State policy of the Russian Federation in the field of security. Principles of state security. Bodies of the federal security service: tasks, legal basis for activities

Problems of ensuring national and international security have faced humanity at all times. They acquired particular relevance at the beginning of the 20th century. due to the reality of the threat of a world war. Therefore, at the first stages of the development of security theory and policy, they were identified with issues of war prevention. The main attention of the leading states of the world has always been paid to military security. Since the 1960s, there has been a gradual recognition by politicians and society as a whole that threats to the existence of human civilization come not only from nuclear and other weapons of mass destruction, but also from human activity itself. Consequently, true security in our time can only be ensured as a comprehensive security, covering all spheres of social activity of the state, society and individual.

Thus, the security policy should provide for a system of measures that blocks the causes of all types of danger that humanity faces.

Great value has a clear definition of the very concept of “security”. Federal Law No. 390-FZ of December 29, 2010 “On Security” defines the basic principles and content of activities to ensure state security, public and environmental security, personal security, and other types of security provided for by law Russian Federation, powers and functions of federal bodies state power, government bodies of the subjects of the Federation, bodies local government in the field of security, as well as the status of the Security Council of the Russian Federation.

Security is understood as the state of protection of the vital interests of the individual, society and state from internal and external threats. At the same time, vital interests are a set of needs, the satisfaction of which reliably ensures the existence and possibilities for the progressive existence of the individual, society and state. A security threat is a set of conditions and factors that create a danger to the vital interests of the individual, society and the state.

According to Art. 2 of the above Law basic principles of safety are:

  • 1) observance and protection of human and civil rights and freedoms;
  • 2) legality;
  • 3) systematic and comprehensive application of political, organizational, socio-economic, informational, legal and other security measures by federal government bodies, government bodies of constituent entities of the Federation, other government bodies, and local self-government bodies;
  • 4) priority of preventive measures to ensure safety;
  • 5) interaction of federal government bodies, government bodies of constituent entities of the Russian Federation, other government bodies with public associations, international organizations and citizens in order to ensure security.

Current legislation provides for many types of security. Thus, the Constitution of the Russian Federation contains legal basis to highlight public and state security, among which the main integrated type of security should be highlighted - national security, the most important components and interconnected elements of which are economic and information security, since economic and information processes accompany and mediate all areas and industries public administration in a broad and narrow sense.

The legal basis for ensuring security is the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, the Federal Law “On Security”, other federal laws and regulatory legal acts of the Russian Federation, laws and regulatory legal acts of the constituent entities of the Federation, local governments, adopted within their competence in the field of security.

The real and potential threat to security facilities emanating from internal and external sources of danger determines the content of activities to ensure internal and external security.

According to Art. 3 of this Law security activities includes:

  • 1) forecasting, identification, analysis and assessment of security threats;
  • 2) determination of main directions public policy and strategic security planning;
  • 3) legal regulation in the field of security;
  • 4) development and application of a set of operational and long-term measures to identify, prevent and eliminate security threats, localize and neutralize the consequences of their manifestation;
  • 5) application of special economic measures to ensure security;
  • 6) development, production and implementation of modern types of weapons, military and special equipment, as well as dual-use and civilian equipment for the purpose of ensuring security;
  • 7) organization of scientific activities in the field of security;
  • 8) coordination of the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of security;
  • 9) financing of security expenses, control over the targeted expenditure of allocated funds;
  • 10) international cooperation to ensure security;
  • 11) implementation of other measures in the field of security in accordance with the legislation of the Russian Federation.

Thus, to the main security facilities include:

  • 1) personality (its rights and freedoms);
  • 2) society (its material and spiritual values);
  • 3) the state (its constitutional system, sovereignty, territorial integrity).

Accordingly, state policy in the field of security is part of the domestic and foreign policy of the Russian Federation and is a set of coordinated and united political, organizational, socio-economic, military, legal, information, special and other measures. The main directions of state policy in the field of security are determined by the President of the Russian Federation. State policy in the field of security is implemented by federal government bodies, government bodies of the constituent entities of the Federation, local governments on the basis of the national security strategy of the Russian Federation, other conceptual and doctrinal documents developed

Security Council and approved by the President of the Russian Federation. Citizens and public associations participate in the implementation of state policy in the field of security.

The national security of our country is constantly and has been given priority attention by the President and the Government of the Russian Federation. Such rule-making documents were adopted as Decree of the President of the Russian Federation dated December 17, 1997 No. 1300 “On approval of the Concept of National Security of the Russian Federation” (as amended on January 10, 2000) and Decree of the President of the Russian Federation dated January 10, 2000 No. 24 “On the Concept of National Security Russian Federation" (lost force).

By Decree of the President of the Russian Federation dated May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020,” canceling the previously mentioned documents, the National Security Strategy of the Russian Federation until 2020 was approved and entered into force.

The strategy is based on the principles of continuity of state policy in the field of security and is based on the system of Russian national priorities. The document is fully linked to the Concept of socio-economic development of Russia for the period until 2020, aimed at improving the quality of public administration and designed to coordinate the activities of government bodies, state and public organizations to protect the national interests of Russia and ensure the security of individuals, society and the state.

The national interests of the Russian Federation in the long term include: developing democracy and civil society, increasing the competitiveness of the national economy; the inviolability of the constitutional order, territorial integrity and sovereignty of the Russian Federation; turning Russia into a world power. The main priorities of the national security of the Russian Federation are national defense, state and public security. The strategic goals of national defense include the prevention of global and regional wars and conflicts, strategic deterrence in the interests of ensuring the country's military security.

The policies of a number of leading foreign countries aimed at achieving overwhelming superiority in the military sphere. In this regard, a transition to a qualitatively new look of the Armed Forces of the Russian Federation is envisaged, preserving the potential of strategic nuclear forces, increasing the number of permanent readiness units, and improving the operational and combat training of troops.

The main threat to state and public security is represented by: terrorism; extremism; intelligence activities of foreign intelligence services; organized crime. In this regard, it is necessary to increase the efficiency of law enforcement agencies and intelligence services, create a unified crime prevention system, and reduce the level of corruption and criminalization of society. Particular attention should be paid to protecting the State Border of the Russian Federation.

One of the strategic goals of national security is to improve the quality of life Russian citizens. The main tasks in this area are to ensure personal safety, availability of comfortable housing, high-quality and safe goods and services, and decent wages. Great importance is attached to economic growth, the development of science, technology, healthcare and education, and the preservation of cultural potential.

This strategy is based on the fundamental position of the relationship and interdependence of the sustainable development of the state and ensuring national security, while national security is ensured by achieving interconnected strategic national priorities, which include: national defense, state and public security; improving the quality of life of Russian citizens, economic growth, science, technology, education, healthcare and culture, ecology and environmental management, strategic stability and equal strategic partnership.

The main attention in this Strategy is focused on issues of ensuring national security within the framework of achieving each of the strategic national priorities according to a single methodological scheme: from threat analysis to measures to neutralize them. Such concepts as “national security”, “national interests of Russia”, “threat to national security”, “strategic national priorities”, “system for ensuring national security”, “forces and means of ensuring national security” are clearly formulated.

National Security - the state of protection of the individual, society and the state from internal and external threats, which makes it possible to ensure constitutional rights, freedoms, decent quality and standard of living for citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the state.

National interests of the Russian Federation- the totality of internal and external needs of the state to ensure security and sustainable development of the individual, society and state.

National Security Threat- direct or indirect possibility of causing damage to constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty and territorial integrity, sustainable development of the Russian Federation, defense and security of the state.

Strategic national priorities- the most important areas of ensuring national security, in which the constitutional rights and freedoms of citizens of the Russian Federation are realized, sustainable socio-economic development and protection of the country’s sovereignty, its independence and territorial integrity are carried out.

National security system - Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal legislation provides for military and (or) law enforcement service, as well as federal authorities state authorities taking part in ensuring the national security of the state on the basis of the legislation of the Russian Federation.

Means of ensuring national security - technologies, as well as technical, software, linguistic, legal, organizational means, including telecommunication channels, used in the national security system for collecting, generating, processing, transmitting or receiving information about the state of national security and measures to strengthen it.

Strategic goals of ensuring national security in the field of state and public security:

  • 1) protection of the foundations of the constitutional system of the Russian Federation, fundamental rights and freedoms of man and citizen;
  • 2) protection of the sovereignty of the Russian Federation, its independence and territorial integrity;
  • 3) preservation of civil peace, political and social stability in society.

The above Strategy identifies the main sources of threats to national security in the field of state and public security:

  • 1) intelligence and other activities of special services and organizations foreign countries and individuals, aimed at harming the security of Russia;
  • 2) activities of terrorist organizations, groups and individuals, which are aimed at violently changing the foundations of the constitutional system, disrupting the normal functioning of government bodies (including violent actions against government, political and public figures), destruction of military and industrial facilities, enterprises and institutions, ensuring the functioning of society, intimidating the population, including through the use of nuclear and chemical weapons or dangerous radioactive, chemical and biological substances;
  • 3) extremist activities of nationalist, religious, ethnic and other organizations and structures aimed at violating the unity and territorial integrity of the state, destabilizing the internal political and social situation in the country;
  • 4) activities of transnational criminal organizations and groups related to the illicit trafficking of narcotic drugs and psychotropic substances, weapons, ammunition, explosives;
  • 5) criminal attacks directed against the person, property, state power, public and economic security, crimes related to corruption.

The Strategy also sets the task of reliable protection and security of the State Border of the Russian Federation.

Threats in the border area are defined as: the presence and possible escalation of armed conflicts near the state border; incompleteness of international legal registration of the state border with individual neighboring states; the activities of international terrorist and extremist organizations to transfer their emissaries, means of terror and organize sabotage to Russian territory; activation of cross-border criminal groups for the illegal movement of narcotic drugs, psychotropic substances, goods and cargo, aquatic biological resources, other material and cultural assets across the state border, organization of illegal migration channels.

The Strategy also pays attention to ensuring national security in emergency situations, which is achieved primarily through the improvement and development of a unified state system of prevention and response. emergency situations natural and man-made in nature and by increasing the efficiency of the implementation of the powers of local governments in this area, updating the fleet of technological equipment and production technologies to potentially dangerous objects and life support facilities, the introduction of modern technical means of informing and alerting the population in places of their mass presence, as well as the development of a system for taking preventive measures to reduce the risk of terrorist acts and mitigate the consequences of man-made and natural emergencies.

As noted above, the most important components and interrelated elements of national security are economic and information security.

Decree of the President of the Russian Federation dated April 29, 1996 No. 608 “On the State Strategy for Economic Security of the Russian Federation” approved the strategy for economic security of the Russian Federation, defined its goal and objects, threats to the economic security of the Russian Federation, criteria and parameters of the state of the economy that meet the requirements of economic security, measures and economic policy mechanisms aimed at ensuring it.

Thus, the decree of the President of the Russian Federation enshrined the constitutional definition that the State Strategy for the Economic Security of the Russian Federation is an integral part of the national security of the Russian Federation as a whole and is focused on the implementation of the economic transformations being carried out in the Russian Federation.

The goal of the State Economic Security Strategy is to ensure such economic development that would create acceptable conditions for the life and development of the individual, the socio-economic and military-political stability of society and the preservation of the integrity of the state, and successfully counter the influence of internal and external threats.

