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Politics and Society
Reference:

Problems of Law Enforcement Agency Interaction to Ensure National Security

Begeza Vitaliy Vasilevich

ORCID: 0000-0002-5201-520X

Senior Lecturer, Department of Public Administration and National Security, Russian Presidential Academy of National Economy and Public Administration

119602, Russia, Moscow, Vernadsky ave., 84 with 1

89250240000@mail.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0684.2023.1.43799.2

EDN:

UPYHGS

Received:

20-08-2022


Published:

16-08-2023


Abstract: Ensuring national security and measures to protect it are at the heart of the prosperity of any State and its people. The Russian Federation's modern national security system, which is a complex, multi-level system, plays a vital role in ensuring state and public security. The elements of this system are represented by security at various levels, interacting and functioning through direct and feedback links. An important direction of the Russian Federation's National Security Strategy is consolidating law enforcement agencies and civil society institutions to create positive external and internal conditions to implement national interests and priorities. In this article, the author examines the activities of law enforcement agencies aimed at ensuring national security and issues of interaction. The problem of law enforcement agencies' effectiveness in ensuring the Russian Federation's national security is also considered based on an analysis of regulatory legal acts and the effectiveness of law enforcement agencies. The system of safeguarding and protecting national security is considered in the totality of subjects in interaction, as well as various bodies, forces, and means of ensuring security at a national level, provided through existing legal norms. What determines the necessary relevance of the important issues under consideration in the current situation?


Keywords:

national interests, citizens, state, law enforcement agencies, national security, law enforcement activities, threats, safety, society, state security

Introduction: The relevance of the research.

National security issues are extremely relevant. Ensuring national security occupies an important place among the strategic priorities of the Russian Federation’s national security. The country's stable development in the long term emphasizes the need for special attention to the problems of the interaction of law enforcement agencies to ensure national security.

The purpose of the study:

To correctly define the role of individual law enforcement agencies and their interaction to ensure national security, which, at present, is of great importance and significance.

Research methods:

The study uses general theoretical methods of scientific cognition (analysis and synthesis) as legal methods—comparative legal and formal legal—which made it possible to determine the features of law enforcement agencies' interaction and organization of activities to ensure national security.

Research results:

National security is the ability of the state to protect its citizens, the economy, and other institutions provided for by the legislation of the Russian Federation.

They distinguish internal security (corruption, drug addiction, prostitution, theft, and other various offenses on the part of the population) and external security (international terrorism and security emanating from the political and socio-economic situations in other countries)

In addition, the classification of types of security is also important in the structure of national security and contributes to developing specific policies and strategies to ensure national security. Depending on the nature of the threats, their source, and specifics, it is possible to distinguish types of security in specific spheres of life: military, political, socio-economic, environmental, and information security. A threat to national security is "a set of conditions and factors that create the direct or indirect possibility of harming national interests" [3].

Threats to national security have existed and will continue to exist. As a result, it is necessary to have time to adapt to environmental changes and look for new ways to prevent and suppress situations that threaten security.

The concept of "security" is considered from various positions. The most common approach is where security is understood as the protection of society and its components from internal and external threats.

National security is defined as a particular activity in law enforcement agencies specifically authorized by the state acting to eliminate threats to the state, the economy, politics, and social development [4].

Ensuring the national security of the Russian Federation is understood as the purposeful activity of state public institutions, law enforcement agencies, and citizens to identify and prevent threats to the security of individuals, society, and the state.

Interaction as a category means joint or coordinated activities of two or more subjects to achieve one or more goals.

In light of the stated topic, we note that the basis of such interaction is the objective need to ensure national security. Thus, ensuring the national security of the Russian Federation is the result of the interaction of law enforcement agencies, various state bodies, and organizations aimed at establishing and maintaining the political, economic, military-strategic, and international position of the country that will favor the development of the state, the individual, and society [6].

Discussion of the results:

The National Security Strategy of the Russian Federation, which was approved in 2021, defines a threat to national security as "a set of factors and conditions that create an indirect or direct possibility of harming national interests."

The threats to national security identified in the Strategy are classified by spheres and in relation to external or internal sources.

Thus, a significant number of threats are identified in the sphere of public and state security (the activities of special services and organizations of foreign states, extremist and radical organizations, natural disasters, and corruption). Epidemics and the spread of dangerous diseases are recognized as potential dangers in public health. Lagging behind in economic and technological development are threats to the quality of life of Russian citizens. Falsifications of Russian history and the erosion of spiritual and moral values are serious threats to national security.

