Municipal police in Russia last, real and future


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the short background, attempts of creation of municipal law enforcement bodies in Russia, the current situation, the prospects of development, a position of the MIA and authors of a public initiative about further development of municipal police

Short historical background
Talk on need of creation in Russia of municipal police is carried on long ago. In the early nineties the last century in a number of regions the first divisions of municipal militia appeared. However It should be noted that the divisions created at the beginning of the 90th, though were called municipal, but upon local governments they were only financed, the management, actually was these divisions double. The matter is that divisions of municipal militia were created in structure or at the Municipal Department of Internal Affairs and the Department of Internal Affairs of the cities, and these managements in turn submitted to the Ministry of Internal Affairs of the Russian Federation. At the same time it should be taken into account also the fact that in the 90th years similar initiatives were initially doomed to a failure. As the main reason it is possible to call imperfection of the legislation of that time, both federal, and regional. The power vertical, the system of the organization and activity of local governments habitual and clear today at that moment still were in embryo. Besides, you should not forget also about the local military conflicts of that time. Respectively that in such situation nobody decided to give municipalities the right to create own, armed law enforcement agencies independent of the federal center.

Current situation
Despite not successful experience of the past, the subject of creation of municipal police (militia) periodically arises in Parliament, in the Government of the Russian Federation. So in at first in 2011 the initiative was announced by the CPRF, and in 2014 deputies from Just Russia party to parliament introduced draft No. 621910-6 of the Federal law «About Municipal Militia in the Russian Federation». The Government of the Russian Federation, however, did not support this initiative and the bill was disqualified. Judging by the arguments stated in an official response, the Government considered the competence of municipal militia offered by the bill excessively expanded and covering questions obviously beyond concepts «Protection of Public Order».


note: - then there is a question and that enters the concept «Protection of Public Order» and to what framework it is limited. Not one legal act - it does not open a concept, and legal literature gives it various interpretation.


In 2016 in a number of media information that this time already Ministry of Internal Affairs of the Russian Federation sent to regions, the, developed All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation, the bill of creation of municipal militia appeared. The fact of existence of such document is confirmed the publication on the official site of the All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation.

excerpt from the agenda of a meeting of the Academic council of the All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation of 16.02.2017:
- At a meeting of the Academic council the scientific report «About the draft federal law About Municipal Militia in the Russian Federation» was made by the doctor of jurisprudence, associate professor Museibov Abdula Guliyevich, the chief researcher of Research Center No. 5.


Unfortunately, it was not succeeded to find the full text of the bill therefore it is possible to analyse only publications in the press where the main theses are stated in open sources.
Proceeding from contents of article of the Kommersant edition, the essence of offers of the Ministry of Internal Affairs of the Russian Federation consists in creation at municipalities of a certain law-enforcement structure with not absolutely clear tasks and powers. Namely:

- The militia is urged to help «police and other law enforcement agencies» with safety of citizens, including to carry out their examination when holding mass actions. Militiamen will be able to patrol settlements; make protocols on administrative violations; take drunk and addicts to hospitals, and violators - to police; help to look for the gone people.


However at the same time:

Transfer of police powers to militia, in particular the security guard and patrol service (SGPS) and district police officers, is not provided in the project. Militiamen are municipal employees and will be able to work only within city districts or municipal districts. They are obliged to have power training, it is authorized to them to use civil weapon.


Proceeding from such contradictory mix of tasks, powers and opportunities only one conclusion arises. The Ministry of Internal Affairs suggests to create in regions a certain police substitute with unclear functionality, not than especially not different from voluntary national teams which though formally and exist (for the reporting), but actually, in municipalities do not influence a criminogenic situation in any way.

Practice of application
For the last few years as a part of administrations of a number of municipal units there were structural divisions called as «municipal militia», «municipal inspection», etc. There are several examples:

Shakhty, Rostov region
It is created in 2013, carries the name «municipal inspection». Main objectives:
- identification and suppression in the territory of the city of Shakhty of the administrative offenses provided by the regional law of the Rostov region of 25.10.2002 No. 273-ZS «About administrative offenses»;
- assistance to development and steady functioning of housing and communal services, water supply, transport, communication, other services of life support in the territory of the city of Shakhty;
- participation in activity of the administrative commission created in the territory of the municipal unit «City of Shakhty»;
- ensuring interaction with law enforcement agencies concerning the organization of protection of public order, prevention of offenses, control of improvement of the territory;
- organization of events, aimed at providing sanitary purity and an order in the city by means of interaction with the enterprises and the organizations of all forms of ownership and also individuals.