Doctrine information security of the Russian Federation was approved by the President of the Russian Federation on September 6, 2000. It represents a set of official views on the goals, objectives, principles and main directions of ensuring information security of the Russian Federation. The doctrine gives the concept of information security, reveals the main components of the national interests of the Russian Federation in the information sphere and types of threats to information security, and defines methods for ensuring information security.

The concept of information security in this Doctrine is the state of protection of national interests in the information sphere, determined by the totality of balanced interests of the individual, society and the state.

Components of the national interests of the Russian Federation in the information sphere:

  • 1) mandatory compliance with constitutional human rights and freedoms in the field of obtaining information and using it;
  • 2) information support for the state policy of the Russian Federation (bringing to Russian citizens and the international community information about the state policy of the Russian Federation, the official position on significant events in Russia and in the world) with citizens’ access to open government resources;
  • 3) development of modern information technology domestic industry (information means, telecommunications and communications). Providing information technologies and equipment to the Russian domestic market and entering world markets;
  • 4) protecting information resources from unauthorized access, ensuring the security of information and telecommunication systems.

This Doctrine includes the following threats to the information security of the Russian Federation:

  • 1) threats aimed at constitutional human rights and freedoms in the field of information activities;
  • 2) threats to the information support of state policy of the Russian Federation;
  • 3) a threat to the development of modern information technologies of the domestic industry, as well as access to the domestic and world markets;
  • 4) threats to the security of information and telecommunications facilities and systems.

Let us consider the methods of ensuring information security of the Russian Federation in this Doctrine.

  • 1. Legal methods.
  • 1) development of normative legal acts regulating relations in the field of information technology;
  • 2) development of normative methodological documents for those responsible for information security issues of the Russian Federation.
  • 2. Organizational and technical methods:
  • 1) creation of an information security system of the Russian Federation and its improvement;
  • 2) bringing to justice persons who committed crimes in this area;
  • 3) creation of systems and means to prevent unauthorized access to processed information;
  • 4) identification of means and devices that pose a danger to the normal functioning of systems, prevention of interception of information using cryptographic protection means both during the transmission of information and during its storage;
  • 5) control over compliance with information protection requirements;
  • 6) monitoring the actions of personnel who have access to information, training personnel in the field of ensuring information security of the Russian Federation;
  • 7) creation of a system for monitoring information security of the Russian Federation.
  • 3. Economic methods:
  • 1) development of information security programs and their financing;
  • 2) financing of work related to ensuring information security of the Russian Federation.

Therefore, this Doctrine provides the basis for:

  • 1) formation of state policy in the field of ensuring information security of the Russian Federation;
  • 2) preparing proposals to improve the legal, methodological, scientific, technical and organizational support for information security of the Russian Federation;
  • 3) development of targeted programs to ensure information security of the Russian Federation.
  • 8. Legislation and other legal acts on the judiciary and the judicial system.
  • 9. Legal acts on organizational support for the activities of courts (and the bodies implementing it)
  • 10. Legislation of the Russian Federation on the detection and investigation of crimes.
  • 11. Legislation on prosecutorial supervision and prosecutorial authorities.
  • 12. Legislation on the provision of legal assistance.
  • 13.International legal acts on law enforcement.
  • 14. The significance of the decisions of the Constitutional Court of the Russian Federation and decisions of the Plenum of the Supreme Court on law enforcement issues.
  • 15. Concept and characteristics of the judiciary. The relationship between the judiciary and the legislative and executive powers.
  • 16. The concept of the judicial system of the Russian Federation. Main stages of development.
  • 17. Federal court system. General characteristics of courts of general jurisdiction.
  • 18. The concept of the judicial system, judicial authority and jurisdiction.
  • 19. District (city) court is the main link of courts of general jurisdiction.
  • 20.Mid-level courts of general jurisdiction.
  • 22. Military courts of general jurisdiction.
  • 23. Federal arbitration courts of the constituent entities of the Russian Federation.
  • 24.Appellate arbitration courts.
  • Chapter III.
  • 25. District arbitration courts: structure, powers.
  • 26.The Supreme Arbitration Court of the Russian Federation: structure, powers.
  • 27. Constitutional Court of the Russian Federation: structure, formation procedure, powers.
  • 28. Constitutional (statutory) courts of the constituent entities of the Russian Federation. Justices of the peace.
  • 29. Concept and main features of justice.
  • 30. General characteristics of the principles of justice.
  • 3.Independence of judges and their subordination only to the constitution and federal law
  • 10. Participation of citizens in the administration of justice (juries) part 5 of article 32 const, part 3 of article 31 of the criminal code, 326 of the criminal code
  • 32. The principle of administering justice only by the court.
  • 33. The principle of independence of judges.
  • 34. The principle of equality of all before the law and the court.
  • 35. The principle of publicity, openness
  • 37. The principle of presumption of innocence
  • 38. The principle of competition and equality of parties. The principle of the language of legal proceedings.
  • 39. The principle of citizen participation in the administration of justice.
  • 40. Place and role of district (city) courts in the judicial system, organization, structure, powers.
  • 42. Investigative Committee: system, structure, powers.
  • 43. Mid-level court apparatus, its functions
  • 44.The Supreme Court of the Russian Federation as the highest court of courts of general jurisdiction, judicial and organizational functions.
  • 45.Composition, structure and procedure for the formation of the Supreme Court of the Russian Federation.
  • 46. ​​Apparatus of the Supreme Court of the Russian Federation
  • 47. Judicial Department at the Supreme Court of the Russian Federation: legal basis for activities, structure and system of bodies. Tasks, functions, powers.
  • 48. Apparatus of the Constitutional Court of the Russian Federation.
  • 49. Apparatus of the Supreme Arbitration Court of the Russian Federation.
  • Secretariat of the Chairman of the Supreme Arbitration Court of the Russian Federation – editorial group
  • 52.Judges, concept and composition. Formation of the judiciary.
  • 53. Unity of the status of judges. Requirements for judges. Requirements for candidates for judges.
  • 54. Independence and irremovability of judges. Basic guarantees of the independence of judges.
  • 55. The judicial community as an organizational form of ensuring the independence of judges. Bodies of the judicial community.
  • 56. Status of jurors and arbitration assessors
  • 57. The place and role of the prosecutor's office in the system of public authorities.
  • 58. Legal basis for the organization and activities of the prosecutor's office.
  • 59. System of bodies and institutions - prosecutor's office. Principles of organization and activities of the prosecutor's office.
  • 60. The concept, essence and tasks of prosecutorial supervision as the main type of prosecutorial activity.
  • 61. Ministry of Justice of the Russian Federation: legal basis for activities and structure. Tasks, functions and powers.
  • 62. Federal Bailiff Service
  • 63. Ministry of Internal Affairs of the Russian Federation: main tasks and powers, organization of activities.
  • 64. Police: main areas of activity, legal status, principles of activity.
  • Chapter 3. Responsibilities and rights of the police
  • 65. Federal Migration Service of the Russian Federation: tasks, legal status, main areas of activity.
  • 66. Activities and powers of the Commissioner for Human Rights in the Russian Federation.
  • 67.Activities and powers of the Commissioner for Children’s Rights under the President.
  • 68.Legal basis for ensuring state security
  • 69. Bodies of the federal security service: tasks, legal basis for activities.
  • 70.Federal state security bodies: tasks, legal status, main directions.
  • 71. Foreign intelligence agencies of the Russian Federation: system, tasks, main powers.
  • 72. Customs authorities of the Russian Federation: system, tasks, main areas of activity.
  • 73. Drug control authorities in the Russian Federation: system, structure, legal framework and areas of activity.
  • 74.Operational search activities, inquiry and preliminary investigation and the bodies authorized to carry them out.
  • 75.Inquiry bodies, their system, tasks and powers.
  • 76.Preliminary investigation bodies, their system, composition and powers.
  • 77. The concept of advocacy and advocacy
  • 78.Legal basis for the organization and activities of the legal profession.
  • 79. Types of legal assistance.
  • 80.Rights and obligations of a lawyer
  • 81. Acquisition, suspension and termination of the status of a lawyer.
  • 82. Forms of legal entities: law office, law office, bar association, legal consultation
  • 83. Governing bodies of the legal community: Federal Bar Chamber, Bar Chamber of a constituent entity of the Russian Federation, All-Russian Congress of Lawyers, meeting (conference) of lawyers of a constituent entity of the Russian Federation.
  • 84.The notary as a body for providing legal assistance.
  • 85. Empowering a notary and terminating his powers.
  • 86.Rights, duties and responsibilities of a notary.
  • 87. Notary management bodies.
  • 88. Types and procedure for performing notarial actions.
  • Chapter IX. Basic rules for performing notarial acts.
  • 68.Legal basis for ensuring state security

    Federal Law of December 28, 2010 N 390-FZ “On Security”

    Article 5. Legal basis for ensuring security

    The legal basis for ensuring security is the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, federal constitutional laws, the Federal Law “On Security”, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, local government bodies, adopted within the limits of their competence in the field of security.

    69. Bodies of the federal security service: tasks, legal basis for activities.

    Among the organs executive branch The FSB should be singled out as a special security entity.

    The FSB bodies are an integral part of the security forces of the Russian Federation and, within the powers granted to them, ensure the security of the individual, society and the state. The activities of the FSB bodies are managed by the President and the Government.

    The FSB bodies are a single centralized system, which includes:

    Federal Security Service

    Directorates (departments) federal service security of the Russian Federation for individual regions and constituent entities of the Russian Federation (territorial security authorities)

    Directorates (departments) of the federal security service in the armed forces of the Russian Federation, troops and other military formations, as well as in their governing bodies

    Territorial security agencies and military security agencies are directly subordinate to the federal security service. The federal security service agencies are subordinate to enterprises, educational institutions, research, expert and military medical institutions and units. The FSB is headed by the director of the Federal Security Service of the Russian Federation as a federal minister.

    Legal basis of activity

    Decree of the President of the Russian Federation of July 6, 1998 No. 806 “On approval of the Regulations on the Federal Security Service of Russia and its structure”

    Tasks

    The activities of the FSB bodies are carried out in the following areas:

    Intelligence activities

    Counterintelligence activities

    Fighting crime

    Ensuring the security of the borders of the Russian Federation

    Ensuring the security of government communications and information

    70.Federal state security bodies: tasks, legal status, main directions.

    Federal Law of May 27, 1996 N 57-FZ (as amended on December 8, 2011) “On State Protection”

    Legal basis of state protection: state protection is carried out on the basis of the Constitution of the Russian Federation, federal constitutional laws, this Federal Law, and others federal laws and other regulatory legal acts of the Russian Federation, as well as international treaties of the Russian Federation.

    Main tasks State security bodies are:

    1) forecasting and identifying threats to the safety of state security facilities, implementing a set of measures to prevent this threat;

    2) ensuring the safety of state security facilities;

    3) ensuring, within the limits of their powers, the organization and functioning of communications for the needs of public authorities;

    4) participation, within the limits of their powers, in the fight against terrorism;

    5) ensuring the protection of protected objects;

    6) identification, prevention and suppression of crimes and other offenses at protected objects and on routes of passage (movement) of state security objects;

    7) ensuring the organization and functioning of federal information systems owned or used by state security bodies;

    8) participation, within the limits of their powers, in ensuring the information security of the Russian Federation.

