The use of physical force by non-state actors in public order protection
Автор: Novikov D.O.
Журнал: Социально-экономический и гуманитарный журнал Красноярского ГАУ @social-kgau
Рубрика: Право и социальные отношения
Статья в выпуске: 4 (4), 2016 года.
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The object of the research is public relations in scope of physical force voluntary national combatants, freelance employees of police and represen-tatives of the private security companies. The author considers questions of a ratio of use of physical force by national combatants with criminal legal institution of justifiable defense, and the Code of the Russian Federation on Administrative Offences. Also the questions of the law "About police", for the purpose of comparison of the bases for use of physical force by combatants and police officers were used. During the research the principles of the for-eign legislation (Great Britain, Belarus, Tajikistan), on the studied question, for possible implementation of positive experience in the Russian legislation are used. The bases of use of physical force by private security guards is other than the bases for use of physical force by combatants, however the analysis shows that problems, in general are similar: the lack of definiteness in the ratio with order of implementation of the right to justifiable defense. During the research formal and logical methods were used: synthesis and analysis, and also special and legal method of a comparative research. By the results of the research the author draws conclusions about practical im-possibility of implementation by national combatants of some of activities and competences: for example to protection of the scene, regulation of traffic safety, and the requirement about the terminations of illegal act as these rights aren't provided. Actually combatants have the right only to take part in preventive activities and assistance to law enforcement agencies. The question of regulation of a cooperation of security companies and the Minis-try of Internal Affairs as private security guards legal status of private secu-rity guards in questions of use of physical force has collisions with the penal legislation requires close attention and up to the end it isn't determined that puts a question of efficiency of this cooperation. Legal aspects of use of physical force by non-state actors of protection of an order shall have a sin-gle denominator that now, unfortunately isn't observed.
Public order, people's militia, private security companies
Короткий адрес: https://sciup.org/140205694
IDR: 140205694