Author

Fedotova Yu.G.

Title of article

Problems of legal regulation of citizens’ participation in protection of the state border of the Russian Federation

Section

Section 8. Improving law enforcement practice

Issue, year

1 (35) 2016

Abstract

The article is devoted to the problems of legal regulation of encouraging citizens to participate in the protection of the RF state border, based on contemporary military threats characterized by penetration into the RF information and internal spheres. Basing on the analysis of current federal administrative legislation, legislation of the RF border regions and municipal legal acts, the author reveals the gaps in the legal regulation of citizens’ participation in ensuring border security and provides recommendations for their elimination. Having defined the legal nature of the institute of citizens’ participation in ensuring the national defense and state security as a form of democracy, the author proves that encouraging citizens to participate in ensuring the national defense and state security involves the use of legal means of restricting the rights and freedoms of man and citizen, which implies the use of restrictive measures against citizens by the authorized state bodies. Since the participation of citizens in ensuring the national defense and state security involves the implementation of constitutional rights and freedoms to participate in state administration and to obtain information, the state is obliged to apply the stimulating and protective measures in respect of citizens. Guarantees of the implementation of rights and obligations as well as guarantees of protection of citizens’ legal status are guarantees of the legal status of citizens as subjects of ensuring national defense and state security. Implementing these guarantees in the activities of the authorized bodies is the realization of stimulating and protective legal measures to ensure citizens’ participation in the considered activities.

Keywords

state border; security; military threat; participation; volunteers.