Operational environment: concept and characteristics. Activities of the internal affairs bodies

Case No. 76 Copy

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Bryansk garrison military court consisting of:

presiding - Judge Zaitseva N.Yu., with the secretary Gulina O.V., with the participation of the applicant M.P. Krylovsky, his representative M.A. Kamyshnikov, representatives of the head<данные изъяты> – <данные изъяты>A.V. Ponasenko and<данные изъяты>Kibalchich A.A., assistant to the military prosecutor of the Bryansk garrison<данные изъяты>Isachenko V.N., having examined in open court a civil case at the request of a former serviceman under a contract<данные изъяты>Krylovsky M.P. on challenging the actions and decisions of the chief<данные изъяты>connected with illegal dismissal from military service, -

installed:

Krylovsky went to court with a statement challenging the actions of the chief<данные изъяты>related to his illegal dismissal from military service.

Believing his rights violated, the applicant asks the court to cancel the order of the chief<данные изъяты>to dismiss him from military service and restore him to the lists of personnel<данные изъяты>in a previously held position.

At the hearing the applicant and his representative Kamyshnikov supported the stated demands and insisted on their satisfaction in full. At the same time, the applicant confirmed that the full settlement of the monetary and clothing allowance had been made with him.

In support of his position, the applicant's representative pointed out that the terms of the contract had not been violated by Krylovsky. For a disciplinary offense, expressed in violation of Articles 19, 34 and 43 of the Charter of the Internal Service of the Armed Forces of the Russian Federation, he was already severely reprimanded, for the same offense he did not have the right to be disciplined a second time in the form of dismissal from military service in connection with failure to comply terms of the contract.

Also, according to Kamyshnikov, in relation to the applicant, the attestation procedure provided for in Article 26 of the Regulations on the procedure for military service was violated, since he was initially prepared for dismissal due to his refusal to perform military service in regions with a difficult operational situation in the absence of other reasons that could serve as the basis for his early dismissal from military service.

At the same time, according to the applicant's representative, the procedure for transferring servicemen to a new place of military service established by Article 15 of the Regulations on the Procedure for Performing Military Service was violated.

Chief Representatives<данные изъяты>Ponasenko and Kibalchich, at the hearing, did not recognize the applicant's claims and, believing the actions of the military official they represented to be lawful, asked the court to reject Krylovsky's application.

Further, the representatives, complementing each other, explained that the dismissal procedure in accordance with the current legislation of the Russian Federation was observed, and the dismissal was made not as part of the implementation of a disciplinary sanction, but in connection with the applicant's failure to comply with the terms of the contract, expressed in a systematic violation of military discipline (he had been repeatedly involved to disciplinary liability) and the presence of an unreleased disciplinary sanction "severe reprimand".

Also, the representative of Ponasenko pointed out that the applicant's refusal to undergo military service in regions with a difficult operational situation testifies to Krylovsky's unfair performance of his duties and is a violation of Article 9 of the Code of Ethics and Official Conduct of Employees<данные изъяты>prescribing<данные изъяты>be ready to move for further military service to other regions, including those with a difficult operational situation.

Having heard the explanations of the parties, as well as the conclusion of the prosecutor, who considered the applicant's claims not subject to satisfaction, having examined the evidence presented, the military court finds no grounds to satisfy Krylovsky's application.

At the hearing, it was established that Krylovsky did military service<данные изъяты>

According to the order of the chief<данные изъяты>No.-ls from DD.MM.YYYY Krylovsky was dismissed from military service in the reserve due to non-fulfillment of the terms of the contract (subparagraph "c" of paragraph 2 of Article 51 of the Federal Law "On conscription and military service") and excluded from the lists of personnel<данные изъяты>with DD.MM.YYYY.

In accordance with subparagraph "c" of paragraph 2 of Article 51 of the Federal Law "On Military Duty and Military Service", a soldier who is doing military service under a contract may be early dismissed from military service due to his failure to fulfill the terms of the contract.

As follows from the military service contract, Krylovsky assumed the obligation to conscientiously fulfill all general, official and special duties of military personnel established by legislative and other regulatory legal acts of the Russian Federation.

Based on the requirements of Article 26 of the Federal Law on the Status of Servicemen ", servicemen are obliged to strictly observe the Constitution and laws of the Russian Federation, the requirements of general military regulations, unquestioningly obey orders of commanders, and the provisions of Article 16 of the Charter of the Internal Service of the RF Armed Forces oblige a serviceman to be disciplined.

