (except for the correspondence of persons of an imperial surname, and also the correspondence diplomatic and consulates of the foreign states).

From our point of view, the fourth period of evolution of legal regulation of safety in Russian empire, existed up to revolutionary events of 1917, was characterised, on the one hand, by occurrence of complex legal regulation of the economic safety caused by considerable boom of the Russian state, on the other hand, under the influence of revolutionary events and military actions, development of the "extreme" legislation providing state security in the conditions of a wartime.

Concerning the fifth (Soviet) stage of development of legal regulation of safety in Russia it is possible to tell, that it ideologically was based on the Lenin theory of a socialist revolution according to which the basic threat for the first-ever socialist state consisted in a remaining capitalist environment. As a result, the foreign policy in sphere of the international safety was defined by the thesis about animosities of the western powers Soviet Union and necessity to use their contradictions with a view of own state security [88] .

With a view of state security maintenance in the Constitution of RSFSR of 1918 the duty of citizens on protection of socialist Fatherland, and also the right of workers to protection of revolution with the weapon in hands [89] has been established. Article 19 of the Organic law with a view of protection of gains of revolution established a general compulsory military service - a duty of citizens of republic all bar none on protection socialist
fatherland, and also the honourable right given exclusively to the worker to protect revolution with the weapon in hands.

In the Constitution of RSFSR from May, 11th, 1925 were actually produblirovany the norms fixed by the Constitution of RSFSR of 1918: «With a view of all-round protection of gains of Great Workers' and Peasants' revolution, the Russian Socialist Federal Soviet Republic recognises as a duty of all citizens of Republic protection of socialist Fatherland and establishes a general compulsory military service. The honourable right to protect Revolution with the weapon in hands is given only to workers; departure of other military duties is assigned to unearned elements» (Constitution article 10) [90] .

At official level the concept "state security" has been entered in our country in 1934 at formation as a part of People's Commissariat of Internal Affairs of Central administrative board of state security to which functions OGPU have been transferred at liquidation of the last.

In 1936 the term "state security" has been officially included in the text of the Constitution of the USSR (point "and" chapter 2 articles 14) and since then has started to be used in official certificates of bodies of the Soviet state [91] .

Constitution Article 132 has fixed position that the general conscription is the law, and military service in ­ Rabochekrestjansky Red Army represents honorary duties of citizens of the USSR. Constitution article 133 concretised the given position by instructions that «Fatherland protection is a holy duty of each citizen of the USSR». Besides, in the Constitution of the USSR of 1936
legal responsibility of citizens for default of the constitutional debt on protection of Fatherland and a crime against state security of the USSR was established: «Change to the Native land: the oath violation, transition to the party of the enemy, aggrieving of military power of the state, espionage - are punished on all severity of the law, as the heaviest evil deed» (Constitution article 133).

we Will notice, that the considered positions of the Constitution of the USSR of 1936 were produblirovany in the Constitution of RSFSR of 1937.

In days of the Great Patriotic War the legislation on defence has been added by a number of the special normative acts entered in a special (extreme) order [92] that spoke necessity of transfer of the Soviet Armed forces from peace position on the military.

it is important to notice, that the Soviet union has played a considerable role in creation of system of maintenance of the international safety the post-war period. So, the decision on creation of the new universal international organisation as which purpose the prevention of threat of occurrence of war in any region of the world and development of interstate cooperation »has been fixed«, was accepted at the Yalta (Crimean) conference of heads of the states of an Antihitlerite coalition.

In second half of XX-th century questions of maintenance of national (state) safety at the constitutional level have been fixed in the Constitution of the USSR of 1977. For the first time the separate chapter which has received the name «Protection of socialist Fatherland» is allocated. So, Fatherland protection has been carried by article 31 of the Constitution to the major functions of the state and proclaimed by business of all people: «with a view of protection of socialist gains, peace work of the Soviet people, the sovereignty and
territorial integrity of the state Armed forces of the USSR are created and the general conscription» [93] is established.

the Analysis of the maintenance of Criminal codes of RSFSR of the Soviet period (1922, 1926, 1960) also testifies that safety (first of all, state) was object of constant attention from the Soviet state. It proves to be true, first, dynamics of toughening of responsibility for the crimes made in the conditions of the martial law; secondly, differentiation of legal responsibility of military men and civilians; thirdly, use of concept "social danger" as criterion for definition of character of offences and an establishment of corresponding punishment.

