This edition of the textbook on the course "Law Enforcement" is the eighth. The need for it arose due to the fact that its previous editions are now significantly outdated and none of them can be unconditionally recommended for use in the educational process. This is primarily due to the fact that during the entire specified period of time there has been and continues to be an ongoing process of updating Russian legislation, including that which is of fundamental importance for the organization and fundamentals of the activities of law enforcement agencies.
For undergraduates, graduate students, teachers of law universities and faculties whose curricula are designed to train lawyers of a wide profile. For anyone interested in the structure and powers of law enforcement agencies.
Any lawyer must know well how the bodies that are actively involved in the implementation of legal regulations are structured and operate. This knowledge is needed not only for future professional practice in all areas of legal activity after graduating from an educational institution and receiving the appropriate diploma. They must be owned by judges and prosecutors, investigators and investigators, lawyers and lawyers working in legislative or executive institutions, in state or private commercial or industrial organizations. They are also extremely necessary for a law student, a future lawyer, when mastering many disciplines that will have to be learned during the entire course of study at a law school.
The academic discipline "Law Enforcement Agencies" provides general, basic information about law enforcement activities and those state and non-state institutions that are called upon to carry them out. The range of such institutions is relatively wide. According to popular opinion, these include, first of all, the courts, the prosecutor's office, the justice and internal affairs bodies, the tax police, the bar and similar organizations and formations. Many other bodies are also involved in the performance of some law enforcement functions, including, for example, those that, while ensuring the solution of other very important government tasks, at the same time make a major contribution to the detection and investigation of crimes (for example, through operational investigative activities or inquiries) .
Content
PREFACE 1
ChapterI. BASIC CONCEPTS, SUBJECT AND SYSTEM OF DISCIPLINE "LAW ENFORCEMENT" 5
§ 1. Law enforcement activity, its features, concept and tasks 5
§ 2. Main directions (functions) of law enforcement activities 11
§ 3 Law enforcement agencies: general characteristics and system 13
§ 4. Academic discipline "Law enforcement agencies": subject, name, system and content 21
§ 5. Correlation of the discipline “Law enforcement agencies” with other legal disciplines 25
Recommended legal sources 27
Test questions 28
Chapter II. LEGISLATION AND OTHER LEGAL ACTS ON LAW ENFORCEMENT AGENCIES 29
§ 1. General characteristics and classification of legal acts on law enforcement agencies 29
§ 2. Classification of legal acts on law enforcement agencies according to their content 30
§ 3. Classification of legal acts on law enforcement agencies according to their legal significance 38
Recommended legal sources 43
Test questions 43
Chapter III. JUDICIAL POWER AND THE SYSTEM OF BODIES EXERCISING IT 44
§ 1. Judicial power, its concept and relationship with other branches of government 44
§ 2. The court as a judicial authority 53
§ 3. Judicial system 55
Recommended legal sources 64
Test questions 65
Chapter IV. JUSTICE AND ITS DEMOCRATIC FOUNDATIONS (PRINCIPLES) 66
§ 1. Distinctive features and concept of justice 66
§ 2. Democratic foundations (principles) of justice; their concept, origins and meaning 71
§ 3. Legality 72
§ 4. Ensuring the rights and freedoms of man and citizen in the administration of justice 75
§ 5. Administration of justice only by court 78
§ 6. Ensuring the legality, competence and impartiality of the court 80
§ 7. Independence of courts, independence of judges and assessors 84
§ 8. Administration of justice on the basis of equality of all before the law and the court 86
§ 9. Ensuring the right of citizens to judicial protection 89
§ 10. Competitiveness and equality of the parties 91
§ 11. Providing the suspect, accused and defendant with the right to defense 93
§ 12. Presumption of innocence 94
§ 13. Open hearing of cases in all courts 95
§ 14. Ensuring the possibility of using one’s native language in court 96
§ 15. Participation of citizens in the administration of justice 98
Recommended legal sources 100
Test questions 102
Chapter V. THE MAIN LINK OF THE FEDERAL COURTS OF GENERAL JURISDICTION 104
§ 1. The district court is the main link of federal courts of general jurisdiction 104
§ 2. Stages of development of the district court 105
§ 3. Powers of the district court 108
§ 4. Fundamental rights and duties of judges 114
§ 5. Chairman (judge) of the district court 115
§ 6. Organization of work in the district court 116
Recommended legal sources 119
Test questions 120
Chapter VI. MIDDLE LEVEL OF FEDERAL COURTS OF GENERAL JURISDICTION 121
§ 1. Mid-level courts, their powers and place in the system of federal courts of general jurisdiction 121
§ 2. Main stages of development of mid-level courts 123
§ 3. Composition and structure of mid-level courts, powers of structural units of courts at this level 126
§ 4. Organization of work in mid-level courts 128
Recommended legal sources 132
Test questions 132
Chapter VII. MILITARY COURTS 134