According to an extract from the order of the Acting Chief<данные изъяты>from DD.MM.YYYY No.-ls on the basis of the proceedings from DD.MM.YYYY Krylovsky was given a "severe reprimand" for a misdemeanor committed in violation of Articles 19, 34 and 43 of the Charter of the Internal Service of the RF Armed Forces.

A copy of the conclusion on the results of the inspection and proceedings on the fact of an accident with the participation of warrant officer Yurchenko AND.The. from DD.MM.YYYY it is confirmed that Krylovsky as part of a group of military personnel<данные изъяты>committed a misdemeanor, expressed in violation of the chief's prohibition on drinking alcoholic beverages, as a result of which an accident was committed, resulting in the death of a person.

In accordance with an extract from the minutes No. 2 of the meeting of the certification commission<данные изъяты>from DD.MM.YYYY, held with the participation of the applicant on the issue of his early dismissal from military service, Krylovsky does not meet the requirements for official conduct, performs general, official and special duties in bad faith, and also refuses to do military service in regions with complex operational the situation, in this connection, it is advisable to apply for his dismissal from military service to the reserve on the grounds provided for by subparagraph "c" of paragraph 2 of Article 51 of the Federal Law "On Military Duty and Military Service" (in connection with the failure of the soldier to fulfill the terms of the contract).

As follows from the explanation of the representative<данные изъяты>Ponasenko, this decision was made by the commission after a comprehensive and complete study of the applicant's official activities, as well as characterizing documents, including his service card, which shows that he was repeatedly brought to disciplinary responsibility in the period from 2009 to 2011.

From the conclusion on non-fulfillment of the terms of the contract by Krylovsky dated March 15, 2012, it follows that during his military service he has established himself as follows: lacks professional knowledge, performs his general, official and special duties in bad faith, is undisciplined, has an unreleased disciplinary penalty in the form of “ severe reprimand ", and also refuses to do military service in regions with a difficult operational situation.

Thus, it is clear that the boss<данные изъяты>when carrying out activities preceding Krylovsky's dismissal from military service, all the requirements of Article 34 of the Regulations on the Procedure for Performing Military Service have been met. The officials analyzed the official activity and attitude to the military duty of the applicant, there was no reason to doubt the validity of the actions of the officials in relation to Krylovsky when he was dismissed from military service.

Based on the foregoing, the military court comes to the conclusion that the command, which was authorized by law to evaluate the performance of subordinates, had sufficient grounds for dismissing Krylovsky from military service in connection with his failure to comply with the terms of the military service contract and, as a result, the legality of the order of the chief contested by the applicant<данные изъяты>on early dismissal on the specified basis.

Coming to this conclusion, the court takes into account the fact that the applicant has not lifted a disciplinary sanction, the negative characteristics of his official activities by officials<данные изъяты>taking into account previous violations of military discipline, as well as his failure to comply with Article 9 of the Code of Ethics and Service Conduct<данные изъяты>, which instructs these employees to be ready to move for further military service in other regions, including those with a difficult operational situation. As follows from Chapter 4 of this Code, violation by employees of its provisions is subject to consideration, including at meetings of certification commissions. The fact that the applicant was familiar with the Code is not contested by him and is confirmed by an extract from the minutes No. 2 of the meeting of the attestation commission of the Department.

At the same time, since the transfer of Krylovsky to a new duty station with a difficult operational situation was not carried out in accordance with the established procedure, his disagreement with such a transfer cannot be recognized by the court as his failure to comply with the terms of the contract, but this circumstance does not affect the above conclusion of the court on the legality of the applicant's dismissal under the grounds contested by him.

Since the court established the fact of Krylovsky's dismissal from military service not by way of disciplinary sanction, but in accordance with the Federal Law "On Military Duty and Military Service", the arguments of the applicant's representative to the contrary are untenable.

In addition, in accordance with clause 13 of article 34 of the Regulations on the procedure for performing military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237, giving an opinion to the certification commission for dismissal from military service on the basis provided for in subparagraph "c" of the Law "On Military Duty and Military Service" (due to the failure of a soldier to comply with the terms of the contract) is not a prerequisite preceding the dismissal of a soldier from military service on the named grounds.

