Problems of efficiency of law enforcement activity in national security system of the Russian Federation

Begeza Vitaliy Vasilevich ORCID: 0000-0002-5201-520X Senior Lecturer, Department of Public Administration and National Security, Russian Presidential Academy of National Economy and Public Administration 119602, Russia, Moscow, Vernadsky ave., 84 with 1 89250240000@mail.ru Other publications by this author

            The term "national security" is one of the controversial concepts of modern Russian science. The Financial dictionary contains a short term "national security" devoid of clear formulations, defining it as the security of the multinational people of the Russian Federation, acting as the bearer of sovereignty and the sole source of power in the Russian Federation.

       I. I. Sanrazhevsky's dictionary interprets national security as the protection of the individual, society and the state from threats of an internal and external nature, resistance to factors that have an adverse impact, a guarantee of stable development of society's progress, contributing to ensuring constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty, territorial integrity and sustainable development, defense capability and security states. 

The Political Science Dictionary defines national security as a set of "internal and external conditions, the fulfillment of which ensures stable political, socio-economic, spiritual and cultural development of society, independence, protection of sovereignty and territorial integrity of the state." 

A detailed interpretation of the term "national security" is given in the economic dictionary, which defines it as "a set of officially accepted views on the goals and state strategy in the field of ensuring the security of the individual, society and the state from external and internal threats of a political, economic, social, military, man-made, environmental, informational and other nature, taking into account the available resources and opportunities" 3.

Among the scientists who have devoted their research to the interpretation of the term "national security", it should be noted T.N. Balashova, V.P. Bulavin, V.G. Vishnyakov, S.V. Gunich, V.V. Danileiko, V.A. Zolotarev, E.S. Izzatdust, V.A. Kalamanov, Y.S. Kanin, I.B. Kardashov, V.A. Kolokoltsev, K.A. Krasnov, A.A. Kukovsky, V.E. Makarov, V.V. Mamonov, Yu.I. Migacheva, N.A. Molchanova, K.S. Nezhinskaya, D.E. Pogorelogo, G.G. Popova, A.A. Prokhozheva, V.L. Raigorodsky, V.M. Redkous, V.D. Samoilov, I.I. Sanrazhevsky, E.T. Sibagatullina, V.Y. Fesenko, K.V. Filippov, O.A. Chelpachenko and many others. Analyzing the works of these scientists and practitioners, regardless of the time period in relation to the adoption of the Strategy, an opinion was expressed regarding the category under study, it should be noted that "national security" is understood as a "state" (including "conditions"), less often a "system" or "level" of security (existence), which in principle does not contradict the adopted Strategy.  

 So, G.G. Popov expresses the idea that "national security, representing a state of protection of vital interests of such social subjects as the individual, society and the state, is a public attitude about the realization of these interests."

A.A. Prokhozhev and other authors of the textbook "General Theory of National Security" express the opinion that "... national security implies a threefold component, each component of which is equally important – the security of the individual, the security of society and the security of the state" and suggest that it should be understood as "the protection of vital interests of the individual, society and the state in various spheres vital activity from internal and external threats, ensuring the sustainable progressive development of the country."

E.S. Izzatdust, analyzing the concept under study, expresses the idea that there is no unified approach to the interpretation of the term "national security". According to E.S. Izzatusta in modern Russian conditions, the concept of "national security" unites individual security, public and state. The main objects of security are the rights and freedoms inherent in the individual, social material and spiritual values, the constitutional system, sovereignty and ensuring the territorial integrity of the state.

Thus, summarizing the considered definitions of the concept of "national security" and taking as a basis their non-contradictionStrategies, as the most correct interpretation of the term in question, we will take the definition contained in the National Security Strategy of the Russian Federation.

        According to the National Security Strategy of the Russian Federation approved by the Decree of the President of the Russian Federation^[1] (hereinafter referred to as the Strategy), national security is understood as a state characterized by the protection of the individual, society and the state from internal and external threats, in which the implementation of the constitutional rights and freedoms of citizens of the Russian Federation, decent quality and standard of living, sovereignty, independence, state and territorial integrity, sustainable socio-economic development of the Russian Federation.

Obviously, there is an internal and external impact on national security. At the same time, this impact is carried out on the foundations of the independence and independence of the state, as well as the basic rights and freedoms of its citizens.