Generalizing the aforesaid, it is necessary to tell, that the fifth (Soviet) period of evolution of legal regulation of safety in the Russian state, preceding the development present stage, it was characterised by following features:

- in the first years of the Soviet power it was observed class (ideologizirovannyj) the approach to legal fastening and legislation application in sphere of maintenance of safety;

- at the constitutional level have received legal fastening questions of state security and a role of the Soviet state and the people in their maintenance;

- the considerable attention has been given formation of legal maintenance of the international safety, especially in the Second World War up to its termination;

- at detailed legal regulation of safety issues of the USSR (state security) were actually ignored such

the major components of national safety, as safety of a society and the person.

With disintegration of the USSR the sixth (modern) stage of evolution of legal regulation of safety has begun.

In 1992 for the first time in history the Russian state - the Law of the Russian Federation «the thematic law completely devoted to safety issues has been passed About safety», installed by the Supreme body Decision on March, 5th, 1992 where in article 1 for the first time at official level the concept of safety as «conditions of security of the vital interests of the person, societies and the states from internal and external threats» [94] has been given.

the Law fixed legal bases of maintenance of safety of the person, a society and the state, defined system of safety and its function, established an order of the organisation and financing of bodies of maintenance of safety, and also the control and supervision of legality of their activity.

To the basic objects of safety the law for the first time in history the Russian state has urged to carry the person, its rights and freedom; a society, its material and cultural wealth; the state, its constitutional system, the sovereignty and territorial integrity (it is allocated by us - a bus).

Besides, the Law on safety of 1992 has defined principles, safety system; the independent section of the law has been devoted Security council of the Russian Federation - to the constitutional body which is carrying out preparation of decisions of the President of the Russian Federation in the field of maintenance of safety.

Along with it, the whole file of the legislation of 90th years of the XX-th century has been devoted safety issues. So, in the Federal act «About the information, information and information protection» from 1995
the concept of national safety [95] for the first time has been fixed; also have been accepted the Federal act from December, 13th, 1996 «About the weapon» [96] ; the Federal act from July, 25th, 1998 «About struggle against terrorism» [97] ; the Decree of the President of the Russian Federation from December, 17th, 1997 «About the statement of the Concept of national safety of the Russian Federation» and others [98] .

Approved by the Decree of the President of the Russian Federation the Concept of national safety of the Russian Federation of 1997 became the first normativnopravovym ­ the certificate reflecting set of officially accepted sights at the purposes and the state strategy in the field of maintenance of safety of the person, a society and the state (national safety). In the concept the major directions and the state policy principles, concerning positions of Russia in the world community, national interests of Russia, maintenance of national safety of the Russian Federation have been formulated. The concept became a basis for working out of concrete programs and organizational documents in the field of maintenance of national safety of the Russian Federation.

According to the Concept of national safety of 1997 doctrines of maintenance of various spheres of safety have been accepted.

So, the Military doctrine of the Russian Federation accepted in 2000 (in edition of the Decree of the President of the Russian Federation from 21.04.2000 years [99] ), based on positions of the military doctrine of the Russian Federation of 1993, concretised with reference to military sphere of installation of the Concept of national safety of the Russian Federation of 1997, namely: the basic threats of military safety, maintenance of military safety, the military organisation of the state and a management of it, strategic bases and another.

Based on positions of the Concept of national safety of 1997 the Doctrine of information safety of the Russian Federation (utv. The president of the Russian Federation from September, 9th, 2000 [100] ) as set of official sights at the purposes, problems, principles and the basic directions of maintenance of information safety of the Russian Federation, has formed a basis of formation of a state policy in the field of maintenance of information safety of the Russian Federation; preparations of offers on perfection legal, methodical, ­ nauchnotehnicheskogo and organizational maintenance of information safety of the Russian Federation; workings out of target programs of maintenance of information safety of the Russian Federation.

Owing to changes of the basic priorities of a state policy of the Russian Federation two more variants of conceptual documents in sphere of maintenance of national safety - Strategy of national safety of 2009 [101] and Strategy of national safety operating now 2015 3 subsequently have been accepted

year [102] .

Strategy of national safety of 2009 fixed the maintenance of national interests of the Russian Federation on long-term prospect - development of democracy and a civil society, increase of competitiveness of national economy; firmness of the constitutional system, territorial integrity and the sovereignty of the Russian Federation; transformation of Russia into world power.

the Basic priorities of national safety of the Russian Federation, according to Strategy, have been named national defence, state and the public safety.

the number of strategic targets of national defence joined prevention of global and regional wars and conflicts, strategic restraint in interests of maintenance of military safety of the country.

As threat of military safety of the Russian Federation has been regarded a policy of some the leading foreign countries, directed on achievement of the prevailing superiority in military sphere in this connection transition to qualitatively new shape of Armed forces of the Russian Federation with preservation of potential of strategic nuclear forces has been provided, by escalating of quantity of parts of constant readiness, perfection operative and combat training of armies.

