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Some conclusions from the project analysis federal law"About security"

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Pages in the magazine: 25-30

E.G. STREZHNEV,

Candidate of Military Sciences, Associate Professor

The draft federal law "On Security" of 2010 (draft No. 408210-5) is analyzed taking into account different approaches to understanding the essence of the categories "national security" and "security".

Keywords: national security, state security, security.

Some conclusions from the analysis of the draft proposal for the Federal law "On Security"

The article analyzes a draft proposal for the Federal low "On Security" relying on different approaches to the understanding of the difference between the terms "national security" and "security".

Keywords: national security, state security, providing security.

In the context of the study of the methodological foundations of legal regulation in the field national security Russian Federation Attention is drawn to the conclusions drawn at a seminar held in May 2005 by the Committee of the Federation Council on Defense and Security on the topic “ Scientific Foundations national security of the Russian Federation". The forum notes:

"AT Russian legislation real and effective legal mechanisms for adequate counteraction to new challenges and threats to the security of the Russian Federation are not reflected. They require clarification and classification of the sphere of activity of the state in ensuring national security. Contradictions, double interpretation and declarative nature of the provisions of the relevant laws impede their effective and purposeful execution.”

Fully agreeing with these provisions, taking into account the lack of integrity and consistency in the study of national security problems, as well as the intradepartmental orientation of existing scientific developments, we will justify our point of view on the draft federal law "On Security" (draft No. 408210-5; hereinafter - the bill, the draft law "On Security"). Taking into account different approaches to defining the essence and content of the concepts of "national security" and "security", we believe that both negative and positive aspects of the draft law should be highlighted.

Let's start with the negative, at first glance, points that are evident when reading the draft law "On Security", bearing in mind that, logically, it should implement, practically implement, legally consolidate the conceptual (theoretical) views on ensuring the national security of the Russian Federation.

For example, the name of the law does not correspond to the theory and well-established approaches that were reflected in the National Security Concept of the Russian Federation (approved by Decree of the President of the Russian Federation of December 17, 1997 No. 1300), abolished by Decree of the President of the Russian Federation of May 12, 2009 No. 537 "On the National Security Strategy Russian Federation until 2020" (hereinafter - Decree No. 537). But the termination of the official document does not cancel the existence of the concept as "a way of understanding, interpreting any phenomena, events, the fundamental idea of ​​any theory." But it is in this sense that the concept of national security has been formed since the mid-1990s.

In particular, back in 1995, the State Duma adopted Resolution No. 1208-I of the State Duma dated 10/18/1995 "On the Doctrine of National Security of Russia", in which it expressed extreme concern about the state of Russia's national security, recognizing the current situation as unsatisfactory. On June 13, 1996, the President of the Russian Federation sent a Message on National Security to the Federal Assembly of the Russian Federation, the result of which was the parliamentary hearings held on July 25, 1996 "On the concept of national security of the Russian Federation." In this regard, the Federation Council adopted Resolution No. 326-SF dated 08.08.1996 “On the National Security Message of the President of the Russian Federation to the Federal Assembly”, in which it expressed concern about the state of the level of national security. The State Duma adopted Resolution No. 966-II of the State Duma dated December 25, 1996 "On the Development of a Draft Doctrine of Russia's National Security". Decree of the President of the Russian Federation No. 1300 of 12/17/1997 approved and then refined (Decree of the President of the Russian Federation of 01/10/2000 No. 24) the National Security Concept of the Russian Federation, which existed in this edition until 2009, playing an undeniably significant role in the formation and development of methodological fundamentals of legal regulation in the field of national security of the Russian Federation.

Taking into account the overcoming by Russia of the consequences of the systemic political and socio-economic crisis of the late 20th century, the President of the Russian Federation by Decree No. 537 approved the National Security Strategy of the Russian Federation until 2020 (hereinafter referred to as the Strategy). However, contrary to the expectations of the law "On National Security", a draft law "On Security" is submitted for consideration by legislators. Thus, the entire meaning inherent in it is lost, and in fact, the previously formed ideology of ensuring the security of the individual, society and the state, which assumed that national security is a complex concept, the content of which should be considered in many aspects in relation to various areas of socio-political life through determining the vital interests of the country.

The draft law does not fix the definitions of the main definitions used in the document, which will inevitably lead to great disagreements in the development of a unified methodology for the formation of a conceptual apparatus that reveals such important categories for the organization of practical activities as “national security”, “ state security”, “public security”, “individual security”, “social security”, “state security”, “national (vital) interests”, “threats to national security”, “ensuring national security”. According to the opponents of the draft law "On Security", the "justificatory reference" to the Strategy when resolving this issue (section 1 of the Strategy contains the main concepts used in it) is untenable, since the Strategy has no legal force. "The strategy is the basic document for planning the development of the system for ensuring the national security of the Russian Federation, which sets out the procedure for actions and measures to ensure national security." But to state the order of actions, measures to ensure national security and to define basic concepts in the field of ensuring national security are fundamentally different things. Therefore, the document itself (the Strategy) assigns itself a different role: it “is the basis for the constructive interaction of the bodies state power, organizations and public associations to protect the national interests of the Russian Federation and ensure the security of the individual, society and the state. But the consolidation of fundamentally important provisions, which, in our opinion, are the basic concepts used in a legislative act, is the business of the legislative act itself.

It is completely unreasonable that the draft law "On Security" does not specify the essence and content of the national security system of the Russian Federation indicated in the Strategy, and does not disclose its specific functions. But it is with the help of these categories that the state strategy in the field of ensuring the security of the individual and society should receive legal regulation, and it is precisely these goals that the law should serve. Article 1 of the draft law "On Security" states that it "establishes the basic principles for ensuring the security of the state, public security, environmental security, personal security ... determines the content of security activities." But it makes no sense to characterize the subject of security activities without identifying the subjects of this activity. And even if we proceed from the fact that, according to the draft law, the main subject of ensuring security is the state (Chapter 2 of the draft law "On Security"), society and the individual are actually excluded from this activity. But almost all federal agencies executive power performing special functions in the field of defense, state security, combating crime, security, public councils work, in accordance with the law, citizens are involved in the protection public order, protection of the state border, solve other security issues in the interests of the state.