§ 1. The tasks of military courts and their place in the Russian judicial system 134
§ 2. Stages of development of military courts 137
§ 3. Jurisdiction of military courts 140
§ 4. Fundamentals of organization and jurisdiction of military courts 146
Recommended legal sources 151
Test questions 153
Chapter VIII. SUPREME COURT OF THE RUSSIAN FEDERATION 154
§ 1. The Supreme Court of the Russian Federation is the highest judicial body of courts of general jurisdiction 154
§ 2. Main stages in the history of the Supreme Court of the Russian Federation 156
§ 3. Judicial powers of the Supreme Court of the Russian Federation 158
§ 4. The procedure for the formation of the Supreme Court of the Russian Federation, its composition and structure 160
§ 5. Organization of work in the Supreme Court of the Russian Federation 167
Recommended legal sources 170
Test questions 170
Chapter IX. ARBITRATION COURTS AND OTHER ARBITRATION BODIES 172
§ 1. Arbitration courts, their role and main tasks 172
§ 2. Stages of development of arbitration bodies 174
§ 3. Main level arbitration courts, their composition and powers 177
§ 4. Arbitration courts of appeal, their composition and powers 182
§ 5. Federal arbitration courts of districts (arbitration courts of cassation): procedure for formation, composition and powers 185
§ 6. The Supreme Arbitration Court of the Russian Federation, its composition, structure and powers 188
§ 7. Other arbitration bodies 196
Recommended legal sources 201
Test questions 202
Chapter X. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION 203
§ 1. Constitutional control, its concept and origins 203
§ 2. Constitutional Court of the Russian Federation: powers and foundations of organization 208
§ 3. Decisions of the Constitutional Court of the Russian Federation, their types, content, form and legal significance 218
Recommended legal sources 222
Test questions 223
Chapter XI. COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION 224
§ 1. Constitutional (statutory) courts 224
§ 2. Justices of the peace 226
Recommended legal sources 232
Test questions 232
Chapter XII. STATUS OF JUDGES, JURIES AND ARBITRATION JUDGERS 233
§ 1. Judicial corps (judicial community) and the status of judges: concept and general characteristics 233
§ 2. The procedure for forming the judiciary 237
§ 3. Guarantees of independence of judges 244
§ 4. The judicial community and its bodies 257
§ 5. Qualification boards and certification of judges 259
§ 6. Status of jurors and arbitration assessors 262
Recommended legal sources 267
Test questions 268
Chapter XIII. MAIN STAGES IN THE DEVELOPMENT OF THE RUSSIAN JUDICIAL SYSTEM 269
§ 1. The establishment of Russian courts as institutions separate from other government bodies (pre-reform courts) 269
§ 2. Judicial reform of 1864 and its main results 272
§ 3. Formation and development of courts in the post-October period: from 1917 to the present day 282
1. The period from October 1917 to 1922-1924 282
2. The period from 1925 to the beginning of the 30s 284
3. The period from the beginning of the 30s to 1953 285
4. The period from 1953 to the mid-80s 285
5. Modern judicial and legal reform, its prerequisites and main results 287
Recommended sources 289
Test questions 290
Chapter XIV. ORGANIZATIONAL SUPPORT OF THE ACTIVITIES OF COURTS AND THE BODIES IMPLEMENTING IT 291
§ 1. The concept and content of organizational support for the activities of courts 291
§ 2. Evolution of organizational support for the activities of courts 294
§ 3. Bodies providing organizational support for the activities of courts 301
§ 4. Judicial Department of the Supreme Court of the Russian Federation 306
§ 5. Court administrators 309
§ 6. Ministry of Justice of the Russian Federation and its bodies: main functions and organization 311
§ 7. Federal Bailiff Service 320
Recommended legal sources 323
Test questions 325
Chapter XV. PROSECUTORAL SUPERVISION AND PROSECUTORY BODIES 326
§ 1. Prosecutor's supervision and areas of prosecutorial activity 326
§ 2. Main stages of development of the prosecutor’s office 334
§ 3. System, structure and procedure for the formation of prosecutorial bodies 338
§ 4. Personnel of the prosecutor's office 341
Recommended legal sources 344
Test questions 345
Chapter XVI. ORGANIZATION OF IDENTIFICATION AND INVESTIGATION OF CRIMES 346
§ 1. Identification and investigation of crimes: 346
1. Concept 346
2. Stages of development 350
§ 2. Bodies carrying out operational investigative activities, their competence 356
§ 3. Bodies of inquiry, their competence 358
§ 4. Preliminary investigation bodies, their competence 362
Recommended legal sources 366
Test questions 367
Chapter XVII. LEGAL ASSISTANCE AND ITS ORGANIZATION 368
§ 1. Legal assistance: content and meaning 368
§ 2. Bar: 369
1. Advocacy and advocacy 369
2. Formation and evolution of the Russian legal profession 373
3. Lawyer status 378
4. Forms of organization of advocacy 381
5. Bar Association of a constituent entity of the Russian Federation 383
6. Federal Chamber of Lawyers of the Russian Federation 386
§ 3. Notary office: functions, organization and management of its activities 388
Recommended legal sources 393
Test questions 394
DISCIPLINE PROGRAM
"LAW ENFORCEMENT" 395
ALPHABETICAL SUBJECT INDEX 405
On November 19, 2013, at the age of 85, Konstantin Fedorovich Gutsenko, a Russian scientist-proceduralist, Doctor of Law, Professor of the Department of Criminal Procedure, Justice and Prosecutor's Supervision of the Faculty of Law of Moscow State University, died suddenly. Lomonosov.
