Information from the Armed Forces, suggests that the level of offenses committed by military personnel, remains the highest. A trivial way of strengthening the rule of law in the military — the creation of special structures similar to those that already exist in the police, the Federal Customs Committee, the Federal Service for Execution of Punishment. There are similar bodies, and virtually all zabugornyh armies. What kind of structure it is and what it should do?
The most severe discrepancy, which has a tremendous impact on the daily operation of the Armed Forces, — unlimited number of economic and financial irregularities. In general, the Ministry of Defence of harm from them is many, many billion.
Body that had to identify monetary disturbances in the Armed Forces, is the Financial Supervision of the Ministry of Defence. And this puzzle she does well. But the detected infringement — it's only the beginning. For example, the observed lack of money may be the result of accounting errors. And if this is theft? Accordingly, each case should be investigated.
But the Financial Supervision confined to ascertaining the facts of violations and listing them in the act, it appears at the end of the audit of the audited commander. To find the culprits, bring them to justice, or to arrange refund of their damage in each case was due to the commander of the military unit. He appointed the 1st of subordinate officers to conduct an administrative investigation, during which established the incident appeared violations, assumptions and guilty for what happened. Acquired confirmation and were the basis for verbovaniya commander of the blame to the real or disciplinary action or criminal prosecution.
But the huge drawback was that the investigation was carried out in two steps. At first inspection the inspector inspected the monetary financial and economic work and finds a violation, and then, after the Act is signed by the commander, is in the process of administrative investigation established violations of the incident, the premises and guilty. Accordingly, between steps passed pretty great time, allowing the guilty necessarily prepared, and in some cases to avoid responsibility.
The subsequent big drawback was the fact that the revision of the Financial Supervision Act represented the commander of the same part, in which the audit is carried out, and he also had to punish the guilty and to make decisions on shortages. The commander of the military unit inevitably to one degree or another had to do with what ever cash violations which could detect. In accordance with their obligations, he organizes the control of the money, controls the introduction of money and approves all major financial documents. Accordingly, if there is a monetary violation, the commander or not established a tribute to the work and the way financial poorly controlled subordinates, or he organized the violation. That's why he almost always is interested in an impartial investigation of violations of cash.
Further. Administrative investigation, appointed commander, could only be carried out in subordinate units. Meanwhile, the audit revealed violations and could be the result of actions of higher contentment. For example, a shortage of stock in the ware will probably organized by a higher official of the clothing service to meet their own violations. For an officer who carried out the investigation, interview officials or inspect documents in other parts, and even more so in the higher was very difficult. In practice, cases where traces of violations lead to another part, appear quite frequently.
And the most important thing. The investigation of violations of the money — a very, very difficult task that requires a high level of knowledge of the organization of troop management, financial and legal issues. Apart from the knowledge required and a very special personal qualities — it is necessary to set a very nasty questions, actually interrogate their own colleagues. Just hard to find in a normal part of such an officer.
In the near future a system of financial and economic work in the Armed Forces is undergoing significant changes. Apparently, this is expressed in the fact that military units are content with their own bodies will not, and will be engaged in the supply of some regional authorities. But consider that if such scheme of financial and economic work in violation of parts will be gone, — a severe error. In parts orders should be issued to various payments to personnel, prepared an application for a property, fuel and material means, be part of their spending and storage. So Makar, the possibility for abuse to continue. Moreover, as a result of interaction of the system transformation of contentment and military units will become even more complex as it follows the investigation of violations of cash repeatedly complicated. In addition, contentment and regional authorities themselves also have to keep under control.
Subsequent large discrepancy Armed Forces — drug use by military personnel. Some figures showing how many people have joined the deadly potion unsafe in the army and navy, in the public domain there. But there are to this effect is indirect evidence. For example, it is clear that 20-30 percent of the students (future soldiers) in anonymous surveys admit to having tried drugs, and the greatest number of people addicted to them between the ages of 18 and 32, in other words, many military personnel are included in the "at risk" . Only one way out — the military, "podsevshih" on drugs, you need to identify and dismiss.