Revealing the basic principles of security, paragraph 3 of Art. 2 of the draft law defines as one of them "systematic and comprehensive application of ... political, organizational, socio-economic, informational, legal and other measures." And paragraph 1 of Art. 4, devoted to the state policy in the field of security, defines it as "a set of ... political, organizational, socio-economic, military, legal, informational, special and other measures." As can be seen from the analysis of these categories, the meanings of one of the principles of state policy and the content of state policy in the field of security differ only in the presence of military and special measures in the latter, which can also lead to an ambiguous interpretation of legal provisions.

It is doubtful whether the draft law "On Security" should include the solution of such an important issue as the protection of the sovereignty and territorial integrity of the Russian Federation, exclusively to the goals of international cooperation in the field of security (Article 7). It would probably be right to formulate this goal in relation to international cooperation in the field of security as "assistance in protecting the sovereignty and territorial integrity of the country." But the issues of legislative consolidation of the direct protection of the sovereignty and territorial integrity of the Russian Federation should, apparently, be set out in detail. After all, sovereignty implies, within the meaning of Articles 3, 4, 5, 67 and 79 of the Constitution of the Russian Federation, the supremacy, independence and autonomy of state power, the fullness of the legislative, executive and judicial power of the state on its territory and independence in international communication. And the solution of these problems only within the framework of international cooperation, as it is written in the draft law "On Security", is practically unrealistic. In turn, the integrity of the territory of the state means its inseparability, unity, the need to protect it from encroachment by another state or any political or other forces. The provision on the integrity and inviolability of the territory of the Russian Federation follows from the territorial supremacy of the Russian Federation. And the norm of the Constitution of the Russian Federation on ensuring the integrity and inviolability of its territory by the Russian Federation is devoted not only to foreign policy, interstate, but also to domestic political, military, special and other aspects of ensuring the security of the Russian Federation.

And finally, the draft law lacks norms regulating the financing of security activities, control over security activities, as well as liability for non-compliance with legal provisions.

Now we will present the conclusions that characterize the positive aspects of the draft law "On Security". At the same time, we proceed from the priority of the “security” category, as well as from the fact that ensuring security is inextricably linked with the activities of the state. Only the state, relying on its apparatus, the authorities, whose work is set in a strict framework and is supported by appropriate legal acts, can guarantee the peace of citizens, create favorable conditions for their life. And no other social forces will be able to fulfill this task. Ensuring their own security, as well as the peace of their citizens, is one of the main tasks of any state.

Given this approach, the conclusion is literally on the surface that the draft law "On Security" does not speak of "national security" or even "state security", as is heard in the reviews of its opponents on the bill. The document reveals the issues of ensuring the security of the state. And it is right. As rightly noted by V.G. Vishnyakov, “for legislation, the concept of “national” is too vague and unproductive... The concept of “state” lies in a different, concrete legal plane, acting as a substantive, deeply studied and actually operating organizational and legal matter, suitable for classifying the spheres of state activity in areas of security, delimitation of powers, determination of the responsibility of officials”.

Indeed, the security of the state covers all the key functional areas of its activity - legislative, executive and judicial. At the state level, there is a process of differentiation that determines priorities, directions and

types of security at all its levels (sectoral, functional, territorial). State interests permeate the entire security system of the country, giving it unity and general purposefulness. The state in the implementation of its functions, including the functions of ensuring security, always relies on the fundamental law. In our case, this is the Constitution of the Russian Federation. Therefore, when improving legislation in the field of national security, first of all, it is necessary to keep in mind the compliance of the legislative acts being developed with the Constitution of the Russian Federation.

In this regard, it should be noted that “in Part 5 of Art. 13 and part 3 of Art. 55 of the Constitution refers to the “security of the state”, and in Part 1 of Art. 82 - about "security and integrity of the state". The concept of “state security” is used in paragraph “e” of Part 1 of Art. 114 of the Constitution. And only once, in paragraph “e” of Part 1 of Art. 72, refers to the provision of "environmental security" as a sphere of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. At the same time, p. “m” Art. 71 of the Constitution identifies two priority concepts - “defense” and “security”. Part 3 Art. 55 says about ensuring the defense of the country and the security of the state, paragraph “d” part 1 of Art. 114 - on the implementation of measures to ensure the country's defense, state security. Therefore, taking into account the existence of the Federal Law of May 31, 1996 No. 61-FZ “On Defense”, the appearance of a draft law “On Security” is quite logical.

As the analysis shows, the bill complies with the provisions of the Constitution of the Russian Federation, the modern practice of preparing fundamental legislative acts regulating the most significant areas of public relations, which is the sphere of security. The draft law "On Security" is of a framework nature and thus can subsequently serve as a methodological basis for the formation of a legislative framework for various aspects of security, without "regulating" its specific types, areas, directions. The bill also provides ample opportunities for the development of concepts, doctrines, the foundations of state policy in the field of security and in certain areas of internal and foreign policy states.

The ideology of the draft law "On Security" follows from the provisions of the Strategy, which determines that, along with national defense, one of the main priorities of Russia's national security is state and public security.

Article 13 of the draft law also defines: “The Security Council is a constitutional advisory body that prepares decisions of the President of the Russian Federation on issues of security, organization of defense ...” That is, guided by the Constitution of the Russian Federation, both the Strategy and the draft law “On Security” share the concepts defense and security.