The arguments set out in the statement that a full settlement was not made with the applicant also did not find confirmation in the court session, on the contrary, they are refuted by the certificate of 04 May 2012 No. 192 and the explanations of Krylovsky.

Other grounds for the unlawfulness of the dismissal and exclusion of the applicant from the lists of personnel<данные изъяты>was not presented to the court.

Based on the above, guided by art. Art. 194, 196-199 and 258 Code of Civil Procedure of the Russian Federation, military court

decided:

In satisfaction of the statement of M.P. Krylovsky. on challenging actions and decisions<данные изъяты>related to his illegal dismissal from military service - refuse.

The decision can be appealed to the Moscow District Military Court through the Bryansk Garrison Military Court within a month from the date of the final decision of the court.

The presiding judge in the case N.Yu. Zaitseva

The secretary of the court session O.V. Gulina

In the course of the development and implementation of decisions related to general or special areas of work of the internal affairs bodies, as well as in the analysis of the results of the activities of bodies in general or in the line of specific services, the concept of "operational situation" is often used. While it seems obvious, the question of explaining this term is fraught with certain difficulties. Let us consider further what the operational environment is.

Terminology problem

The difficulty in clarifying the definition is primarily due to the lack of legal interpretation. This is because the term "operational environment" refers primarily to management activities. In addition, there are several approaches to interpretation on the part of representatives of science and practical workers. The most common, however, is the criminological approach. According to him, the key element is crime in its various manifestations.

Operational environment: definitions

As mentioned above, in science and in practice, there are several approaches to explaining the term. So, according to V. D. Malkov, the operational situation is associated with changes in the socio-demographic characteristics of the population, the structure and dynamics of crime, as well as the subject composition of the acts. G. A. Tumanov expresses the opposite point of view regarding the content of the term under consideration. In his opinion, the definition depends on the conditions and factors of the external environment. Tumanov considers it to be all social systems that are not covered by the Ministry of Internal Affairs.

He refers to them as economic-geographical, climatic, socio-demographic and other factors. At the same time, crime acts as one of the components of the external environment. It is viewed as a specific system. G. G. Zuikov believes that the operational situation gives an idea of ​​the information content of the work of the Department of Internal Affairs. It reflects crime rates, environmental conditions and public order. According to Zuikov, the assessment of the operational situation is carried out on the basis of information about the committed acts, the circle of persons falling into the sphere of powers of law enforcement agencies, as well as about the conditions and reasons for illegal actions.

conclusions

When comparing the above interpretations, it can be noted that the definition given by Malkov is too narrow in content. With this approach, it is impossible to get a complete picture of the state of the operational environment. In this case, one can only state the prevailing level of crime. At the same time, the likelihood of taking proactive measures seems to be rather low. The definition provides an abstract analysis of the phenomenon of crime. In the course of it, the factors that determine it and associated with it are not taken into account.

Tumanov's approach seems to be more correct. Nevertheless, it does not clearly define external factors that are of significant importance. At the same time, Tumanov does not raise the issue of the need to take into account administrative violations. He points out that they can be viewed as a component of the operational environment. This approach not only deprives the definition of clarity, but also significantly complicates the practice of its application. The most meaningful is Zuikov's interpretation. But the description of external conditions in it also requires correction. First of all, it is necessary to concretize social and economic factors.

Additionally

In management theory, there is also a different approach to the concept of the operational environment. In accordance with it, the phenomenon under consideration is presented as a system that consists of two structured subsystems. They are the external environment in which the Ministry of the Interior and its subdivisions operate. The second subsystem is the law enforcement body itself, which functions within its competence. The indicators characterizing the external environment are socio-political, economic, ideological, demographic, national, geographic and other factors. As for the law enforcement agency, which acts as a relatively isolated subsystem, the circle of signs is outlined by its means and forces. Common to both components is the indicator of crime and other violations of law and order.

Clarifications

All the above interpretations characterize the essence of the operational situation with a certain level of reliability. However, at the same time, there is a significant drawback that can be traced in them. It is associated with an underestimation of the significance of the entire complex of factors that determine the operational situation. If we talk about a comprehensive analysis, the above authors take into account only the level and results of the fight against criminal manifestations. In this case, we are not talking about a system, but only about a phenomenon that does not represent any practical significance.

