Municipal militia in Russia, an experiment of the 90th years as it was


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in this article we will consider unsuccessful experiments of the past on creation in Russia of municipal militia and we will try to understand the reasons which resulted in such result

It is created from three separate articles
which were for the first time published
from March 28 to April 03, 2018 on Yandex channel. Zen


Municipal militia in Russia, an experiment of the 90th years. As it was.

As promised in one of the previous articles we will consider this subject in more detail. Heard many that in the 90th years of the last century, in a number of regions of our country the experiment on creation of municipal militia was made, and some even managed to serve in these divisions.
Today, as well as it was promised we will consider results of this experiment and we will try to understand the reasons which resulted in such result.

1. Municipal militia of Moscow.

One of the first «the municipal militia» appeared in 1992 in Moscow, from it and I suggest to begin.
Formed the basis for creation in the capital of municipal militia - the Resolution of the government of Moscow No. 176 of 07.04.1992 «About management of municipal (local) militia». This document established, an order of the organization and activity of bodies of municipal militia of the city of Moscow, their purpose, a task, the right and power.
However already the first paragraph of this Resolution, directly specified that Management of municipal militia (further – UMMAHS) is created as a part of Militia of public safety (further – MOB) Main Department of Internal Affairs (further – the Municipal Department of Internal Affairs) city of Moscow.
At the same time the Law "O of militia" of RSFSR existing at that time was specified as legal principles of this resolution. According to Article 7 of this law (in the edition operating as of 07.04.1992), it was accurately registered that all militia of the country submits first of all to the Ministry of Internal Affairs, and divisions of MOB besides the Ministry of Internal Affairs to both the relevant Councils of People's Deputies, and their executive committees.
Further according to the same article it was specified that:
- in edges, areas, autonomous regions and districts, in the cities of Moscow and Leningrad chiefs of managements (head departments) of internal affairs direct militia.
At the same time the Minister of Internal Affairs, in coordination with executive committees of the relevant Councils of People's Deputies with the subsequent approval of the session of these Councils appoints to the positions of these heads.
Also It should be noted that the chief of MOB Municipal Department of Internal Affairs (Department of Internal Affairs) was a deputy head of department, he was appointed by the same chief of the Municipal Department of Internal Affairs to a position, exempted from it and was under its direct supervision.
Thus, the vertical of the management of all militia of the country was under construction on the principle of priority submission of the Ministry of Internal Affairs and is only minor divisions of MOB submitted to local governments.
In all following editions of the Law "About Militia" this principle of the dominating role of the Ministry of Internal Affairs of the Russian Federation in management of all militia remained.
Subsequently, the legislation on militia/police was changed so that local authorities lost even a supporting role in management of territorial authorities of the Ministry of Internal Affairs of the Russian Federation.
In addition, Paragraph 1, appendices No. 1 to the Resolution of the government of Moscow No. 176 of 07.04.1992, «Provisional regulations for Management of municipal (local) militia of Moscow» also confirmed the leading role of the Municipal Department of Internal Affairs of Moscow in management of militia:
In the activity Management of municipal (local) militia submits to Main Department of Internal Affairs of Moscow, the Moscow Council of People's Deputies and the Government of Moscow.
Also Paragraph 2, Chapter 3 of this provision, established the right of the Municipal Department of Internal Affairs of Moscow for the solution of the main organizational issues of municipal militia:
2. Education and liquidation of divisions of municipal militia is carried out by Main Department of Internal Affairs in coordination with the Government of Moscow and the Ministry of Internal Affairs of the Russian Federation.
The solution of the main personnel issues, according to Paragraph 2, Chapter 3 of Appendix No. 2 to the Resolution of the government of Moscow No. 176 of 07.04.1992, "Provisional regulations for service by the ordinary and commanding structure of militia under the contract in Management of municipal (local) militia of Moscow" was within the competence of the Municipal Department of Internal Affairs of Moscow too:
2. The head of department of municipal (local) militia and his deputies are appointed to positions by the chief of the Municipal Department of Internal Affairs of Moscow of representation of the chief of militia of public safety.
It is more evident to compare municipal militia of Moscow those years to municipal police in that look in what it has to be, it is possible in the enclosed table
Thus, the municipal militia of Moscow only formally was municipal, actually it was a component of the Ministry of Internal Affairs of RSFSR/Russia and was under direct supervision of the management of the ministry with only that difference that it was financed in difference from other divisions of the Ministry of Internal Affairs of the Russian Federation by means of the city budget.