However, ensuring the security of the state, which regulates the draft law "On Security", is very broad and significant in terms of coverage of areas public life category. Therefore, following the logic of the bill, it is legitimate to conclude that the forces and means of ensuring the security of the state are concentrated in the domestic political, economic, social, international, spiritual, informational, military, military-industrial, environmental and scientific fields, as well as in the field of public safety, and for this purpose, appropriate measures are being taken.

The bill significantly expands the content of the basic principles and activities to ensure security, does not duplicate the provisions of the Strategy in this part, but in Art. 4 rightly notes that “the main directions of state policy in the field of security are determined by the President of the Russian Federation. The state policy in the field of security is implemented taking into account the national security strategy of the Russian Federation, other conceptual and doctrinal documents.”

The most important significance of the draft law "On Security" is that it translates the philosophical meaning of the concepts (theoretical views) and the political content of the Strategy into a specific legal plane, establishes the framework for legal, constitutional relations of state authorities, gives them clear and understandable powers to ensure security . In particular, in chapter 3 the bill establishes the legal status, competence, main tasks and functions of the Security Council: “Decisions of the Security Council come into force after their approval by the President of the Russian Federation. The decisions of the Security Council that have entered into force are binding on state bodies and officials. In order to implement the decisions of the Security Council, the President of the Russian Federation may issue decrees and orders.”

Thus, taking into account different approaches to defining the essence and content of the concepts of "national security" and "security", the presence of a wide pluralism of opinions in the study of the methodological foundations of legal regulation in the field of ensuring the necessary level of protection of protected objects, it is necessary to single out both negative and positive aspects draft law on security. On the one hand, it does not correspond to the established conceptual (theoretical) views on the category of "national security", on the other hand, using the term "security", the draft law complies with the norms of federal constitutional legislation and thereby consolidates the state-legal principles of ensuring the security of the state.

Bibliography

1 Vishnyakov V.G. On the methodological foundations of the legal regulation of security problems in the Russian Federation // Journal Russian law. 2005. No. 9. C. 34.

2 See: General Theory of National Security: Proc. / Under the total. ed. A.V. Prokhozhev. 2nd ed., add. - M., 2005.

3 SZ RF. 2000. No. 2. Art. 170.

4 Kondakov N.I. Logical dictionary-reference book. - M., 1975. S. 263.

5 SZ RF. 1995. No. 44. Art. 4154.

6 Gazette of the Federal Assembly of the Russian Federation. 1996. No. 25. Art. 1113.

7 SZ RF. 1997. No. 1. Art. 92.

8 Ibid. 2000. No. 2. Art. 170.

9 Ibid. 2009. No. 20. Art. 2444.

12 The category “state security” combines specific aspects of countering external and internal threats emanating mainly from foreign intelligence services and organizations, terrorist and other extremist forces of an internal and international nature that encroach on the foundations of the constitutional order, the military-industrial potential and elements of the country’s national heritage.

13 Vishnyakov V.G. Decree. slave. S. 34.

14 National security of the Russian Federation: problems of strengthening the state-legal foundations // Journal of Russian law. 2005. No. 2. S. 8.

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Nizhny Novgorod Institute of Management and Business

Department of Philosophy and Social Sciences

Practical task

discipline: "Life safety"

topic: "10. Information and analytical review and characteristics of the regulatory document: Federal Law "On Security" dated December 28, 2010 No. 390-FZ.

Completed by: 1st year student of the Faculty of Jurisprudence gr. 14I4YUR16PNN

Garin Evgeny Viktorovich

Checked by: Associate Professor Lukonin Alexey Nikolaevich

Nizhny Novgorod

Introduction

Chapter 1. General Provisions

Chapter 2. Powers and functions of authorities

Chapter 3 Status of the Security Council

Conclusion

List of used literature

Introduction

Federal Law No. 390-FZ of December 28, 2010 "On Security" (hereinafter referred to as the Law) was adopted in order to modernize the legal regulation of public relations in the field of security. According to this document, the state policy in the field of security is part of domestic and foreign policy and is a set of coordinated and united by a single plan of political, organizational, socio-economic, military, legal, informational, special and other measures. This policy is carried out by state and municipal authorities on the basis of the National Security Strategy of the Russian Federation, other conceptual and doctrinal documents developed by the Security Council and approved by the President. Along with this, citizens and public associations also participate in its implementation. Federal Law No. 390-FZ of December 28, 2010 "On Security". // ATP "ConsultantPlus" Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=108546

In general, security activities include:

- legal regulation;

- determination of the main directions of state policy and strategic planning;

- organization of scientific activity;

- coordination of activities of federal, regional and municipal bodies;

- application of special economic measures;

- forecasting, identification, analysis and assessment of security threats;

- development and application of a set of operational and long-term measures to identify, prevent and eliminate security threats, localize and neutralize the consequences of their manifestation;

- development, production and implementation of modern types of weapons and special equipment;

- international cooperation, as well as the implementation of other activities in accordance with the legislation of the Russian Federation.

The Federal Law “On Security” adopted in 2010 replaced the former legislative act(Federal Law "On Security" dated March 5, 1992 No. 2446-I), adopted by the previous Constitution (1992), which is significantly outdated and needed to be replaced. Over the years of the old Law "On Security", the nature of real external and internal dangers and threats has changed significantly, natural and man-made disasters have become more frequent, fundamentally new problems have arisen in the field of relations with foreign states and alliances. The strategy of international cooperation in the field of security has undergone major changes. New threats and challenges have changed the content and direction of the activities of the Russian state to ensure security. Accordingly, it was necessary to correct the current Law “On Security”, expand and clarify the goals and objectives facing Russia in this area, as well as the powers of state authorities to ensure state security, public security, environmental security, personal security, and other types of security provided for by law. Russian Federation.

The purpose of the work is to comprehend, analyze and characterize the provisions of this regulatory document, identify problems and shortcomings in the legislation in the field of security and determine solutions.

