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State and Non-State Actors Fecha de presentación: enero, 2020 Fecha de aceptación: marzo, 2020 Fecha de publicación: mayo, 2020 STATE AND NON-STATE ACTORS ENSURING CONSTITUTIONAL ORDER AND PUBLIC SECURITY: PROBLEMS OF LEGAL REGULATION OF INTERACTION THE ABILITY TO UNDERSTAND AND THE TEXTUAL TYPOLOGIES IN THE PRIMARY BASIC EDUCATION, THIRD GRADE 30 Anna I. Yastrebova1 E-mail: [email protected] ORCID: https://orcid.org/0000-0001-6629-1128 Alexander I. Stakhov2 E-mail: [email protected] ORCID: https://orcid.org/0000-0002-7726-1204 Vladimir M. Redkous3 E-mail: [email protected] ORCID: https://orcid.org/0000-0002-2585-6388 Aleksej N. Gubin4 Email: [email protected] ORCID: https://orcid.org/0000-0002-9154-4622 Tatyana Y. Suchkova5 E-mail: [email protected] ORCID: https://orcid.org/0000-0003-4668-958X 1 Russian State Social University, Moscow. Russian Federation. 2 Russian State University of Justice. Moscow. Russian Federation. 3 Academy of Management of the Ministry of Internal Affairs of Russia. Moscow. Russian Federation. 4 Moscow State Region University. Moscow. Russian Federation. 5 Vyatka State University. Kirov. Russian Federation. Cita sugerida (APA, séptima edición): Yastrebova, A. I., Stakhov, A. I., Redkous, V. M., Gubin, A. N., &Suchkova, T. Y. (2020). State and non-state actors ensuring constitutional order and public security: problems of legal regulation of interaction. Universidad y Sociedad, 12(3), 228-239. ABSTRACT The present research aims at developing doctrinal points that reveal the features of interaction between state and non-state actors in ensuring the constitutional order and public security and at improving the regulatory framework of such interaction. The leading approach is the dialectical relationship between state-legal institutions and non-state institutions (civil society ins- titutions). Moreover, the comparative legal method is widely used to compare the interaction of these subjects in Russia and foreign countries, as well as analyze the state of normative regulation of such interaction in various subjects of the Russian Federation as a federal state. The system-structural approach allowed considering the provision of constitutional order and public security as an integral system conducive to the realization of the constitutional rights and freedoms of citizens. Legal cybernetics method made it possible to analyze the current state of legal regulation of civil society institutions in ensuring public order and security. Keywords: Constitutional order, public order, public security, constitutional security, interaction, civil society. RESUMEN La presente investigación tiene como objetivo desarrollar puntos doctrinales que revelen las características de la interacción entre los actores estatales y no estatales para garantizar el orden constitucional y la seguridad pública y para mejorar el marco regulatorio de dicha interacción. El enfoque principal es la relación dialéctica entre las instituciones legales estatales y las instituciones no estatales (instituciones de la sociedad civil). Además, el método legal comparativo se utiliza amplia- mente para comparar la interacción de estos sujetos en Rusia y países extranjeros, así como para analizar el estado de la regulación normativa de dicha interacción en varios temas de la Federación de Rusia como estado federal. El enfoque estructural del sistema permitió considerar la provisión del orden constitucional y la seguridad pública como un sistema integral conducente a la realización de los derechos y libertades constitucionales de los ciudadanos. El método de la ciber- nética legal permitió analizar el estado actual de la regulación legal de las instituciones de la sociedad civil para garantizar el orden público y la seguridad. Palabras clave: Orden constitucional, orden público, seguridad pública, seguridad constitucional, interacción, sociedad civil. UNIVERSIDAD Y SOCIEDAD | Revista Científica de la Universidad de Cienfuegos | ISSN: 2218-3620 Volumen 12 | Número 3 | Mayo - Junio, 2020 228 UNIVERSIDAD Y SOCIEDAD | Revista Científica de la Universidad de Cienfuegos | ISSN: 2218-3620 INTRODUCTION interaction with the executive authorities of the subjects of Russian Federation. However, the statistics do not cover In the modern period, the process of ensuring consti- the work of other law enforcement organizations and vo- tutional order and public security forms complex and luntary organizations. multilateral legal relations between elements of the sta- te-public system. The present study considers state law Citizens assist the police and other law enforcement enforcement agencies and non-state actors (civil society agencies to protect the life, health, honor and dignity of a institutions, public associations being their most common person, their