Features of the Application of Measures of Public Coercion in Relation to Persons With Special Legal Status

In the Russian Federation, there are categories of public and civil service positions that provide officials with certain legal immunities. These immunities protect their bearers from interference in their activities by external authorities. The President of the Russian Federation, members of the Federation Council, deputies of the State Duma, and judges are protected on the basis of the Constitution of the Russian Federation. Federal laws grant immunities to a significantly larger number of government officials and public servants. These include: the Commissioner for Human Rights in the Russian Federation, the President of the Russian Federation, who has terminated his powers, jurors, arbitrators, the Chair of the Court of Accounts, the Deputy Chair of the Court of Auditors, the auditors of the Accounts Chamber, prosecutors, the Investigative Committee staff, legislative (representative) deputies of the government bodies of the constituent entities of the Russian Federation, deputies, members of elected local government bodies, elected local government officials, registered candidates for the representative bodies of local self-government, and elected officials of local self-government in the Russian Federation. Separate elements of such protection are provided for certain categories of officials who are on duty: employees of the Federal Security Service of Russia, the Federal Guard Service of Russia, Rosgvardiya. The declared special procedure for detention (or its prohibition), bringing, record, search, etc., as well as the special procedure for bringing to administrative and criminal liability, is either absent at all or is incomplete, fragmented, and specific, without any reason, for each of the listed categories of persons. The obligation of the police to immediately release an these persons without any proceedings, explanations, or searches entails serious adverse and, most importantly, irreparable consequences. Particular attention should be paid to departmental rulemaking. The by-law must not be contrary to the law. Nevertheless, some administrative regulations, approved by orders of federal ministers, restrict the rights granted by laws. It is proposed to develop a unified procedure for special conditions for the application of coercive measures and administrative responsibility to these persons and its inclusion in the form of an independent chapter in the new code on administrative offenses. Based on a study of foreign legislation, the idea is expressed that it is undesirable to preserve the institution of immunity in Russian legislation, and it should be abolished for most entities.

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