Chapter 1. General Provisions

The Federal Law "On Security" was adopted by the State Duma on December 7, 2010 and approved by the Federation Council on December 15, 2010. Compared to its predecessor, this Law clarifies the principles and content of security activities, as well as fixes the main goals of international cooperation in this area. The Law expanded the functions of the President of the Russian Federation in the relevant area, which now determines the main directions of state policy in this area, and the Government of the Russian Federation only takes part in this. The President of the Russian Federation approves the national security strategy. He not only heads, but also forms the Security Council of the Russian Federation. He also takes the necessary measures for the security and protection of citizens from illegal encroachments, to counter terrorism and extremism. The Security Council prepares decisions of the President of the Russian Federation in a certain area. It includes not only security, but also a number of other issues. Among them are defense, military construction, technical cooperation with other states, etc.

Although the law does not give a clear definition of the concept of "security", it means the state of protection of the vital interests of the individual, society and the state from internal and external threats. Any society is primarily interested in the absence of threats. The security of the individual, society, state is ensured by the implementation of a whole range of measures, enshrined at the legislative level. The law allocates certain types security: national security, fire safety, transportation security, security traffic etc.

The Federal Law "On Security" also enshrines the basic principles of security. The principles of ensuring security, being among the highest priority norms of the Law (in Article 2), are the initial defining ideas, provisions and guidelines that make up the conceptual and organizational basis for the implementation of legal relations that develop in connection with the protection of the vital interests of a person and citizen, to which relate:

1) observance and protection of the rights and freedoms of man and citizen;

2) legality;

3) systematic and comprehensive application of political, organizational, socio-economic, informational, legal and other security measures by federal state authorities, state authorities of the constituent entities of the Russian Federation, other state bodies, local self-government bodies;

4) priority of preventive measures in order to ensure safety;

5) interaction of federal state authorities, state authorities of the constituent entities of the Russian Federation, other state bodies with public associations, international organizations and citizens in order to ensure security.

At the same time, those present in the law of March 5, 1992 disappeared, lost their dominant importance, such principles as: the principle of integration, the balance of the vital interests of the individual, society and the state, and the mutual responsibility of the individual, society and the state for the state of security. Of course, this does not mean that institutions civil society, that is, citizens and their public associations, are excluded from ensuring the security of the country, since their right to take part in ensuring security is clearly spelled out in part 4 of article 4 of this federal law.

The key directions of state policy in the field of security are determined by the President of the Russian Federation. State security policy is part of Russia's domestic and foreign policy and is nothing more than a set of political, socio-economic, organizational, military, informational, legal, special and other measures coordinated and united by a single plan.

In addition to this law, as legal basis ensuring the security of the Russian Federation (Article 5 of the Law) are: generally recognized principles and norms international law, the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, local governments adopted within their competence in the field of security.

In particular, among the international legal acts, as the legal basis for ensuring security, the following can be mentioned:

- Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;

- Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to be Excessively Injurious or to Have Indiscriminate Effects;

- Report on the G8 Global Partnership;

- Treaty between the Russian Federation and the United States of America on the reduction of strategic offensive potentials;

- Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management;

- Convention on Nuclear Safety;

- Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter;

- Convention on the Prohibition of Military or Other Hostile Use of Means of Influencing the Natural Environment;

- Convention on Long-range Transboundary Air Pollution;

- Vienna Convention for the Protection of the Ozone Layer;

- UN Convention on Environmental Impact Assessment in a Transboundary Context;

- Convention on the Protection and Use of Transboundary Watercourses and International Lakes;

- Convention on the Transboundary Effects of Industrial Accidents;

- Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal;

- Other international acts.

Art. 6 of the Law says that the necessary coordination of activities to ensure security is carried out by the President of the Russian Federation and the Security Council formed and headed by him, as well as, within their competence, the Government of the Russian Federation, federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments. That is, it is laid key principle coordination of all areas of activity to ensure the security of the state and society, which implies unity and consistency in the preparation, adoption and implementation by the state of power and other decisions that affect the state of protection of the individual from internal and external threats. This principle, which is necessary element and integral part process government controlled, implies the presence high level consistency, systemic organization and continuous exchange of information of all government agencies involved in security activities.

International cooperation of the Russian Federation in the field of security (Article 7 of the Law) is carried out on the basis of generally recognized principles and norms of international law and international treaties Russian Federation. In accordance with part 2 of article 7, the main objects of international cooperation in the field of security are:

1) sovereignty and territorial integrity of the Russian Federation;

2) the legal status of Russian citizens abroad;

3) strategic partnership of the Russian Federation, which involves the development of bilateral and multilateral relations in order to solve the problems of ensuring security;

4) integration and coordination with leading international organizations dealing with security issues;

5) peacekeeping activities.

It should be noted that these areas of activity are intended to be carried out within the framework of the functional international legal principle of cooperation - a legitimate way for the state to realize internal and external interests. The principle of international cooperation is a practical form of implementation of all the other principles of international law discussed above, and is not so much a right as an obligation of all member states of the world community to cooperate with each other. In particular, the UN Charter in the preamble and Art. 1 obliges UN members to carry out international cooperation in resolving problems of an economic, social, cultural and humanitarian nature. Charter of the United Nations (Adopted in San Francisco on June 26, 1945) // SPS "Consultant Plus" Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=121087

Chapter 2. Powers and functions of authorities

The second chapter of the Law characterizes the powers of federal state authorities, the functions of state authorities of the constituent entities of the Russian Federation and local governments in the field of security. The main element of the security system of the country and society, which determines the conceptual principles and the course of the state policy of the Russian Federation in the field of security, is the President of the Russian Federation, who authorizes actions to ensure security; directs, within the limits of his constitutional powers, the security agencies of the Russian Federation; in accordance with the legislation of the Russian Federation, forms, reorganizes and abolishes the security bodies and forces subordinate to him; delivers messages, appeals and directives on security issues, in his annual messages to the Federal Assembly clarifies certain provisions of the national security concept of the Russian Federation, determines the directions of the current domestic and foreign policy of the country; in accordance with its constitutional powers, manages foreign policy country and as head of state represents the Russian Federation in international relations.

