Author |
Sidorova M.V. |
Title of article |
The relation of legality and discipline in the activities of law enforcement officers |
Section |
Personnel, moral and psychological support of law enforcement agencies activities |
Issue, year |
4 (34) 2015 |
Abstract |
The indicators of the state of discipline and legality in the internal affairs bodies are presented. The lack of professionalism and disregard of the law, inherent to individual employees, form a stable negative attitude of the population to the entire system of internal affairs bodies. The concepts of “legality” and “discipline” in the activities of law enforcement bodies are comparable, but not identical. The issue of legality concerning the police activities means the strict observance of legal regulations, regardless of what the employee is guided by while implementing them. Discipline involves not only formal compliance with the requirements of the state, but also a responsible attitude towards performing professional activities. Discipline includes the observance of both legal and other social norms, and is mainly related to the implementation of responsibilities (legal, moral, etc.). Discipline in internal affairs bodies is characterized by conscious and voluntary nature of complying with its requirements. At the same time, it is ensured by coercion, which can be applied by the head of the police department against violators of discipline, as well as persuasion. Legality in relation to discipline is a requirement, and discipline in relation to legality is complying with its requirements, embodied in the behaviour based on the obedience to both normative regulations and individual orders of a superior officer. The basis of breach of discipline and legality are factors of internal (legal nihilism, low level of professionalism, moral and psychological deviations) and external (shortcomings of law enforcement system, reflecting the negative traditions of implementation of law enforcement functions) nature. |
Keywords |
legality; discipline; personnel policy of the MIA of Russia; internal affairs bodies; the relation of legality and discipline in the internal affairs bodies. |
References |
1. Available at: http://izvestia.ru/news/540803#ixzz3S1kmCnRy (Accessed 7 February 2015). 2. Krasnov I.A. Spetsifika zakonnosti v federativnom gosudarstve: na primere Rossiyskoy Federatsii. Dokt. Diss. [The specifics of the rule of law in a federal state: the case of the Russian Federation: Doct. Diss.]. Kazan, 2007. 3. Denisova A.V. K voprosu o ponyatii zakonnosti v administrativnom protsesse [On the question of the legality of the administrative process]. Nauchnyy portal MVD Rossii – Scientific portal of the Russian Interior Ministry, 2014, no. 1 (25). 4. Lazarev V.V., Afanas’ev V.S., Granat N.L. Obespechenie zakonnosti v deyatel’nosti organov vnutrennikh del [Rule of law in the internal affairs bodies]. Moscow, 1993. 5. Rumyantsev N.V. Zakonnost’ kak bazovyy pravovoy rezhim deyatel’nosti organov vnutrennikh del [The legality as the basic legal regime of internal affairs bodies]. Zakon i pravo – Law and the Legislation, 2011, no. 6. 6. Makarenko A.S. Sochineniya. V 7 t. T. 1 [Essays. In 7 volumes. Volume 1]. Moscow, 1957. 7. Kalinin M.I. Izbrannoe [Favourites]. Moscow, 1958. 8. Gavrilenko D.A. Gosudarstvennaya distsiplina: (Sushchnost’, funktsii, znachenie) [State discipline: (Essence, function, value)]. Moscow, Nauka i tekhnika Publ., 1988. 9. Zanina T.M., Kaniber Yu.N., Kudin V.A., Soynikov S.A. Administrativnoe pravo. V 2 ch. Ch. 1 [Administrative Law. In 2 parts. Part 1]. Moscow, 2005. 10. Ivanova T.E. Organizatsiya profilakticheskoy raboty po podderzhaniyu sluzhebnoy distsipliny i zakonnosti v organakh vnutrennikh del [Organization of preventive work to maintain service discipline and legality in the internal affairs bodies]. Vestnik kadrovoy politiki MVD Rossii – Herald of the Russian Interior Ministry personnel policy, 2008, no. 4 |