Law enforcement agencies play a significant role in preventing risks and threats to Russia's national security. The Ministry of Internal Affairs of the Russian Federation is a key law enforcement agency that ensures national security. Topical issues to ensure the national security of the Ministry of Internal Affairs of the Russian Federation are forecasting and analyzing crime and public security, counter-terrorism activities, detecting and suppressing particularly serious crimes, and preventing and suppressing extremist activities. It should be noted that in 2016, a new structure was created in the law enforcement system, the Federal Service of the National Guard of the Russian Federation (Rosgvardiya), whose tasks also include issues ensuring national security [1].

The task assigned to law enforcement agencies requires a thorough systematic approach, provided only if specific goals and objectives are defined for each subject of national security (state, individual, and social institutions). In the Russian Federation, the following are involved in ensuring national security: The Ministry of Internal Affairs, the FSB, Rosgvardiya, the Ministry of Justice of Russia, the Prosecutor's Office, the Investigative Committee of the Russian Federation, etc.

The issues of correlation and development of the norms of legislation that determine the activities of law enforcement agencies in the legal framework to ensure national security are one of the main problems for the state.

The effectiveness and functionality of all systems of law enforcement agencies of the Russian Federation, coherence, and consistency in the actions of various structures and organizations performing tasks facing law enforcement agencies depend on the development of such legislation.

Law enforcement agencies that ensure security are classified depending on the direction of their activities to protect against external or internal threats. Some bodies aim to ensure external security (Armed Forces, foreign intelligence agencies), and others, internal security (internal affairs agencies, internal troops).

It should be noted that the activity and role of law enforcement agencies aimed at ensuring national security depends on the content of national security on the accepted official concept of national security [5]. Even though the term "national security" is enshrined in detail in the National Security Strategy of the Russian Federation, nevertheless, there is no unambiguity in the definition of the concept of "national security" in official legal documents, which in turn, is due to their possible broad interpretation, as well as the close interconnectedness of challenges and threats.

It is worth noting that the Federal Law "On Security" states that the policy in the field of state security "is executed by federal state authorities, state authorities of the subjects of the Russian Federation, and local self-government bodies" [2]. The powers of the President of the Russian Federation, both chambers of the Federal Assembly, the Government, and the Security Council are determined by legislation on state policy in the field of ensuring national security. At the same time, law enforcement agencies in the Federal Law "On Security" are not mentioned among the bodies implementing state policy in security. The Prosecutor's Office, which plays a significant role in ensuring the national security of the Russian Federation, is not mentioned among the bodies responsible for conducting state security policy.

At the same time, the prosecutor's office, which is affected by the law, is not included in any of the power networks specified in the Federal Law "On Security." The functions and status of the Prosecutor's Office determine its ability to ensure the national interests of the Russian Federation. The powers of the Prosecutor's Office of the Russian Federation include actions to identify and neutralize threats to the national security of the country and coordination of the activities of Russian law enforcement agencies in the fight against crime.

It should be noted that the issues of countering threats to both internal and external security are impossible without close interaction in the process of coordinating the activities of the prosecutor's office with the Ministry of Internal Affairs of Russia, the FSB of Russia, and the Federal Tax Service of Russia, which in turn, confirms the effectiveness of the coordination activities of law enforcement agencies to ensure national security. It should be noted that the prosecutor's office consolidates law enforcement agencies' efforts to exercise citizens' constitutional rights and freedoms and fulfill the Russian Federation's national interests [5].

To date, law enforcement agencies and other national security agencies are implementing a relatively wide range of areas of interaction. The breadth, in this case, is explained by the peculiarities of the tasks assigned to the departments, which in some instances, overlap and require clear algorithms for the distribution of powers and interaction. Interaction is carried out in such areas as operational investigative activities, the sphere of information exchange, the sphere of implementation of state protection functions, the sphere of implementation of migration policy, ensuring national security, etc. In the conditions of increasing threats to information security, mutual coordination activities to ensure the moral and spiritual life of the younger generation are also becoming more relevant.

Nevertheless, the current lack of coordinated interaction of authorized structures leads to a possible undermining of national security. In this regard, the issues of improving the legislation of law enforcement activities of the Ministry of Internal Affairs of Russia to ensure the national security of the Russian Federation are of particular relevance. It is necessary to develop, expand, and strengthen the cooperation of law enforcement agencies. One of the means of solving this issue is the preparation and adoption by the heads of law enforcement agencies of joint organizational and administrative documents defining the order of interaction of these bodies in the detection and suppression of crimes in the field of national security.