property and the interests of society and the organizational and legal form) which carry out activities state from criminal and other unlawful attacks committed to ensure constitutional order and public security. The ur- in public places. It should be noted it is quite difficult for gency of the problem of interaction between the elements the state structure to organize 500-1000 people in a short of this system lies in the fact that through interaction, in- time to search for the missing; this is done by members ternal control of the system elements is exercised, and of ‘Lisa Alert’, a volunteer organization; its search teams the role of public organizations and their influence on the are represented in 44 regions of Russia. During 10 years effectiveness of the entire state-public system for ensu- of activity, ‘Liza Alert’ found about 7,000 missing people, ring constitutional order is determined. almost 2,000 of them children. Analysis of the activities of this volunteer organization shows the need to create an In the framework of ensuring constitutional order, public electronic resource of the Search Center, which could be- security and public order, a most important direction of come a platform to combine the efforts of both federal and the policy of the Russian state in accordance with Art. 7 regional authorities – the Ministry of Internal Affairs, the of the Constitution of the Russian Federation is to create Emergency Ministry, and the Investigation Committee and conditions ensuring a decent life and free development of the Ministry of Defense – for quick response in organizing a person (Constitution of the Russian Federation, 1993). the search for missing people. At the same time, along To implement this constitutional norm, the state creates with public organizations in the sphere of law and order, the necessary mechanisms, one of which is the system for professional vigilantes (including Cossack brigades) ap- ensuring constitutional order and public security. peared in the public service. These are already difficult Some subjects of the Russian Federation attempted to to attribute to the institutions of civil society, so there is a use the potential of civil society to ensure public order; difficulty in determining their legal status. these attempts were considered successful and gave In addition to vigilantes, public law enforcement asso- positive results. According to the data of the Ministry of ciations, voluntary organizations, Cossack brigades, em- Internal Affairs of the Russian Federation in 2009, there ployees of private security organizations can also be in- are more than 34 thousand public law enforcement units volved in ensuring law, order and public security. Thus, with more than 363,000 people. With the participation of in September, 2018, 142,000 employees of the internal vigilantes, about 40,000 crimes and over 400,000 admi- affairs bodies, military personnel of the Federal Service nistrative offenses are revealed annually. of the National Guard troops of the Russian Federation, The legal framework established in 2014 for the voluntary as well as 12.3 thousand employees of private security participation of citizens of the Russian Federation in the organizations, 22.8 thousand representatives of the na- protection of public order (Federal Law of April 2, 2014 tional vigilantes and 3,3 thousand representatives of the No. 44-FL “On the participation of citizens in the protec- Cossacks were involved in measures to ensure public or- tion of public order”) proved fruitful (Russian Federation. der at polling stations. State Dume, 2014). Analysis of statistical data reveals that At the same time, the statistics of the Ministry of Internal the number of national teams, individuals in them and of Affairs indicate a decrease in the number of crimes in 2018 offenses suppressed by them increases (comparing the compared to the same period in 2017. For instance, in available statistical data for 6 months in 2009 and for 6 January-September 2018, 1,490.9 thousand crimes were months in 2018). Thus, as of June 30, 2018, about 12,000 registered – 3.9% less than during the same period last teams unite more than 195,000 people. According to year. An increase in the number of registered crimes was the results of 6 months in 2018, more than 5,000 people noted in 27 subjects of the Russian Federation, a decrea- were detained for committing crimes, and more than se – in 58 subjects; almost every second (57.8%) crime 228,000 administrative offences were stopped (based on investigated was committed by old offenders, every third the analysis of certain operational activities of the Main crimes (32.5%) was committed UI, every twenty-seventh Directorate of the Ministry of Internal Affairs of Russia for (3.7%) by minors or
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