Автор Анна Евкова
Преподаватель который помогает студентам и школьникам в учёбе.

Law enforcement is one of the types of state activity

Article 1 of the Constitution defines Russia as a state governed by the rule of law. This means that the state, through its bodies, carries out its activities on the basis of law, ensures the rule of law, the protection of the legitimate interests of the individual, and the mutual responsibility of the state and citizens.

Article 2 of the Constitution declares human rights and freedoms to be the highest value, and the recognition, observance and protection of rights and freedoms to be the duty of the state. Thus, the state obliges all its organs and institutions to respect and observe the legitimate rights and freedoms of citizens. All legislative, Executive and judicial bodies must take measures to maintain law and order in the state. Strictly observing the laws, ensuring the realization of their rights by citizens, defending the legitimate interests of the state, the state bodies thereby indirectly participate in law enforcement, that is, contribute to the protection of the right from violations. However, this is an important, but not the only aspect of the activities of most public authorities. Basically, they solve specific economic, cultural, social problems for which they are created. And for constant protection of the right from violations, for identification, suppression and prevention of offenses, application of various sanctions to offenders the state creates special bodies for which law enforcement is the main. These bodies are authorized by special laws to carry out law enforcement activities in the form prescribed by law.

Thus, we can talk about law enforcement in a broad and narrow sense. In a broad sense, it is the activity of all state bodies that ensure respect for the rights and freedoms of citizens, their implementation, the rule of law and the rule of law. In the narrow sense, it is the activity of specially authorized bodies to protect the right from violations, carried out in the form prescribed by law, in accordance with the competence of the body.

As already mentioned, the state creates special bodies, the main purpose of which is to protect the right from violations, identify, suppress and prevent violations, apply coercive measures to violators. These bodies are called law enforcement. It should be noted that the law does not contain the concept of a law enforcement Agency and there is no list of those bodies that are related to law enforcement. In this regard, in the legal literature developed a number of features that must comply with the public authority in order to be considered law enforcement:

1. The law enforcement authority is empowered by law to carry out law enforcement activities. As a rule, it is a law specifically devoted to the tasks of the organization and activities of this body.

2. The law enforcement Agency does not carry out its activities in any form, but in accordance with the rules and procedures established by law. Violation of these rules by law enforcement officers entails disciplinary, administrative, material or criminal liability.

3. Law enforcement agencies in the course of their activities have the right to apply measures of state coercion to persons who have committed an offense. These measures vary according to the competence of the authority and the gravity of the crime committed.

4. Legal and reasonable decisions taken by law enforcement agencies are subject to mandatory execution