Crime level

The allocation of this indicator as the only or priority in the analysis of the operational situation makes it possible to assess the work of the predominantly criminal police. At the same time, public security bodies are relegated to the background. Their work is only partially analyzed. At the same time, it is the public security organs that are called upon to carry out the protection of law and order. It follows that the definition should include a broad concept of a violation of the law. This will allow the transition from quantitative to qualitative characteristics.

Analysis specifics

Administrative offenses, due to their massiveness, have a significant impact on the crime rate, creating favorable conditions for its increase. If they are not taken into account, a rather complex operational environment can arise. At the same time, law enforcement agencies will not be able to correct the situation in a short time. In addition, they can act as a factor shaping public opinion about the rule of law and the work of the internal affairs bodies in specific regions. Any changes in the indicators that characterize the areas of activity of the criminal police cannot act as the only, let alone objective, justification for the deterioration or improvement of the operational situation. It should not be reduced solely to the level of crime, since along with it, administrative offenses also belong to the objects of organizational and legal regulation.

Systems approach

Using it, you can most fully explain the concept of the operational environment. In accordance with the systematic approach, it represents the level of crime and administrative violations, public safety, law enforcement, expressed by a complex of quantitative and qualitative indicators, as well as associated socio-political, demographic, economic processes, destabilizing or stabilizing factors that are of significant importance. for a specific territory at a given time. The operational environment, in addition, reflects the effectiveness of organizational and legal measures established in the legislation and applied by the police officers in their work.

A common classification of information in the internal affairs bodies is its division into blocks that characterize the operational situation:

On the state of law and order in the republic, territory, region, city, district, i.e. information characterizing the object of direct influence of the internal affairs body;

On the elements of the external environment, i.e. information characterizing the phenomena, factors that have a direct or indirect impact on the state of law and order and the activities of the internal affairs bodies;

On the state of the organization of the internal affairs body, i.e. information characterizing the body as a system designed to solve specific social problems;

On the functioning of the internal affairs body, i.e. information characterizing the effectiveness of solving problems facing the body of internal affairs.

Therefore, under operational environment we understand the external and internal conditions in which the internal affairs bodies carry out the tasks of combating crime, ensuring public order and public safety, i.e. carry out law enforcement and law enforcement functions.

The operational environment is the main object of the analytical activity of the control apparatus, services and subdivisions of the internal affairs bodies and each of the employees.

In a broad sense, the operational environment means a set of conditions, both external and internal, in which the internal affairs bodies carry out the functions of combating crime, protecting public order and ensuring public safety. It is obvious that external and internal conditions are interconnected.

For example:

The economic situation in the country dictates the internal working conditions of employees internal affairs bodies :

- organizational structure, number, qualitative composition of personnel, material and technical equipment of the system, etc .;

The social environment influences the inner world of employees;

Obviously, the internal affairs bodies influence crime, but crime as part of the external environment, in turn, affects the internal affairs bodies.

External and internal conditions are not only interrelated, but also interdependent: for example, the organizational structure of the system of internal affairs bodies, etc., directly depends on the structure of crime.

Despite the interconnection and conditionality of conditions, external ones are decisive, form the basis of management, determine the nature and direction of the activities of internal affairs bodies.

The conditions characterizing the internal affairs bodies that carry out activities to maintain and strengthen the rule of law, in turn, affect the external environment through law enforcement and law enforcement. The external and internal conditions in which the internal affairs bodies carry out their activities are complex and dynamism, therefore, it is advisable to consider the operational environment as a system consisting of many constantly changing elements at (or for) a certain point in time.

The study of the operational situation is carried out on the basis of various information coming from various sources, therefore we can say that the operational situation is “a set of interrelated and interacting external and of the serviced territory, the analysis and assessment of the information model of which is the basis of the targeted impacts of the control apparatus on the system of subordinate bodies and subdivisions of the internal affairs of the constituent entity of the Russian Federation "when solving the problems of law enforcement.

Based on the above, when analyzing the operational situation, it is necessary to study two blocks of factors that determine the state of law and order in the serviced territory: external and internal.

The external factors (conditions), first of all, must include the object of influence of the internal affairs bodies: crime and delinquency; it should also include the conditions of the conceptual (the setting of state authorities, the regulations of the Ministry of Internal Affairs of Russia, defining the goals, objectives, main areas of activity, etc.) and the situational external environment of the functioning of the internal affairs bodies (which includes territorial-administrative, natural-geographical, economic , demographic, spiritual, socio-cultural, national and other features of the territory and population that do not depend on the ATS, affecting the situation in the region as a whole and in the serviced territory in particular).