When solving the issues of creating a system of national security, it is necessary to proceed from the fact that the object of protection in this case is very complexly structured, diverse, consisting of many diverse structural elements, which results in the complexity of structuring the relationship of these elements. According to the fair opinion of some scientists, the security system itself reflects the process of interaction of national interests and threats to them, is functional, while the security system aims to protect national interests, is an organizational system of means, methods, subjects (bodies) ^[2].

The content of national security is represented by the personal security of each citizen, public security and, directly, state security. This circumstance suggests that national security should be understood as the state of protection of the three named subjects from internal and external threats, which allows ensuring constitutional rights, freedoms, decent quality and standard of living of citizens, sovereignty, territorial integrity and sustainable development of the Russian Federation, defense and security of the country.

The protection of national security is the direct activity of the State.

It is no secret that it is the protection of national security that is the fundamental task for the successful functioning of the state, ensuring comfortable living conditions for its citizens.

As a number of experts rightly point out, the specifics of the problems in the field of ensuring the security of the national level is the change in the world order of countries with common roots caused by political and psychological processes^[3].

The system of ensuring and protecting national security is also represented by a set of subjects that interact, as well as various bodies, forces, and means of ensuring security at the national level, provided through existing legal norms.

The dominant place in the system of ensuring the protection of public importance, fundamental rights and freedoms of man and citizen, is assigned to law enforcement agencies.

This circumstance is dictated by the legal nature and functions of the designated state bodies, first of all, by giving them state-governmental powers that contribute to responding to the events in a timely and necessary manner^[4].

A special place in the system of law enforcement agencies is assigned to the internal affairs bodies. These bodies are endowed with the widest scope of powers and have broader competence in the use of coercive measures of an administrative nature^[5].

Ensuring security at the national level is a very complex system. The specified system consists, among other things, of the appropriate means and resources. At the same time, the main objects of national-level security are the individual, society and the state. The criterion for ensuring the security of each of these objects is satisfaction in the use of a specific object of each of the objects.

So, for individuals, this subject will be constitutional rights and freedoms, as well as decent quality and standard of living.

In the modern understanding, public security is formed as a certain aggregate characteristic of the security of each person, and state security must be studied through the versatility of personal protection.^[6]

Considering the issues of the national security system, it is important to emphasize that, as a general rule, the national security system should be understood as the relationship of persons and national security bodies that ensure the implementation and protection of national interests within the framework of normative legal acts.

In this regard, it is important to emphasize that the priority role in the performance of the duty of ensuring national security belongs to the President of the Russian Federation^[7].

Thus, the supremacy, the center of the system of security agencies is represented by the President of the Russian Federation.

In this regard, it is logical to assume that the system of national security agencies is represented by bodies accountable to the President of the Russian Federation.

In addition, the national security system includes all three branches of government.

The legislative creates the necessary legal framework, on the basis of which direct activities to ensure national security will subsequently be carried out, determines the terms of authority of the bodies carrying out this activity to ensure national security, establishes the legal status of the subjects of the relations under consideration.

Executive authorities are, in fact, directly executing activities to ensure national security.

The judicial system acts as a means of protecting the constitutional rights and freedoms of citizens in the field of national security protection.

Designating the system of branches of government, it should also be noted that the amendments to the Constitution of the Russian Federation adopted on July 1, 2020 also introduced into legal circulation such a type of power as public^[8]. This institution is completely new for domestic legislation. At the same time, there is no clear specification of the very concept of public power, nor its functions, competencies and other status-forming features. It remains to be hoped that in the near future this gap will be eliminated by the legislator.

In accordance with Article 80 of the Constitution of the Russian Federation, the President of the Russian Federation is the guarantor, among other things, of human and civil rights and freedoms, and also takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity.

Thus, the coordination of activities to ensure national security is carried out by the President of the Russian Federation.

Also, according to the Constitution of the Russian Federation (Article 83), in order to assist the head of state in exercising his powers on issues of ensuring national interests and security of the individual, society and the state, as well as maintaining civil peace and harmony in the country, protecting the sovereignty of the Russian Federation, its independence and state integrity, preventing internal and external threats, the President of the Russian Federation forms The Security Council of the Russian Federation.

The Security Council of the Russian Federation carries out its activities on the basis of the Regulation^[9]. This Provision defines the tasks, functions, its structure, the procedure for carrying out activities, the legal status of its management and employees.

The analysis of the provisions of the Strategy makes it possible to come to the conclusion that the national security system includes a significant number of authorities, both of a "forceful", "military" nature of activity, and "civilian".