The content of Art. 8 of the Law provides a legal mechanism for the implementation legislative activity in the field of security, which consists in the issuance by representative and legislative bodies of relevant federal laws that are binding on all state bodies, public associations, local governments, officials and citizens. According to the Constitution of the Russian Federation, the Federal Assembly, the Parliament of Russia, is vested with the right to issue federal laws, the legal status and main powers of which are determined by Ch. 5 of the Constitution of the Russian Federation. The Constitution of the Russian Federation (taking into account the amendments made by the Laws of the Russian Federation to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11-FKZ) // ATP "ConsultantPlus". URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=2875

The Federal Assembly - the Parliament of the Russian Federation - is vested with broad powers in the field of preparing and adopting legislative acts in the field of ensuring the security of the state and society, which determine regulatory framework activities of all state authorities involved in the process of formation and implementation of a unified state policy in the field of security. The Federal Assembly influences by legislatively fixed parliamentary methods the activities of federal executive bodies designed to ensure the security of the individual, society and the state in the Russian Federation, participates in the formation of the Government of the Russian Federation as the highest executive authority that provides the executive and administrative mechanism in the field of security, as well as the judiciary Russian Federation, carrying out judicial protection constitutional rights and personal freedoms in the field of security, being the representative and legislative body of the Russian Federation.

In the first part of Article 8, the legislator establishes the main powers of the upper house of the Federal Assembly of the Russian Federation - the Federation Council in terms of the adoption of federal laws in the field of security, which are constitutionally fixed. According to Art. 102 of the Constitution of the Russian Federation, the jurisdiction of the Federation Council of the Russian Federation includes the approval of decrees of the President of the Russian Federation on the introduction of martial and state of emergency, the decision on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation, the appointment and dismissal of the Prosecutor General of the Russian Federation, as well as a number of other powers . In accordance with Art. 105 of the Constitution of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation is obliged to adopt federal laws in the field of security. The Constitution of the Russian Federation (taking into account the amendments made by the Laws of the Russian Federation to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11-FKZ) // ATP "ConsultantPlus". URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=2875

The role and importance of the State Duma in the field of lawmaking on security issues is very high. To date, more than 100 federal laws have been adopted and are in force, among which, in addition to the Law under consideration, the following federal laws can be mentioned:

- Federal Law of December 21, 1994 N 69-FZ "On Fire Safety",

- Federal Law of December 10, 1995 N 196-FZ "On Road Safety",

- Federal Law of January 9, 1996 N 3-FZ, Federal Law of January 2, 2000 N 29-FZ,

- Federal Law of July 19, 1997 N 109-FZ "On the safe handling of pesticides and agrochemicals",

- Federal Law of July 21, 1997 N 116-FZ,

- Federal Law of July 21, 1997 N 117-FZ,

- Federal Law of February 9, 2007 N 16-FZ,

- Federal Law of December 30, 2009 N 384-FZ "Technical Regulations on the Safety of Buildings and Structures",

- Federal Law of July 21, 2011 N 256-FZ "On the safety of fuel and energy complex facilities",

- other federal laws to ensure the security of the individual, society and the state in the Russian Federation.

The provisions of Article 10 of the Law consistently disclose the powers of the Government of the Russian Federation in the field of ensuring the security of the highest executive authority in the Russian Federation, the legal status of which is fixed by Art. 110 - 117 of the Constitution of the Russian Federation, and whose main activities are law-making, execution and control. These areas of activity are disclosed by means of their detailing in the relevant legislative acts.

The text of Article 11 of the Law reveals the content of the powers of federal executive bodies involved in the process of preparing, adopting and implementing state-powerful, executive-administrative, organizational, managerial and control and supervisory decisions related to ensuring security in the Russian Federation. Federal executive authorities perform tasks in the field of security in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation and regulatory legal acts of the Government of the Russian Federation. To date, the system of federal executive bodies is determined by Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the system and structure of federal executive bodies", according to which the relevant ministries, services and agencies are included in the system of state security. Decree of the President of the Russian Federation of March 9, 2004 N 314 (as amended on June 22, 2010) "On the system and structure of federal executive bodies"// ATP "ConsultantPlus" [Electronic resource]. Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=101681 At the same time, the bodies mentioned in the article function in Russia as at the federal level (such bodies have territorial representations in the constituent entities of the Russian Federation, which act along with the executive authorities of the constituent entities of the Russian Federation), and at the level of all constituent entities of the Russian Federation.

Article 12 of the Law specifies the next subjects of security - state authorities of the Russian Federation and local governments, which, within the framework of the legislative powers granted to them, are also entitled to carry out a number of activities related to the protection and protection of strategic national priorities in the Russian Federation.

In accordance with Art. 72 of the Constitution of the Russian Federation, in the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, there are issues of ensuring the security of the individual, society and the state in the following main areas of activity: 12/30/2008 N 7-FKZ, dated 02/05/2014 N 2-FKZ, dated 07/21/2014 N 11-FKZ) // SPS ConsultantPlus. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=2875

1) protection of the rights and freedoms of man and citizen;

2) protection of the rights of national minorities;

3) ensuring the rule of law, law and order, public safety;

4) regime of border zones;

5) environmental protection and ensuring environmental safety;

6) implementation of measures to combat catastrophes, natural disasters, epidemics, liquidation of their consequences;

7) administrative, administrative-procedural, labor, family, housing, land, water, forest legislation, legislation on subsoil, on environmental protection;

8) personnel of judicial and law enforcement agencies, advocacy, notaries;

9) protection of the original habitat and traditional way of life of small ethnic communities;

10) establishment of general principles for organizing the system of state authorities and local self-government.