Internal factors (conditions) characterize the very system of internal affairs bodies - these are the results of activities to combat crime, protect public order and ensure public safety as a whole, the internal affairs body and its individual services and divisions; ATS organizational structure, characteristics of forces and means, their distribution over the territory, staffing level, qualitative composition, workload of employees, technical equipment, etc. Finally, the state of organizational work should also be attributed to internal factors.

Thus, the components of the operational environment are:

Crime;

External environment of functioning (conceptual and situational);

The results of the activities of the internal affairs body;

Characteristics of ATS forces and means;

The state of management work.

The types of operational environments can be classified on various grounds. So, depending on the completeness of the studied information about the factors (conditions) of the functioning of the internal affairs body, it is possible to distinguish a general (complex) and a particular (specialized) operational environment. The general operational situation involves the study of all external and internal conditions in relation to all lines of work of the ATS. A private operational situation is associated with an analysis of individual blocks of the operational situation.

According to the complexity of the operational environment, three types of it can be distinguished: stable, complex, and extreme.

It is possible to qualify the operational situation on a time basis (per day, week, decade, month, quarter, six months, nine months, a year), as well as on a territorial basis.

The study and assessment of the operational situation is an integral part of the management activities of the Ministry of Internal Affairs of Russia, as well as the territorial bodies of internal affairs, during which various types of analyzes are applied.

Arkhangelsk Garrison Military Court (Arkhangelsk Region) - Civil

The essence of the dispute: Complaints about wrong. act. (absent) - officials, state and municipal employees

IN THE NAME OF THE RUSSIAN FEDERATION

Judge of the Arkhangelsk Garrison Military Court Veselovsky S.S., with the secretary L.V. Kudrova, with the participation of V.N.Fominsky, as well as representatives of the official A.E. Eremin. and Evseeva A.I., having considered in an open court hearing in the premises of a military court a civil case at the request of Colonel V.N. Directorates related to bringing him to disciplinary responsibility,

INSTALLED:

Fominsky appealed to the military court with a statement in which he asks to declare illegal the actions of the head of the Directorate related to bringing him to disciplinary liability and oblige the said official to cancel order No. No. dated February 14, 2014 on bringing him to disciplinary liability and remove the imposed disciplinary sanction " severe reprimand ", as well as collect legal costs from the Office, consisting of a state fee in the amount of 200 rubles.

At the hearing, Fominsky explained that he was brought to disciplinary responsibility for failure to provide a list of servicemen doing military service in the Far North regions and subject to planned replacement, as well as for failure to fulfill the plan for replacing servicemen who served the established terms on the territory of the Chechen Republic and the Republic of Dagestan, but not I agree with this order in connection with the incorrect determination of the composition of the disciplinary offense, the severity of the penalty applied and the biased attitude towards him, without taking into account mitigating circumstances, asks to satisfy his demands.

The representative of the official Eremin, acting on the basis of a power of attorney, without recognizing the applicant's demands, explained that in connection with the failure to fulfill the instructions of the Personnel Directorate of the Border Guard Service of the FSB of Russia to carry out a planned replacement of border officials performing military service in the Far North and equivalent areas and who had served the deadline on the territory of the Chechen Republic and the Republic of Dagestan, proceedings were ordered against the head of the personnel department of Fominsky, which was conducted in accordance with the requirements of the law and the Disciplinary Charter of the Armed Forces of the Russian Federation, with the clarification of all the circumstances relevant to this proceedings, order of the head of the Department No. No. dated August 14, 2014 was issued by a proper official, within the limits of the rights and powers granted to him, there are no grounds for its cancellation.

The representative of the official Yevseyev, acting on the basis of a power of attorney, asked to refuse to satisfy the demands.

Having heard the arguments of the persons participating in the case, having examined the evidence in the case materials and presented by the parties, the court comes to the following conclusions.

A copy of the contract confirms that V.N. signed a military service contract until September 24, 2016.

