Shevchenko Yu.P., Kositsin I.A. Some Aspects of the Relation between Government and Non-Government Coercion

Abstract: The authors of the article analyze the essence of enforcement. A comparison of the positions of the legislator to regulate government and non-government coercion is made. Legal gaps in the legislation on private security activities have been demonstrated. Based on the analysis of legal regulation of the use of physical force by law enforcement agencies, voluntary people's guard as well as citizens, the authors have formulated a proposal to improve the legal regulation of the use of physical force by private security guards. Defense of their own rights and interests is a natural function of all organized social structures. Therefore, the authors believe that a government does not have a right to establish a monopoly on security activities as a defense of their rights. In the process of writing this article the authors have used the following research methods: hermeneutical approach, systems approach, analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The authors suggest that Article 16.1 of the law 'On Private Detective and Security Activity in the Russian Federation' should be read as follows: 'Private security guards have the right to apply physical force where soft power methods do not allow a security agency to accomplish their duty to apprehend a person who has committed a security incident trying to seize the guarded property or violating the on-site and/or access control as well as in cases when the use of special security means or firearm is allowed by the present Law'. 

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