    Legal status: State security bodies obliged :

    1) identify, prevent and suppress criminal and other illegal encroachments on objects of state protection and protected objects;

    2) organize and carry out security, security, technical and other measures to ensure the safety of state security objects at protected sites and on the routes of passage (movement) of state security objects;

    3) maintain public order necessary to ensure the safety of state protection facilities at protected sites and on the routes of travel (movement) of state protection facilities, take measures to eliminate circumstances that impede the implementation of state protection;

    4) provide, if necessary, escort of vehicles carrying objects and others (13 in total)

    Rights state security authorities

    1) attract security forces and means necessary to participate in the preparation and conduct of security measures or the protection of protected objects;

    2) carry out operational investigative activities in accordance with federal legislation on operational investigative activities;

    3) carry out verification of identity documents, as well as documents for vehicles and transported goods; carry out a personal search (inspection), a search (inspection) of things on them, a search (inspection) of vehicles and transported goods, including with the use of technical equipment and service animals;

    4) document, photograph, record, film and video facts and events;

    5) detain and deliver to the office premises of the internal affairs body (police), the premises of a municipal body or to other office premises of persons suspected of committing crimes or other offenses at protected facilities and on the routes of passage (movement) of state security facilities, committing or have committed such crimes or misdemeanors;

    And others (total 16)

    Directions

    objects of state protection- persons subject to state protection in accordance with this Federal Law

    protected objects- buildings, structures, structures adjacent to them land plots(water bodies), territories (water areas), the protection of which is carried out by state security authorities in order to ensure the safety of state protection objects; buildings, structures, structures that are under the operational management of state security authorities, as well as land plots that are in constant (indefinite) use of state security authorities; buildings, structures, structures, land plots and water bodies provided for use by state security authorities;

    State protection is carried out on the basis following measures:

    1) providing the object of state protection with personal security, information about the threat to its safety, transport services, consumer services and provision, safe food, as well as ensuring its sanitary and epidemiological well-being;

    2) prevention, detection and suppression of criminal and other illegal attacks on objects of state protection and protected objects;

    3) carrying out measures to ensure the maintenance of public order at protected sites, as well as on the routes of passage (movement) of state security objects;

    4) protection of protected objects, provision of access and intra-facility regimes at protected objects;

    5) organizing communications for the needs of government bodies, ensuring reliable operation and information security of communications when provided to the President of the Russian Federation, the Government of the Russian Federation, and other government bodies, including in wartime and in emergency situations;

    6) organization of federal information systems for information technology and information analytical support for the activities of the President of the Russian Federation, the Government of the Russian Federation, and other government bodies, as well as ensuring the reliable functioning of these systems and their information security, including in wartime and in emergency situations

    Federal security service agencies, internal affairs agencies of the Russian Federation and internal troops of the Ministry of Internal Affairs of the Russian Federation, foreign intelligence agencies of the Russian Federation, the Armed Forces of the Russian Federation and other state security agencies participate in ensuring the security of state security facilities and the protection of protected facilities within the limits of their powers. .

    State protection is provided:

    To the President of the Russian Federation

    Chairman of the Government of the Russian Federation;

    Chairman of the Federation Council of the Federal Assembly of the Russian Federation;

    Chairman of the State Duma of the Federal Assembly of the Russian Federation;

    Chairman of the Constitutional Court of the Russian Federation;

    To the Chairman Supreme Court Russian Federation;

    Chairman of the Supreme Arbitration Court Russian Federation;

    Prosecutor General of the Russian Federation;

    Chairman of the Investigative Committee of the Russian Federation.

    members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, federal civil servants and other persons

    On December 7, 2010, the State Duma of the Russian Federation adopted Federal Law N 390-FZ “On Security”. In Art. 1. The following is defined as the subject of regulation of the Federal Law:

    1) the basic principles and content of activities to ensure state security, public safety, environmental safety, personal safety, and other types of security provided for by the legislation of the Russian Federation;

    2) powers and functions of federal government bodies of the Russian Federation;

    3) powers and functions of public authorities of the constituent entities of the Russian Federation;

    4) powers and functions of local government bodies in the field of security;

    5) status of the Security Council of the Russian Federation.

    The basic principles of ensuring security in the Russian Federation are:

    1) observance and protection of human and civil rights and freedoms;

    2) legality;

    3) systematic and comprehensive application of political, organizational, socio-economic, information, legal and other security measures;

    4) priority of preventive measures to ensure safety;

    5) interaction of federal government bodies, government bodies of constituent entities of the Russian Federation, other government bodies with public associations, international organizations and citizens in order to ensure security (Article 2.).

    1) forecasting, identification, analysis and assessment of security threats;

    2) determining the main directions of state policy and strategic planning in the field of security;

    3) legal regulation in the field of security;

    4) application of special economic measures to ensure security;

    5) organization of scientific activities in the field of security;

    6) coordination of the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies in the field of security;

    The main directions of state policy in the field of security are determined by the President of the Russian Federation (Article 4).

    The legal basis for ensuring security in Russia is:

    Generally recognized principles and norms of international law, international treaties of the Russian Federation.

    · Constitution of the Russian Federation.

    · Federal constitutional laws.

    · Federal laws and other regulatory legal acts of the Russian Federation.

    · Laws and other regulatory legal acts of the constituent entities of the Russian Federation, local government bodies, adopted within their competence in the field of security (Article 5.).

    Let us note that these constitutional norms are formulated in accordance with Art. 22 Universal Declaration of Human Rights. Personal security, of course, includes social security as a set of social rights of the individual provided by the state.

    The main task of law. With all variants of its understanding:

    1. Is the regulation of social relations.

    2. That is managing them through the adoption of a written act (document of law).

    3. A document that is categorical, binding, and universal.

    4. This creates legal relations (assigning responsibilities to some and granting rights to others).

    The “new anthropocentrism” paradigm and environmental law. Environmental legal imperatives are still poorly rooted in the public consciousness of post-Soviet Russia: this society is not ready to put environmental interests above financial ones. Mostly technocratic social consciousness stored and reproduced by the main dominants Russian education, focused on direct empirical experience. Bearers of environmental interests (respectively, subjects of environmental rights) perform only citizens, organized and unorganized, represented by individuals and groups, associations and the population as a whole.

    The specificity of the environmental legal structure is that for a person to live in favorable conditions and safe environment habitats and environmental lawmaking should be directed on legal protection people:

    1) from the consequences of the destructive effects of nature (hurricanes, earthquakes, floods, etc.);

    2) from the negative consequences of urbanization and the activities of the military-industrial complex, industrial development; man-made accidents;

    3) from people, from encroachment on the life and property of citizens, respect for their rights;

    4) from poverty and poverty ─ the human dimension in ecology.

    A worldview in the spirit of “new atropocentrism” should change the economic criterion economic activity:

    1) not only a minimum of costs for products, but also a minimum of damage to humans;

    2) not just narrowly environmental ones, but socio-political priorities related to the preservation and conservation of the population and the increase in human capital come to the fore;

    3) ensuring a decent level and quality of life by modern standards in a favorable environment;

    4. security of the individual, society, state.

    The Latin concept "humanitas" originally meant the desire for development human dignity in spite of the long-term devaluation of everything connected with human life.

    Russian President Dmitry Medvedev approved the decree “On the National Security Strategy of the Russian Federation until 2020.” The Russian Federation's national security strategy is "fundamentally interconnected" with the concept of economic development: "This strategy is a basic document for planning the development of the national security system of the Russian Federation, which sets out the procedure and measures to ensure national security. It is the basis for constructive interaction between government bodies, organizations and public associations to protect the national interests of the Russian Federation and ensure security individuals, society and state,” the Strategy notes.

    The main objective of the Strategy “is to create and maintain internal and external conditions by national security forces that are favorable for the implementation of strategic national priorities.”

    However, the “Concept of National Security of the Russian Federation (Concept)” was adopted earlier in 1997. In it, the national security of the Russian Federation is understood as - her safety multinational people as the bearer of sovereignty and the only source of power in the Russian Federation. At the same time, the most important components of Russia’s national interests are identified: protection of the individual, society and state from terrorism, including international, as well as from emergency situations of natural and man-made nature and their consequences, and in wartime - from dangers arising during the conduct of military operations or as a result of these actions.

    In developed European countries, providing every citizen with vital the required minimum benefits and health are included in the content of the concept of B. and this is both significant and natural and corresponds to the ideas of justice. The authors of the Concept formally could not help but admit that threat national security of Russia in the social sphere is created deep stratification of society on a narrow circle of the rich and the overwhelming majority of low-income citizens, an increase in the proportion of the population living below the poverty line, and an increase in unemployment.

    Today, the content of the definition of “security” is not determined by military force, and socio-economic achievements that satisfy a person’s legitimate aspiration to freedom, equality, justice, well-being and, accordingly, to life and health. The idea that national security involves priority domestic social (political, economic, cultural) programs. Despite everything, so far only some Russian authors in academic publications manage to go beyond highly specialized, technical understanding security as an “emanation” exclusively from the power structures of the state.

    The movement towards security in Russia, in our opinion, is limited by the real state of development of the Russian Federation. Neither the Russian authorities nor Russian society have an answer to two main questions. Firstly, which ones actually philosophical and ideological foundations, could a concept of security for a person living in Russia be built? And, secondly, have we developed a modern form of statehood ─ a nation ─ a state capable of developing an original, its own doctrine of national security? Undecided general issues that cannot be resolved and private.

    The term human security allows us to connect the problem of human social security with his rights, which are enshrined in the Constitution of the Russian Federation. In a social state, the rights and freedoms of man and citizen include human rights to ensure life, health, freedom and favorable living environment, personal security, security of family and property. The Russian social state recognizes its obligation to accept all necessary measures to ensure these rights. Article 17 of the Constitution of the Russian Federation states: “1. In the Russian Federation, the rights and freedoms of man and citizen are recognized and guaranteed in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution. 2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth. 3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.”

    Article 20 establishes that: “1. Everyone has the right to life. 2. Death penalty pending its abolition, may be established by federal law as an exceptional measure of punishment for especially serious crimes against life, while granting the accused the right to have his case examined by a court with the participation of a jury.”

    In strict accordance with modern international law, the Constitution of the Russian Federation establishes fundamental rights (life and health, labor, etc.) and human freedoms inalienable, directly valid and belonging to everyone from birth:

    a) life;

    b) free work in conditions that meet safety and hygiene requirements, and forced labor is prohibited;

    e) rest;

    f) health care and medical care free of charge at the expense of the relevant budget, insurance premiums, and other revenues;

    g) a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense (Articles 20, 37, 41, 42).

    Security covers almost all aspects of people’s lives and in this regard, its legal basis includes legislation in the field of human and civil rights, health and environmental law and labor legislation. It can be presented in hierarchical form:

    I. Constitution of the Russian Federation; Constitutions of the republics within the Russian Federation.

    II. Basic Federal Laws on the protection of life and health:

    2.1. Fundamentals of the legislation of the Russian Federation on the protection of public health.

    2.2. FR "0 sanitary and epidemiological welfare of the population."

    2.3. Federal Law of the Russian Federation “On Education”.

    2.5. Other Federal Laws and other legislative acts of the Russian Federation and republics within the Russian Federation adopted in accordance with them.

    III. Legal acts autonomous regions, autonomous okrugs, territories, regions, cities. Moscow and St. Petersburg.

    Along with this hierarchy, there are a number of special laws of the Russian Federation on security.