Conclusion:

In the legislation regulating the main activities of various structures of the law enforcement system to ensure national security, it is advisable to introduce a specific classification of various forms of interaction and cooperative functioning in law enforcement agencies.

The legislation norms that will assign a classification of forms of interaction and cooperation in law enforcement agencies will allow them to work out many specific issues in detail and develop more effective forms of interaction and collaboration facing law enforcement agencies.

The activities of Russian law enforcement agencies in the national security system should be based on a strong legal framework that will bring their powers in line with the objectively evolving situation and changes in the structure of security threats, which in turn, will allow them to form effective interaction with other security actors.

Thus, to achieve stability in the country and the necessary political balance, a model of simultaneous functioning and interaction of all elements of the national security system is needed. Of course, the success of the work largely depends on the effectiveness of interaction with other state law enforcement agencies.

References
1. About the police: Federal Law of the Russian Federation No. Z-FZ. (2011). Russian Gas.
2. About safety: Federal Law of the Russian Federation No. 390-FZ. (2010). Russian Gas.
3. Elinsky, V. I. (2022). On the organization of forensic support of the investigation of corruption-related official crimes (based on the materials of criminalistics units). In The collection: Development of legal systems of Russia and foreign countries: problems of theory and practice. Moscow. pp. 71–80.
4. Nersesyants V. S. (2016). The general theory of law and the state. M.: NORM. p. 246.
5. Tomin V. T. (2018). Interaction of internal affairs bodies with the population in the fight against crime. p. 180.
6. Shobodoeva A. V. (2015). Fundamentals of the theory of national security. Irkutsk: Baikal State University of Economics and Law. p. 198.

First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the study. The article "Organization of the activities of internal affairs bodies in the context of the emergence of new challenges to cybersecurity in Russia" as a subject of research has the organizational and legal basis for the activities of special units of the Ministry of Internal Affairs of Russia in the field of cybercrime. Research methodology. We believe that the author used exclusively the method of describing the organizational and legal foundations of the activities of special units of the Ministry of Internal Affairs of Russia (rather one structural unit - the "Department for the Organization of combating the Illegal use of information and Communication technologies") in the field of cybercrime. Some attempts have been made to conduct an analysis, but in the end, the author limited himself to reviewing different points of view on the subject of the study. It seems that the methodological apparatus has not been developed in this work. The relevance of research. In the context of global digitalization and the formation of the information society, as well as the growing number of cybercrimes, the topic of this work seems very relevant. The scientific novelty of the research. Due to the improvement of the organizational and legal foundations of the activities of the internal affairs bodies of the Russian Federation in the context of the emergence of new cybersecurity challenges, the topic chosen for research has not been sufficiently developed in Russian legal science and is characterized by scientific novelty. Style, structure, and content. The work is descriptive in nature. The author makes terminological errors (for example, the author uses "normative legal act" instead of "normative legal act" or "new composition of the article..." instead of "a new corpus delicti provided for in Article ...", etc.). The author writes that: "Since September 2022, a new department has been operating in the structure of the internal affairs bodies – the Department for Organizing the Fight against the Illegal Use of Information and Communication Technologies (hereinafter referred to as the Department)," and in the final part concludes that: "In addition, as a result of studying the legislation, it was found out that the Ministry of Internal Affairs of Russia and the Department, respectively, do not have the opportunity ...", "In this regard, it seems necessary to study in detail the procedure for interaction between the Ministry of Internal Affairs of Russia and the Department ..." Such conclusions seem illogical, since the Department is part of the structure of the Ministry of Internal Affairs of Russia. The author has made an attempt to structure his work, although it is not formally divided into parts. We believe that the content of the work is narrower than the topic stated by the author. Therefore, it cannot be said that the topic has been disclosed. The statistical data provided by the author on the reduction in the number of crimes committed using information technology by 5.6% (as of October 2022) are questionable. There are already published statistics for 2022. So, with reference to the official website of the Ministry of Internal Affairs of Russia, it can be noted: "Cybercrime rates have increased by 14.2%. There are 85.1% more recorded facts of drug sales using information and telecommunication technologies. There are continuing trends of an increase in the number of IT scams by 12%. At the same time, the number of IT thefts decreased by 13.1%, as well as crimes related to the use of computer equipment - by 10.3% and settlement plastic cards – by 7.7%" (https://ìâä.ðô/reports/item/35396677 /). Bibliography. The author has studied unacceptably little by the source on the stated topic, there are no references to publications of recent years in the bibliography list (the latest publication in the list is 2017). During the writing of the work, the author did not address the opinions of such authoritative scientists as S.V. Ovchinsky, A.A. Smirnov, T.A. Polyakova, etc., who deal with information security issues, including the problems of countering cybercrime and improving the system of law enforcement agencies ensuring cybersecurity. Appeal to opponents. The article contains an overview of several opinions (or rather two) on the issue of the relationship between the concepts of "information security" and "cybersecurity". The author's position on this issue is unclear. Conclusions, the interest of the readership. Despite the relevance of the topic, the article "Organization of the activities of internal affairs bodies in the context of the emergence of new challenges to Russian cybersecurity" cannot be recommended for publication, because it does not meet the requirements for scientific papers.