As can be seen from the extracts from the orders of the Deputy Head of the Border Service of the FSB of Russia dated December 19, 2012 No. and dated December 24, 2012 No. No. The Republic and the Republic of Dagestan who have served the established terms of military service in these regions, before February 1, 2013, it is necessary to send proposals for their placement, to select candidates for replacement; activities related to the passage of the military medical commission by servicemen and members of their families, the Volga Federal District, the preparation and direction of their personal affairs to the Directorate to complete by June 1, 2013; the study and approval of the submitted candidates should be completed by July 1, 2013; to complete the use of vacations by the said servicemen by July 1, 2013; the transfer of servicemen to the new places of military service should be completed by September 1, 2013; the personnel department of the FSB of Russia must be informed about the progress of the work on a monthly basis.

So, from the extract from the order of the deputy head of the FSB of Russia No. dated December 19, 2013, it is seen that as of December 15, 2013, employees from the Arkhangelsk PU did not arrive at the FSB PU for the Chechen Republic to replace them (2).

From the extract from the order of the head of the FSB of Russia No. dated January 16, 2014, it is seen that the border department as of January 10, 2014 did not carry out a planned replacement of border officials - the FSB of Russia in the Republic of Dagestan - 3 people (100%). PU of the FSB of Russia in the Chechen Republic - 4 people (66%), the order of the FSB of Russia of December 15, 1999 No. No. was not fulfilled regarding the preparation of a plan for replacing military personnel performing military service under contract in the regions of the Far North and equivalent areas, as well as an instruction was given to conduct an investigation on these facts.

An extract from the plan for replacing (recruiting) servicemen of the Border Directorate of the FSB of Russia for the Arkhangelsk Region of employees who served the deadline in regions with a difficult operational situation for 2013 confirms that one serviceman arrived from the Border Directorate of the FSB of Russia for the Chechen Republic without replacement, replacing four more servicemen (arriving at the Border Directorate of the FSB of Russia in the Chechen Republic from other regions) was not carried out; replacement of servicemen from the Border Directorate of the FSB of Russia in the Republic of Dagestan was not carried out, since one of the candidates was rejected, and another candidate, instead of the assigned serviceman, was not selected, two more candidates were agreed upon after the expiration of the established deadlines - personal files were sent to the Directorate only on August 12 2013, approval was completed on October 14, 2013, servicemen in the Directorate for the Republic of Dagestan did not leave.

As can be seen from the conclusion on the results of the proceedings, approved by the head of the Border Directorate of the FSB of Russia on February 13, 2014, in relation to Colonel V.N. a proceeding was carried out in which circumstances were indicated that mitigate disciplinary liability - the repentance of the soldier and aggravating disciplinary liability - the commission of two disciplinary offenses, for none of which a disciplinary penalty was applied to the soldier, he was familiar with this conclusion, he has no comments.

From the sheet of familiarization with the rights of a serviceman brought to disciplinary responsibility on February 13, 2013, it appears that Fominsky made the acquaintance on the specified date.

Fominsky's explanations of January 26, 2014 confirm that the lists of servicemen doing military service under contract in the Far North and equivalent areas, subject to replacement in 2014, have not been submitted since 2011, there have been no comments on this issue, and since 26 employees The departments to be replaced in 2014 did not apply with the reports on the transfer to the new duty station; therefore, the issue of their further military service was not coordinated.

Fominsky's report dated January 22, 2014 confirms that he admits his guilt for the incomplete fulfillment of the plan to replace the servicemen who served the deadlines on the territory of the Chechen Republic and the Republic of Dagestan, asks, when applying disciplinary punishment, to recognize his prolonged absence from service as a mitigating circumstance.

According to extracts from the orders of the head of the Department of October 3, 2013 No. No., No. No. dated October 31, 2013, No. No. dated November 12, 2013 and No. No. Colonel VN Fominskiy on December 6, 2013. did not perform official duties in the periods from 10 to 27 September, from 5 to 26 October and from 15 November to 27 December 2013 due to illness and with the provision of leave and rest days, respectively.

As can be seen from the extract from the order of the head of the Directorate dated February 14, 2014 No. №, to the deputy head of the Directorate - the head of the personnel department, Colonel V.N. , as well as the organization of work on the formation and execution of reserves of the command of military personnel and civilian personnel in regions with a difficult operational situation, areas with unfavorable climatic conditions, other reserves created by order of the leadership of the FSB of Russia, the Border Service of the FSB of Russia and on the basis of the conclusion based on the results of the proceedings announced severe reprimand.

