Rus Articles Journal

What changes in the legislation concerning the Ministry of Internal Affairs?

the President of Russia Dmitry Medvedev signed five laws considerably changing life of staff of pravokhranitelny bodies. New laws made amendments to two codes - Criminal and Criminally - procedural and to the Law About militia and in the Provision on service in law-enforcement bodies of the Russian Federation.

Five laws which are published today are important not only for police officers, but also for ordinary citizens. It is not excluded, for simple citizens it is even more. Eventually the militia also exists for us, as if it seemed ridiculous. Therefore toughening of conditions of selection in the Ministry of Internal Affairs, transparency of the income of employees, rigid control during execution of official duties that is regulated by new laws, - one more guarantee that we will meet on the street honest, benevolent and ready to protect us police officers.

Besides, the legalized responsibility for return and implementation of orders can hold some bureaucrat from circulations on our heads and devil-may-care attitude to our lives and destinies, when even chips fly from us, and motivates some bureaucrat in shoulder straps to more expeditious consideration, for example, of someone`s complaint or the statement. People have to know that now not only the wrong actions of militia, but also its inaction it is punishable too. And the person whose rights are violated, can always find and call to account responsible for the illegal order or the order.

In essence the amendments published today is a sharp toughening of office discipline. First of all, of course, it is about purity of ranks - persons interested to become militiamen will be thoroughly studied. Those who had the criminal record removed or not who was exposed to the criminal prosecution though long ago stopped cannot become the employee of internal affairs from now on in principle. It would seem, such rule - self-evident. However about ten years ago on similar roughnesses in the biography personnel officers closed eyes. It is no wonder that not only bribe takers and sadists, but also agents of criminal structures got into militia.

Now conscious concealment of the criminal past, forgery of documents at revenues to service can bring the militiaman on a dock again. And also those personnel officers and chiefs who did not find or did not pay attention to the compromising facts in life of the employee and allowed him to execution of official duties. Moreover, the law obliged all who serve in militia, to declare the income and the immediate family. Even minor children.

Testing for drugs and alcohol are legalized for candidates for militiamen and various checks, including on the lie detector.

Yes, such procedures practiced earlier. But not everywhere and not always, and, so to speak, whenever possible. Were guided by instructions, that is internal rules. So, it was always possible to explain lack of similar check with some circumstances which are not provided by this instruction. Eventually the departmental document can be changed or cancelled by those chiefs who published it.

Before adoption of amendments the candidate for militiamen could behold violation of the civil rights in testing and start a lawsuit with department. To take, for example, the same psychophysical researches. Other security officers, right keepers and even commercial structures carry out their everyone on the understanding - the law, uniform for all, on application of a polygraph is still not adopted. Now, with corrective action, the Ministry of Internal Affairs - the only department where use of the lie detector is fixed by the federal law.

Similar situation and with other innovations. For example, punishment of the police officer - up to criminal - for non-performance of the order, violation of the instruction, excess of office powers, negligent storage or weapon handling and even non-compliance with a daily routine. These norms existed earlier - in various departmental papers. But, as Rashid Nurgaliyev in conversation with the president emphasized, still there were legal collisions and openings which the unfair staff of law-enforcement bodies used. The subordinate could not execute the order of the management or violate the instruction, justifying it with a non-standard operational situation. And the chief - to give idiotic or even criminal order, and then to write off everything on execution excesses and confused subordinates. Now everyone - and giving teams, and their performer - bears accurately concretized responsibility. Up to criminal. Broke a ban or exceeded authority - do not judge too severely. The law unambiguously stipulates responsibility not only the subordinate, but also the chief for wrong, especially illegal orders.

For the first time the federal law considered specifics of security and law-enforcement agency. One of amendments provides creation of the special commissions on observance of requirements of office ethics to behavior of employees and to settlement of the conflicts of interests. The sense is that actions, for example, of detectives, field investigators or investigators sometimes it is impossible to treat unambiguously and rectilinearly, it is necessary to study meticulously all details, the smallest nuances of a disputable situation. The criminals are grounded legally not worse than the most skilled prosecutors and judges today. And between colleagues from department, but belonging to different services, there can be disputes - will tell in whose competence to process this or that case.

Still very important and, one may say, an unexpected innovation - a ban to the employees publicly to comment or discuss, including in mass media, activity of government bodies, their heads and, certainly, own department if it does not belong to its official duties. In other law enforcement agencies there are such bans too, but they are not brought to the level of the federal law.

However the adopted laws not only put the clamps but also provided new social guarantees to police officers. For example, not only are guaranteed, but also the sums of annual monetary compensations for rest of children of employees are specifically stipulated. The entered amendments literally on shelves painted when it is possible and when it is impossible to dismiss the militiaman for health reasons that means to be enlisted in the order of law-enforcement body and what at the same time is due to it the salary and many other nuances which are earlier given to the discretion of the management. Quite often employees faced a frank arbitrariness, at the same time to achieve justice it turned out not always - there was no concrete law.