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But the task of the armed forces are not fully ready. To verify this, quite make out military legislation. In accordance with the Disciplinary Regulations drug even comes in a list of gross misconduct. Responsibility is only available for commitments to be intoxicated (being tired does not specify what — drugs or alcohol). In the middle of the grounds for early contract termination soldiers from military service, which is powered by the Federal Law "On Military Duty and Military Service", the use of drugs is also not foreseen.
The fact that drug addiction is not reflected in military law, is very revealing. This happens because the cases in which military personnel to expose drug addiction are very rare. For purposeful work to identify drug addicts in the Armed Forces is not just a yes and some of its conduct. Federal Drug Control Service or the police, for obvious reasons, do it in the army can not. Though what is the commander of the military unit in identifying at drug users, is not interested. After all, he is responsible, including for educational work, and so in case of detection of drug addicts to put it mildly, "not to be praised
By the way, it is necessary to take into account the subsequent. Traces of drugs in the human body remain limited time, in other words, pretty enough short duration of abstinence period (7-10 days for marijuana) and their drug tests at the time will not be revealed. Accordingly inspection during routine clinical examination of the benefit of annual normal conditions in military medical facilities can not give the results (note that at the moment these analyzes are not reported.)
Especially since the results will not be if to send a military man in civilian medical facilities: There is a real possibility of replacing the analyzes or collusion with the medical staff. To obtain accurate results for drug tests should be carried out so that the soldier was not known in advance of the date of inspection, under serious control to the sample, it was unrealistic to substitute, in compliance with all legal formalities — because of course, that the good results in the test will lead to the dismissal of military . Can the unit commander to organize this kind of work?
Follow big problem — the fight against corruption. The numbers show: in the Armed Forces without annoying grows the number of criminal cases with corruption component.
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Basically, the management staff of the Ministry of Defense created a unit that collects data on the income and assets of certain categories of senior military personnel. But it is not clear that it will allow to solve the problem. There are lots of methods to hide their income. It is necessary to inspect the information received by the operational and GAM with a similar problem, of course, do not cope.
In addition, it should be noted that the military usually does not provide services to permit disposition for people and organizations. Accordingly bribes's not the most appropriate type of corruption (except for the call). The main impetus of military service — career development, and often corrupt atrocities in the Armed Forces are associated with different types of disabilities in the mission to higher positions.
The widespread phenomenon — the destination for positions as an acquaintance, the introduction of promotion of similar bonds. As a result, moving up the career ladder is not the most deserving, most of the officers of the brain is deprived of the stimulus of military service. The large scale of this type of violation have acquired due to non-ideal device performance evaluation of military personnel, but plays a role and the impunity of commanders and superiors for appropriate violations. Cases verbovaniya responsible for this can not be, in principle, as there is no body that would deliberately engaged in checking the objectivity and validity of the documents describing those or other personnel decisions.
Very serious and probably the most discussed problem of the Armed Forces — hazing in the middle of conscripts. In the middle of a huge number of circumstances that give rise to this phenomenon, it is worth the brakes on the investigation of similar offenses.
Conscripts — a separate social group with its own interests, culture, and traditions. Due to some circumstances, it is a very private nature. Conscripts — the soldiers and sailors usually do not report on recognized cases of offenses in their own environment and more than that — the intensity of their hide. This is one of the main causes of such "persistence" hazing.
For disk imaging on offenses of obtaining the midst of conscripts needed special authority that could organize a real protection to witnesses, also masterfully, including vneglasnym ways to gather information on violations of conscripts.
Law Enforcement Command
In the absence of specialized law enforcement to counter violations of the Armed Forces can only work commanders.
The main mechanism for maintaining law and order in the hands of commanders — administrative (office) investigation. Though any event that can potentially verbovanie military responsibility (disciplinary, real, criminal), the detection of at least some of the real harm require the respective commander of the administrative investigation. Even more important are investigations conducted by superiors. This may be the tragedy of arms and military equipment, military death, disruption of combat training, etc.
Administrative (official) investigation — a universal mechanism of obtaining disk imaging, necessary to make informed decisions by commanders at all levels. On the legal side of an administrative investigation can not only get the right information, and to document the validity of those or other decisions Command, commander of objectivity in making penalties, guilt (or innocence) of military personnel. Most investigations on those or other issues are completed (in the case of signs of crime) prosecutions. Moreover, the base of many criminal cases in the Armed Forces of the specific findings are made in the process of administrative investigations.
