Law on Police (Russia)
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| Law on Police (Russia) | |
|---|---|
| Name | Law on Police |
| Enacted by | State Duma (Russian Federation) |
| Signed by | Vladimir Putin |
| Enacted | 2011 |
| Status | current |
Law on Police (Russia)
The Law on Police is a federal statute enacted in the Russian Federation that codifies the legal status, powers, duties, and organization of the national police force, replacing earlier statutes and shaping relations between the Ministry of Internal Affairs (Russia), regional administrations such as the Government of Moscow and Government of Saint Petersburg, and citizens. The statute interfaces with instruments including the Constitution of Russia, the Criminal Procedure Code of Russia, the Civil Code of Russia, and statutes governing Federal Security Service (FSB), Investigative Committee of Russia, and municipal bodies. It has been central to legislative debates involving figures like Vladimir Putin, Dmitry Medvedev, and lawmakers from factions such as United Russia, Communist Party of the Russian Federation, A Just Russia, and Liberal Democratic Party of Russia.
Overview and Purpose
The law establishes legal definitions for roles within the police of Russia, delineates the functions of entities such as the Ministry of Internal Affairs (Russia), the Main Directorate of the Ministry of Internal Affairs for Moscow (MVD Moscow), and regional directorates in Sverdlovsk Oblast, Krasnodar Krai, and Republic of Tatarstan. It defines the scope of preventive measures, interaction with bodies like the Federal Protective Service (FSO), Federal Migration Service (former), and Federal Drug Control Service (former), and coordinates interfaces with judicial institutions including the Supreme Court of Russia and Constitutional Court of Russia. The law aims to reconcile public security objectives seen in events like the 2011–2013 Russian protests and the security priorities highlighted after incidents such as the Beslan school siege and the Moscow theater hostage crisis.
Historical Development
The legal lineage traces from Imperial statutes under the Russian Empire and reforms during the Soviet Union era to post-Soviet legislation passed by the State Duma (Russian Federation) and initiatives by ministers such as Boris Gryzlov and Rashid Nurgaliyev. Key legislative moments include changes following the 1993 constitutional crisis, the adoption of the Criminal Code of Russia (1996), and debates during presidencies of Boris Yeltsin, Vladimir Putin, and Dmitry Medvedev. Major milestones included the 2011 rebranding of the Militsiya (Soviet) to Police (Russia), parliamentary votes in the Federation Council (Russia), and subsequent regulatory adjustments influenced by international actors such as Council of Europe and interactions with treaties like the European Convention on Human Rights.
Key Provisions and Definitions
The statute defines police status, service regulations, grounds for detention, arrest, and searches linking to procedural norms in the Criminal Procedure Code of Russia and rights under the Constitution of Russia. It specifies terms for use of force, firearms, and special means, interoperating with rules applied by the Ministry of Defence (Russia) in coordination during counterterrorism incidents involving the National Guard of Russia (Rosgvardia). The law enumerates concepts such as "police officer", "operational-search activity", and "administrative detention", interfacing with instruments like the Code of Administrative Offenses (Russia) and professional standards from the Ministry of Internal Affairs (Russia). Provisions address cooperation with municipal entities such as Moscow City Duma initiatives, public order during events like Victory Day (Russia), and crowd-control protocols informed by incidents at places like Manezh Square.
Organization, Powers, and Duties of Police
Organizational rules cover hierarchy from central organs like the Ministry of Internal Affairs (Russia) to regional command in oblasts such as Moscow Oblast, Leningrad Oblast, and republics like Chechnya. The law sets recruitment, service, dismissal, and rank systems interacting with the Presidential Administration of Russia and employment law. Powers include crime prevention, investigation support, traffic regulation coordinated with the State Traffic Safety Inspectorate (GIBDD), border cooperation alongside the Federal Security Service (FSB), and participation in anti-corruption initiatives linked to bodies like the Investigative Committee of Russia and Prosecutor General of Russia. Duties emphasize protection of constitutional order, citizens’ rights, and coordination with emergency responders such as the Ministry of Emergency Situations (EMERCOM).
Oversight, Accountability, and Legal Remedies
Oversight mechanisms detailed include internal affairs units, public councils, and prosecutorial supervision by the Prosecutor General of Russia. Judicial review routes involve the Supreme Court of Russia and regional courts; human rights complaints may invoke the European Court of Human Rights under admissibility rules. The law interfaces with anti-corruption bodies such as the Anti-Corruption Council and oversight by legislative committees in the State Duma (Russian Federation). Administrative and criminal remedies for abuses reference statutes like the Criminal Code of Russia and Code of Administrative Offenses (Russia), while civil lawsuits engage regional courts and arbitration when employment disputes arise.
Amendments and Major Reforms
Notable amendments occurred under legislative initiatives led by deputies including Sergey Zheleznyak and ministers like Vladimir Kolokoltsev, affecting use-of-force rules, public oversight arrangements, and service conditions. Reforms followed public crises including 2011–2013 Russian protests, terrorism incidents such as the Beslan school siege, and legislative responses after high-profile criminal investigations involving figures referenced in media like Kommersant and Izvestia. International scrutiny prompted adjustments related to the European Court of Human Rights jurisprudence and compliance with multilateral commitments.
Criticism, Legal Challenges, and Public Debate
Critics from NGOs such as Memorial (society), Human Rights Watch, and Amnesty International have challenged provisions on detention and use of force, bringing cases before bodies including the European Court of Human Rights and sparking parliamentary debates in the Federation Council (Russia). Media outlets like Novaya Gazeta and commentators in RBC (media) have highlighted incidents leading to litigation under the Criminal Procedure Code of Russia. Public debates involve political parties like Yabloko and civic movements such as the 2011–2013 Russian protests, focusing on transparency, accountability, and alignment with constitutional guarantees enshrined in the Constitution of Russia.