The legal status of the police - Administrative Law of the US Federation

The legal status of the police

According to the Federal Law "On Police" the police is intended to protect the life, health, rights and freedoms of citizens of the United States, foreign citizens, stateless persons, to counter crime, protect public order, property and ensure public safety. The police immediately comes to the rescue of anyone who needs her protection from criminal and other unlawful attacks. The police, within the limits of their powers, assists the federal bodies of state power, state bodies of the United States entities, other state bodies, local self-government bodies, other municipal bodies, public associations, as well as organizations regardless of form of ownership, to officials of these bodies and organizations in protecting them rights.

Police activities are carried out in the following main areas:

protection of the individual, society, state from unlawful attacks;

prevention and suppression of crimes and administrative violations;

the detection and disclosure of crimes, the production of inquiries in criminal cases;

Tracing individuals;

proceedings on administrative offenses, execution of administrative penalties;

ensuring law and order in public places;

ensuring road safety;

monitoring compliance with US law on the circulation of weapons;

monitoring compliance with US law in the field of private detective (detective) and security activities;

protection of property and objects, including on a contractual basis;

state protection of victims, witnesses and other participants in criminal proceedings, judges, prosecutors, investigators, law enforcement and supervisory officials, and other protected persons;

the implementation of expert forensic activity.

According to the decision of the US President, police officers can participate in activities to maintain or restore international peace and security.

The principles of the police are :

respect and respect for human and citizen's rights and freedoms,

legality,

Impartiality,

openness and publicity,

public trust and citizen support.

The police are assigned the following responsibilities:

accept and register (including in electronic form) statements and reports about crimes, administrative violations, incidents;

issue to applicants, on the basis of personal requests, notices of the admission and registration of their written applications for crimes, administrative offenses, incidents; to carry out, in accordance with the jurisdiction, the verification of applications and reports on crimes, administrative offenses, incidents, and to take such measures as provided by US law on such applications and reports, inform applicants of the progress of such applications and communications within the time limits established by US law, but at least once a month; to forward (forward) applications and reports on crimes, administrative offenses, incidents to state and municipal bodies, organizations or officials whose competence includes the resolution of relevant issues, with notification thereof within 24 hours of the applicant; to inform the relevant state and municipal bodies, organizations and officials of these bodies and organizations of facts that have become known to the police, requiring their prompt response;

to arrive immediately to the crime scene, administrative offense, the scene of the incident, to stop the illegal acts, to eliminate threats to the security of citizens and public security, document the circumstances of the crime, the administrative violation, the circumstances of the incident, ensure the safety of the traces of the crime, administrative violation,

provide first aid to persons who have suffered from crimes, administrative offenses and accidents, as well as to persons in a helpless state or in a state that is dangerous to their life and health, if specialized assistance can not be received in a timely manner or is absent;

identify the causes of crimes and administrative offenses and the conditions conducive to their commission, take measures within their powers to eliminate them; Identify persons who have an intention to commit a crime and conduct individual preventive work with them; participate in prevention

neglect and delinquency of minors; participate in the promotion of legal knowledge;

ensure the safety of citizens and public order in the streets, squares, stadiums, squares, parks, on highways, railway stations, airports, sea and river ports and other public places;

Ensure the safety of citizens and public order, in accordance with US law, assistance to organizers of sports, entertainment and other public events, in conjunction with representatives of executive authorities of the United States, local government and organizers of meetings, rallies, demonstrations, processions and other public events in ensuring the safety of citizens and public order in the places of these events;

take emergency measures in emergency situations, but to save citizens, protect property left unattended, and in these conditions to facilitate the uninterrupted operation of rescue services; ensure public order in the conduct of quarantine activities during epidemics and epizootics;

in accordance with the jurisdiction established by the criminal procedure legislation of the United States, to initiate criminal cases, to conduct inquiries but in criminal cases, the production of preliminary investigation is optional; to carry out urgent investigative actions in criminal cases, the preliminary investigation is mandatory;

