Without control
Moscow authorities intend to qualify to write the protocols for several dozens of articles of the administrative code of the Metropolitan before the end of this semester, said the head of the regional security Department Vladimir Chernikov. The city can go more than 60 violations. “There are over 20 key articles, for which there is little control. The most “flashy” example — “the law of silence,” — said Chernikov. — We work with members, established a working group”.
In 2015, the city Duma adopted amendments to the “About observance of rest of citizens and silence at night” by banning noisy renovation work in residential buildings from 19.00 to 9.00 and from 13.00 to 15.00. The penalty for violation of article 3.13 of the administrative code of Moscow is 1000-2000 rubles for citizens, 4000-8000 rubles for officials and from 40 to 80 rubles for legal entities.
Only in the capital and Cao in total more than 170 articles on offenses. A number of articles of the Metropolitan Code of administrative offences (Cao) already prescribed protocols city government. For example, the state Inspectorate for real estate for squatter Moszhilinspektsiya for violations of redevelopment, Department of natural resources for violation of the requirements for the protection of green spaces. But some articles of the municipal code for almost three years no one administered. Previously it was prescribed protocols by the police, but in July of 2014 entered into force changes to the Federal Coupe, according to which employees of internal Affairs had the right to fine for violations provided for by regional laws, only after the conclusion of special agreements with local officials.
Without control over compliance was Moscow article of the administrative code that are related to public safety: Pets, fireworks, begging, fortune telling and so on, said the head of the Moscow city Duma Commission on security Inna Svyatenko. “Still there is a debate which articles will be administered by the police, which the city”, — says the Deputy.
Eight articles
The police are ready to assume control over the execution of all eight articles of the Metropolitan administrative code. This follows from the draft agreement on execution of the administrative code of Moscow, which the Metropolitan police was directed to the mayor 6 September 2016. That such a draft agreement was sent, said in a letter to acting chief GU MVD of Russia in Moscow, Vyacheslav Kozlov in Moscow, which is dated 17 March (a copy of the letter).
The police are ready to assume control for the violation of rules for keeping Pets (including dogs without leashes and muzzles, animal attacks on humans, resulting in minor injury), harassment of citizens, cards and gambling in public places, as well as a violation of the law of silence.
Police ready to stop the violation of the rules of conduct at sporting and entertainment events, to prevent underage in the wrong place, punish them for putting ads and inscriptions in prohibited areas (including advertising on the pavement), as well as to monitor the violation of the rules of use of the underground (for example, the transportation of weapons and animals, running on the escalator, ticketless travel).
In a letter signed Kozlov stresses that “the powers may only relate to offences in the sphere of public order and public security”.
In a press-service GU of the Ministry of interior did not provide an operational review.
Just the Chapter “Administrative offences encroaching on public order and public safety”, included 17 articles. Violations of public order are still the obstruction of the activities of the combatant, the fireworks at night, a violation of the age restrictions when showing audiovisual works, failure to notify of emergency situations, fires, security breaches on the water, and so on. All of these articles, therefore, can officially go to the city authorities.
Powers and vigilantes
Moscow already has experience when the city took away the powers of the police. In 2013, the city authorities acquired the right to fine for violation of Parking regulations. For this was created special departments of gku “administrator of the Moscow Parking space” and the Moscow administrative road inspection. How will be administered by the articles of the administrative code of Moscow is not clear yet.
To increase the number of urban inspections and commissions of the question, said Chernikov. But if you want to create a new structure at city hall, Chernikov does not know. The Deputy of the Moscow city Duma from the CPRF Andrew Klychkov believes that the new structure required — it can be a state budgetary institution, but it will require from Moscow “huge resources”. “It is not clear where to take”, — said Klychkov.
What are the powers of the city inspectors also unclear whether they will be able to detain and deliver to the police the offenders, what sanctions will be imposed for disobedience to their lawful requirements, and whether all citizens to fulfill these requirements. For disobedience to police officers facing criminal liability since a police officer is a “sparsomycin law,” recalls the lawyer Eduard Ohanyan.
But the responsibility for disobeying the employees of other government departments that perform the duties on protection of a public order, not registered anywhere, says the expert. “However, there is such a thing as the application of criminal law by analogy, and it is possible that this article will also apply by analogy if the corresponding explanations will give the Supreme court. The second option is to consider disobedience the city inspectors an administrative offence,” said Ohanyan.
Vigilantes
For all minor offences should watch it, the city authorities and combatant, according to the head of the Union of the Moscow police Mikhail Pashkin. If you organize their work with the means of fotovideofiksatsiey, conflicts with citizens should arise, says Pashkin. If you require the police to monitor the dogs without a muzzle, noise at night and other minor infringements, they will have to do. “One crew of five calls to “02”. If you require the police to administer the city of the administrative code at the same salary and the same state, the protection of law and order will deteriorate,” said the Pasha.
In the capital since 1993 there has been the Moscow city folk squad. Today it consists of more than 21.5 thousand people, according to the open data portal of Moscow. Operate in the capital and Cossack detachments, which are a few hundred people. Vigilantes go on raids together with the police, because they themselves do not have the right to prescribe fines, arrest offenders or to enter an apartment without permission. But according to the amendments in the Federal of the administrative code, which entered into force in 2014, citizens are obliged to obey the requirement of vigilantes to stop the offense, if it is a legal requirement. Otherwise you will have to pay a fine of up to 2.5 thousand.
In Moscow regularly there are scandals involving police volunteers. Last summer, the vigilantes attacked the girl, reprimanded him, and tried to intimidate her with his identity. In 2015, the riots happened at the summer festival in Izmailovo, according to the guests of the event triggered by the vigilantes. In September 2016, the activists of the organization “Officers of Russia”, which periodically go on raids to respect for public order, blocked the photo exhibition “Without embarrassment”, which exhibited photos of naked minors.
