Preview

Siberian Law Review

Advanced search

Original scientific article Administrative-legal Status of a Voluntary Squad During Martial Law

https://doi.org/10.19073/2658-7602-2023-20-1-25-36

Abstract

The subject of the research is social relations that arise in the course of the activities of voluntary squads during martial law, including the possibility of their involvement by law enforcement and other bodies in the performance of state tasks to ensure public order and national security. The purpose of the work is to determine the theoretical and applied problems of legal regulation of the administrativelegal status of a voluntary squad during the period of martial law. When writing the article, formal-legal, historical-and comparative-legal, logical methods were used. The relevance of the topic is associated with the lack of a clear and even mechanism for the creation and functioning of voluntary squads precisely during the period of martial law. At the legislative level, their competence (powers, forms and acts of responding to violations of laws by individuals and legal entities) in the process of ensuring public order in the controlled territory is not defined. The fact of the absence of a single terminological series in the formation of the legal basis for the activities of voluntary squads is stated. The main part of the article substantiates the conclusion that such voluntary public organizations, taking into account their basic characteristics, should be referred to in regulatory legal acts, regardless of the direction of their action, as a “voluntary people's squad”. A comparative analysis of the legal status of a voluntary squad and volunteer formations is presented. It is concluded that they do not correlate as general and private, voluntary formation, due to the specifics of the goals of education, functioning and financing, is not a kind of voluntary squads. The conclusion is substantiated that voluntary squads should be actively used by law enforcement agencies to ensure the strengthening of public order during martial law. The question is raised about the need to specify in the normative legal acts the administrative and legal status of voluntary squads precisely in the period of martial law. Proposals are made on the mechanism of legal regulation of the powers of voluntary teams and the social and legal protection of combatants when they perform state tasks under these conditions.

About the Author

A. V. Khromov
North-West Institute of Management of the Presidential Academy of National Economy and Public Administration
Russian Federation

Aleksandr V. Khromov - Lecturer at the Faculty of Secondary Vocational Education.

57/43 Sredny pr. V. O., St. Petersburg, 199178



References

1. Mayorova S. A. Forms of Participation of Citizens in Maintaining Public Order and Ensuring Public Safety. Legal Science and Law Enforcement Practice. 2015;4:115-121. (In Russ.).

2. Khmara A. M. Interaction of District Police Officers with Public Formations of Citizens to Ensure the Protection of Public Order. Actual Problems of Crime and Other Offenses. 2014;14-3:48-52. (In Russ.).

3. Sayfullin E. V. Problems of Legal Regulation of Participation of Citizens in Public Protection. Bulletin of Ufa Law Institute of MIA of Russia. 2017;2:62-65. (In Russ.).

4. Proschaligin R. A. Maintenance of Right Subjectivity of People’s Guards, Public Associations of a LawEnforcement Orientation and Their Participants as Subjects of Protection of a Public Order. Altai Law Journal. 2016;4:127-133. (In Russ.).

5. Belorusov V. B. The Role of the Public in Public Order Maintenance: Chronology of Formation. Transactions of the TSTU. 2005;11(1):286-299. (In Russ.).

6. Nikolaenko E. A., Kalinin V. A. Problematic Issues of Organizational and Legal Participation of Citizens in the Protection of Public Order. Vestnik of Putilin Belgorod Law Institute of Ministry of the Interior of Russia. 2018;2:59-63. (In Russ.).

7. Potapenkova I. V. About Problems of Realization of the Federal Law of 2 April 2014 № 44-FZ “On Participation of Citizens in Maintaining Public Order”. Vestnik of Moscow University of the Minisrty of Internal Affairs of Russia. 2014;10:280-283. (In Russ.).


Review

For citations:


Khromov A.V. Original scientific article Administrative-legal Status of a Voluntary Squad During Martial Law. Siberian Law Review. 2023;20(1):25-36. (In Russ.) https://doi.org/10.19073/2658-7602-2023-20-1-25-36

Views: 428


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)