Features of the Organization and Implementation of Public Control in the Border Regions of the Russian Federation: Constitutional and Legal Analysis

Goncharov Vitalii Viktorovich PhD in Law Associate Professor, Dean of the Faculty of Higher Education, Polytechnic Institute (branch), Don State Technical University in Taganrog 347900, Russia, Rostov region, Taganrog, Petrovskaya str., 109a niipgergo2009@mail.ru Other publications by this author

Introduction.

The organization and implementation of public control are widely studied in the works of V. V. Grib, ^{[5, pp. 3-13]} S. A. Avakyan, ^{[1, pp. 3-17]} T. Ya. Khabrieva, ^{[11, pp. 5-10]} G. N. Chebotarev, ^{[12, pp. 62-65]} E. V. Berdnikova, ^{[2, pp. 320-324]} G. N. Komkova, ^{[8, pp. 11-19]} T. N. Mikheeva, ^{[10, pp. 59-66]} as well as a number of other authors.

However, the events of recent years, characterized, on the one hand, by the entry into the Russian Federation of six new regions, starting in 2014, in four of which there is a reflection of military aggression from Ukraine, and on the other hand, the growth of risks in ensuring the security of Russia along the entire perimeter of its state border, have increased the relevance of research features organization and implementation of public control in the border regions of the Russian Federation. This determined the choice of the topic of this scientific research, the purpose of which is not only to identify and formalize the main problems that hinder the functioning of this institution of civil society in the border regions of Russia, but also to develop and justify a set of measures to resolve them.

Achieving this goal is possible with the implementation of a number of scientific tasks, which include: 1) substantiation of the places and role of the institute of public control in the system of legal guarantees for the implementation, protection and protection of the constitutional principles of democracy and public participation in the management of state affairs; 2) identification of the features of the organization and functioning of this institution of civil society in the border regions of the Russian Federation; 3) identification and formalization of the main problems that hinder the organization and implementation of public control in these regions; 4) development and justification of a system of measures to resolve these problems.

The main text.

The Constitution of the Russian Federation has consolidated the legal status of the multinational people of Russia as the bearer of sovereignty and the sole source of power in the country, exercising its powers both directly (in particular, through the institutions of free elections and referendums) and indirectly (for example, through the activities of state authorities and local self-government bodies). However, the constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees, the most important of which is the institute of public control, which grants citizens of the Russian Federation, as well as public associations and other non-governmental non-profit organizations, the right to exercise control over the activities, acts and decisions of state authorities and local self-government bodies, state and municipal organizations, other bodies and organizations exercising certain public powers in accordance with federal laws.

A certain problem in the organization and implementation of public control in the Russian Federation is, as we have already noted in previously published works, ^{[4, pp. 146-169]} the definition of spatial boundaries within which public control measures are carried out.  It seems that the subjects of public control have the right to carry out public control measures throughout the territory of the Russian Federation. However, the territory of activity of regional public chambers, public chambers (councils) of municipalities, public councils under regional executive authorities is limited to the respective territories of the subjects of the Russian Federation and municipalities. For example, the Law of the Krasnodar Territory dated 03.03.2017 No. 3575-KZ "On the Public Chamber of the Krasnodar Territory and on Amendments to Certain Legislative Acts of the Krasnodar Territory" in Article 1 fixes the spatial boundaries of the organization and activities of the Public Chamber of the Krasnodar Territory within the territory of this subject of the Russian Federation.

In addition, the organization and functioning of the institute of public control in the border regions of Russia has a number of its own features.

Firstly, some of the public authorities, as well as state organizations, other bodies and organizations exercising certain public powers on the basis of federal laws located in the border subjects of the Russian Federation, are closely connected with activities to ensure state security and protection of the state border of Russia. Consequently, the above-mentioned objects of public control in the border regions of the country are a specific feature in the organization of public control activities in them.

Secondly, in the border zone, in accordance with the legislation of the Russian Federation, the rights and freedoms of certain categories of citizens are significantly restricted. For example, on the basis of the Order of the Federal Security Service of the Russian Federation dated 10/15/2012 No. 515 "On approval of the Rules of the border regime", the right of temporary stay, as well as movement of persons and vehicles in the border zone is restricted, except for the categories of persons specifically specified in this regulatory legal act.

Thirdly, most of the border regions of the Russian Federation have a large territorial area and length, and are also located in hard-to-reach parts of the country, which significantly complicates and increases the cost of public control measures.

It seems that the organization and implementation of public control in the border regions of the Russian Federation, as rightly noted by a number of authors, ^{[9, pp. 25-35; 3]} are associated with numerous problems, among which the following can be distinguished:

Firstly, a significant problem hindering the organization and implementation of public control in the border regions of the country is the fact that this institution of civil society is not enshrined in the Constitution of the Russian Federation, which reduces its authority and significance both in the eyes of Russian citizens and officials of public authorities (especially law enforcement agencies), which, as we noted in previously published works, unprofitably distinguishes the institute of public control from the institute of people's control of power, enshrined in the constitutions of the USSR and the RSFSR as its union republic (in which not only the system of people's control was formalized, but also the mechanism of interaction of people's control bodies with the entire system of public administration in the country was detailed). ^{[4, pp. 146-169]}

In this regard, it seems necessary to make amendments and additions to the Constitution of the Russian Federation regarding the incorporation into it of the institution of public control in the country (its concepts, principles, list of subjects and objects, basic methods and forms, as well as the mechanism of interaction of subjects of public control with public authorities, especially law enforcement agencies).