In 1954, he graduated with honors from the Faculty of Law of Leningrad State University and entered the correspondence graduate school of the All-Union Institute of Legal Sciences. In 1957 he defended his PhD thesis on the topic “Private prosecution in Soviet criminal proceedings”, and in 1974 - his doctoral dissertation on the topic “US Criminal Justice (a critical analysis of the main legal institutions that ensure the implementation of criminal repression).”
In 1954 he became a lawyer at the Moscow City Bar Association.
Since 1956, he worked at the All-Russian Research Institute of Soviet Legislation (VNIISZ): graduate student, researcher, head of sector, scientific secretary, in 1978–1987. - Deputy Director, Director of VNIISZ. For about 20 years he worked on the scientific advisory council of the Supreme Court of the Russian Federation.
From August 1987 to April 2012, he was the head of the department of criminal procedure, justice and prosecutorial supervision at the Faculty of Law of Moscow State University named after M.V. Lomonosov. Since April 2012 he has been a professor in this department.
K.F. Gutsenko is the author of more than 180 scientific works on the problems of domestic and foreign criminal proceedings, the organization and fundamentals of law enforcement agencies, international cooperation in the field of human rights, including the books: “The US Judicial System” (1961); "Criminal Procedure of the Main Capitalist States" (1969); "Codification of Legislation in the United States" (1971); "US Criminal Justice" (1979). Some of his works have been translated into foreign languages and published abroad. In addition, he is the author, co-author and executive editor of textbooks and teaching aids: “Soviet criminal procedure”; "Law enforcement agencies"; "Fundamentals of US Criminal Procedure", "Criminal Procedure". Participated in work on drafts of the Criminal Procedure Code, the Law “On the Judicial System”, the UN Convention on the Rights of the Child, and other regulations.
Konstantin Fedorovich was awarded an order, medals, has the honorary title “Honored Lawyer of the RSFSR”, and was an Honored Scientist of the Russian Federation.
Konstantin Fedorovich worked until the last day: he gave four lecture courses, conducted practical classes, and supervised coursework and dissertations.
The staff of the faculty and the department of criminal procedure, justice and prosecutorial supervision express deep condolences to the family and friends of Konstantin Fedorovich in connection with his death. Colleagues, graduates of the Faculty of Law of Moscow State University named after M.V. Lomonosov, students and graduate students will always remember Konstantin Fedorovich, his kindness, love for work, and wise advice.
8th ed. - M.: Zertsalo, 2007. - 440 p.
This edition of the textbook on the course "Law Enforcement" is the eighth. The need for it arose due to the fact that its previous editions are now significantly outdated and none of them can be unconditionally recommended for use in the educational process. This is primarily due to the fact that during the entire specified period of time there has been and continues to be an ongoing process of updating Russian legislation, including that which is of fundamental importance for the organization and fundamentals of the activities of law enforcement agencies.
The eighth edition, like the first seven, was prepared on the basis of a curriculum compiled in accordance with the requirements of the State educational standard for higher professional education in specialty 021100 - “Jurisprudence” and used by teachers and students of the Faculty of Law of Moscow State University. M.V. Lomonosov. In this edition, the material contained in previous editions has been updated as much as possible, taking into account all current changes in legislation and other legal acts.
For undergraduates, graduate students, teachers of law universities and faculties whose curricula are designed to train lawyers of a wide profile. For anyone interested in the structure and powers of law enforcement agencies.
Format: pdf/zip (2007 , 8th ed., 440 pp.)
Size: 43.3 MB
RGhost
Format: doc/zip (2000 , 5th ed., 400 pp.)
Size: 1.46 KB
/Download file
Content
PREFACE 1
Chapter I. BASIC CONCEPTS, SUBJECT AND SYSTEM OF DISCIPLINE "LAW ENFORCEMENT" 5
§ 1. Law enforcement activity, its features, concept and tasks 5
§ 2. Main directions (functions) of law enforcement activities 11
§ 3 Law enforcement agencies: general characteristics and system 13
§ 4. Academic discipline "Law enforcement agencies": subject, name, system and content 21
§ 5. Correlation of the discipline “Law enforcement agencies” with other legal disciplines 25
Recommended legal sources 27
Test questions 28
Chapter II. LEGISLATION AND OTHER LEGAL ACTS ON LAW ENFORCEMENT AGENCIES 29
§ 1. General characteristics and classification of legal acts on law enforcement agencies 29
§ 2. Classification of legal acts on law enforcement agencies according to their content 30
§ 3. Classification of legal acts on law enforcement agencies according to their legal significance 38
Recommended legal sources 43
Test questions 43
Chapter III. JUDICIAL POWER AND THE SYSTEM OF BODIES EXERCISING IT 44
§ 1. Judicial power, its concept and relationship with other branches of government 44
§ 2. The court as a judicial authority 53
§ 3. Judicial system 55
Recommended legal sources 64
Test questions 65
Chapter IV. JUSTICE AND ITS DEMOCRATIC FOUNDATIONS (PRINCIPLES) 66
§ 1. Distinctive features and concept of justice 66
§ 2. Democratic foundations (principles) of justice; their concept, origins and meaning 71
§ 3. Legality 72
§ 4. Ensuring the rights and freedoms of man and citizen in the administration of justice 75
§ 5. Administration of justice only by court 78
§ 6. Ensuring the legality, competence and impartiality of the court 80
§ 7. Independence of courts, independence of judges and assessors 84
§ 8. Administration of justice on the basis of equality of all before the law and the court 86
§ 9. Ensuring the right of citizens to judicial protection 89
§ 10. Competitiveness and equality of the parties 91
§eleven. Providing the suspect, accused and defendant with the right to defense 93
§ 12. Presumption of innocence 94
§ 13. Open hearing of cases in all courts 95
§ 14. Ensuring the possibility of using one’s native language in court 96