Despite the tremendous importance of administrative investigations in the daily life of the troops, their level of very small, I would have said, simple. Single document that would fully regulate the procedure for the investigation and the rights and responsibilities of the officials who conducted the investigation, no. Commanders in the majority do not understand the significance of their own investigations can not correctly assign the investigation do not know who you can and who can not be assigned to carry it out.
Focused work on the preparation of investigative non-existent. The officers assigned to the investigation, did not have enough knowledge so often and want to deal with this nepriznatelnoy work that does not go to their official duties. The results of investigations are not analyzed and summarized.
Inquiry in criminal cases
Follow-up mechanism for the maintenance of law and order in the Armed Forces — the inquiry, the investigation of criminal cases (usually, a small gravity), pre-trial investigation by the Investigation Committee is optional.
In the Armed Forces in accordance with the Criminal Procedure Code, the body of inquiry is the commander of the military unit. By law he is entitled to make the decision to institute criminal proceedings, it shall specifically to control the actions of the investigators during his investigation. The commander is given a lot of power, but in practice no practical usefulness of it is not.
A criminal case, the management of his investigation — a very difficult task, requiring the highest level of special knowledge. Does the commander of their everyday? Of course not. Because in practice the right of a criminal case unit commander — in less than a formality. No commander of the not opened a criminal case without the help of others, without the authority of the Investigative Committee. None of what the independent role of the commander of a body of the question.
The same can be said of the inquiry officer. Investigators in parts — is ordinary officers who, in addition to the principal is charged with the obligations and responsibilities of the investigator. Any special knowledge th
ey possess, in fact — and was particularly keen to own additional obligations are no different, unable to make their own decisions, and just working on the premises of the investigators of the Investigative Committee. This case does double damage: increasing burden on investigators — they get distracted from their own pretty fundamental problems, and commanders are deprived of very harsh instrument for maintaining law and order.
The law enforcement
Even better prepyadstviya law enforcement work in the Armed Forces can be seen if you look at it on the scale of the country's law enforcement system.
The law enforcement system of our country's Investigative Committee is investigating criminal cases opened. In other words to have begun work on the crime investigators SC, we need sufficient grounds for a criminal case, simply put, was the obvious fact of the crime. But not in every case, these data are obvious, offenders, by definition, tend to conceal their own crimes. Because almost always need a purposeful work for event detection of illegal acts.
Such work is called operational-search activities. It allows you to detect the early stages of the crime, identify hidden crime and punishment do unavoidable for criminals. The most famous operational law is the body of all the popular militia (police). Engaged in the operational-search activities can severely limited the range of bodies, which are listed in the law "On operative-investigative activity." Not counting the bodies, which are operative work among the people (police, FSB), virtually all power structures are the bodies that carry out operational work inside the offices themselves.
The essence of the operational-search bodies — capturing, processing and accumulation of impending disk imaging and sins committed and the persons committing them as vowels and vneglasnym ways. To perform these functions, the law gives the operational bodies opportunities. They can interview people and request information from various agencies, with the consent of the court to intercept mail and eavesdrop on the discussions, look for the suspects have informants. To perform the functions of their own operational entities have legislation prepared personnel, scientifically developed techniques, special hardware. In addition, operational and investigative agencies have centralized management, data sharing, common databases (surveys). All of this allows them pretty well solve assigned tasks.
Now go back to the Armed Forces. Body, which could lead to operational-search activity in the Armed Forces, no. As a military intelligence agencies of the FSB — you ask. Yes, indeed, the right of operative-search activity on the territory of military units possess organs of the military counter-intelligence of the FSB. But in accordance with the law of their activity is limited to only a small circle of crimes — against the municipal building and public safety, such as espionage, treason, etc. The other issues military counterintelligence FSB deliberately not engaged. In addition, in accordance with the specificity of their own operational information with the relevant commanders of the Armed Forces, they divide very reluctantly.