At the same time, it seems possible to refer to the main, central bodies carrying out activities to ensure national security:

- Ministry of Defense of the Russian Federation;

- Ministry of Internal Affairs of the Russian Federation;

- The Federal Security Service of the Russian Federation;

- foreign intelligence agencies;

- Rosgvardiya.

Ministry of Defense Of the Russian Federation (Ministry of Defense Is a federal executive authority that performs functions for the development and implementation of state policy, regulatory and legal regulation in the field of defense, other functions established by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation in this area, as well as authorized federal executive authority in the field of property management and disposal The Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation^[10].

The Ministry of Internal Affairs of the Russian Federation (the Ministry of Internal Affairs of Russia) is a federal executive body responsible for the development and implementation of state policy and regulatory regulation in the field of internal affairs, in the field of control over the turnover of narcotic drugs, psychotropic substances and their precursors, in the field of migration (hereinafter referred to as the sphere of internal affairs), as well as law enforcement functions for federal state control (supervision) in the field of internal affairs^[11].

The Federal Security Service of the Russian Federation (FSB of Russia) is a federal executive authority that, within its powers, exercises state administration in the field of ensuring the security of the Russian Federation, combating terrorism, protecting and protecting the state border of the Russian Federation (hereinafter referred to as the state border), protecting internal sea waters, territorial sea, exclusive economic zone, the continental shelf of the Russian Federation and their natural resources, ensuring the information security of the Russian Federation and directly implementing the main activities of the Federal Security Service bodies defined by the legislation of the Russian Federation, as well as coordinating the counterintelligence activities of federal executive bodies authorized to carry it out^[12].

The powers of foreign intelligence agencies are regulated by the Federal Law "On Foreign Intelligence"^[13].

The troops of the National Guard of the Russian Federation (hereinafter referred to as the National Guard troops) are a state military organization designed to ensure state and public security, protect human and civil rights and freedoms^[14].

Rosgvardiya carries out:

- participation in the protection of public order, ensuring public safety;

- protection of important state facilities, special cargo, structures on communications in accordance with the lists approved by the Government of the Russian Federation;

- participation in the fight against terrorism and extremism;

- participation in ensuring the regimes of the state of emergency, martial law, the legal regime of the counter-terrorist operation;

- participation in the territorial defense of the Russian Federation;

- assistance to the border authorities of the Federal Security Service in the protection of the State Border of the Russian Federation;

- federal state control (supervision) over compliance with the legislation of the Russian Federation in the field of arms trafficking and in the field of private security and private detective activities, as well as ensuring the safety of fuel and energy complex facilities, over the activities of security units of legal entities with special statutory tasks and departmental security units;

- protection of particularly important and sensitive objects, objects subject to mandatory protection by the National Guard troops, in accordance with the list approved by the Government of the Russian Federation, protection of property of individuals and legal entities under contracts;

- ensuring, by decision of the President of the Russian Federation, the security of senior officials of the subjects of the Russian Federation (heads of the highest executive bodies of state power of the subjects of the Russian Federation) and other persons.

The leadership of the National Guard troops is carried out by the President of the Russian Federation.

The National Guard troops exercise the following powers:

- general powers;

- special powers (coercive measures): detention; opening of a vehicle; entry (penetration) into residential and other premises, land plots and territories (water areas); cordon (blocking) of terrain areas (water areas), residential and other premises, buildings and other objects; formation and maintenance of data banks about citizens;

- powers to ensure the regimes of the state of emergency, martial law and the legal regime of the counter-terrorism operation and powers related to participation in the counter-terrorism operation;

- other powers provided for by federal constitutional laws, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

The powers of the National Guard troops are exercised by management bodies, associations, formations, military units, subdivisions, organizations and military personnel (employees) of the National Guard troops in the manner prescribed by federal constitutional laws, this Federal Law, other federal laws, regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, as well as regulatory legal acts of the authorized federal executive authority in compliance with the requirements of the legislation of the Russian Federation on the protection of state secrets.

Analysis of the provisions regulating the activities of specific executive authorities suggests that in the field of national security, executive authorities are divided into two main types – those for which this direction is the main type of professional activity, and those for which it is a secondary task. At the same time, the main part of the first group consists of paramilitary structures.

At the same time, the body directly carrying out activities to ensure national security is determined based on a specific type of security (for example, economic security, transport security, etc.). That is, various executive authorities of the same level perform functions to ensure national security. At the same time, some of them provide national security in a broad sense ("in general"), and some – its individual types. The organization of effective national security requires a clear coordination of the actions of various authorities in this area, ensuring full-fledged interaction, which requires a clear legal regulation.