    1. Federal Law of the Russian Federation “On Security”, developing the provisions of the Code of the Russian Federation on the primacy of the rights and freedoms of man and citizen, established duty Russian State ─ ensure the safety of every citizen on the territory of the Russian Federation.

    2. Federal Law "On industrial safety hazardous production facilities" regulates social relations arising in sources of increased danger (HS).

    4. In the Federal Law “On fire safety» the general legal, economic and social foundations for ensuring fire safety in the Russian Federation are determined.

    5. Federal Law "On the protection of the population and territories from natural and man-made emergencies". The Federal Law determines the organizational and legal norms common to the Russian Federation in the field of protecting the population on the territory of the Russian Federation, all land, air, water space within the Russian Federation, industrial and social facilities, as well as the natural environment from emergency situations (emergency situations) of a natural and man-made nature .

    Legal basis for ensuring public safety

    The most important element legal system ensuring the security of the Russian Federation are federal constitutional laws and federal laws.

    The legal aspects of the security problem have become the subject of scientific research relatively recently. This fully applies to security legislation. The period of active development of the legal framework for ensuring public safety begins simultaneously with constitutional reforms in the country in the early 90s of the 20th century.

    In 1992, the Law of the Russian Federation “On Security” was adopted, which served as the basis for the formation legal framework public safety systems in the country. The law was adopted almost a year earlier than the Constitution of the Russian Federation, as a result of which some of its provisions began to contradict the norms of the Basic Law of the state, this explains the introduction of many amendments and additions to this law. N.M. draws attention to this, in particular. Samorodov, who writes that “the wording of Art. 7 of the Law of the Russian Federation “On Security”, which is directly related to the observance of the rights and freedoms of citizens while ensuring their safety, does not comply with the provisions of paragraph 2 of Art. 24 and paragraph 3 of Art. 55 of the Constitution of the Russian Federation. Therefore, the law has actually ceased to be applied and taken into account in the formation of the regulatory legal framework regulating issues of national security.”

    For this reason, from 2008 to 2010, entities with legislative initiative began to make active attempts to develop and adopt a new federal law. In order to “consolidate the efforts” of federal and regional authorities, as well as public institutions, organizations and citizens, the “National Security Strategy of the Russian Federation until 2020” was adopted, approved by Decree of the President of the Russian Federation of May 12, 2009 No. 37. Due to the fact that the law “On Security” in force at that time could not actually regulate the security sector. The National Security Strategy became the fundamental document on which all subsequent legislative acts were adopted. Thus, it became the foundation for both the further development of the security system, its types (including public security), and the transition to a “new state policy in the field of security.” At the same time, in accordance with the Federal Law of June 28, 2014 No. 172-FZ “On Strategic Planning in the Russian Federation,” the National Security Strategy became one of three strategic planning documents developed at the federal level within the framework of goal setting. Art. 18 of this law indicates the possibility of adjusting the Strategy every six years. In this regard, in December 2015, by Decree of the President of the Russian Federation of December 31, 2015 No. 683, a new National Security Strategy of the Russian Federation was approved. Based on the provisions of the National Security Strategy of the Russian Federation until 2020, the current Federal Law of December 28, 2010 No. 390-FZ “On Security” was adopted (as amended on October 5, 2015 No. 285-FZ). In contrast to the Law of the Russian Federation “On Security” of March 5, 1992, Federal Law of the Russian Federation No. 390-FZ defined in more detail the basic principles of security (with the exception of the principle of legality, the other four principles are new categories), the main directions and content, coordination of security activities (taking into account the systemic and complex nature of relations), as well as international cooperation in this area. The law, along with other types of national security, defines the principles and content of public security.

    A new stage in the development of the institution of public security was the Concept of Public Security in the Russian Federation, approved on November 14, 2013 by the President of the Russian Federation (No. Pr-2685), which defined the concept, the main sources of threats to public security, goals, objectives, principles and main areas of activity for its provision until 2020 (hereinafter - KOB). In accordance with the COB, public safety is understood as the state of protection of a person and citizen, material and spiritual values ​​of society from criminal and other unlawful attacks, social and ethnic conflicts, as well as from natural and man-made emergencies. The fundamental nature of this type of national security, the danger of various sources of threats, and the multi-level structure of security entities predetermined a complex system legal regulation ensuring public safety.

    This system covers all levels of modern legal regulation in the Russian Federation (federal, regional, local, departmental). As is known, the main feature of law is its consistency, without which law cannot function normally. Therefore, the legal basis for ensuring public safety is a set of interrelated, internally consistent normative legal acts containing legal principles and norms aimed at the legal regulation of public relations in the field of ensuring public safety in order to streamline, protect and develop them in accordance with public needs. These legal principles and norms are designed to regulate: firstly, the organization of the system for ensuring public security (main tasks, principles of organization, internal structure; forces and means; the place of this system itself in the mechanism of the state); secondly, the main directions (functions) of ensuring public safety in various fields life activity; thirdly, the parameters of the activity of the system for ensuring public safety (the rights and responsibilities of state bodies to carry out law-making, law enforcement and control and supervisory activities, the procedure for their use of available forces, forms and methods; the procedure for using special means; the procedure for relations with state and non-state institutions that are not part of this system).

    Legal regulation of public safety can be considered as “carried out using a system legal means(legal norms, legal relations, individual regulations, etc.) effective, normative and organizational impact on social relations” in order to streamline, protect, and develop them in accordance with social needs. Presenting legal regulation as a process in which three main stages are distinguished: the formation and operation of legal norms; emergence of rights and obligations (legal relations); implementation of rights and obligations, we note that the “core” of legal regulation is the normative aspect - the development and legal consolidation (establishment) of norms (rules) of people’s behavior, and the main source of law for creating a legal basis for ensuring public safety is a normative legal act as one of the most effective ways consolidation of legal norms regulating important issues of ensuring public safety.

    It should be noted that no country has a comprehensive set of safety legislation, as there is no boundary between it and ordinary legislation. The norms that relate to the field of security are distributed across many legal acts of different branches of law and are contained in various regulatory legal acts state (constitutions, laws, court decisions and customs) in accordance with the hierarchy of sources of law that exists in each country.

    As is known, a hierarchical system of sources Russian law to ensure the security of the Russian Federation are:

    1) Constitution of the Russian Federation;

    2) international treaties and agreements concluded or recognized by the Russian Federation;

    3) federal constitutional laws;

    4) federal laws;

    5) decrees and orders of the President of the Russian Federation;

    6) resolutions and orders of the Government of the Russian Federation;

    7) constitutions (charters) and other normative legal acts of public authorities of the constituent entities of the Russian Federation;

    8) charters and other regulatory legal acts of local self-government bodies, adopted within their competence in accordance with the Constitution, federal constitutional laws and federal legislation;

    9) regulations bodies and security forces adopted within their competence in accordance with the Constitution, federal laws and other regulatory legal acts of the Russian Federation in force in the field of security.

    The objective need for a strict hierarchy is that this is the only way to achieve unity of state regulation in the field of public security.

    The leading role in regulating public relations in the field of ensuring the country's security belongs to the Constitution of the Russian Federation as a normative legal act of the highest legal force in the country, therefore, unlike other normative legal acts, it is often called the legal charter, the Basic Law.

    Constitutional legal norms define the fundamental rights and freedoms of citizens of the Russian Federation, consolidate the system of legislative, executive and judiciary, ensuring public safety, determine them constitutionally legal status.

    Analysis legal norms The Constitution of the Russian Federation shows that the term “security” is used repeatedly, for example, personal rights and freedoms are proclaimed in Chapter 2 (Articles 22, 23, Part 1, Article 82; Part 2, Article 74; Part 3, Art. 37; clause “m”, art. 72; clause “g”, art. 84; ); restrictions on the rights and freedoms of man and citizen (Part 5 of Article 13; Articles 20, 21, 23, 24, 28, 34, 40, 46–54, 55, 56). The Constitution of the Russian Federation introduces the term “security”, which means “state security” (clause “d”, part 1, article 114). Mention is also made of ensuring “environmental safety” as an area of ​​joint jurisdiction of the Russian Federation (clause “e” of Part 1 of Article 72), and otherwise of “state security” (Part 5 of Article 13 and Part 3 of Art. 55), about “security and integrity of the state” (Part 1, Article 82.). At the same time, the Constitution of the Russian Federation identifies two priority concepts - “defense” and “security” (part 3 of article 55, paragraph “m” of article 71, paragraph “e” of part 1 of article 114).

    The Constitution of the Russian Federation uses such concepts as “state security” (Articles 13, 56), “state security” (Article 114), “security” (Article 71), “public safety” and “environmental safety” ( Art. 72). It follows from this that, according to the Constitution of the Russian Federation, the following must be ensured: “the security of the Russian Federation” (Article 1); “public safety” (Article 72); “state security” (Articles 13, 82); “state security” (Article 114); “safety of people” (Article 74); “safety of citizens” (Article 56); “protection of the constitutional order” (Article 56); “ecological safety” (Article 72).

    As we see, the Constitution of the Russian Federation distinguishes between the concepts of “state security” and “public security”. State security is spoken of in relation to the state as a whole, and this function falls under the exclusive jurisdiction of the Russian Federation. The joint responsibility of the Russian Federation and the constituent entities of the Federation is to ensure “legality, law and order, public safety” (clause “b”, part 1, article 72). Thus, ensuring the state security of Russia is entrusted to the state as a whole, and the subjects of the Federation, non-state structures, citizens are not vested with functions and powers to ensure state security.

    International legal treaties, agreements, etc. play an important role in the system of legal security. Such documents include: the Universal Declaration of Human Rights of 1948; International Covenant on Economic, Social and Cultural Rights 1976; International Covenant on Civil and Political Rights of February 23, 1972; Optional Protocol to the International Covenant on Civil and Political Rights of 1966 and a number of other acts. The norms of international law enshrined in them formed the basis for the provisions of the Constitution and legislation of the Russian Federation regarding the fundamental rights of citizens and their restrictions in the field of public safety.

    The most important element of the legal system for ensuring the security of the Russian Federation is federal constitutional laws and federal laws. For example, since 1991, over thirty of them have been adopted in our country. Each of them, conceptually, is aimed at eliminating the gap in legal relations in the sphere of ensuring Russia’s security. The most important of them are: Federal Constitutional Law of the Russian Federation of May 30, 2001 No. 3-FKZ “On a State of Emergency”; Laws of the Russian Federation: dated December 27, 1991 No. 2124-1 “On the Mass Media”, dated March 8, 1993 No. 5485-1 “On State Secrets”; Federal laws of the Russian Federation: dated July 7, 2003 No. 126-FZ “On Communications”; dated July 27, 2006 No. 149-FZ “On information, informatization and information protection”; dated May 31, 1996 No. 61-FZ “On Defense”, etc.

    Among them, the basic law is the Federal Law of December 28, 2010 No. 390-FZ “On Security”, the adoption of which marks an important stage in the history of regulatory support in the area under consideration. For the first time, it lists the types of security, defines the legal basis and mechanism for ensuring it.