These provisions are specified in the Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and executive bodies state authorities of the constituent entities of the Russian Federation", where Chapters II - III establish the legal status of the highest official of the constituent entity of the Russian Federation, as well as legislative (representative) and executive authorities of the constituent entities of the Russian Federation in terms of regulating the powers to ensure the security of the individual, society and the state on Federal Law of 06.10.1999 N 184-FZ (as amended on 06.04.2015) "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation"// SPS "ConsultantPlus". URL: http ://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=177727 federal law dedicated to the issues of ensuring the security of the individual society and the state.

The general legal status of local governments in the Russian Federation is determined on the basis of Ch. 8 of the Constitution of the Russian Federation and is detailed in accordance with the norms of the Federal Law of October 6, 2003 N 131-FZ.

public policy security warning

The Security Council is considered by this Law as a constitutional body, which implies the definition of its legal status by the legal norms of the Basic Law of the state. Nevertheless, the Constitution of the Russian Federation specifies only the status of the main federal government bodies, which include:

- President of the Russian Federation;

- Government of the Russian Federation;

- Federal Assembly of the Russian Federation;

- federal courts.

These authorities carry out general management of the main areas of activity of the state, determine its policy, and exercise other powers. However, despite the importance of these authorities for the state, their legal regulation is constitutionally general character and is mostly fragmentary. Since security is one of the key activities of the state, the implementation of powers by the Security Council of the Russian Federation is reduced to preventing the emergence of security threats to the interests of the individual, society and the state, as well as ensuring the state of protection of these objects from both external and internal threats.

Traditionally, rule-making regarding the status of the Security Council of the Russian Federation is limited only to the adoption of a number of by-laws. long time a significant part of the aspects was regulated by special decrees of the President of the Russian Federation. However, in connection with the adoption in 2011 of the Decree of the President of the Russian Federation "Issues of the Security Council of the Russian Federation", many normative acts were recognized as invalid. Therefore, a significant part of the legal requirements are not applicable at the present time, in connection with which the fragmentation of the legal regulation of the status of the Security Council of the Russian Federation has increased even more. Giving the Security Council of the Russian Federation the status of an advisory body implies a limited scope of its activities, within which it is only entitled to express its opinion on certain aspects of security, but is not able to make and implement practical decisions on issues of its competence.

In general, the competence of the Security Council of the Russian Federation is determined by the powers of the President of the Russian Federation and affects those areas in which priority is given precisely to the decisions of the President of the Russian Federation. The main tasks and functions of the Security Council of the Russian Federation are defined by this Law within the framework of the provisions of Art. 14. Nevertheless, in some part of the security of the Russian Federation, the provisions of part 1 of this article duplicate the requirements of a special legal norm, defining the main areas of implementation of the powers of the Security Council of the Russian Federation.

The President of the Russian Federation, in accordance with the Constitution of the Russian Federation, is the Supreme Commander-in-Chief, in connection with which he determines the main directions for the development of the defense industry, increasing the level of security and defense capability of the state. In order to make a reasonable and necessary decision that will achieve the desired practical results, it becomes necessary to involve specialists in the field of defense and state security in the solution of this issue, from among which the composition of the Security Council of the Russian Federation is formed. Thus, the decisions of the Council, reflected in the minutes of its meetings, act as a qualified collegial opinion of specialists in a particular field, allowing the President of the Russian Federation to choose the most effective and expedient solution. The second part of Article 13 essentially reproduces the provisions of the Constitution of the Russian Federation, which determine the procedure for interaction between the President of the Russian Federation and the Security Council of the Russian Federation. The President of the Russian Federation heads the Security Council of the Russian Federation, i.е. carries out the current management of its activities, as well as other necessary powers aimed at ensuring the general procedure for the exercise of powers by this body. The Security Council is a kind of system, the structure of which is aimed at ensuring its efficiency, which follows from the essence of the provisions of Part 4 of Article 13. This provision of the Law indicates the possibility of establishing working bodies and apparatus within the structure of the Security Council of the Russian Federation, whose activities are aimed at ensuring the possibility for the Security Council of the Russian Federation to carry out activities that constitute its subject competence. Thus, the Security Council of the Russian Federation acts as a collegiate body whose activities are aimed at developing and making an objective decision on the most significant aspects of ensuring the security of the state and their subsequent effective implementation.

The provisions of Article 14 of the Law are aimed at defining the subject competence of the Security Council of the Russian Federation and determining the procedure for carrying out its activities, and they distinguish between two fundamental categories that determine the scope of the activity of the authority in question: tasks and functions. Tasks are the main goals of the formation and exercise of the powers of the Security Council of the Russian Federation. Functions act as the main directions for achieving the set goals, i.e. in fact, the functions should be considered as a means of achieving the set goals and solving the tasks of forming the Security Council. Along with the main tasks of the Security Council of the Russian Federation, the provisions of this article also specify its functions, i.e. ways to solve certain tasks of this authority, Part 1, Article 14 of the Law.

At the same time, the Law does not specify the list of issues that are subject to consideration by the Security Council of the Russian Federation, which to a large extent allows expanding its competence within the limits of solving the tasks established by this article. Since the structure of the Security Council of the Russian Federation is an association of heads of individual federal ministries, departments, and other state authorities, for the most part, the activities of the Security Council come down to consideration, discussion and decision-making on security issues that directly arise in the activities of the relevant entities, whose representatives are members of the Security Council of the Russian Federation. The Security Council of the Russian Federation analyzes information on the implementation of the main directions of state policy in the field of security, the socio-political and economic situation in the country, the observance of human and civil rights and freedoms. The activity of the Security Council of the Russian Federation is aimed at ensuring the national security of the Russian Federation, which is implemented in the form of developing and clarifying a national security strategy, other doctrinal documents, criteria and indicators of national security.