§ 15. Participation of citizens in the administration of justice 98
Recommended legal sources 100
Test questions 102
Chapter V. THE MAIN LINK OF THE FEDERAL COURTS OF GENERAL JURISDICTION 104
§ 1. The district court is the main link of federal courts of general jurisdiction 104
§ 2. Stages of development of the district court 105
§ 3. Powers of the district court 108
§ 4. Fundamental rights and duties of judges 114
§ 5. Chairman (judge) of the district court 115
§ 6. Organization of work in the district court 116
Recommended legal sources 119
Test questions 120
Chapter VI. MIDDLE LEVEL OF FEDERAL COURTS OF GENERAL JURISDICTION 121
§ 1. Mid-level courts, their powers and place in the system of federal courts of general jurisdiction 121
§ 2. Main stages of development of mid-level courts 123
§ 3. Composition and structure of mid-level courts, powers of structural units of courts at this level 126
§ 4. Organization of work in mid-level courts 128
Recommended legal sources 132
Test questions 132
Chapter VII. MILITARY COURTS 134
§ 1. The tasks of military courts and their place in the Russian judicial system 134
§ 2. Stages of development of military courts 137
§ 3. Jurisdiction of military courts 140
§ 4. Fundamentals of organization and jurisdiction of military courts 146
Recommended legal sources 151
Test questions 153
Chapter VIII. SUPREME COURT OF THE RUSSIAN FEDERATION 154
§ 1. The Supreme Court of the Russian Federation is the highest judicial body of courts of general jurisdiction 154
§ 2. Main stages in the history of the Supreme Court of the Russian Federation 156
§ 3. Judicial powers of the Supreme Court of the Russian Federation 158
§ 4. The procedure for the formation of the Supreme Court of the Russian Federation, its composition and structure 160
§ 5. Organization of work in the Supreme Court of the Russian Federation 167
Recommended legal sources 170
Test questions 170
Chapter IX. ARBITRATION COURTS AND OTHER ARBITRATION BODIES 172
§ 1. Arbitration courts, their role and main tasks 172
§ 2. Stages of development of arbitration bodies 174
§ 3. Main level arbitration courts, their composition and powers 177
§ 4. Arbitration courts of appeal, their composition and powers 182
§ 5. Federal arbitration courts of districts (arbitration courts of cassation): procedure for formation, composition and powers 185
§ 6. The Supreme Arbitration Court of the Russian Federation, its composition, structure and powers 188
§ 7. Other arbitration bodies 196
Recommended legal sources 201
Test questions 202
Chapter X. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION 203
§ 1. Constitutional control, its concept and origins 203
§ 2. Constitutional Court of the Russian Federation: powers
and basics of organization 208
§ 3. Decisions of the Constitutional Court of the Russian Federation, their types,
content, form and legal meaning 218
Recommended legal sources 222
Test questions 223
Chapter XI. COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION... 224
§ 1. Constitutional (statutory) courts 224
§ 2. Justices of the peace 226
Recommended legal sources 232
Test questions 232
Chapter XII. STATUS OF JUDGES, JURIES AND ARBITRATION JUDGERS 233
§ 1. Judicial corps (judicial community) and the status of judges: concept and general characteristics 233
§ 2. The procedure for forming the judiciary 237
§ 3. Guarantees of independence of judges 244
§ 4. The judicial community and its bodies 257
§ 5. Qualification boards and certification of judges 259
§ 6. Status of jurors and arbitration assessors 262
Recommended legal sources 267
Test questions 268
Chapter XIII. MAIN STAGES IN THE DEVELOPMENT OF THE RUSSIAN JUDICIAL SYSTEM 269
§ 1. The establishment of Russian courts as institutions separate from other government bodies (pre-reform courts) 269
§ 2. Judicial reform of 1864 and its main results 272
§ 3. Formation and development of courts in the post-October period: from 1917 to the present day 282
1. The period from October 1917 to 1922-1924 282
2. The period from 1925 to the beginning of the 30s 284
3. The period from the beginning of the 30s to 1953 285
4. The period from 1953 to the mid-80s 285
5. Modern judicial and legal reform, its prerequisites and main results 287
Recommended sources 289
Test questions 290
Chapter XIV. ORGANIZATIONAL SUPPORT OF THE ACTIVITIES OF COURTS AND THE BODIES IMPLEMENTING IT 291
§ 1. The concept and content of organizational support for the activities of courts 291
§ 2. Evolution of organizational support for the activities of courts 294
§ 3. Bodies providing organizational support for the activities of courts 301
§ 4. Judicial Department of the Supreme Court of the Russian Federation 306
§ 5. Court administrators 309
§ 6. Ministry of Justice of the Russian Federation and its bodies: main functions and organization 311
§ 7. Federal Bailiff Service 320
Recommended legal sources 323
Test questions 325
Chapter XV. PROSECUTORAL SUPERVISION AND PROSECUTORY BODIES 326
§ 1. Prosecutor's supervision and areas of prosecutorial activity 326
§ 2. Main stages of development of the prosecutor’s office 334
§ 3. System, structure and procedure for the formation of prosecutorial bodies 338
§ 4. Personnel of the prosecutor's office 341
Recommended legal sources 344
Test questions 345
Chapter XVI. ORGANIZATION OF IDENTIFICATION AND INVESTIGATION OF CRIMES 346
§ 1. Identification and investigation of crimes: 346
1. Concept 346
2. Stages of development 350
§ 2. Bodies carrying out operational investigative activities, their competence 356
§ 3. Bodies of inquiry, their competence 358
§ 4. Preliminary investigation bodies, their competence 362
Recommended legal sources 366
Test questions 367
Chapter XVII. LEGAL ASSISTANCE AND ITS ORGANIZATION 368
§ 1. Legal assistance: content and meaning 368
§ 2. Bar: 369
1. Advocacy and advocacy 369
2. Formation and evolution of the Russian legal profession 373
3. Lawyer status 378
4. Forms of organization of advocacy 381
5. Bar Association of a constituent entity of the Russian Federation 383
6. Federal Chamber of Lawyers of the Russian Federation 386
§ 3. Notary office: functions, organization and management of its activities 388
Recommended legal sources 393
Test questions 394
DISCIPLINE PROGRAM
"LAW ENFORCEMENT" 395
ALPHABETICAL SUBJECT INDEX 405
8th ed. - M.: Zertsalo, 2007. - 440 p.