Articles 28.1-28.10 of the Federal Law of the Russian Federation No. 76-FZ of May 27, 1998 "On the Status of Servicemen" (hereinafter referred to as the Federal Law) regulate the procedure for bringing servicemen to disciplinary responsibility.

Article 16 of the Regulations on the procedure for performing military service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237 (hereinafter referred to as the Regulations), establishes that military personnel performing military service under contract in the Far North and equivalent areas are subject to scheduled replacement, areas with unfavorable climatic or environmental conditions, as well as in military units outside the Russian Federation. The duration of military service in the indicated localities and the lists of these localities are determined by the Government of the Russian Federation.

Part 2 of Art. 16 of the Regulation stipulates that the procedure for organizing and carrying out the planned replacement of servicemen is established by the heads of the federal executive bodies, which provide for military service.

According to the provisions of paragraph 4 of Art. 16 of the Provisions, a soldier may continue military service in the area where the term of military service is established, on an official basis and with his consent. At the same time, the additional period of military service should be established by agreement with the serviceman and be at least one year.

As seen from clause 2 of the Procedure for organizing and carrying out the planned replacement of military personnel of the Federal Security Service, performing military service under contract in the Far North and equivalent areas, areas with unfavorable climatic or environmental conditions, as well as serving military service outside the Russian Federation ", Approved by order of the FSB of Russia dated December 15, 1999 No. No. (hereinafter referred to as the Procedure), replacement of servicemen doing military service in areas where the period of military service is established is carried out no later than the expiration of the period established for service in these areas. military service in the security organs in areas where the term of military service is established are transferred in the order of planned replacement to the security organs from where they were sent.

Thus, clause 3 of the Procedure stipulates that a soldier who is doing military service in an area where the term of military service is set can refuse a planned replacement and continue serving in the specified area.

Clause 8 of the Procedure stipulates that in order to organize a planned replacement of servicemen annually before November 1 of the current year, the personnel department of the organizational and personnel work service of the FSB of Russia or the personnel department of the Border Service of the FSB of Russia (in relation to military personnel of the border agencies) are provided with lists of servicemen to be replaced in the following year.

Analyzing the above, the military court concludes that Fominsky, being the deputy head of the Directorate - the head of the personnel department, by virtue of his duties, had to control the duration of the stay of servicemen in areas with unfavorable climatic conditions, as well as in areas with a difficult operational situation, providing for restrictions on the time of their stay, conduct a high-quality selection of candidates for sending to these areas, draw up and send to the personnel bodies lists of servicemen serving in areas with unfavorable climatic conditions and subject to planned replacement, the latter did not draw up and did not send to a higher personnel body, and the applicant Fominskiy himself did not deny this fact either in the course of the proceedings or in the course of the court session, and, moreover, part of the activities of the plan for the transfer of servicemen who served the established time limits in the Chechen Republic and the Republic the public of Dagestan, and the servicemen themselves were never transferred to the indicated Border Directorates, while the Directorate was not exempted from performing these measures, and therefore, after identifying these shortcomings, an official investigation was conducted within the established ten-day period, as a result of which the head of the Directorate in Within his powers, an order was issued on February 14, 2014 No. № on bringing Fominsky to disciplinary responsibility, which is legal and reasonable, and Fominsky's statement is not substantiated and not subject to satisfaction.

The applicant's arguments that the 26 officers of the Directorate to be replaced in 2014 were not subject to inclusion on the list, since each of them expressed a desire to continue serving in these localities and, accordingly, he should not have provided the list in the absence of such servicemen, and that the head of the Directorate had the authority to independently transfer such servicemen in the event of a corresponding desire or the appearance of a service need, the court is rejected, since the current regulatory legal acts clearly provide for the compilation of lists of planned replacement and their submission to a higher personnel body, and from no one relieved Fominsky of this duty.

In addition, the court also rejects the applicant's arguments that the Directorate had no obligation to replace the servicemen who were not sent by the Directorate in an area with a difficult operational situation, since such a responsibility was entrusted to the Directorate of the replacement plan, approved by the higher command in the prescribed manner, and this plan has not been canceled.