2. Regional experiment of 1998-1999.

On September 17, 1998 leaves - the Decree of the President of the Russian Federation No. 1115 «About carrying out in a number of municipal units of an experiment on the organization of protection of public order by local governments».
This Decree decided - to make in a number of municipal units an experiment on the organization of protection of public order by local governments. Approved the Provision on an order of carrying out an experiment and the list of territorial subjects of the Russian Federation and municipal units in which territories the experiment will be made.
To also these Decrees was created the Interdepartmental commission of which the task within a year was set - to generalize results of an experiment and till January 1, 2000 to make to the President offers on realization of constitutional right by local governments on independent implementation of protection of public order.
Let's consider a little more in detail some moments connected with implementation of this Decree on examples.
Stavropol:
on the basis of the Decree of the President it was accepted the mayor - Resolution No. 684 of 16.02.1999 «About creation of municipal militia on the organization of protection of public order of the city of Stavropol».
By the same Resolution it was approved – the Provision on municipal militia on the organization of protection of public order of the city of Stavropol. As well as in a case with municipal militia of Moscow, the authorities of Stavropol went in the same way, namely created «municipal» militia on a similar, non-working template. It is obviously visible from the text of the resolution.
So the first paragraph of Resolution N 684 of 16.02.1999 says:


- 1. To create in structure of militia of public safety of the Department of Internal Affairs of Stavropol Krai (further SK) municipal militia on the organization of protection of public order of the city of Stavropol of Stavropol Krai.



It turns out that as well as in a case with Moscow, the municipal militia is created as structural division of territorial authority of the Ministry of Internal Affairs of the Russian Federation, in this case this Department of Internal Affairs of Stavropol Krai.
In chapter 1 of appendix No. 1 to this resolution the city administration almost in full delegated all powers on management of municipal militia to the management of the regional Department of Internal Affairs (in the quote – the Department of Internal Affairs of SK). The full text of this chapter is given below:

- 1.1. The municipal militia on the organization of protection of public order of the city of Stavropol is legal entity, has the settlement account, an official stamp, angular and other stamps.
In the activity the municipal militia on the organization of protection of public order of the city of Stavropol submits to the Department of Internal Affairs of Stavropol Krai, city administration of Stavropol. Office-work is conducted independently in the order established to the Ministry of Internal Affairs of the Russian Federation.
1.2. The organization of activity of divisions of municipal militia for the organization of protection of public order of the city of Stavropol is carried out on the basis of the decisions made by authorities of the city of Stavropol and also orders and instructions of the chief of the Department of Internal Affairs of SK.
1.3. The structure and states of municipal militia are determined by the chief of the Department of Internal Affairs of SK by representation to city administration.
1.4. Functional obligations of officials of municipal militia for the organization of protection of public order of the city of Stavropol are approved by the chief of the Department of Internal Affairs of SK.
1.5. Management of municipal militia of the city of Stavropol is performed of the head of department of municipal militia appointed by the chief of the Department of Internal Affairs of SK on representation of the mayor.



Chapter 4 of the same Provision fixes these powers:

4.1. The municipal militia is a part of militia of public safety on the city of Stavropol of operational zone N 1 of the Department of Internal Affairs of SK.
4.2. The structure and states of municipal militia are approved by the chief of the Department of Internal Affairs of SK on representation to city administration.
4.3. Education and liquidation of divisions of municipal militia is carried out by the Department of Internal Affairs of SK in coordination with city administration of Stavropol.


Thus, divisions of so-called "municipal" militia of Stavropol were in structure and expeditious submission of the Stavropol regional Department of Internal Affairs which in turn was structural division of the Ministry of Internal Affairs of the Russian Federation.
The city administration reserved only advisory capacity in some questions and the financing imposed to it by the presidential decree.
Similarly with Stavropol, almost in the same way, the municipal militia in Irkutsk, which was included too in the list of regions where the experiment was made was created and worked.
Approached an order of the President a little more responsibly in the Republic of Karelia, where at least on paper, local governments allocated themselves with a little large number of the rights and powers what in Stavropol or Irkutsk.
The note - in article references to the full text of regulations of these cities and regions which were accepted in them within implementation of the Decree of the President on carrying out an experiment are given. If desired you can compare their contents and visually be convinced that they almost completely repeat keeping of each other, is also much general with the normative documents regulating activity of municipal militia of Moscow of 1992.

3. Results of an experiment

Now let's sum up the results, we will consider results of this experiment and we will try to understand the reasons which resulted in such result.
On June 02, 2000 there was a Decree of the President of Russia No. 1011 according to which results of an experiment on the organization of protection of public order by local governments were recognized as unsatisfactory, carrying out an experiment was stopped. The decree of the President No. 1115 of 17.09.1998 regulating carrying out an experiment was repealed. The further vector of development of a control system of militia determined centralization.
In what experiment failure reason, in my opinion, such reasons a little.

Reason No. 1 – unsuccessfully chosen time.
Let's remember what occurred in our country in 1998. The political situation was at crisis peak, the country was literally in a step from split, first of all territorial.
In economy of business were not better, mass delays of the salary, first of all in the budgetary sphere, unemployment, bankruptcies of the enterprises, mad inflation, impoverishment of the population (not poverty, namely poverty), all this was everyday reality of that time.
Respectively in the country leaders perfectly understood that in such conditions transfer to local authorities of law enforcement agencies and powers, even partial, could lead to the most sad consequences.