The most important areas for ensuring the national security of the Russian Federation are strategic national priorities, which determine the tasks of the most important social, political and economic transformations to create safe conditions for the implementation of the constitutional rights and freedoms of citizens of the Russian Federation, the implementation of sustainable development of the country, the preservation of the territorial integrity and sovereignty of the state. The Security Council of the Russian Federation also considers draft normative acts on issues within its competence. The law does not regulate the procedure and features of the implementation of this provision, however, according to its logic, this type of activity can be considered as a kind of legal expertise of draft regulations from the point of view of the advisability of adopting and subsequent implementation of individual legal prescriptions. In this case, the Law provides for the possibility of considering draft laws and other regulatory legal acts. One of the main limitations of the list of normative acts, the drafts of which can be considered by the Security Council of the Russian Federation, is their content, i.e. such acts should regulate public relations in the field of ensuring individual security. The President of the Russian Federation may assign other tasks and functions to the Security Council in accordance with the legislation of the Russian Federation.

Article 15 of the Law determines the composition of the Security Council, which reflects its internal structure and should be formed in such a way as to ensure the efficiency of this body, the possibility of exercising its powers. In relation to most public authorities, there is a single rule for determining the procedure for the formation of their internal structure, which is approved by the relevant regulation or other document. However, the special status of the Security Council of the Russian Federation also implies a special procedure for its formation, directly provided for by the provisions of this article. The composition of the Security Council of the Russian Federation is determined directly by the President of the Russian Federation, who issues a corresponding decree. At present, the composition of the Security Council of the Russian Federation is determined in accordance with Decree of the President of the Russian Federation No. 836 of May 25, 2008, with subsequent amendments and additions. Decree of the President of the Russian Federation of May 25, 2008 N 836 (as amended on December 24, 2011) "On approval of the composition of the Security Council of the Russian Federation" // ATP "ConsultantPlus" Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=123999

An analysis of the current composition of the Security Council of the Russian Federation suggests that it includes the most significant officials, and priority in this case is given to "law enforcement agencies", which is due to the main directions of the Council's activities in the course of its activities in governing the state.

An analysis of Part 2 of Article 15 of the Law will also indicate that the composition of the permanent members of the Security Council of the Russian Federation is static and includes a set of positions, the replacement of which indicates the empowerment in the Security Council of the Russian Federation. The structure of permanent members indicates that the Security Council is a complex body and unites representatives of various branches of government, which ensures not only the possibility of fulfilling certain regulatory requirements, but also lobbying certain state interests in the Federal Assembly of the Russian Federation, which forms legislative framework Russian Federation. However, at the same time, representation in the Security Council of the Russian Federation is provided only in relation to the executive and legislative branches of power, thereby judicial branch does not take part in the activities of the Security Council, which excludes the activities of human rights actors in this area.

An analysis of the provisions of part 4 of article 15 of the Law showed that members of the Security Council of the Russian Federation are vested with all the rights and obligations of permanent members of the Council, with the exception of the possibility of participating in voting when deciding on a specific issue on the agenda. This provision necessitates a conscientious and in full exercising powers in the composition of the Security Council of the Russian Federation, regardless of the status of a particular subject. It should be noted that part 5 of article 15 takes special place in the system of its legal prescriptions, since it defines a number of qualitative qualification characteristics presented to persons who are members of the Security Council of the Russian Federation.

Article 16 of the Law states that the Secretary of the Security Council is an official who ensures the implementation of the tasks and functions assigned to the Security Council. The Secretary of the Security Council is appointed and dismissed by the President of the Russian Federation, to whom he reports directly, and that his powers are determined by the President of the Russian Federation. Part 1 of Article 16 of the Law itself general view determines the powers and range of activities of the Secretary of the Security Council of the Russian Federation, referring to his competence to ensure the implementation of the tasks and functions assigned to the Council. In order to ensure the requirements of this article, the Regulations on the Security Council of the Russian Federation specify the list of powers of the Secretary, and also form the structure of the Secretariat, providing an opportunity to assist the Secretary in matters of organization and activities of the Security Council of the Russian Federation. The Secretary organizes the work of the Security Council of the Russian Federation and manages the apparatus of the Security Council of the Russian Federation. Part 2 of Article 16 of the Law provides for a set of legal facts that give rise to and terminate the status of the Secretary of the Security Council of the Russian Federation. At the same time, the Secretary of the Security Council of the Russian Federation is appointed and dismissed by the President of the Russian Federation and reports directly to the President of the Russian Federation.

Article 17 of the Law refers to the organization of the activities of the Security Council, which is implemented in the form of meetings and conferences, the procedure for organizing and conducting which is determined by the President of the Russian Federation. An analysis of the activities of the Security Council of the Russian Federation indicates that the meeting is the main, most demanded form of the Council's activities, within the framework of which its main powers are exercised. Meetings are in demand in the activities of this body to a lesser extent. An analysis of the activities of the Security Council of the Russian Federation indicates that the meeting is the main, most demanded form of the Council's activities, within the framework of which its main powers are exercised. Meetings are in demand in the activities of this body to a lesser extent.

According to the requirements of part 2 of article 17 of the Law, the procedure for organizing and holding meetings and meetings of the Security Council of the Russian Federation is determined by the President of the Russian Federation. Since the main form of rule-making by the President of the Russian Federation is regulatory decrees, the definition of these aspects of the activities of the Council should be determined within the framework of a special decree of the President of the Russian Federation. However, at present, these aspects are regulated by a general normative act - the Regulations on the Security Council of the Russian Federation, approved by Decree of the President of the Russian Federation of May 6, 2011 N 590. Decree of the President of the Russian Federation of May 6, 2011 N 590 (as amended of July 25, 2014) Security of the Russian Federation" // ATP "ConsultantPlus" Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=166288 only the main criteria for delimiting issues that can be considered and resolved during a meeting or session are defined. Further detailing of the procedure for holding meetings and meetings of the Security Council of the Russian Federation is carried out by the President of the Russian Federation on the proposal of the Secretary of the Council in relation to specific circumstances that necessitated the adoption of an appropriate decision by the Security Council of the Russian Federation.