As the basic threats state and the public safety Strategy named terrorism, extremism, prospecting activity of foreign special services, the organised crime in this connection admitted necessary to raise efficiency of activity of law enforcement bodies and special services, to create uniform system of preventive maintenance of offences, to lower level of corruption and society criminalisation. One of strategic targets of national safety had been proclaimed improvement of quality of a life of Russians.

In 2010 the Federal act from December, 28th, 2010 ¹ 390-FZ «About safety» [103] in which principles and the activity maintenance on safety maintenance have essentially been specified has been accepted; main objectives of the international cooperation in the given area are fixed; functions of the President of the Russian Federation regarding definition of the basic directions of a state policy in sphere of maintenance of national safety, acceptance of measures on protection of citizens against illegal encroachments are expanded, to counteract terrorism and extremism; problems and the basic functions of Security council of the Russian Federation and power of the President of the Russian Federation on expansion of their list are reviewed.

In 2015 under the influence of the new threats which have arisen before our country in the international sphere, new Strategy of national safety of the Russian Federation [104] has been accepted. In it national interests and strategic national priorities of Russia, the purpose, a problem and a measure in the field of internal and the foreign policy, directed on strengthening of national safety of the country and maintenance of its sustainable development on long-term prospect are defined.

So, among national interests of Russia strengthening of defence of the country, maintenance of firmness of the constitutional system, the sovereignty, the state and territorial integrity are named; strengthening of the national consent, political and social stability; improvement of quality of a life of the population, maintenance of stable demographic development of the country; increase of competitiveness of national economy; fastening to Russia of the status of one of in the lead world powers.

Besides, the basic threats state and the public safety are defined. Among them - activity of foreign special services, the terrorist and extremist organisations, radical public associations and groupings, the criminal organisations; corruption. Measures on elimination of the named threats are outlined.

the actions directed on improvement of quality of a life of citizens Also are listed. It: maintenance of food safety, availability of comfortable habitation, modern formation and public health services; creation of highly effective workplaces, improvement of quality of work and its payment; a worthy provision of pensions, etc.

measures on maintenance of economic safety of the country, and also national safety in such spheres, as a science, technologies, formation, public health services, culture, ecology are Besides, named.

Along with stated, carrying out questions by Russia the active foreign policy directed on maintenance of strategic stability and strategic partnership equal in rights have been mentioned.

Characterizing the present stage of evolution of legal maintenance of national safety in the Russian state, it is possible to name its following features:

- in the legislation of the Russian Federation of 90th years of the XX-th century progressive approach essentially new to our country to the safety problem, based on a recognition of the higher value of the rights, freedom and legitimate interests of the person and a society has been fixed;

- for the first time in the legislation the concept of national safety of Russia as safety of its multinational people as carrier of the sovereignty and unique source of the power in the Russian Federation has been fixed

- national safety of the Russian Federation is fixed as a part of the international safety with reference to safety in borders of the certain state (its frontiers);

- threats of national safety of the Russian Federation are essentially systematised and differentiated;

- the optimum system of maintenance of national safety is generated; the special body - the Security council of the Russian Federation headed by the President of the Russian Federation is created, its powers in the specified sphere are defined.

summing up to consideration of evolution of legal maintenance of safety in the Russian state, it is necessary to underline, that necessity for safety maintenance is organically connected with occurrence and state development. Function of maintenance of safety, and in it we agree with A.A.Fomina's opinion, directly is connected with maintenance of the state interests and formation of the right by means of, first, authorisation of customs which
promoted protection and realisation of the state interests and the law and order, and, secondly, actually law-makings (creations of new norms, behaviour rules) [105] .

In the course of research of development of legal maintenance of safety direct dependence of result of legal fastening of elements of maintenance that from comprehension and ordering by the state of threats of safety at a certain stage of its historical development has been revealed. So, on overwhelming majority of stages of historical development of the Russian state a priority direction of legal regulation of safety was maintenance of military safety (initially intended for capture and development of another's territories, subsequently - for maintenance of the state integrity and the sovereignty in the territory and country defences).

Thus, dynamics of development of the legislation in sphere of maintenance of safety in general and national safety, in particular, it is necessary to consider as proper response of the state to newly arising threats to its sovereign existence when the state realises objective threats of safety to the vital interests of the person, societies and the states and in due time fixes in the legislation strategic measures on their elimination.

1.3.

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A source: CHAPCHIKOV SERGEY JUREVICH. the CONCEPTUAL BASES of NATIONAL SAFETY And the MECHANISM of ITS MAINTENANCE: TEORETIKO LEGAL RESEARCH. The dissertation on competition of a scientific degree of the doctor of juridical science. Kursk - 2018. 2018

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