Problem detection sheltered parts of the atrocities in the law rests with the commanders. Administrative investigation, which we discussed above, we can assume some of the rudiments of such activities. But, as has been said, commanders can not solve this puzzle perfectly.
To the challenges put forward by the need to maintain law and order, the Armed Forces are not ready. This applies to such pressing issues as the fight against financial irregularities, use of military drugs, corruption, conducting administrative investigations and inquiries into parts. To solve this dilemma can only be adopting a system solution: to make in the Armed Forces of the special law enforcement body, endowed with all the rights that are given to the law "On operative-investigative activity", and in surrounding continuous monitoring of all military units.
It might seem that the emergence of modern structures in a time of great cuts that are going through at the moment the armed forces, it is impractical. But even without taking into account the importance of the tasks, think about it: how many officers in every part without annoying spent to solve these issues? Enquiry into parts, administrative investigation, audit, inspection — all charge the officers, who are not fully engaged in the service of their own commitments, and for all that this whole concept work is unsatisfactory, because it makes it non-professionals. If ever it takes to solve these problems, calculate, it turns out that the creation of separate law enforcement agencies more than justified.
The creation of the task body of Investigation in the Armed Forces is very, very difficult. Unlike other institutions in the reform of the Armed Forces of the structures, which are analogues in one form or another is already there, Investigation Service — it is something fundamentally new, created from the ground up. With all this it is necessary not only to get a deliberate structure, but more fundamentally — to form a legal framework that would be permitted to newcomer body perfectly solve assigned tasks, and it will be even more difficult. Suffice it to say that you need to make a change in at least two documents: the Code of Criminal Procedure and the Law "On operative-investigative activity." And apart from this, it is required to make a huge number of acts over a small level.
As a long time in our country, discusses the issue of the creation of the military police. It is believed that it was she will raise the level of law and order in the Armed Forces. But in discussing this question is almost always seen only security functions, such as the commandant office, patrolling garrisons. Meanwhile, even more important to maintain the rule of law are the operational-search activity and carrying out various investigations. Based on the specificity of this activity saying that security functions and the investigation function must do a variety of organs. But it is equally obvious that in order to increase the efficiency of these bodies should be under a unified command.
In 2008, the Inspectorate was created by the Ministry of Defence on staff, which was entrusted with carrying out inspections of the rule of law in the Armed Forces of the Russian Federation and conduct administrative investigations against senior officers. On the basis of the tasks that were put to her, practically this is the body of investigations. But vsepolnotsennym law enforcement agency in the scale of the Armed Forces of the inspection can not be due to the small numbers, the lack of enforcement in parts, the lack of rights that are given by law operational law enforcement. The most common way the creation of the Investigation Service — is the formation on the basis of the inspection structure that spanned the continuous control of all military units and institutions of the Ministry of Defence. Special units should be more than the level of the individual compound or parts. In addition, in large garrisons necessary departments that have ruled the work in the parts and units bearing the commandant of protection and service.
The functions of the new body
So, what features should be attributed to a promising investigative authority of the Armed Forces:
financial irregularities in the investigation units and institutions;
conducting inquiries in criminal cases in the army;
carrying out urgent investigative actions by the atrocities committed on the territory of military units;
check disk imaging of sins;
conducting administrative (office) investigations;
measures to ensure the organization of production based on misconduct of the military;
test personnel on the use of drugs;
role in the investigation of various kinds of accidents
and incidents (navigation, aviation, engineering, etc.);
control over the implementation of disk imaging and analysis of the different systems of technical control in parts: video surveillance, polygraph testing and documentation of official negotiations, etc.;
the creation of the scale of the Armed Forces of the various types of ready reference counts.
The process of development of the country requires increasingly complex relationships. This inevitably confronts law enforcement system more and more puzzles. And the harder they are, the more urgent the need for the creation of special authority for its decision. For example, even 20 years ago to combat the problem of drug trafficking in the country was not so serious, and so it successfully controlled the police. As time passed, the situation has changed and other realities claimed the special structure of the institution — was founded as Federal Drug Control Service.
The highest combat readiness of the Armed Forces of unimaginable without maintaining a rigid military discipline. Achieve in modern conditions it is possible only by giving the command in the hands of a massive gun — operational and investigative authority.