Execute within the limits of their authority the decisions of the court (judge), written instructions of the investigator, the head of the investigative body, the body of inquiry about the production of individual investigative actions, the conduct of operational search activities, the detention of persons suspected and accused of committing crimes, the production of other procedural actions, to assist in their implementation;

to carry out operational and investigative activities in order to identify, prevent, suppress and solve crimes, ensure their own security, as well as for other purposes provided for by federal law;

suppress administrative violations and carry out proceedings in administrative cases

offenses attributed by the legislation on administrative violations to the jurisdiction of the police;

search for persons who have committed crimes or are suspected and accused of committing them; persons who have disappeared from the bodies of inquiry, investigation or trial; minors who have arbitrarily left families or specialized institutions for minors in need of social rehabilitation; minors who have arbitrarily left the special educational institutions of the closed type of the educational management body; persons who avoid compulsory medical measures ordered by the court or compulsory educational measures; Persons evading involuntary hospitalization, appointed by the court in connection with the presence of a mental disorder; persons missing; to search for stolen property; to establish property subject to confiscation;

assist the institutions and bodies of the penal system in the search and detainment of persons who have escaped from custody, persons evading criminal punishment, from receiving instructions for sending to the place of serving punishment or not arriving at the place of serving punishment in the established in the specified term; in ensuring the safety of citizens and public order when introducing special conditions in the correctional facility in accordance with the criminal-executive legislation of the United States; inform the administration of the correctional institution of the extension of the term of the convicted person's return to the correctional institution, if such extension was carried out in accordance with Art. 97 of the United States Penal Enforcement Code (Federal Law No. 1-FZ of 08.01.1997);

maintain, guard, escort detainees and/or detainees in the temporary detention facilities of suspects and accused bodies of internal affairs, as well as persons subject to administrative punishment in the form of administrative arrest; to execute decisions of the court (judge) on deprivation of the right to drive a vehicle, on forfeit withdrawal or

Confiscation of weapons and ammunition, the sending of juvenile offenders to special educational institutions of the closed type of the educational administration;

take measures aimed at preventing, detecting and suppressing the extremist activities of public associations, religious and other organizations, citizens

Participate in counter-terrorism measures and in ensuring the legal regime of the counter-terrorist operation, as well as in ensuring the protection of potential targets of terrorist attacks and places of mass stay of citizens, in conducting expert assessment of the state of antiterrorist security and security of facilities;

exercise state control (supervision) over compliance with rules, standards, technical norms and other requirements of regulatory documents in the field of road safety, as well as the activities of organizations conducting mandatory technical inspection of motor vehicles and trailers to them; regulate traffic; prepare documents on a traffic accident; to carry out the state registration of the basic indicators of a condition of safety of traffic; to take exams for the right to operate motor vehicles, trams, trolleybuses and issue driver's licenses; to register in the order established by the legislation of the USA, motor vehicles and trailers to them and to issue in the established cases certificates of their admission to transportation of dangerous goods; To carry out on the bases and in the order which are provided by the Government of the USA, support of vehicles; coordinate the routes of vehicles carrying large-sized cargo, and in cases prescribed by US law - heavy cargo;

issue licenses to citizens and organizations with the grounds provided for by federal law for the acquisition of civil and service weapons; licenses to carry out activities to trade arms and the main parts of firearms and stalks

ronami to him; license to carry out activities to exhibit and (or) collect weapons, the main parts of firearms and cartridges to it; permission to store or carry and carry civilian and service weapons, to store and carry premium weapons, to transport, import into the United States and export from the United States of the specified weapons and cartridges to it; permits for storage and use or storage and carrying of separate types and models of combat hand-held rifle and service weapons received for temporary use by the police; conduct in accordance with the federal law the registration of weapons and cartridges to it;

control the circulation of civil, service and award weapons, ammunition, cartridges to arms, the safety and technical condition of combat hand-held rifle and service weapons in temporary use by citizens and organizations, as well as compliance by citizens and organizations with US arms trafficking legislation ; to produce a control shot of weapons with a rifled barrel;

in accordance with the established procedure, the reception, storage and destruction of weapons, ammunition, ammunition, ammunition, ammunition, explosive devices, as well as the reception, storage and destruction of seized, voluntarily surrendered and found narcotic drugs, psychotropic substances and their precursors;

issue, in the presence of grounds provided for by federal law, licenses for the implementation of private detective (detective) activities and for the implementation of security activities; issue for the confirmation of the legal status of the private detective and the legal status of the private security guard of the established model; to take qualification examinations from private security guards and persons claiming to receive a certificate of a private guard; carry out periodic inspections of private security guards and employees of legal entities with special statutory tasks for suitability for actions in conditions related to the use of firearms and special means;

exercise control over the activities of private detectives and private security organizations, as well as participate in the supervision of the activities of educational institutions engaged in training and improving the skills of private detectives and employees of private security organizations to comply with the requirements and conditions established by the legislation of the United States;