This edition of the textbook on the course "Law Enforcement" is the eighth. The need for it arose due to the fact that its previous editions are now significantly outdated and none of them can be unconditionally recommended for use in the educational process. This is primarily due to the fact that during the entire specified period of time there has been and continues to be an ongoing process of updating Russian legislation, including that which is of fundamental importance for the organization and fundamentals of the activities of law enforcement agencies.
The eighth edition, like the first seven, was prepared on the basis of a curriculum compiled in accordance with the requirements of the State educational standard for higher professional education in specialty 021100 - “Jurisprudence” and used by teachers and students of the Faculty of Law of Moscow State University. M.V. Lomonosov. In this edition, the material contained in previous editions has been updated as much as possible, taking into account all current changes in legislation and other legal acts.
For undergraduates, graduate students, teachers of law universities and faculties whose curricula are designed to train lawyers of a wide profile. For anyone interested in the structure and powers of law enforcement agencies.
Format: pdf/zip (2007 , 8th ed., 440 pp.)
Size: 43.3 MB
RGhost
Format: doc/zip (2000 , 5th ed., 400 pp.)
Size: 1.46 KB
/Download file
Content
PREFACE 1
Chapter I. BASIC CONCEPTS, SUBJECT AND SYSTEM OF DISCIPLINE "LAW ENFORCEMENT" 5
§ 1. Law enforcement activity, its features, concept and tasks 5
§ 2. Main directions (functions) of law enforcement activities 11
§ 3 Law enforcement agencies: general characteristics and system 13
§ 4. Academic discipline "Law enforcement agencies": subject, name, system and content 21
§ 5. Correlation of the discipline “Law enforcement agencies” with other legal disciplines 25
Recommended legal sources 27
Test questions 28
Chapter II. LEGISLATION AND OTHER LEGAL ACTS ON LAW ENFORCEMENT AGENCIES 29
§ 1. General characteristics and classification of legal acts on law enforcement agencies 29
§ 2. Classification of legal acts on law enforcement agencies according to their content 30
§ 3. Classification of legal acts on law enforcement agencies according to their legal significance 38
Recommended legal sources 43
Test questions 43
Chapter III. JUDICIAL POWER AND THE SYSTEM OF BODIES EXERCISING IT 44
§ 1. Judicial power, its concept and relationship with other branches of government 44
§ 2. The court as a judicial authority 53
§ 3. Judicial system 55
Recommended legal sources 64
Test questions 65
Chapter IV. JUSTICE AND ITS DEMOCRATIC FOUNDATIONS (PRINCIPLES) 66
§ 1. Distinctive features and concept of justice 66
§ 2. Democratic foundations (principles) of justice; their concept, origins and meaning 71
§ 3. Legality 72
§ 4. Ensuring the rights and freedoms of man and citizen in the administration of justice 75
§ 5. Administration of justice only by court 78
§ 6. Ensuring the legality, competence and impartiality of the court 80
§ 7. Independence of courts, independence of judges and assessors 84
§ 8. Administration of justice on the basis of equality of all before the law and the court 86
§ 9. Ensuring the right of citizens to judicial protection 89
§ 10. Competitiveness and equality of the parties 91
§eleven. Providing the suspect, accused and defendant with the right to defense 93
§ 12. Presumption of innocence 94
§ 13. Open hearing of cases in all courts 95
§ 14. Ensuring the possibility of using one’s native language in court 96
§ 15. Participation of citizens in the administration of justice 98
Recommended legal sources 100
Test questions 102
Chapter V. THE MAIN LINK OF THE FEDERAL COURTS OF GENERAL JURISDICTION 104
§ 1. The district court is the main link of federal courts of general jurisdiction 104
§ 2. Stages of development of the district court 105
§ 3. Powers of the district court 108
§ 4. Fundamental rights and duties of judges 114
§ 5. Chairman (judge) of the district court 115
§ 6. Organization of work in the district court 116
Recommended legal sources 119
Test questions 120
Chapter VI. MIDDLE LEVEL OF FEDERAL COURTS OF GENERAL JURISDICTION 121
§ 1. Mid-level courts, their powers and place in the system of federal courts of general jurisdiction 121
§ 2. Main stages of development of mid-level courts 123
§ 3. Composition and structure of mid-level courts, powers of structural units of courts at this level 126
§ 4. Organization of work in mid-level courts 128
Recommended legal sources 132
Test questions 132
Chapter VII. MILITARY COURTS 134
§ 1. The tasks of military courts and their place in the Russian judicial system 134
§ 2. Stages of development of military courts 137
§ 3. Jurisdiction of military courts 140
§ 4. Fundamentals of organization and jurisdiction of military courts 146
Recommended legal sources 151
Test questions 153
Chapter VIII. SUPREME COURT OF THE RUSSIAN FEDERATION 154
§ 1. The Supreme Court of the Russian Federation is the highest judicial body of courts of general jurisdiction 154
§ 2. Main stages in the history of the Supreme Court of the Russian Federation 156
§ 3. Judicial powers of the Supreme Court of the Russian Federation 158
