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Prospects of the Public Order Protection Organization at the Municipal Level in Russia

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Prospects of the Public Order Protection Organization at the Municipal Level in Russia Prospects of the Public Order Protection Organization at the Municipal Level in Russia Vladimir V. Tkachenko11, Vasily V. Kolenichenko12, Roman E. Bogachev23 and Natalya V. Zimovets24 1I.D. Putilin Belgorod Law Institute of the Ministry of Internal Affairs of the Russian Federation, Belgorod, Russia 2Belgorod State National Research University, Belgorod, Russia Keywords: Protection of Public Order, Municipal Police, Prevention of Offenses, Security of Citizens, Local Self-Government, Issues of Local Importance, Municipal Guard. Abstract: In accordance with the current legislation, the functions of protecting public order are a priority for the State. The creation of a municipal police or police at the municipal level is also complicated by the fact that so far no normative legal acts regulating the legal status of the municipal police have been adopted. The article analyzes the current legislation in the field of public order protection by local self-government bodies. The article considers the foreign experience of the organization and functioning of the municipal police in terms of the protection of public order and the solution of local issues. Both the positive aspects of the creation of the municipal police service and the emerging difficulties in regulating public relations associated with its creation are revealed. At the same time, there is already a positive experience of the municipal police in the recent history of Russia. From a practical point of view, the experience of the city of Belgorod is interesting, where the local authorities have created and successfully operate the Municipal State Institution “Municipal Guard”. 1 INTRODUCTION public order: district police commissioners, patrol and post police service. Among the objects of social management, the At the same time, the grassroots units, especially protection of public order is very important, without the departments of the district police commissioners, which the normal existence of civil society, as well as are constantly burdened with non-core tasks, such as the functioning of its social, economic, political, supporting criminal cases, preparing decisions to cultural and other components, is impossible. refuse to initiate criminal proceedings, patrolling the Undoubtedly, an insufficient level of ensuring public streets during public events. order will have a negative impact on the sense of It should be noted that the municipal police is the security of both the individual citizen and the entire basis of the entire police system in a number of society as a whole. foreign countries. Considering the foreign experience The reform process and repeated layoffs of police in the formation of the police system, we see that officers in recent years have led to a massive shortage similar structures exist in such countries as Germany, of employees on the “ground”, that is, in the lowest the United States, France and in a number of other divisions of the territorial bodies of the Ministry of countries (Wolf, 2008; Feltes 2013; Walby, Lippert, Internal Affairs of Russia. 2012). The activities of these structures in these Currently, there is a rather large shortage of countries are financed from the local budget and, personnel in the units involved in the protection of accordingly, they are managed by local authorities (Donnelly, 2013; Guillamón, 2011). I would like to 1 https://orcid.org/0000-0003-2769-5060 2 https://orcid.org/0000-0003-0530-4049 3 https://orcid.org/0000-0001-7627-8947 4 https://orcid.org/0000-0003-2856-9365 816 Tkachenko, V., Kolenichenko, V., Bogachev, R. and Zimovets, N. Prospects of the Public Order Protection Organization at the Municipal Level in Russia. DOI: 10.5220/0010598108160821 In Proceedings of the International Scientific and Practical Conference on Sustainable Development of Regional Infrastructure (ISSDRI 2021), pages 816-821 ISBN: 978-989-758-519-7 Copyright c 2021 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved Prospects of the Public Order Protection Organization at the Municipal Level in Russia note that the funding of local authorities in these Federation by introducing a new bill number 385-7 countries is much higher than in the Russian “On the municipal police in the Russian Federation”, Federation. as a result of this bill will be enacted from January 1, In France, in communes where the population is 2018 has proposed the creation of the standards with less than 10 thousand people, the municipal police The creation of the municipal police was proposed operates, which maintains public order and public to include in its composition such services as part of safety, ensures the peace of citizens in a strictly the duty, patrol units for the execution of defined framework established by law. In this State, administrative law, commissioners of municipal the municipal police is the reserve of the National police, as well as a number of other units that were to Gendarmerie of France and the National Police in the perform the functions conferred upon a municipal context of the implementation of the functions of the police Department in the proposed bill. criminal police, reports to the mayor and is The adoption of this bill should have to be accordingly funded from the local budget. This subjected to significant changes, but rather to abolish experience of the municipal police of the V Republic a number of units of the Ministry of internal Affairs could be used in the implementation of law of the Russian Federation, in particular police unit enforcement activities of the internal affairs bodies of that performs the functions of protection of public the Russian Federation, this is, first of all, a order and functionally performs the powers that were competitive procedure for the formation of the supposed to be passed the municipal police personnel component and detailed regulation of the (Golubykh, 2017). powers of officials performing the relevant functions The adoption of a decision on the reorganization (Bolotina, 2006). of a number of divisions of the internal affairs bodies The main powers of the municipal police officers and the transfer of their powers to the municipal are: prevention of offenses, identification of citizens, police is essentially a very serious step and should video surveillance, inspection of citizens and have a significant argument, so it is not surprising that inspection of various objects. In the course of their this bill has not received support. activities, they also have the right to apply a number Undoubtedly, when developing this legislative of coercive measures, such as physical force, special project, the authors did not take into account all the means (Khusyainov, 2016; Kešetović, 2013). difficulties that were expressed in the shortcomings In the experience of the development of the US of this draft law, related to the sources and procedure law enforcement system, you can find an example of funding, as well as in the technical support of the when the local government itself “serves and activities of the municipal police, and the issues of protects” by creating a special service of US sheriffs. determining the service in this structure. Sheriff – an official elected by the population of the A number of Russian scientists in their scientific district for 2-4 years, whose main responsibility is to publications have considered issues related to the maintain law and order in the district entrusted to him. creation, organization and functioning of the As the head of the county police, the American sheriff municipal police. has fairly broad powers in the field of public order In his article on the draft law on municipal police, protection: he arrests, brings offenders to court, and R. A. Zhuravlev believes that for the creation of a is authorized to use weapons against them municipal police, first of all, a transition period of 2- (Golovanova, 2016; Wilson, 2003; Payne, 2004). 3 years is necessary, in which the legal, material, technical, financial and organizational bases for the functioning of the municipal police would be created 2 METHODOLOGIES (Zhuravlev, 2017). At the same time, at present, the need to create a municipal police in Russia among scientists is The creation of the municipal police in the Russian Federation should lead to a further increase in the considered a fairly controversial topic. active participation of citizens in the protection of In his research, I. V. Ivanko says that due to the lack of material and legal prerequisites at the public order and ensuring public safety, as well as in the provision of assistance to law enforcement necessary level, as well as due to the low agencies in ensuring public order and public safety, in development of civil society, it is premature to talk about the process of forming a workable, meeting all the prevention and suppression of offenses. In 2016, also by the deputies of the Duma faction the requirements of modern society, municipal police of the political party “Fair Russia” was re-attempt to (police) on the territory of the Russian Federation (Ivanko, 2011). create a municipal police force in the Russian 817 ISSDRI 2021 - International Scientific and Practical Conference on Sustainable Development of Regional Infrastructure A number of authors believe that currently there draft Federal law “On the basics of organizing are not even the most necessary conditions for the municipal public order protection bodies (Municipal formation of municipal police in municipalities, local Guards) in the Russian Federation” (Kononov,
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