    Another equally important regulatory legal act is the Federal Law of 1996 “On Defense”, which defines the foundations and organization of the defense of the Russian Federation, the powers of government bodies of Russia, the functions of government bodies of the constituent entities of the Russian Federation, organizations and their officials, the rights and responsibilities of citizens of the Russian Federation in the field of defense, forces and means attracted for defense, as well as liability for violation of the legislation of the Russian Federation in the field of defense. This law establishes military service for citizens of the Russian Federation. In accordance with this law, for the purpose of defense, the Armed Forces are created, which form the basis of the defense of the Russian Federation, other troops are involved in defense (Rosgvardia, railway troops, FAPSI troops and civil defense). To carry out certain tasks in the field of defense, military formations under federal executive authorities (engineering, technical and road construction), as well as bodies of the Foreign Intelligence Service, FSB, Border Service FSB, government communications and information, state security, provision of mobilization preparation.

    The Federal Law “On Defense” prohibits the creation and existence of formations that have a military organization or weapons and military equipment, or involving the passage military service not provided for by federal laws.

    The 1997 Federal Law “On mobilization preparation and mobilization in the Russian Federation” establishes the rights, duties and responsibilities of state authorities, local governments, as well as organizations, regardless of their form of ownership, and their officials, citizens of the Russian Federation in this area.

    The 1993 Law of the Russian Federation “On State Secrets” regulates relations arising in connection with the classification of information as state secrets, their declassification and protection in the interests of ensuring the security of the Russian Federation. The provisions of this Law are binding on the territory of the Russian Federation and beyond its borders by bodies of representative, executive and judicial authorities, local self-government, enterprises, institutions and organizations, regardless of their legal form and form of ownership, officials and citizens of the Russian Federation who have assumed obligations or are obliged by their status to fulfill the requirements of the legislation of the Russian Federation on state secrets.

    The basis of the legal regulation of ensuring public safety is the norms of constitutional, administrative, civil, criminal, criminal procedural and civil procedural law. Constitutional legislation as the basis of sectoral legislation must correspond to the dynamics of ongoing events in the world and in Russian society, which makes it possible to timely adjust sectoral laws and adequately respond to threats to national security. Norms civil law regulate property and personal non-property relations associated with them, based on the principles of property and administrative independence of state bodies that form the system of ensuring public security in Russia. The norms of criminal and criminal procedural law regulate relations related to the investigation of crimes within the competence of state bodies that form the system of ensuring public safety. The norms of administrative law regulate the formation of a system for ensuring public security, its structure, position in the state mechanism, main areas of activity, relationships between government bodies, non-governmental organizations and individuals. Accordingly, the activities of state authorities and local governments regulated by administrative legal norms to ensure the implementation of administrative and public security requirements established in regulatory and individual legal acts for individuals and legal entities can be defined as administrative and public security.

    The main task defined in the legislation on administrative offenses is to ensure public safety (Article 1.2 of the Code of Administrative Offenses of the Russian Federation). The Code of Administrative Offenses of the Russian Federation provides administrative responsibility for violation of fire safety (Article 8.32), sanitary safety (Article 8.31), industrial safety (Article 9.1), safety of hydraulic structures (Article 9.2). Chapter 11 of the Code of Administrative Offenses of the Russian Federation is devoted to the consideration administrative offenses in transport (Article 11.1, 11.2, 11.5, 11.6, 11.10), Chapter 12 - administrative offenses in the field traffic(Article 12.5, 12.6, 12.34), Chapter 20 – administrative offenses encroaching on public order and public safety.

    In the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) criminal law regulate relations in the sphere of public safety that arise when the most socially dangerous acts (crimes) are committed. For example, Chapter 24 of the Criminal Code of the Russian Federation provides criminal liability for crimes against public safety: terrorism (Article 205 of the Criminal Code of the Russian Federation), banditry (Article 209 of the Criminal Code of the Russian Federation), mass riots (Article 212 of the Criminal Code of the Russian Federation), as well as crimes in the sphere of production, in violation of safety rules at explosive objects (Article 217 of the Criminal Code of the Russian Federation), at nuclear power facilities (Article 215 of the Criminal Code of the Russian Federation), fire safety (Article 219). Chapter 32 of the Criminal Code of the Russian Federation provides for criminal liability for crimes against the order of management, namely, an encroachment on the life of a law enforcement officer (Article 317), violation of the rules of service for the protection of public order and ensuring public safety (Article 343).

    In the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), civil law norms are used to regulate the provision of public safety of individuals and legal entities, as well as the state. So, in Art. 1 of the Civil Code of the Russian Federation talks about ensuring the defense of the country and the security of the state. Civil law rules are used to establish civil liability for harm caused. So, in accordance with Art. 1079 Civil Code of the Russian Federation legal entities and citizens whose activities are associated with an increased danger to others are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose as a result of force majeure or the intent of the victim.

    Another important regulatory legal act regulating public relations in the field of ensuring public security is the National Security Strategy of the Russian Federation (hereinafter referred to as the Strategy). The strategy is a basic document for planning the development of the National Security Council of the Russian Federation, which sets out the procedure for action and measures to ensure national security.

    The Strategy defines the elements of the national security system: “national interests of the Russian Federation”, “threat to national security”, “strategic national priorities”, as well as the SONB as “forces and means of ensuring national security”. At the same time, the forces for ensuring national security are “the Armed Forces of the Russian Federation, other troops, military formations and bodies in which federal legislation provides for military and (or) law enforcement service, as well as federal government bodies taking part in ensuring the national security of the state on the basis legislation of the Russian Federation; means of ensuring national security - “technologies, as well as technical software, linguistic, legal, organizational means, including telecommunication channels, used in the system of ensuring national security for collecting, generating, processing, transmitting and receiving information about the state of national security and measures to strengthen it "

    It seems that such a definition of the National Security Council is inaccurate, since it does not take into account the role of the non-state (public) National Security Council, which is an integral part of the holistic general National Security Council of any democratic country. The initial prerequisites for its existence are: firstly, the presence of such a type of management as public; secondly, the difference between the state and civil society; thirdly, recognition of the priority of personal security over the security of society and the state. The public SONB includes local governments, non-state security services and detective agencies, non-state (private) notaries, the bar, public associations and individual citizens. Therefore, the SNSS should be considered as a set of state and non-state systems, the joint functioning of which creates stability in the state and the necessary balance of interests of the individual, society and the state.

    Among the regulatory legal acts, one can also name the Military Doctrine of the Russian Federation, which is a set of official views (attitudes) that define the military-political, military-strategic and military-economic foundations for ensuring the military security of the Russian Federation. This doctrine lists, among the main tasks of the Armed Forces of the Russian Federation and other troops participating in internal armed conflicts, ensuring public security and stability, maintaining the legal regime of a state of emergency in the conflict area and strengthening the protection of public order and security in areas adjacent to the conflict area .

    In the system of legal regulation under consideration, departmental and local regulations in the field of security should also be highlighted. These include regulations that are issued by bodies of special competence and apply to the conduct of administrative affairs and the behavior of persons included in the relevant subsystems of public administration (ministry, service, agency, management, etc.). Systematization of the content of these documents shows that they define: objects of public safety; features of possible dangers and threats in various spheres of life, as well as in emergency situations; content of technical and economic aspects when working with classified information, etc.

    Thus, the sphere of public security, which includes public relations related to the prevention or elimination of threats to the life and health of people, property, the environment, state and public institutions, is regulated by almost all branches of law of the Russian Federation. However, the current state of the Russian legal system in the field of ensuring public safety is at the stage of formation. The fundamental regulatory legal acts in the field of ensuring public safety are the Federal Law “On Security”, the National Security Strategy of the Russian Federation, the Concept of Public Security of the Russian Federation. The main task of improving this area is the formation of a flexible legal system that adequately responds to ongoing economic and socio-political changes in the country, guaranteeing the necessary level of public safety. It is relevant to systematize legislation in the field of ensuring public safety in areas of public relations and in branches of law. In order to improve federal legislation, it is advisable to adopt the Federal Law “On the National Security of the Russian Federation” and other legal regulations arising from the Concept of Public Security (CPS).

    It should be borne in mind that, in accordance with the COB, at the second stage of its implementation (2017–2020), comprehensive targeted programs for the prevention of crime must be approved, and monitoring of their implementation is planned. Moreover, federal and regional programs are considered by the Federal Law of June 23, 2016 No. 182-FZ “On the fundamentals of the prevention system in the Russian Federation” as the main planning and political documents for crime prevention. They must contain a specific program of practical actions agreed on goals, objectives, conditions, place and time to ensure public safety. The meaning of the COB also implies the need for legal regulation of ensuring public safety at the regional and local levels. One should agree with the opinion of a leading expert in the field of security, Professor A.M. Voronov, on the advisability of adopting regional laws “On Public Security”. Within the limits of their competence, local government bodies have the right to adopt normative legal acts to ensure public safety.

    Footnotes:

    See about this, for example: Galuzin A.F. Legal security and its principles. – St. Petersburg: Publishing house of R. Aslanov “Legal Center Press”, 2008. – P. 5–10, etc.; Legal basis for ensuring national security of the Russian Federation / Ed. A.V. Opaleva. – M., 2004.

    Samorodov N.M. Improving the legal framework for ensuring national security in the Russian Federation // Constitutional and municipal law. – 2011. – No. 5. – P. 19.

    Alekseev S.S. General theory rights. T. 1. – M., 1982. – P. 289.

    Alekseev S.S. Decree. Job. T. 2. – P. 26.

    Alekseev S.S. Decree. Job. T. 1. – P. 287.

    Kardashova I.B. Ministry of Internal Affairs of Russia in the system of ensuring national security of the Russian Federation. dis. ... Doctor of Law. Sci. – M., 2006. – P. 95.

    “Universal Declaration of Human Rights” (Adopted on December 10, 1948 by the UN General Assembly) // Russian newspaper. – 1995. April 5.

    International Covenant of December 16, 1966 “On Economic, Social and Cultural Rights” // Bulletin of the Supreme Court of the Russian Federation. – 1994. – No. 12.

    International Covenant of December 16, 1966 “On Civil and Political Rights” // Bulletin of the Supreme Court of the Russian Federation. – 1994. – No. 12.

    International Covenant of December 16, 1966 “On Civil and Political Rights”; Optional Protocol to the International Covenant “On Civil and Political Rights” of December 19, 1966 // Bulletin of the Supreme Court of the Russian Federation. – 1994. – No. 12.

    Federal Law of December 28, 2010 No. 390-FZ “On Security” // SZ RF. – 2011. – No. 1. – Art. 2.

    Federal Law of May 31, 1996 No. 61-FZ “On Defense” (as amended on November 9, 2009) // SZ RF. – 1996. – No. 23. – Art. 2750.

    Federal Law of February 26, 1997 No. 31-FZ “On mobilization preparation and mobilization in the Russian Federation” (as amended on March 9, 2010) // Russian newspaper. – 1997. May 3.

    Law of the Russian Federation of July 21, 1993 No. 5485-1 “On State Secrets” (as amended on March 8, 2015) // Russian newspaper. – 1993. September 21.

    Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on April 3, 2017) // SZ RF. – 1996. – No. 25. – Art. 2954.

    Civil code Russian Federation (part one" dated November 30, 1994 No. 51-FZ (as amended on March 28, 2017) // Russian newspaper. - 1994. December 8; Civil Code of the Russian Federation (part two) dated January 26, 1996 . No. 14-FZ (ed. dated March 28, 2017) // Russian newspaper - 1996. February 6–10;

    On the National Security Strategy of the Russian Federation. Decree of the President of the Russian Federation of December 31, 2015 No. 683 // SZ RF. – 2016. – No. 1 (part II). – St. 212.