§ 4. The procedure for the formation of the Supreme Court of the Russian Federation, its composition and structure 160
§ 5. Organization of work in the Supreme Court of the Russian Federation 167
Recommended legal sources 170
Test questions 170
Chapter IX. ARBITRATION COURTS AND OTHER ARBITRATION BODIES 172
§ 1. Arbitration courts, their role and main tasks 172
§ 2. Stages of development of arbitration bodies 174
§ 3. Main level arbitration courts, their composition and powers 177
§ 4. Arbitration courts of appeal, their composition and powers 182
§ 5. Federal arbitration courts of districts (arbitration courts of cassation): procedure for formation, composition and powers 185
§ 6. The Supreme Arbitration Court of the Russian Federation, its composition, structure and powers 188
§ 7. Other arbitration bodies 196
Recommended legal sources 201
Test questions 202
Chapter X. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION 203
§ 1. Constitutional control, its concept and origins 203
§ 2. Constitutional Court of the Russian Federation: powers
and basics of organization 208
§ 3. Decisions of the Constitutional Court of the Russian Federation, their types,
content, form and legal meaning 218
Recommended legal sources 222
Test questions 223
Chapter XI. COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION... 224
§ 1. Constitutional (statutory) courts 224
§ 2. Justices of the peace 226
Recommended legal sources 232
Test questions 232
Chapter XII. STATUS OF JUDGES, JURIES AND ARBITRATION JUDGERS 233
§ 1. Judicial corps (judicial community) and the status of judges: concept and general characteristics 233
§ 2. The procedure for forming the judiciary 237
§ 3. Guarantees of independence of judges 244
§ 4. The judicial community and its bodies 257
§ 5. Qualification boards and certification of judges 259
§ 6. Status of jurors and arbitration assessors 262
Recommended legal sources 267
Test questions 268
Chapter XIII. MAIN STAGES IN THE DEVELOPMENT OF THE RUSSIAN JUDICIAL SYSTEM 269
§ 1. The establishment of Russian courts as institutions separate from other government bodies (pre-reform courts) 269
§ 2. Judicial reform of 1864 and its main results 272
§ 3. Formation and development of courts in the post-October period: from 1917 to the present day 282
1. The period from October 1917 to 1922-1924 282
2. The period from 1925 to the beginning of the 30s 284
3. The period from the beginning of the 30s to 1953 285
4. The period from 1953 to the mid-80s 285
5. Modern judicial and legal reform, its prerequisites and main results 287
Recommended sources 289
Test questions 290
Chapter XIV. ORGANIZATIONAL SUPPORT OF THE ACTIVITIES OF COURTS AND THE BODIES IMPLEMENTING IT 291
§ 1. The concept and content of organizational support for the activities of courts 291
§ 2. Evolution of organizational support for the activities of courts 294
§ 3. Bodies providing organizational support for the activities of courts 301
§ 4. Judicial Department of the Supreme Court of the Russian Federation 306
§ 5. Court administrators 309
§ 6. Ministry of Justice of the Russian Federation and its bodies: main functions and organization 311
§ 7. Federal Bailiff Service 320
Recommended legal sources 323
Test questions 325
Chapter XV. PROSECUTORAL SUPERVISION AND PROSECUTORY BODIES 326
§ 1. Prosecutor's supervision and areas of prosecutorial activity 326
§ 2. Main stages of development of the prosecutor’s office 334
§ 3. System, structure and procedure for the formation of prosecutorial bodies 338
§ 4. Personnel of the prosecutor's office 341
Recommended legal sources 344
Test questions 345
Chapter XVI. ORGANIZATION OF IDENTIFICATION AND INVESTIGATION OF CRIMES 346
§ 1. Identification and investigation of crimes: 346
1. Concept 346
2. Stages of development 350
§ 2. Bodies carrying out operational investigative activities, their competence 356
§ 3. Bodies of inquiry, their competence 358
§ 4. Preliminary investigation bodies, their competence 362
Recommended legal sources 366
Test questions 367
Chapter XVII. LEGAL ASSISTANCE AND ITS ORGANIZATION 368
§ 1. Legal assistance: content and meaning 368
§ 2. Bar: 369
1. Advocacy and advocacy 369
2. Formation and evolution of the Russian legal profession 373
3. Lawyer status 378
4. Forms of organization of advocacy 381
5. Bar Association of a constituent entity of the Russian Federation 383
6. Federal Chamber of Lawyers of the Russian Federation 386
§ 3. Notary office: functions, organization and management of its activities 388
Recommended legal sources 393
Test questions 394
DISCIPLINE PROGRAM
"LAW ENFORCEMENT" 395
ALPHABETICAL SUBJECT INDEX 405
This edition of the textbook on the course "Law Enforcement" is the eighth. The need for it arose due to the fact that its previous editions are now significantly outdated and none of them can be unconditionally recommended for use in the educational process. This is primarily due to the fact that during the entire specified period of time there has been and continues to be an ongoing process of updating Russian legislation, including that which is of fundamental importance for the organization and fundamentals of the activities of law enforcement agencies.