Secondly, a significant problem that complicates the organization and conduct of public control measures in border regions is the fact that Federal Law No. 212-FZ of 21.07.2014 "On the Basics of Public Control in the Russian Federation" removed Article 2 from its subject matter (under the pretext of the need to resolve these issues in separate federal laws) a number of objects of public control, for example, activities in the field of national defense and state security, public security and law and order, which are somehow related to the protection of the state border of the Russian Federation, ensuring state security, as well as public security and law and order in the border zone. However, at present, separate federal laws on the organization of public control have not been adopted for most of the objects removed from the subject of the above-mentioned Federal Law. Moreover, the existing federal laws regulating the organization and activities of individual public authorities, whose competence includes, for example, ensuring the defense of the country and the security of the state, have not included separate articles (chapters, sections) devoted to the basics of the organization and implementation of public control. This gives rise, according to a number of authors, to numerous discussions regarding the issues of normative consolidation and scientific vision of objects of public control. ^{[6, pp. 154-160; 7, pp. 119-123]}

In this regard, it is necessary to develop and adopt separate federal laws on the legal foundations of public control in relation to objects removed from the subject of Federal Law No. 212-FZ of 21.07.2014, or to include in the current federal laws regulating the organization and activities of individual public authorities whose competence includes, for example, ensuring the defense of the country and the security of the state (in particular, federal laws No. 40-FZ of 03.04.1995 "On the Federal Security Service", No. 390-FZ of 28.12.2010 "On Security") did not include separate articles (chapters, sections) devoted to the basics of the organization and implementation of public control.

Thirdly, a certain problem in the organization and implementation of public control in the border regions of the country is the fact that legislation currently does not provide for the restriction of the rights of citizens of the Russian Federation, public associations, and other non-governmental non-profit organizations to exercise public control. However, regulatory legal acts issued by the Federal Security Service, for example, Order No. 515 of the Federal Security Service of the Russian Federation dated 10/15/2012 "On Approval of the Rules of the Border Regime", as well as a number of other law enforcement federal ministries, services and agencies, contain norms that complicate the organization and conduct of public control measures in border regions (for example, in border zones).

In this regard, it seems necessary to fix in the subordinate regulatory legal acts issued by federal ministries, services and agencies, provisions on the mechanism and procedure for public control in these federal executive bodies, as well as on the mechanism of their interaction with subjects of public control.

In addition, since the activities of federal executive authorities, as well as their territorial divisions in the border regions of the country, are directly related to issues of state and other legally protected secrets, the Public Chamber of the Russian Federation, together with the Federal Security Service, should be entrusted with the issue of obtaining appropriate permits by representatives of subjects of public control, for example, to state secrets. This will allow the implementation of public control measures in the border regions in relation to the activities, acts and decisions of law enforcement agencies by those representatives of subjects of public control who will receive the aforementioned access.

Fourth, a certain problem in the organization and implementation of public control in the border regions of Russia is the fact that the current legislation does not provide a detailed mechanism for countering the use of this institution of civil society as a tool for undermining national security, destabilizing the political situation, organizing "color revolutions", etc. And, although today a number of federal laws have been adopted, for example, Federal Law No. 255-FZ of 14.07.2022 "On control over the activities of persons under foreign influence", dedicated to countering the use of non-governmental non-profit organizations to the detriment of the interests of the Russian Federation, in our opinion, it is necessary to include in the federal legislation on public control provisions on preventing the use of this institution of civil companies for the above-mentioned purposes. For example, it is necessary to prohibit participation as representatives of subjects of public control to persons included in the Unified Register of Individuals Affiliated with Foreign Agents, the creation of which is provided for in article 6 of the above-mentioned Federal Law (as well as family members of these persons).

Fifthly, a significant problem in the organization and implementation of public control in the border subjects of the Russian Federation is the lack of consolidation in the current criminal and administrative legislation of measures of criminal and administrative responsibility of officials of public authorities, including law enforcement agencies, other public authorities whose activities are related to the protection of the state border Of the Russian Federation, ensuring state security, as well as public security and law and order in the border zone, for countering the legitimate activities of subjects of public control.

In this regard, amendments and additions should be made to the Criminal Code of the Russian Federation, as well as the Code of the Russian Federation on Administrative Offenses, in terms of fixing measures of responsibility of officials of public authorities, state and municipal organizations, other bodies and organizations exercising certain public powers on the basis of federal laws, for countering the legitimate activities of subjects of public control. At the same time, if this counteraction is carried out by officials of law enforcement agencies or other public authorities whose activities are related to the protection of the state border of the Russian Federation, ensuring state security, as well as public security and law and order in the border zone, then these illegal actions should be qualified with the application of more severe measures of legal responsibility.

Sixth, a certain problem hindering the organization and implementation of public control in the border regions of the Russian Federation is the lack of development in the current legislation, as well as the scientific legal doctrine of constitutional law of specific methods, principles, conditions, types of public control measures that can be used when conducting public control measures by its subjects in border regions. In this regard, it is necessary to develop and consolidate the above-mentioned provisions in the legislation on public control.

Conclusion.

The implementation of these measures will not only solve the problems that hinder the organization and implementation of public control measures in the border regions of the Russian Federation, but also generally strengthen this institution of civil society as the most important legal guarantee for the implementation, protection and protection of the constitutional principles of democracy and public participation in the management of state affairs.