Reason No. 2 – is lack of desire and readiness of local authorities.
As practice realization of an experiment which we investigated earlier, a considerable part of executive authorities of regions and certain municipal units which according to the Decree of President No. 1115 of 17.09.1998, were chosen for participation in it showed, were obviously not eager to do it.
Indirectly it those legal acts which were adopted in these subjects on realization of an experiment where local governments just transferred (even returned rather) confirm basic rights and powers in questions of the organization and activity of municipal militia back in territorial and regional divisions of the Ministry of Internal Affairs of the Russian Federation.
They reserved only formal advisory capacity in some questions and the financing imposed by the presidential decree.
At the same time many regions were simply presented with a fait accompli that now they should pay the salary of a part of police officers from means of the local budget, here only enough means for this purpose in their budget did not appear.

Reason No. 3 – is lack of normal legal base.
The decree of the President No. 1115 of 17.09.1998 regulated only the fact of carrying out an experiment, defined territories, the list of participants and border within which they could act.
But it did not contain the main thing, the regulatory legal act which would regulate at least the basic principles of activity of municipal militia, its purpose, task, duty, right and border of powers.
Also in the decree there was no distinct answer about the status of staff of municipal militia, their legal status and the mass of others which are not adjusted by the legislation of questions.
Usually when carrying out similar experiments, at first laws and bylaws are developed and adopted even if limited action which regulate activity of the created executive authority and already then within these the NPA is made an experiment. In this case the correct, scientific approach to carrying out an experiment completely was absent.
The new body of municipal authority, with essentially new tasks, had to work within the current law "About militia". Not only that this law at that time, to put it mildly, was far from perfect, so it also was created under militia of federal type, with the centralized, vertical control system in the Ministry of Internal Affairs of the Russian Federation.
Also action and all bylaws, this law extended to the staff of municipal militia that actually completely subordinated municipal militia of the Ministry of Internal Affairs.
As a result divisions of militia which only conditionally could be considered municipal were involved in an experiment, upon they continued to remain structural units of the Ministry of Internal Affairs of the Russian Federation.

Reason No. 4 – terms of carrying out experiment.
Let's remind that according to the Decree of President No. 1115 of 17.09.1998 about carrying out an experiment, the interdepartmental commission had to report on its results till January 01, 2000. That is even if to assume that the experiment began directly in day of signing of the decree, then its participants had a little more than 15 months on its realization.
Upon in the majority of regions, judging by dates of the edition of regional and municipal documents, the experiment began only in February-March, 1999. And the commission had to prepare results till January 1, 2000, but results still need to be collected, to generalize, analyse and unite in an overall picture. It means that regions had to provide the information not later than December 01, 1999.
Thus it turns out that upon an experiment began in March, and it was necessary to report in December of the same year. It turns out that in 9 months, the majority of regions of participants of an experiment had to show, obvious, steady positive dynamics in work of municipal militia. And it provided that upon any additional forces and funds by it for this purpose it was not allocated.
I doubt that there will be a person, in practice familiar with service in law enforcement agencies which will undertake to claim that in the specified conditions it was possible to achieve positive results, even theoretically.

Reason No. 5 – formalistic approach to carrying out an experiment.
(in my opinion, most important)
Considering the above-mentioned reasons several questions arise.
Those who organized carrying out this experiment did not understand it? Most likely understood. And if understood that the experiment is initially doomed to failure why in general was it to spend?
Perhaps, sooner or later someone from his organizers will write in the memoirs about the true reasons, and now we can only assume.
It is possible that an experiment supporters of centralization and a vertical control system of militia quite deliberately failed.
If this is so, then it is difficult to reproach them with it. At that time (1998-1999) it was only the right development strategy of law-enforcement bodies.
It is possible that there was also the second party, those who on the contrary adhered to the ideas of decentralization and federalization, and from them the initiative in carrying out this experiment proceeded. And their opponents, if it was impossible to refuse carrying out, tried to make so that the experiment even accidentally could not terminate successfully.
Proceeding from the above it is possible to draw a conclusion that the experiment was from the very beginning made formally, with in advance planned negative result. In addition, the experiment, let and carried out formally, militias only did much harm. The matter is that in its basis the principle of dual management was initially underlain, and the diarchy in any form is dangerous even in civil institutions. And for paramilitary organizations, which the militia treated, such approach in general is pernicious, being expressed figuratively it as two captains by one ship.
It is also important to consider and the fact that local governments those years still were in a stage of formation and formation. The legislation of the 90th years was far from perfect. There was a mass of contradictions between the federal, regional and municipal authorities, mutually exclusive laws and bylaws. Plus to it a critical situation in economy, huge budget deficit in the majority of regions.
In such situation there was quite clear an unwillingness of local governments to hang on itself an additional burden in the form of a part of militia divisions which under the guise of municipal militia planned to transfer to them to the contents.

Conclusion
Proceeding from the above, it is possible to draw the general conclusion that the municipal militia, in the correct understanding of this term, in Russia never was. There was a name, there was a sign, and here contents was not.



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ATTENTION
the text is translated by means of technical means of the translation
original language of the text – Russian
some words and phrases can be translated not correctly and not correspond to original sense


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