    Decree of the President of the Russian Federation of February 5, 2010 No. 146 “On the Military Doctrine of the Russian Federation” // Rossiyskaya Gazeta. – 2010. February 10.

    Federal Law of June 23, 2016 No. 182-FZ “On the fundamentals of the prevention system in the Russian Federation” // SZ RF. – 2016. – No. 26 (Part 1). – St. 3851.

    Voronov A.M. Public safety concept: issues legal implementation// Fifth Perm Congress of Legal Scientists (Perm, October 34–25, 2014). Selected materials / Rep. ed. V.G. Golubtsov, O.A. Kuznetsova. – M.: Statute, 2015.

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    INTRODUCTION

    state national security

    The need for security is one of the basic motivational sources of human life, and social organization is a way of ensuring normal living conditions, a means of jointly countering natural and social threats.

    The global transformations taking place in the modern world, along with positive consequences, entail the emergence of new threats and intensify the effects of previously existing threats, while the nature and degree of danger of the threats are changing. In such conditions, the state becomes the main subject of ensuring security, state means of countering threats of various natures and various degrees danger.

    In this regard, the National Security Strategy of the Russian Federation until 2020 states that “in the context of globalization of world development processes, international political and economic relations, creating new threats and risks for the development of individuals, society and the state, Russia as a guarantor successful national development is moving to a new state policy in the field of national security.”

    New challenges and threats have changed the content and direction of the Russian Federation’s activities to ensure national security. The state, focusing on the optimal development of social relations, creates security mechanisms. This category in the national sphere has its own characteristics. Insufficient knowledge of this phenomenon determines the relevance of the topic of the thesis.

    The purpose of the work is to analyze and evaluate the effectiveness of Russian state policy in the field of ensuring national security.

    To achieve this goal, the following tasks will be solved:

    Study the concept of national security: genesis and modern interpretation;

    Explore the influence of the territorial integrity of the country and its resources as a basic component of national security policy;

    Consider threats to Russia's national security in modern conditions;

    Explore demographic policy as a factor in ensuring national security

    Assess the effectiveness of Russian state policy in the field of ensuring national security

    Accordingly, the object of the work is the system of ensuring national security of Russia, and the subject is a set of theoretical, methodological and practical issues of state policy in the field of national security.

    The theoretical and methodological basis of the study was the works of domestic and foreign scientists, as well as a set of legislative, regulatory and advisory documents from government bodies of the Russian Federation.

    Methodological basis this study constitute a set of methods of scientific knowledge, among which the main place is occupied by the methods of historicism, systematicity, and the economic and statistical comparative legal method.

    The structure of the work includes an introduction, two chapters, a conclusion, and a list of references.

    1. CONCEPT AND FUNDAMENTALS OF NATIONAL SECURITY

    1.1 The concept of national security: genesis and modern interpretation

    The emergence of the category “national security” is usually associated with the name of US President Theodore Roosevelt. It was he who, in his message to the United States Congress in 1904, justified the military action to seize the zone of the then planned construction of the Panama Canal by the interests of “national security” of the United States. Subsequently, this category began to be used quite widely in many countries of the world community.

    In the USSR, the term “national security” was not widely used. This can be explained by the fact that at this historical stage of our country “a completely different content was put into the concept of “national”, according to which, first of all, the characteristics and individuality of each nation (ethnic group) living on its territory were emphasized.”

    Obviously, the use of the term “national security”, understood as the security of a single nation, was unacceptable in the USSR as a multinational state. If they remembered national security, it was only “solely for the purpose of criticizing American hegemony...”. In the Soviet era, the term “state security” was used to describe the country’s security, which was understood as a set of measures to protect the existing state and social system, territorial integrity and independence of the state from the subversive activities of intelligence and other special services of hostile states, as well as opponents of the existing system within the country .

    At the present stage of the Russian state, the term “national security” has actually become commonly used. It is widely used in policy documents, regulations and doctrinal sources. At the same time, it should be noted that in the Basic Law of our country the term “national security” is not used. In contrast to the Constitution of the Russian Federation, in the Constitution of the USSR of 1936 and the Constitution of the USSR of 1977, the term “state security” was legislated.

    An analysis of scientific publications on national security issues shows the deep interest of domestic scientists in this phenomenon of social life. National security is such a broad and significant category in terms of coverage of spheres of public life that almost all functions of the Russian state serve to ensure and protect it. Some scientists even express points of view on the need to include a special chapter in the Constitution of the Russian Federation, defining the place of national security in the system of the constitutional system and methods of ensuring it. It should be noted that in order to resolve issues of legal regulation of national security, it is necessary to solve at the theoretical level a number of issues that are key to understanding the essence of national security and its nature. One of critical issues here is the question of the concept of national security and its content.

    The term “national security” does not appear in the Constitution of the Russian Federation. The concepts “state security” and “security” are used.

    The concept of “national security” was first used in the now defunct Federal Law “On Information, Informatization and Information Protection” of 1995, then in the Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation dated June 13, 1996 “On National Security” and later in the Concept of National security of the Russian Federation, approved by the Decree of the President of the Russian Federation in December 1997. The main legislative act, which defines the basic principles and content of activities to ensure national security, is currently the Federal Law of December 28, 2010 “On Security”. The Law establishes general provisions in the field of ensuring state, public, environmental, territorial, technogenic, information and other types of national security of the Russian Federation and emphasizes that at present, in general, the prerequisites have been formed for the reliable prevention of internal and external threats to national security, dynamic development and transforming the Russian Federation into one of the leading powers in terms of the level of technological progress, quality of life of the population, and influence on global processes. We can agree with the opinion of Professor A.M. Voronov that “the adoption of the law was an important milestone in the development of security theory.” However, this law does not contain the definition of “national security”. In this regard, the opinion of the authors of the commentary to the Federal Law of December 28, 2010 “On Security” E.A. is interesting. Belokrylova and E.A. Bevzyuk, who emphasize “the unlawful exclusion from the content... of the commented Law of the basic terms and definitions that create the legal terminological space within which the Law will operate.” They believe that “the legislator needed to include in the content of Article 1 such concepts as “national security”, “state security”, “society security”, “personal security”, “ensuring security”, “external threats to ensuring national security”, “internal threats to national security”, “forces and means to ensure national security”.

    Without a full and comprehensive interpretation of these concepts, it is impossible to carry out a correct understanding of the norms of the commented Law, since each article mentions the named legal structures. The legislator in the first article limited himself to a simple summary structure of the Law, which is very unjustified from the point of view of the technique of writing regulatory legal acts at the federal level and similar significance.”

    A similar critical position is formulated by A.N. Kalyuzhny, who says that “a modern system of measures to ensure national security will be able to maintain institutional mechanisms and resource capabilities of society and the state at the proper level only if there are perfect legal means and legal instruments for protecting state sovereignty and national interests, the leading role among which is assigned to federal legislation."

    According to the scientific opinion, there is no justification for the absence in the text of the Federal Law under consideration of the fundamental concepts: “national interests”, “strategic national priorities”, “forces and system for ensuring national security” and others that are fundamental for this area, reflecting the most significant and fundamental aspects of ensuring national security.”

    At the same time, not all scientists agree that the Federal Law of December 28, 2010 “On Security” should contain a definition of national security. So, V.G. Vishnyakov considers it correct not to mention the above category in the law, since, in his opinion, “for legislation, the concept of “national” is too vague and unproductive. It is more suitable for political discussions with their general and emotional discussions about “nations”, “nationalities”, “national interests”, etc.”

    In fact, the first in a series of modern regulatory legal acts containing a clearly formulated definition of “national security” is the National Security Strategy of the Russian Federation until 2020, approved by the Decree of the President of the Russian Federation of May 12, 2009 (as amended on July 1, 2014) , according to which “national security is the state of protection of the individual, society and the state from internal and external threats, which makes it possible to ensure constitutional rights, freedoms, a decent quality and standard of living for citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the state” . The principle opponent of this design is Professor V.G. Vishnyakov, who objects to the definition of national security as a “state of security.” According to his assessments, the Russian Constitution uses other, more specific and significant concepts: a specific subject of state power “takes measures”, “protects”, “guarantees”, “provides”, “implements”, “brings to responsibility”, etc. In his opinion, the concept of “state” is no better. State means “to be”, “to be”. The state actively acts, rather than passively observes, the “state of security.”

    However, the adoption of the Strategy, in the opinion of I.B. Kardashova: “was a significant event, since this political and ideological document on planning the development of the system for ensuring the national security of the Russian Federation is evidence of the emergence of Russian strategic culture.”

    In the Financial Dictionary, the term “national security” is formulated concisely and at the same time streamlined, as the security of the multinational people of the Russian Federation as the bearer of sovereignty and the only source of power in the Russian Federation.

    In the dictionary I.I. Sanrazhevsky “national security” is a state of protection of the individual, society and state from internal and external threats, resistance to adverse influences, guaranteeing the possibility of stable progress of society, allowing for constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty, territorial integrity and sustainable development, defense and security of the state.

    Authors of the political science dictionary - reference book D.E. Pogorely, V.Yu. Fesenko, K.V. Filippov represent national security as “a set of internal and external conditions, the fulfillment of which ensures the stable political, socio-economic and spiritual-cultural development of society, independence, protection of the sovereignty and territorial integrity of the state.”

    The Economic Dictionary contains a fairly comprehensive definition of national security, which is understood as a set of officially accepted views on the goals and state strategy in the field of ensuring the security of individuals, society and the state from external and internal threats political, economic, social, military, man-made, environmental, informational and of a different nature, taking into account available resources and capabilities.

    Not forgetting that the National Security Strategy of the Russian Federation until 2020, approved by the Decree of the President of the Russian Federation of May 12, 2009, for the first time in modern conditions established the definition of “national security,” it seems logical to consider the opinions of scientists on this issue. Regardless of whether scientists spoke about the category under study before and after the adoption of the Strategy, “national security” appears, as a rule, as a “state” (including “condition”), less often as a “system” or “level” of security (existence). So, V.P. Bulavin defines the national security of a country as a state that provides favorable conditions for the development of the individual, society and state and does not allow the implementation of threats to the national interests of Russia. V.A. Kalamanov argues that the national security of the Russian Federation is such a qualitative and quantitative state of Russian society, the state, its citizens, Russian peoples and the entire multinational people of Russia, which is characterized by the coherence of their interests enshrined at the legislative level, their protection from existing or expected external and internal threats , the possibility of their joint progressive and sustainable development, compliance with the constitutional system, constitutional rights and freedoms of citizens. V.A. Kolokoltsev says that national security is understood as a state of the country in which real external and internal threats to its unity, reproduction and stable development are absent or neutralized, i.e. protection of the vital interests of society and government is ensured. G.G. Popov comes to the conclusion that national security, representing a state of protection of the vital interests of such social subjects as the individual, society and state, is a public attitude regarding the implementation of these interests. V.D. Samoilov believes that the concept of “national security” is revealed through the state of protection of the vital values ​​of the individual, society and state from internal and external threats. Hence, the objects of security are the individual, society and the state, which involves identifying and eliminating threats to their existence and development, and countering the sources of such threats. A.A. Prokhozhev and other authors of the textbook “General Theory of National Security” express the opinion that national security implies a triune component, each component of which is equally significant - the security of the individual, the security of society and the security of the state, and propose to understand it as the protection of the vital interests of the individual, society and states in various spheres of life from internal and external threats, ensuring the sustainable progressive development of the country. According to Yu.S. Kanina, national security is the protection of national interests, the priority of which is the interests of the individual, expressed in the use of social benefits in order to satisfy their needs, as well as in the possibility of their protection. S.V. Gunich says that national security should be understood as the state of protection of three subjects: the individual, society and the state from internal and external threats, which makes it possible to ensure constitutional rights, freedoms, a decent quality and standard of living for citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the country.