Article 18 of the Law determines the procedure for the adoption and implementation of decisions of the Security Council, which are the result of its activities. They are adopted during a meeting or conference on issues referred by this Law to the competence of this body. Part 1 of this article contains a fundamental provision that determines the possibility of making a decision exclusively by the permanent members of the Council. By virtue of the direct prescription of this Law, members of the Security Council of the Russian Federation are vested only with the right of an advisory vote, in connection with which they directly participate in meetings and meetings, implement the decisions of the Security Council of the Russian Federation within their competence, but they do not have the right to participate in decision-making. The preparation of draft decisions of the Security Council of the Russian Federation falls within the competence of the Secretary of the Security Council of the Russian Federation. In accordance with general rules established in relation to acts of public authorities, they must be made in writing. Decisions of the Security Council of the Russian Federation are adopted at its meeting by permanent members by a simple majority of votes from total number the permanent members of the Security Council present.

Decisions are documented in the minutes of meetings of the Security Council of the Russian Federation or minutes of operational meetings of the Security Council of the Russian Federation and come into force after their approval by the President of the Russian Federation. Meeting decisions on strategic planning are drawn up in protocols approved by the Chairman of the Security Council of the Russian Federation. Decisions of the Security Council of the Russian Federation that have entered into force are binding on state bodies and officials. Often a means practical implementation decisions of the Council are decrees, orders and instructions of the President of the Russian Federation. The provisions of this article are of a general nature and define only the main criteria for making decisions by the Security Council of the Russian Federation and for their acquisition of legal force.

Conclusion

So for last years our country faced new threats and challenges, which as a result required a change in the content and guidelines of the state's activities to ensure security. The Federal Law of December 28, 2010 N 390-FZ "On Security" consolidates the main principles of ensuring security and establishes the powers of the President and the Government of the Russian Federation, the Federal Assembly of the Russian Federation, federal executive authorities, the functions of state authorities of the constituent entities of the Russian Federation and local authorities. self-government in the field of security. Many jurists agree that, in general, the Law contributes to a clear organization of the work of state bodies to ensure law and order in the economy, social sphere and society as a whole. The normative document entrusts the President with the task of determining the main directions of state policy in the field of security, and the mechanism scientific justification eliminates this policy.

This Law, guided by Article 83 of the Constitution of the Russian Federation, determines the status of the Security Council of the Russian Federation, its tasks, functions, composition and procedure for organizing activities. According to this Law, the Security Council of the Russian Federation is a constitutional advisory body that prepares decisions of the President on issues of security, international cooperation in the field of security, as well as other issues. A reduced list of functions is assigned to the Security Council of the Russian Federation by law. An analysis of these functions shows that they correspond to the established structure of the Security Council apparatus and the practice of its work.

This Law establishes eleven priority areas of activity to ensure the security of the state, environmental security, as well as the security of society and the individual. The key tasks in the field of security in the Law are forecasting, detection, analysis and assessment of security threats, as well as the development and use of a set of operational and long-term measures to prevent and eliminate these threats, as well as localize and neutralize their consequences.

In the international political sphere The priority task is to protect the sovereignty and territorial integrity of the country, as well as to protect the legitimate interests of its citizens inside and outside the country. The Law clearly states that the observance of human rights and freedoms are the basic principles of ensuring security. Priority here is given to preventive measures and interaction of public authorities with public associations and citizens. Russia will strengthen relations with strategic partners, participate in the activities of international organizations, and actively contribute to the settlement of conflicts. Behind the dry lines of the document are such problems as the fight against piracy and international terrorism, countering the production and distribution of drugs. This normative act also takes into account such factors as the increase in manifestations of xenophobia and nationalism in society and the need for an adequate response to them.

However, the analysis of this Law showed that it contains some significant gaps. For example, it lacks a clear concept of security. There is also no specific designation of security objects (individual, society and state) and security subjects. As it logically follows from the first article of the Law, the main place is given to ensuring the security of the state, then comes the public and environmental Safety and only after that is the security of the individual, and indeed the interests of the individual, society and the state, including vital interests, in this normative act missing.

List of used literature

1. Federal Law No. 390-FZ of December 28, 2010 "On Security". // ATP "ConsultantPlus". [Electronic resource]. Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=108546

2. The Constitution of the Russian Federation (taking into account the amendments made by the Laws of the Russian Federation to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ, of February 5, 2014 N 2-FKZ, of July 21, 2014 N 11- FKZ) // SPS "ConsultantPlus". URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=2875

3. Decree of the President of the Russian Federation of 05/06/2011 N 590 (as amended on 07/25/2014) "Issues of the Security Council of the Russian Federation" // SPS "ConsultantPlus". URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=166288

4. Decree of the President of the Russian Federation of May 25, 2008 N 836 (as amended on December 24, 2011) "On approval of the composition of the Security Council of the Russian Federation" // SPS "ConsultantPlus" [Electronic resource]. Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=123999

5. Decree of the President of the Russian Federation of March 9, 2004 N 314 (as amended on June 22, 2010) "On the system and structure of federal executive bodies"// ATP "ConsultantPlus" [Electronic resource]. Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=101681

6. Federal Law of October 6, 1999 N 184-FZ (as amended on April 6, 2015) "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation"// ATP "ConsultantPlus". [Electronic resource]. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=177727

7. The Charter of the United Nations (Adopted in San Francisco on June 26, 1945) // SPS "Consultant Plus" [Electronic resource]. Internet resource. URL: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=121087

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