As for Fominsky's arguments that, when imposing a disciplinary sanction by the head of the Department, aggravating circumstances were incorrectly determined, all circumstances were not taken into account when determining his guilt, the omission to weaken control over the implementation of the plan is not a disciplinary offense, correspondence and reports in part concerning doubts about the execution of the plan, these arguments are also rejected by the court, since the Federal law establishes an exhaustive reversal of aggravating circumstances, one of which is the commission of two or more disciplinary offenses, for none of which a disciplinary penalty was applied to a soldier, as seen from the conclusion According to the results of the proceedings, all of the above facts were taken into account when imposing a disciplinary sanction, and in addition, although the fact of Fominsky's long absence from the service in the fall of 2013 was confirmed in the court session, however, the deadline for the implementation of the action plan acceptance expired on 1 September 2013, after which the applicant did not perform military duties for a long time.

Guided by Art. -, 258 Code of Civil Procedure of the Russian Federation, military court

DECIDED:

Refuse to satisfy V. N. Fominskiy's application.

The decision can be appealed to the Northern Fleet Military Court through the Arkhangelsk Garrison Military Court within a month from the date of the final decision of the court.

The presiding judge in the case S.S. Veselovsky

As mentioned above, the operational situation is understood primarily as the totality of circumstances and conditions that affect the operational process. However, this definition is not entirely complete, since it does not take into account such essential factors as the place and time of this process. There is no setting at all that is not associated with a specific spatial and temporal location. You can talk about the situation in the world, region, country, locality, on a specific line of work, object, site, and so on, and do this only in relation to a very specific time.

The operational environment is not something frozen, stable. She is constantly in dynamic development, change. Time dependence is its most characteristic feature. Therefore, we can talk about the operational situation only at a certain point in time.

So the on-duty part of the Ministry of Internal Affairs of the Kyrgyz Republic monitors the state of crime on the territory of the republic during the day, then - for 10 days, one month, quarter, six months, 9 months and for the whole year. Other such features are the reflection of the balance of forces between the subjects and objects of operational-search activity (opposing sides), as well as the conditions in which this counteraction takes place.

Taking into account these clarifications, the following definition of the operational situation in the independent reconnaissance patrol can be given:

Operational environment- it is a set of factors, circumstances and conditions that develop at a certain time in a specific area (object, territory) of operational-search activity and affect the operational-search process.

A comprehensive study and knowledge of the operational situation is necessary for the development of competent, professionally thought-out operational-search measures that allow solving the tasks at hand and ensuring the required level of secrecy and security for both the persons participating in the independent reconnaissance patrol and for the subdivisions of the bodies carrying out operational-search activities.

The factors, conditions, circumstances that determine the operational situation can be very different. They depend on the areas of operational-search activities (intelligence, counterintelligence, criminal-detective, administrative-detective), the characteristics of the country or region, the tasks to be solved, and so on.

In the theory and practice of operational-search activity, the most often used version of the content of the operational situation, consisting of the following three main elements: 1) object cognitive and transformative activity; 2) the forces and means of the bodies carrying out the OSA, and other relevant bodies, subdivisions, organizations interacting with them; 3) the environment in which the activity is carried out.

First element. Objects of operational-search activity are such objects as: organizations and individuals carrying out various kinds of illegal activities against legally protected interests, persons who are carriers of operational-search information or have stable access to it; information of importance in the operational-search relation, of intelligence interest of government departments, organizations, enterprises, firms; persons, according to their official, social and other position, who have levers of influence on the objects of the independent reconnaissance patrol, their decision-making; persons, documents, items on the wanted list; persons in respect of whom the issue of admission to information constituting a state secret, admission to work on the operation of facilities that pose an increased danger to human life and health, as well as to the environment is being resolved.

Second element the structures of the operational situation form the forces and means of the organs carrying out the independent reconnaissance patrol and other relevant organs, subdivisions, and organizations interacting with them. At the same time, it is not generally possible existing forces and means that are considered, but really existing ones, which can be involved in specific operational-search measures and operations.

In other words, the level of combat, service, operational training of law enforcement agencies on the territory of a district, city, region, republic.

The main components of the third element of the operational environment "environment" for independent reconnaissance patrols will be: economic, political, interethnic and other relations characterizing the interaction of individual social strata and groups in the country, region, settlement, district; criminological situation; geographic conditions; transport and road network, passenger flows; the presence of foreign firms, organizations and joint ventures, the nature of their activities; demographic, national, social and psychological characteristics of the population; planning and construction-architectural features of settlements, the presence of cultural, sports, entertainment institutions, etc. This will also include the existing administrative-police and counterintelligence regimes, other preventive measures, and possible objects of illegal aspirations.