The other day the whole of Russia was surprised by the response of the press service of Regardie (Federal service of national guard troops of the Russian Federation) the regional edition of “Proveditor”. It turned out that resguardar, unlike the police of the interior Ministry, sort of have the right not to be presented to the citizens at verification of documents, and can also ask the citizen smartphone or phone to familiarize yourself with its contents.
It all started with the fact that a former employee of the publication “Provladimir” Kirill Vasilyev was stopped in the street by roshanali. They asked him to show documents and smartphone in which they were interested in more than just installed there the app “Telegram” or not.
In the end, Cyril was released, but the situation itself with the powers of the staff of Regardie could not fail to interest the public. After all, the Federal service of national guard troops it is by no means ex-Interior Ministry troops, and an independent power structure, which claims all the authority and all important role in ensuring national security and maintaining public order.
Peter wanted to throw drugs
Just in these days when the country is discussing the powers of asguardian and compares them with the powers of police in St. Petersburg detained two employees of the private security St. Petersburg Regardie. — 26-year-old Nikita Lawrence and 29-year-old Alexander Boykov suspected that they planted the drugs 16-year-old schoolboy. 16 July 2019, resguardar stopped the young man then allegedly discovered he had drugs and asked to pay off a decent amount of 300 thousand rubles.
The student gave resguardar available to it for the money, and the remaining amount promised to bring to the rendezvous. But instead, the young man called “112”. At the appointed place asguardian was waiting for the staff of Department of fight against economic crimes and counteraction of corruption. The whole country saw footage of the video recording the arrest, which “bepovtsami” searched the two young men in uniform. In relation to detainees initiated criminal proceedings under part 5 of article 290 of the criminal code (bribery group in the performance with extortion in the large size).
Resguardar save people and maintain order
Of course, corrupt and “werewolves in shoulder straps” is any Agency, even as recent detention of the FSB, the most elite special forces. To the credit of the officers TSUNG, the vast majority of which we believe are honest and law-abiding servicemen, it is worth noting that the good deeds they accomplished much more. And criminals are caught, and people in different difficult situations help. For example, in Bryansk the crew of Regardie saved a citizen from a reckless act — the man was going to commit suicide by jumping off a bridge. In Crimea during a storm only in the district of Gurzuf resguardar rescued 23 people, including children.
But now it’s not about feats and not even about the crimes and about the rights and responsibilities of both Russians and asguardian. Their duties we know not to resist the authorities to fulfil their legal requirements. How are things going with the duties of the employees of Regardie against citizens? After all, they serve for the protection of public order, that is, in fact perform the same functions as police officers. They work with the population and so their requirements should be higher — the same as police officers. Service Regardie should not become the indulgence for bad things. If Regardie have the right to inspect the documents to inspect citizens, in fact, and the duties they should be the same as those same police patrol?
They are entitled to as employees of Regardie: says lawyer
About what in reality are the rights of employees TSUNG, “Free press” asked the lawyer Ilya Raiser.
“SP”: — whether the employees of Regardie are not required to be presented in contrast to the police?
— Yes, in the law on the Federal service of national guard troops of the Russian Federation (Federal law of 3 July 2016 N 226-FZ “About the army national guard of the Russian Federation”) does not stipulate that members of Regardie will have to be submitted to citizens. But there, in paragraph 3 of article 10 stipulates that a soldier of Regardie is obliged to inform the detained citizen of the grounds for detention. And hold employee Regardie has the right within strictly defined by law. For example, if a person is suspected of committing a crime, or is wanted, or violates the rules of the curfew. There is one caveat — in Regardie, as we know, there are soldiers — is a former Interior Ministry troops, and there employees are private security and other agencies, transferred to TSUNG from the interior Ministry. So the employees of Regardie are a special rank of police, “police major”, “Sergeant of police”. That’s the question, why are they in this case is not covered by the law on the police? But if it’s not the police, why do they have police spezzani?
“SP”: — What are the consequences in practice this is fraught, as it may violate the rights of citizens?
— The rights of citizens violated by the fact of violations during the arrest or even checking the documents. Regardie — structure the military, and hence much more closed than the police. But if this structure has the authority to work “on the street” with the civilian population, it needs to have greater transparency in their actions. Moreover, if there is no war or emergency, what were the grounds from the military TSUNG to check the documents of citizens are still not appearing.
“SP”: — whether contrary to the Constitution of the Russian Federation the requirement to produce your smart phone and examine its contents? It’s private life.
— Yes, it is a violation of privacy. What is a smartphone? There is stored the different information — for example, correspondence of a personal nature, including between spouses, fiance and fiancee, lovers. You can store some photos. And of course, that if the person did not break anything, no reason to suspect him of committing a crime, then there is no moral or legal right to study the files on his smartphone.
“SP”: — whether any changes in legislation to overcome this situation?
— Of course. First of all, it is necessary to harmonize laws on TSUNG and the police. If employees FSWG work “on the street” and perform police functions, that is, protect public order, patrol, checking documents, then the requirements must be made the same as the police. The only way to protect civil rights and freedoms.
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