For undergraduates, graduate students, teachers of law universities and faculties whose curricula are designed to train lawyers of a wide profile. For anyone interested in the structure and powers of law enforcement agencies.
Main directions (functions) of law enforcement activities.
In its content, law enforcement activity is not monosyllabic. Its versatility is manifested in the relative diversity of specific areas (functions) of which it is composed. Such areas (functions) should include:
- constitutional control;
- justice;
- organizational support for the activities of courts;
- prosecutor supervision;
- detection and investigation of crimes;
- provision of legal assistance.
Each of these areas is aimed at achieving certain results: eliminating violations of the provisions of the Constitution of the Russian Federation; trial and resolution of civil and criminal cases, cases of administrative offenses; creating conditions for the normal functioning of courts; identification and elimination of violations of the law using the means of prosecutorial response; solving crimes and exposing those guilty of committing them, preparing materials for consideration of specific cases in court; providing everyone who needs it with the opportunity to use qualified legal assistance, especially those persons who are brought to criminal liability, as well as the provision of other legal services. Achieving such specific results ultimately ensures the fulfillment of the general law enforcement objectives mentioned above.
Content
PREFACE 1
Chapter I. BASIC CONCEPTS, SUBJECT AND SYSTEM OF DISCIPLINE "LAW ENFORCEMENT" 5
§ 1. Law enforcement activity, its features, concept and tasks 5
§ 2. Main directions (functions) of law enforcement activities 11
§ 3 Law enforcement agencies: general characteristics and system 13
§ 4. Academic discipline "Law enforcement agencies": subject, name, system and content 21
§ 5. Correlation of the discipline “Law enforcement agencies” with other legal disciplines 25
Recommended legal sources 27
Test questions 28
Chapter II. LEGISLATION AND OTHER LEGAL ACTS ON LAW ENFORCEMENT AGENCIES 29
§ 1. General characteristics and classification of legal acts on law enforcement agencies 29
§ 2. Classification of legal acts on law enforcement agencies according to their content 30
§ 3. Classification of legal acts on law enforcement agencies according to their legal significance 38
Recommended legal sources 43
Test questions 43
Chapter III. JUDICIAL POWER AND THE SYSTEM OF BODIES EXERCISING IT 44
§ 1. Judicial power, its concept and relationship with other branches of government 44
§ 2. The court as a judicial authority 53
§ 3. Judicial system 55
Recommended legal sources 64
Test questions 65
Chapter IV. JUSTICE AND ITS DEMOCRATIC FOUNDATIONS (PRINCIPLES) 66
§ 1. Distinctive features and concept of justice 66
§ 2. Democratic foundations (principles) of justice; their concept, origins and meaning 71
§ 3. Legality 72
§ 4. Ensuring the rights and freedoms of man and citizen in the administration of justice 75
§ 5. Administration of justice only by court 78
§ 6. Ensuring the legality, competence and impartiality of the court 80
§ 7. Independence of courts, independence of judges and assessors 84
§ 8. Administration of justice on the basis of equality of all before the law and the court 86
§ 9. Ensuring the right of citizens to judicial protection 89
§ 10. Competitiveness and equality of the parties 91
§eleven. Providing the suspect, accused and defendant with the right to defense 93
§ 12. Presumption of innocence 94
§ 13. Open hearing of cases in all courts 95
§ 14. Ensuring the possibility of using one’s native language in court 96
§ 15. Participation of citizens in the administration of justice 98
Recommended legal sources 100
Test questions 102
Chapter V. THE MAIN LINK OF THE FEDERAL COURTS OF GENERAL JURISDICTION 104
§ 1. The district court is the main link of federal courts of general jurisdiction 104
§ 2. Stages of development of the district court 105
§ 3. Powers of the district court 108
§ 4. Fundamental rights and duties of judges 114
§ 5. Chairman (judge) of the district court 115
§ 6. Organization of work in the district court 116
Recommended legal sources 119
Test questions 120
Chapter VI. MIDDLE LEVEL OF FEDERAL COURTS OF GENERAL JURISDICTION 121
§ 1. Mid-level courts, their powers and place in the system of federal courts of general jurisdiction 121
§ 2. Main stages of development of mid-level courts 123
§ 3. Composition and structure of mid-level courts, powers of structural units of courts at this level 126
§ 4. Organization of work in mid-level courts 128
Recommended legal sources 132
Test questions 132
Chapter VII. MILITARY COURTS 134
§ 1. The tasks of military courts and their place in the Russian judicial system 134
§ 2. Stages of development of military courts 137
§ 3. Jurisdiction of military courts 140
§ 4. Fundamentals of organization and jurisdiction of military courts 146