source and photo: 161.ру


Zlatoust, Chelyabinsk region
Management of municipal militia as a part of administration of Zlatoust was created in January, 2014.
Judging by publications in mass media - the municipal militia will help police to protect an order on mass actions. And still it can catch free riders in public transport and find authors of the announcements which are illegally stuck on the city.
The new service has the form. Employees are given a suit, a cap and footwear. On a jacket the inscription «Municipal Militia» and a chevron with the coat of arms of Zlatoust. And still issue the certificate and weapon! However, not fire, but gas - to defend from hooligans and stray dogs.

source: Комсомольская правда
photo: uralpress.ru


Izhevsk, Udmurt Republic
In Izhevsk management of municipal militia as a part of the city administration appeared in 2012.
Proceeding from information on the website of local governments, the following tasks are assigned to municipal militia:
- Ensuring compliance with rules of law of the Udmurt Republic, requirements of municipal legal acts in the territory of the municipal unit «City of Izhevsk» in the sphere of administrative responsibility for separate types of offenses according to powers of Management.
- Prevention, identification, suppression in the territory of the municipal unit «City of Izhevsk» of separate types of administrative offenses, their documenting for the purpose of use of measures of administrative influence to persons their made within powers of Management.
- Ensuring interaction with law enforcement agencies concerning the organization of protection of public order, prevention of offenses, terrorism and extremism in the territory of the municipal unit «City of Izhevsk».
- Implementation of actions for realization of powers of City administration of Izhevsk in the field of protection of public order in the territory of the municipal unit «City of Izhevsk».
- Protection of the rights and legitimate interests of City administration of Izhevsk in courts and other public authorities.
- Ensuring timely collecting receivables in the budget of the municipal unit «City of Izhevsk».

source and photo: website of City administration of Izhevsk

The comment from authors of the project:
If to consider the above divisions of «municipal militia» regarding their tasks and powers, then these are not police officers of structure, and rather public formations of law-enforcement orientation which local authorities transferred to municipal service and called militia.

Militia or police?
If the summary of these definitions, then - Militia this armed militia formed and operating during military operations or emergency situations. The police are a permanent body of executive power of the state which main objective is protection of law and order, both in peace, and in wartime. Therefore more correct name for body of the public order which is carrying out functions on protection and ensuring public safety, is police.



Position of authors of an initiative
We consider that such local government as municipal police in Russia is necessary. But, it is necessary as the full-fledged police service given all necessary rights and authority (including state), for ensuring public order and public safety. Now in our country there are all conditions for its creation and activity.
According to us the principles of the organization and activity of municipal police have to be the following:
- creation of divisions of municipal police has to be the right of local governments, but not their duty. Provided that in their creation there is a need and local authorities have necessary funds for creation of conditions for their activity and maintenance;
- the main issues of activity of municipal police have to be regulated by the federal legislation and the Government of the Russian Federation;
- the system of the organization of activity of municipal police (subordination, existence of special ranks, a uniform, initial preparation, the principles of completing and the organization of service, etc.) has to be in general similar to the Ministry of Internal Affairs of the Russian Federation;
- the municipal police has to be a component of local governments of the municipal unit and to be independent of the Ministry of Internal Affairs of the Russian Federation, except for the cases (extraordinary or martial law, the counter-terrorist operation mode, etc.) of transition of divisions of municipal police to temporary expeditious submission of federal executive authority provided by the legislation in the sphere of internal affairs;
- the rights and conditions for municipal police on application of measures of the state coercion, physical force, special means and firearms have to be similar to the rights and conditions provided for police officers of the Ministry of Internal Affairs of the Russian Federation;
- tasks and powers of municipal police in the main part have to be similar to tasks and powers of security guard and patrol service of the Ministry of Internal Affairs of the Russian Federation;
- the uniform of municipal police has to be to a similar uniform of police officers of the Ministry of Internal Affairs of the Russian Federation, except for distinctions.

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ATTENTION
the text is translated by means of technical means of the translation
original language of the text – Russian
some words and phrases can be translated not correctly and not correspond to original sense


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