    V.V. Danileiko argues that national security is one of the main factors in the stable development of the state. In a legal sense, security is the state of protecting an object from threats, harm or evil.

    Many theoretical constructs for defining security are united by the desire to convey this state through national stability - a state that ensures sufficient economic and military power of the nation to withstand dangers and threats to its existence, emanating both from other countries and from within its own country. National security is also understood as a certain maintained state international relations, interdependent on national legal relations, which can be used both in international and domestic legal regulation.

    T.N. Balashova refers to national security as a state of a state in which its integrity and the ability to be an independent subject of the system of international relations are preserved. Under the national security of the Russian Federation A.A. Kukovsky understands the state of protection of the vital interests of the individual, society and the state, achieved through the joint actions of state and public institutions through the flexible use of political, economic and other means, both in the internal activities of the state and at the international level. V.M. Redkous, based on the results of the study, formulates following definition: “national security is the protection of the vital interests of the individual, society and the state from external and internal threats, achieved by using a system of measures of a political, economic, organizational, legal, military, ideological and other nature, adequate to threats to the vital interests of the individual, society and the state ensuring their sustainable progressive development.

    K.S. Nezhinskaya draws the attention of the scientific community to the term “national security in the context of the lack of definition of this definition in the current Russian laws. To solve this problem, she makes a proposal on the need to adopt the Federal Law “On National Security”, in which the concept of “national security” should be understood as the state of protection of the individual, society and state from internal and external threats, which makes it possible to ensure constitutional rights, freedoms, worthy quality and standard of living of citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the state. It should be noted that directly ensuring national security is a necessary condition preserving the sovereignty of the Russian Federation. This distinction will emphasize that the definition of “national security,” which does not have constitutional and legal support, is a unifying concept of such constitutional and legal categories as state security, public safety, and personal security.

    They talk about the national security of K.A. quite extensively and streamlinedly. Krasnov and E.T. Sibagatullina. In particular, they argue that the national security of the Russian Federation should be understood as the security of the entire multinational people of Russia as the bearer of sovereignty and the only source of power in the country.

    A number of scientists have and defend other points of view on the issue under consideration. Researcher V.A. Zolotarev considers national security as “a certain level and state of protection of the country’s vital interests from negative impact a complex set of political, military, economic, humanitarian, environmental and other factors that ensure the territorial integrity and stability of the state and society, the well-being and further development of the nation; resistance to adverse effects; such external and internal conditions for the existence and development of Russia as a Federation and each of its subjects that guarantee the possibility of stable all-round progress of society and the state. Some researchers consider the core of national security to be a combination of various conditions. According to V.V. Mamonov’s national security is a set of internal and external conditions of existence of an individual, society, state, ensuring decent life citizens, protection of the interests of society, the sovereignty of the people, excluding the possibility of forcible change of the constitutional system. Scientists Yu.I. Migachev and N.A. Molchanov “in a broad sense, national security is understood as the totality of internal and external conditions for the existence of an individual, society, and state, ensuring a decent life for citizens, protecting the interests of society, and the sovereignty of the people, excluding the possibility of forcible change of the constitutional system. V.E. Makarov, considering security issues, offers a definition according to which, “national security is the state and conditions of life of society, which provide favorable conditions for the development of the individual, society and state, as well as other objects. E.S. Izzatdust, analyzing the category under study, comes to the conclusion that there is no single approach to defining national security. Turning to the formulation of the definition of “national security” by E.S. Izzatdust notes that in modern Russia a modern concept of national security has been adopted, consisting of three elements

    Security of the individual, society and state. The main objects of security include individual rights and freedoms, material and spiritual values ​​of society, constitutional order, sovereignty and territorial integrity of the state. O.A. Chelpachenko in his dissertation research notes that national security is a system consisting of various elements - values, interests, threats and other factors that themselves represent developing systems (elements of the system) and their correct differentiation contributes to the development of a strategy for ensuring national security. The point of view of V.L. seems quite interesting. Raigorodsky, who in his dissertation research develops the idea that national security as a unity of states of protection of the interests of the individual, society and state, socially and nationally significant values, domestic and international prospects for their implementation is ensured by a system of legal and political means in its conceptual, institutional- legal and organizational-legal forms. To summarize, V.L. Raigorodsky. concludes that national security should, first of all, be considered as an idea that is politically motivated, legally formalized, and expresses national and state interests. In addition, since its content is subjectively determined by the state, it is always a national idea, revealing and generalizing the meaning of the existence of the people who make up the state in its history, representing the identity of its culture, the originality of statehood and the uniqueness of sociality, at the same time, both as a way of this existence and as his goal.

    The formation of a national idea in the global space, the establishment of a hierarchy in the list of potential military-defense threats, and the formation of indicators for assessing national interests are the main factors in the proposed system for strengthening the defense-industrial potential. By defense-industrial potential we mean the likely occurrence of events in the defense industry based on the use of domestic resources.

    The idea of ​​national security is defined in the statements of V.V. Putin about the upcoming tasks for the decade ahead, as well as in the leading program materials of the Russian Federation. The concept of national security states: “The national security of the Russian Federation is what ensures the development potential of the country for a long historical period, as well as the stability and well-being of society.

    Guided by all of the above, it seems possible to formulate a position on the definition of national security, which in modern conditions can be understood as a state-legal institution, including a set of mechanisms and structures to ensure the state of protection of the vital interests of the individual, society and state from threats in various spheres (military, state , public, including migration, border, food, economic, environmental, information, as well as science, technology, education, culture and improving the quality of life of Russian citizens). To summarize, it is also advisable to pay attention to the position of S.Yu. Chapchikov, proposing to consider the issue of developing a constitutional doctrine of security. Arguing his proposal, the scientist speaks of the absence of all necessary federal laws in the field of national security while simultaneously regulating the most relevant legal relations by numerous Strategies, as acts of the second level. The constitutional doctrine of security, in his opinion, should represent an organic unity of scientific-theoretical (conceptual), program-political (directive) and normative - legal provisions, reflecting the goals, objectives, means of achieving a state of security of the individual, society and the state based on the balance of their personal and public interests, ensuring constitutional rights and freedoms, sovereignty, territorial integrity and sustainable development of the Russian Federation in the modern world. The development of such a doctrine, taking into account new internal and external, including geopolitical, conditions for the development of Russian statehood, is an important task for the modern Russian state.

    1.2 The territorial integrity of the country and its resources as a basic component of national security policy

    Ensuring the territorial integrity of states is one of the pressing problems of our time. History shows numerous cases of the disintegration of states into their component parts, attempts to separate parts of their territory from states. The collapse of the USSR, the cessation of the existence of such a power, became a kind of catalyst for many such processes in the modern world. The continuing fragmentation of the former Yugoslavia into many states, ongoing foreign attempts to secede the Chechen Republic from Russia, the difficult situation in Moldova, Azerbaijan, Ukraine, secession South Ossetia and Abkhazia from Georgia and many other modern territorial problems indicate an ongoing process of changes in the world affecting the basic principle of international law - the principle of territorial integrity.

    The designation of the principle of territorial integrity in the UN Charter of 1945 and its further development in a number of well-known international documents, for example, the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations of October 24, 1970. , The Final Act of the Conference on Security and Cooperation in Europe in 1975, its enshrinement in numerous international documents and in the legislation of states, contributed to the general recognition of this principle. However, both in international law and in the laws of states, including Russian legislation, the content of the principle of territorial integrity is not disclosed, its place among other principles of international law and its relationship with them have not been established. This issue, in our opinion, has not yet been properly reflected in legal science.

    It should be noted that the concepts of “territorial integrity of states” and “principle of territorial integrity of states” are interrelated, but concepts of different nature: the first is philosophical, the second is legal. At the same time, the definition of these definitions has important practical significance for the world community and its normal functioning. It is the fulcrum from which it is necessary to start when understanding, implementing and ensuring the territorial integrity of each state.

    State policy aims to influence the socio-economic system to give it the proper quality, which is described by a system of target indicators (volume and structure of production, level and quality of life of the population, etc.). At the same time, the resources allocated by society for its implementation are always limited. This forces us to set priorities for public policy, hierarchically arrange and regularly review its goals, objectives, methods of influence, forms of implementation and others. key elements. The formation and implementation of public policy are carried out taking into account constantly changing political, economic, social, demographic and other factors and conditions. This forces a situational review of approaches to its justification and implementation, but does not exclude the presence of a systemic genetic core of public policy, as well as the need for permanent retrospective analysis in order to identify and consolidate its successful elements in management practices.

    A comparative analysis of the stages of evolutionary development of elements of state policy for the strategic development of territories in our country is given in Table 1.

    Not only government bodies and authorities at various levels are considered as active participants in state policy, but also economic entities through whose economic activity the state policy of strategic development of regions is implemented. In modern conditions, when the main institutions of a market economy have been formed in the Russian Federation, the interest and motivation of business entities becomes a decisive factor in the effectiveness of the implementation of public policy measures, which requires expanded use of indicative management tools in the development and implementation of public policy. In Russian (Soviet) economic history, the author identifies four stages in the development of state policy.

    Table 1 Subjects of economic development

    Subjects of economic development

    Main elements of state policy for strategic development of territories

    Elements of historical experience

    State

    Business entities

    1st stage from 1860. Pre-revolution

    Carries out processes: framework planning, regulation.

    Interrelation in the diversified development of economics, politics, defense.

    Foreign economic relations

    Master new strategies using resource advantages, new markets, introduce new types of goods and services

    The tools are: the use of simple statistical reporting and analysis, the use of expert assessment

    Framework economic planning aimed at implementing political plans

    Formation of new markets

    2nd stage from 1928

    Soviet period

    Carries out processes of spatial planning, phased (five-year) comprehensive development of the national economy

    Introduce elements of choosing mechanisms for independent use of resources when implementing plans

    The tools are: setting goals for time periods (five-year plans), compiling input-output balances, modeling distribution and placement

    main production facilities, extrapolation

    Intersectoral balance, long-term planning

    Stage 3 since 1991

    Post-Soviet period

    Carries out the processes of: formation of forecasts and programs for socio-economic development, sectoral development of the national economy

    Introduce elements of independence in choosing a development strategy and unity in implementation plans

    Territorial production approach

    Territorial production approach,

    short-term planning

    Industrial policy, lack of resource provision section

    Stage 4 since 2000

    Period of modern Russia

    Carries out the processes of: formation of comprehensive strategies and plans for the development of territories, sectoral development of the national economy

    Master and implement new strategies. They plan in terms of production functionality, finance, marketing, and innovation.

    Combine strategic directions of plans within the framework of general self-development and self-regulation

    The tools are:SWOT-

    analysis, strategy matrices,

    research on resource advantages, methods of scenario approach to planning and forecasting, methods of expert assessments; sectoral approach

    Strategic industry approach, three-year planning

    Industrial policy, lack of resource provision section

    At the first stage, the use of strategic regulatory instruments begins as part of the development of capitalism and the implementation of the Great Reforms in 1860-1870. This period is marked by an increase in government interest in the formation of strategic plans, due to which territorial planning began to develop, infrastructure was formed, primarily a network of transport communications.