Recommended legal sources 151
Test questions 153
Chapter VIII. SUPREME COURT OF THE RUSSIAN FEDERATION 154
§ 1. The Supreme Court of the Russian Federation is the highest judicial body of courts of general jurisdiction 154
§ 2. Main stages in the history of the Supreme Court of the Russian Federation 156
§ 3. Judicial powers of the Supreme Court of the Russian Federation 158
§ 4. The procedure for the formation of the Supreme Court of the Russian Federation, its composition and structure 160
§ 5. Organization of work in the Supreme Court of the Russian Federation 167
Recommended legal sources 170
Test questions 170
Chapter IX. ARBITRATION COURTS AND OTHER ARBITRATION BODIES 172
§ 1. Arbitration courts, their role and main tasks 172
§ 2. Stages of development of arbitration bodies 174
§ 3. Main level arbitration courts, their composition and powers 177
§ 4. Arbitration courts of appeal, their composition and powers 182
§ 5. Federal arbitration courts of districts (arbitration courts of cassation): procedure for formation, composition and powers 185
§ 6. The Supreme Arbitration Court of the Russian Federation, its composition, structure and powers 188
§ 7. Other arbitration bodies 196
Recommended legal sources 201
Test questions 202
Chapter X. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION 203
§ 1. Constitutional control, its concept and origins 203
§ 2. Constitutional Court of the Russian Federation: powers
and basics of organization 208
§ 3. Decisions of the Constitutional Court of the Russian Federation, their types,
content, form and legal meaning 218
Recommended legal sources 222
Test questions 223
Chapter XI. COURTS OF THE SUBJECTS OF THE RUSSIAN FEDERATION 224
§ 1. Constitutional (statutory) courts 224
§ 2. Justices of the peace 226
Recommended legal sources 232
Test questions 232
Chapter XII. STATUS OF JUDGES, JURIES AND ARBITRATION JUDGERS 233
§ 1. Judicial corps (judicial community) and the status of judges: concept and general characteristics 233
§ 2. The procedure for forming the judiciary 237
§ 3. Guarantees of independence of judges 244
§ 4. The judicial community and its bodies 257
§ 5. Qualification boards and certification of judges 259
§ 6. Status of jurors and arbitration assessors 262
Recommended legal sources 267
Test questions 268
Chapter XIII. MAIN STAGES IN THE DEVELOPMENT OF THE RUSSIAN JUDICIAL SYSTEM 269
§ 1. The establishment of Russian courts as institutions separate from other government bodies (pre-reform courts) 269
§ 2. Judicial reform of 1864 and its main results 272
§ 3. Formation and development of courts in the post-October period: from 1917 to the present day 282
1. The period from October 1917 to 1922-1924 282
2. The period from 1925 to the beginning of the 30s 284
3. The period from the beginning of the 30s to 1953 285
4. The period from 1953 to the mid-80s 285
5. Modern judicial and legal reform, its prerequisites and main results 287
Recommended sources 289
Test questions 290
Chapter XIV. ORGANIZATIONAL SUPPORT OF THE ACTIVITIES OF COURTS AND THE BODIES IMPLEMENTING IT 291
§ 1. The concept and content of organizational support for the activities of courts 291
§ 2. Evolution of organizational support for the activities of courts 294
§ 3. Bodies providing organizational support for the activities of courts 301
§ 4. Judicial Department of the Supreme Court of the Russian Federation 306
§ 5. Court administrators 309
§ 6. Ministry of Justice of the Russian Federation and its bodies: main functions and organization 311
§ 7. Federal Bailiff Service 320
Recommended legal sources 323
Test questions 325
Chapter XV. PROSECUTORAL SUPERVISION AND PROSECUTORY BODIES 326
§ 1. Prosecutor's supervision and areas of prosecutorial activity 326
§ 2. Main stages of development of the prosecutor’s office 334
§ 3. System, structure and procedure for the formation of prosecutorial bodies 338
§ 4. Personnel of the prosecutor's office 341
Recommended legal sources 344
Test questions 345
Chapter XVI. ORGANIZATION OF IDENTIFICATION AND INVESTIGATION OF CRIMES 346
§ 1. Identification and investigation of crimes: 346
1. Concept 346
2. Stages of development 350
§ 2. Bodies carrying out operational investigative activities, their competence 356
§ 3. Bodies of inquiry, their competence 358
§ 4. Preliminary investigation bodies, their competence 362
Recommended legal sources 366
Test questions 367
Chapter XVII. LEGAL ASSISTANCE AND ITS ORGANIZATION 368
§ 1. Legal assistance: content and meaning 368
§ 2. Bar: 369
1. Advocacy and advocacy 369
2. Formation and evolution of the Russian legal profession 373
3. Lawyer status 378
4. Forms of organization of advocacy 381
5. Bar Association of a constituent entity of the Russian Federation 383
6. Federal Chamber of Lawyers of the Russian Federation 386
§ 3. Notary office: functions, organization and management of its activities 388
Recommended legal sources 393
Test questions 394
DISCIPLINE PROGRAM
"LAW ENFORCEMENT" 395
ALPHABETICAL SUBJECT INDEX 405.