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Organization of the activities of internal affairs bodies in the context of the emergence of new challenges to cybersecurity in Russia." The subject of the study. The article proposed for review is devoted to the organization of "... the activities of internal affairs bodies in the context of the emergence of new challenges to Russia's cybersecurity." The author has chosen a special subject of research: the proposed issues are investigated from the point of view of constitutional, administrative and information law, while the author notes that "... scientists, programmers and enthusiasts come up with and create revolutionary technical solutions in the digital environment, some of which simplify our lives, others can become a serious problem because they are used for cyberbullying". NPAs relevant to the purpose of the study are being studied. A certain, not very large (4 titles) volume of Russian scientific literature on the stated issues is also studied and summarized, analysis and discussion with these opposing authors are present. More modern literature is available on the Internet and the ATP. But the author dwelled on the period 2006-2017. At the same time, the author notes: "Cybercrime is becoming more and more popular every year and thus it is becoming more and more important on the part of law enforcement agencies." Research methodology. The purpose of the study is determined by the title and content of the work: "... the main role in the fight against cybercrime is occupied by the internal affairs bodies, which is explained, firstly, by the powers established by law. Secondly, their dominant role as the body authorized to ensure the national security of the Russian Federation ...", "... statistics showing a negative trend of increasing cybercrime is associated with the digitalization of public relations, openness and accessibility of information on the Internet, in which it is also easy to remain anonymous." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of private scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic and influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used formal legal and comparative legal methods, which made it possible to analyze and interpret the norms of acts of Russian legislation and compare various documents. In particular, the following conclusions are drawn: "Taking into account the dominant role of the Ministry of Internal Affairs of Russia in ensuring cybersecurity, special attention should be paid to the organization of the activities of the named body, which will increase efficiency and efficiency in detecting, suppressing and disclosing cybercrimes," etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "... with the apparent legal certainty of the Management's activities and the appearance of the Situation, nevertheless some issues have not been disclosed by the legislator and still remain unresolved. In particular, the issues of organizing the interaction of the Department with other public authorities, which also specialize in ensuring cybersecurity." And in fact, an analysis of the opponents' work should follow here, and it follows, but in limited quantities, and the author shows a certain ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is the following: "It seems necessary to allow the Department to independently make decisions regarding restricting access to information resources on the Internet, which contain information that poses a threat of harm to the life, health and property of citizens, and which the Department has identified through monitoring information resources for compliance with legislation." As can be seen, these and other "theoretical" conclusions can be used to a certain extent in further research. Thus, the materials of the article as presented may be of some interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Administrative Law and Practice of Administration", as it is devoted to the organization of "... the activities of internal affairs bodies in the context of the emergence of new challenges to cybersecurity in Russia." The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found, except for the lack of modern literature and a typo "refers to the management statement" (probably "management"?). The bibliography is not very complete, it contains publications in the period 2006-2017, NPAs, to which the author refers. This allows the author to correctly identify problems and put them up for discussion. The quality of the literature presented and used should not be appreciated very highly. The presence of modern scientific literature would show greater validity of the author's conclusions and would influence the author's conclusions. The works of these authors correspond to the research topic, have a certain sign of sufficiency, and contribute to the disclosure of some aspects of the topic. Appeal to opponents. The author conducted an analysis of the current state of the problem under study based on materials mainly from scientific research. The author describes some of the opponents' points of view on the problem, argues for a more correct position in his opinion, relying in some cases on the work of opponents, and offers solutions to problems. Conclusions, the interest of the readership. The conclusions are logical, specific "... as a result of studying the legislation, it was found out that the Ministry of Internal Affairs of Russia does not have the ability to make decisions on restricting access to illegal information, the distribution and placement on the Internet of which the Ministry of Internal Affairs of Russia not only monitors, but also investigates crimes", etc. The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend publishing it, taking into account the comments.