    At the same time, the planning and strategic activities of enterprises were in a poorly developed state for a number of reasons.

    Firstly, there were practically no strategic tools for economic development and the level of economic development was low.

    Secondly, the instability of the economy in Tsarist Russia did not allow the formation and implementation of strategic goals of economic entities.

    Second stage ( Soviet period) contributed to the development of strategic planning, but only within the framework of hierarchically ordered government assignments, organized into five-year plans. The main strategic tools in this period were the intersectoral balance, as well as the layout of the productive forces of the territories.

    The effectiveness of this approach was confirmed by the industrialization of the USSR, carried out in a short time. However, underestimation of the economic interests of enterprises and the active use of directive administrative management methods significantly contributed to the formation of economic imbalances.

    The content of the third stage was determined by the transitional nature of the Russian economy and the change in the institutional principles of its structure. The ongoing economic reforms have had a negative impact on the state policy of strategic development of the regions due to a sharp decrease in the observability and controllability of the relevant processes. Despite the economic recession, positive structural changes have occurred in the economy, which contributed not only to the improvement of the tools of the state strategic policy for the development of territories, but also to the formation of new directions of state regulation, giving impetus to improving the management strategy.

    Fourth, modern stage characterized by an expansion of the range of methods of systemic strategic tools of public policy. Economic policy is implemented within the framework of numerous sectoral and territorial projects and target programs, the key element of which is the Concept of Development of the Russian Federation until 2020.

    At the enterprise level, separate subsystems of strategic management are being formed. At the same time, not all economic entities are involved in the formation and implementation of strategies, but only a number of large and medium-sized companies. Therefore, the diffusion of successful strategic management experience in the private business community becomes an important applied task.

    Let us highlight the main problems of the formation and implementation of state policy for the strategic development of territories in modern Russia (outdated tools for the formation of strategic plans, lack of resource potential of strategic plans, lack of effective monitoring for the implementation of the effective use of resource opportunities, etc.), the resolution of which should be concentrated efforts as bodies authorities and corporate management.

    The main ways to improve the strategic planning system in modern conditions, according to T.A. Yakushkina, are:

    Avoiding a gap between the development of strategic plans and their implementation based on the development of institutional mechanisms of responsibility, not only economic (financial), but also social (reputational);

    Formation of a unified state base of strategic plans that ensure the integration of strategic development plans of individual corporations, industries, regions and the economy as a whole;

    Strict adherence to the principle of budgetary security - adoption of strategic plans only if there are specific sources of financing for the implementation of the strategy;

    Providing priority state support (preferential loans, equipment leasing, state guarantees for contracts, etc.) to those enterprises whose strategies “fit” into state strategic plans for economic development, which will allow for proper coordination of the strategic planning process at the state and private levels business entities.

    Let us conclude that a passive approach is practiced in terms of resource provision for these strategies. It comes down to economic justification resource needs, as well as identifying and developing tools for mobilizing available resources. However, as a rule, we are not talking about the development of resource capabilities of territories. Consequently, it is necessary to supplement the tools for regulating the resource capabilities of territories and eliminating imbalances in strategic development.

    It is proposed that the formation of a state policy strategy be carried out not only taking into account the assessment of the competitiveness of the territory’s resources, but also their ability to transform and move. This approach made it possible to structure and identify the region’s resources, which ensure competitiveness and accelerated development of the region. This is achieved by rationalizing the distribution and formation of territory resources.

    The main tool for achieving the set goals for the socio-economic development of the region is to ensure the interaction of all available resources and achieve a synergistic effect. This synergy is realized on the basis of cooperation between participants in regional development programs and the concentration of budgetary and extra-budgetary funds.

    Traditional assessment of the effectiveness of state policy for the development of a territory was carried out based on the quantitative and qualitative characteristics of its main elements, such as: labor resources, production capacity, infrastructure, natural resources and conditions environment. However, such an assessment did not take into account the factors of mobility, information availability, that is, the ability of the resource base to adapt in accordance with the new priorities of the state policy of strategic development.

    The most significant elements of resource potential in the development of the region are: informational, human, financial and natural-ecological (Fig. 1).

    Rice. 1. Level of resources’ ability to transform and move

    The first level includes elements of information resources, a system for accumulating and using knowledge. Their ability to move is not limited; they are classified as “flagship” elements of resource potential.

    Elements of the second level are human resources: their ability to move is hampered by social conditions.

    Elements of the third level - financial resources, have the ability to move, but their movement is limited by existing institutional relations.

    Elements of the fourth level are natural-ecological resources, absolutely limited in movement and weakly transformable.

    The implementation of state policy on the strategic development of the territory is ensured primarily through “flagship” resources, therefore, the assessment of the effectiveness of its implementation must be carried out taking into account the level of weight of resource elements, which allows not only to more fully utilize available resources in the process of territorial development, but also to stimulate them development, migration and adaptation in accordance with the goals and objectives of the implemented state policy.

    The effectiveness of the state policy of strategic development of territories significantly depends on the provision of resources and the flexibility of their use. A special feature of Russia is the high degree of uneven distribution of resources between territories, which significantly affects the prospects for their development and must be taken into account in the relevant government policy. Consequently, there is a need to identify a separate resource policy aimed at identifying, systematizing, forming mechanisms for mobilization, use and development of territorial resources. This makes it possible to form an information base about the real state of the region’s resource potential when conducting analytical procedures and making management decisions within the framework of the state policy of its strategic development. The resources of a territory must be considered based on the essence of the content and objectives of the state policy of strategic development of territories.

    On this basis, resources can be divided into “basic” and “flagship”. The “basic” types of resources include: material, financial, natural and others, the “flagship” types: human capital, information, new knowledge, inventions, technologies, etc. (Fig. 2).

    Rice. 2. Structure of territory resources

    Thus, in order to carry out an integral assessment of the socio-economic situation, it is necessary to take into account the resources of the region in accordance with the characteristic features that they have in terms of impact on the implementation of the development strategy.

    As a result of the theoretical study, we will draw the following conclusions.

    So, national security should be understood as a state-legal institution that includes a set of mechanisms and structures to ensure the state of protection of the vital interests of the individual, society and the state from threats in various spheres (military, state, public, including migration, border, food, economic, environmental, information, as well as science, technology, education, culture and improving the quality of life of Russian citizens).

    Ensuring the territorial integrity of states is one of the pressing problems of our time. The main problems in the formation and implementation of state policy for the strategic development of territories in modern Russia are: outdated tools for the formation of strategic plans, lack of resource potential for strategic plans, lack of effective monitoring for the implementation of the effective use of resource opportunities, etc.

    The given structure of territorial resources made it possible to identify the resources that ensure competitiveness and accelerated development of the region. This is achieved through rational schemes for the distribution of resources, both own and attracted, as well as their development and self-development. Achieving the integrity and sustainability of the development of the “flagship” resources of the region is ensured, first of all, by developing the human potential of the region, capable of ensuring the implementation of the “growth strategy”, by strengthening the role of the influence of the “flagship” resources.

    2.CURRENT PROBLEMS OF OPTIMIZING THE RF STATE POLICY IN THE FIELD OF ENSURING NATIONAL SECURITY

    Threats to Russia's national security in modern conditions

    The complex and dynamic process of establishing a new world order is fraught with crisis and conflict in the relationships between the main subjects of international relations that claim a significant role in world politics. At the same time, the most current question For many states that, like Russia, are experiencing a process of transformation of their statehood, as well as their socio-economic and political structure, it is not the presence of interethnic, civilizational, religious, ideological or any other contradictions.

    The most important dominant feature in the practical implementation of the national interests of most modern states is resolving the issue of determining their place in the emerging world community. In practice, this self-determination means nothing more than the desire, at any cost, to become a member of the emerging transnational community, better known in modern political journalism as the “golden billion,” the essential characteristics of which are determined by its dominant and consuming role of world resources . At the same time, it is more than obvious that membership in the “golden billion” is strictly selective and limited and, accordingly, the majority of the modern sovereign states of the planet with a population of the remaining 5 billion find themselves outside this community of “consumption” with a completely predictable purpose, namely to ensure its further prosperity , by creating favorable conditions for the movement of capital, raw materials, technology, information and other resources.

    Of course, first of all, this role is assigned, of course, to the Russian Federation, whose historical mission, according to leading international authors, to a greater extent than any other country, is to meet the needs of Western civilization. This is due to the fact that it is Russia that has the most significant resources and national wealth, the total value of which is at least hundreds of times higher than that of the United States with all its developed post-industrial infrastructure, not to mention other countries of the world.

    In the context of the crisis development of the domestic economy and the ever-increasing need for resources of the post-industrial community, such a possibility is becoming more and more real and obvious in the process of the next stage of Western expansion in relation to Russia. At the same time, the expansion itself is carried out, of course, not for the sake of the “idea” in the form of spreading the “advanced” liberal democratic values ​​of Western society, but for the purpose of subjugating the material and human resources of other societies.

    At least throughout the final decade of the 20th century, Russia tried to get out of this abyss, turning overnight from a superpower into a country with a developing economy. No less significant in their consequences were a number of other market reforms carried out under the auspices of the liberal reformers of the Friedman school, the most obvious result of which is currently the ever-deepening dependence of the Russian economy and politics on the tranches of transnational financial groups.

    Therefore, the very posing of the question of whether Russia is able to manage its national wealth is not accidental. From which follows a quite logical, in the opinion of a number of Western and, primarily, American Sovietologists, conclusion about the need to put Russia’s resources under control and for the benefit of the civilized community. In a concentrated form, this ideologeme was reflected in one of the speeches of former US Deputy Secretary of State S. Talbot, according to whom: “The most obvious is the weakness of the Russian state. We are talking about shortcomings - about those things that Russia is not able to do at all, or is not able to do well enough.”

    To the above, it should obviously be added that S. Talbot, throughout the last 10 years, has been perceived by the US State Department as the most authoritative expert on Russian problems, whose opinion is largely decisive for White House officials. And therefore, S. Talbot’s point of view is in many ways a reflection of the official position and the US administration. These are the general assessments of American experts on Russia, suggesting the formation of a very definite public opinion and perception of its image in the eyes of Western society, as an unbridled and unpredictable subject, torn by internal contradictions, and therefore requiring external international control.

    A strong and prosperous Russia does not fit into the logic of forming a unipolar world focused on using Russia’s resources in its own interests.

    And since this is so, a targeted policy of constantly weakening Russia is necessary, which is being implemented in practice in the three most significant areas.

    Thus, in particular, the first direction involves the creation of an unfriendly environment for Russia. For example, the countries of Eastern and Central Europe and the Baltic states are well aware that neither now, nor ever before, nor in the future, Russia has represented and does not pose a threat to their sovereign existence. Therefore, on the one hand, there is a clear awareness of the absence of a threat from Russia, whose interests can be infringed with impunity, whether in the Baltic, Balkan, Middle East or any other direction. On the other hand, there is a clear understanding that maintaining any close relations with the Russian Federation automatically implies opposing oneself to the entire Western community. This is why, for example, it is much more difficult for Russia to find a common language with its former allies.

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