In addition, each of the federal executive authorities has its own vertical structure, which also requires a clear delineation of powers to ensure national security, respectively, in general and special at each level.

Considering the issues of the system of bodies ensuring national security in the Russian Federation, it seems necessary in this context and briefly to explore the possibility and expediency of including local self-government bodies in this system.

The issues of legal regulation, the creation of an effective, democratic system of organization of local self-government occupy an essential place in the scientific works of recent decades, and is also a very controversial topic in the field of law enforcement.

This circumstance is caused, first of all, by the constitutional and legal nature of the institution of local self-government in our country – the main provisions regulating the institution of local self-government are fixed in the main law of our country, which determines the huge, state significance of this legal institution.

It seems that the increased attention of the legislator and the scientific sphere to the issues of local self–government is directly due to the legal nature of this institution - it is through local self-government that any citizen can most effectively exercise his right to govern, the right to participate in power.

It should be noted that the development of local self-government regulation is determined by the local traditions of the respective region.

Local self-government in Russia is considered in three aspects, as:

- the constitutional basis of the system;

- the right to resolve local issues by the people;

- democracy^[15].

Local self-government, as the basis of the constitutional system, is a component of the foundations of a democratic state^[16]. International legislation clearly establishes as one of the fundamental signs of a legal, democratic state the principle of organizing local self-government^[17].

Our Basic Law establishes that it is local self-government that ensures the independent solution of local issues by the population (Article 130), thus, it seems possible to say that local self-government performs managerial functions - the population independently, within the framework of delegated powers, manages the relevant territory, therefore, and to ensure security at the appropriate level.

The institution of local self-government allows each citizen to directly exercise their rights to ensure their interests at the local level.

 Local self-government is a form of direct expression of will.

Local self-government in the Russian Federation, as discussed above, is, among other things, a form of the exercise of power by the people, which provides the population with independence in solving issues of local importance, through the relevant local self-government bodies or directly^[18].

It seems possible to say that the primary level at which a citizen can exercise his rights and freedoms is the level of local, direct human activity.

At the same time, the analysis of the norms of legal regulation of the organization and activities of self-government bodies at the local level allows us to talk about the trend of statisization, which makes it impossible to declare a significant independent participation of local self-government bodies in ensuring national security.

The factors that caused these circumstances are, first of all, socio-economic and political. Thus, the weakness of the post-Soviet Russian state had various consequences. These factors have also influenced local government policies. The vertical dimension of the decline in state potential is manifested in the lack of control by the federal authorities over the regional processes of institution-building.

The practical consequence of this decline has been the ongoing regionalization of local government reform, which has led to large differences in the degree of autonomy allowed to local authorities and in the degree of democracy achieved at the local level.

The central Government's lack of a state-building strategy at the regional and local levels has led to disastrous results for local authorities in some regions. These factors, as noted, led to the reform of the organization and activities of the local self-government system.

At the same time, it seems extremely promising to involve local self-government bodies to actively participate in ensuring national security. At the same time, as specific areas requiring local self-government regulation reform in order to achieve this goal, we can name:

- providing an opportunity at the local level to independently determine the structure of local self-government bodies based on territorial features, historical traditions and the strategic importance of this territory;

- the role of the state in the organization and functioning of local self-government should be reduced to monitoring compliance with legislation in the activities of local self-government bodies, excluding the direct impact of the state on the described legal relations;

- creation of an effective base of anti-corruption measures at the local self-government level in order to organize an effective system of ensuring national security;

- in the development of the previous paragraph – the exclusion of any influence, interference in the process of formation of local self-government bodies.

It seems extremely necessary for the legislator to reform the system of local self-government, based on the fact that local self-government is recognized and guaranteed by the State, and not established by it.

Summing up, it is possible to note the following.

The system of ensuring national security is interpreted as the relationship of persons and national security bodies that ensure the implementation and protection of national interests within the framework of normative legal acts.

The supreme, coordinating person of the national security system is the President of the Russian Federation.

It is possible to divide the main single-level bodies in the national security system into general and special ones.

Depending on the level of government, the bodies in the national security system are divided into federal, territorial and local (municipal).

To ensure national security, it is necessary to have a clear interaction between different executive authorities and different levels of a particular authority, which requires an appropriate legal framework.