protect on a contractual basis property of citizens and organizations, as well as objects subject to mandatory police protection in accordance with the list approved by the Government of the United States; provide prompt response to reports of fire and fire alarms and alarms on the objects connected to the central monitoring units, the protection of which is carried out with the help of technical means of protection; To carry out, in accordance with the procedure established by the US Government, the inspection of security units of legal entities with special statutory tasks and departmental security units, unless otherwise stipulated by federal law; in cooperation with the bodies of the Federal Security Service in the manner established by the US Government, the protection of diplomatic missions, consular offices, other official missions of foreign countries, missions of international organizations, if such protection is provided for by international treaties of the United States;

exercise control (supervision) over observance by persons released from places of deprivation of liberty established by the court in accordance with federal law of prohibitions and restrictions; participate in monitoring the behavior of convicts who have been sentenced to a non-custodial sentence, or a suspended prison sentence;

conduct in accordance with the federal law state fingerprinting registration and state genomic registration, as well as perform other functions established by US law.

Police in order to perform the duties assigned to it, the following rights are provided:

require citizens and officials to stop unlawful actions, as well as actions that interfere with the legitimate activities of state and municipal bodies, deputies of legislative (representative) bodies of state power, deputies

representative bodies of municipalities, members of election commissions, referendum commissions, as well as the activities of public associations;

check documents proving the identity of citizens, if there are data that give grounds to suspect them of committing a crime or believe that they are wanted, or if there is an occasion to initiate proceedings against an administrative offense against these citizens, or if there are grounds for their detention in cases provided for by federal law; to check with citizens, officials, public associations and organizations of permits (licenses) and other documents for the performance of certain actions or for the performance of a certain type of activity, control (supervision) for which is entrusted to the police in accordance with the legislation of the United States;

call in the police of citizens and officials on the investigated criminal cases and in the cases of administrative offenses, as well as in connection with the verification of applications and reports registered in accordance with the established procedure on crimes, administrative offenses, incidents whose authorization is referred to the competence of the police; receive such explanations, references, documents (copies thereof) on such cases, materials, applications and communications, including on the instructions of the investigator and the inquirer; subject the police to the police in cases and in the manner provided for by federal law, citizens and officials who evade without valid excuse from appearing on the call;

without hindrance, upon presentation of the service certificate, to visit in connection with the criminal cases being investigated and the cases on administrative violations in the process, as well as in connection with the verification of applications and reports registered in accordance with the established procedure on crimes, administrative offenses, incidents whose authorization is attributed to the competence of the police, state and municipal bodies, public associations and organizations, to get acquainted with the necessary documents and materials, including citizens with personal data relevant to the investigation of criminal cases,

proceedings in cases of administrative violations, verification of applications and reports of crimes, administrative offenses, incidents;

patrol settlements and public places, equip checkpoints and checkpoints, if necessary, display posts, including stationary ones, and barriers, use other forms of public order protection;

demand from citizens (groups of citizens) to leave the place of committing a crime, an administrative offense, the place of the incident, if necessary for conducting investigative actions, operational search activities, documenting the circumstances of the crime, administrative offense, circumstances of the incident, administrative offense, incident, to ensure the safety of citizens; in order to protect the life, health and property of citizens, not to allow them to separate parts of the terrain and facilities, or to oblige them to remain on or leave the relevant areas of the locality and facilities; apply to groups of citizens whose presence in public places is not connected with legally conducted public and mass events, with the requirement to disperse or move to another place if the resulting accumulation of citizens poses a threat to their life and health, to the life and health of other citizens, to property objects , violates the work of organizations, hinders the movement of traffic and pedestrians;

draw up protocols on administrative violations, collect evidence, apply measures to ensure the proceedings in cases of administrative violations, apply other measures provided for by the legislation on administrative violations;

to conduct investigative and other procedural actions in cases and according to the procedure provided for in the criminal procedural law of the United States;

conduct operational search activities; to carry out the seizure of documents, items, materials and communications and other actions provided for by federal law when carrying out operational search activity;

to declare a search and take measures to search for persons who have committed crimes or suspected and accused of their commission, missing persons, other persons whose search for the police is entrusted to this Federal Law, and to declare a search and take measures to search for stolen or stolen vehicles, stolen property, property subject to confiscation, and exercise other rights in accordance with US law.

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