Uncle Styopa's Code: What Will Change the Code of Ethics for Police

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Uncle Styopa Code: what will change the code of ethics for police officers [IMG alt = "Uncle Styopa Code: what will change the code of ethics for police officers"] https://storage .pravo.ru / image / 106 / 53375.png? v = 1588429882 [/ IMG] Illustration: Pravo.ru / Petr Kozlov Respectful of the person you are interrogating, taking care of someone else’s property during the inspection, search, seizure is prescribes a draft code of ethics to employees of internal affairs bodies. He recently posted on the Internet. Lawyers evaluated his position and suggested whether they would be of practical value in protecting rights. The Ministry of the Interior has developed a draft of the code of ethics and official conduct of employees of internal affairs bodies . The text was published on April 27 and goes through the stage of public discussion until May 11. The previous code of ethics was approved by order of the Ministry of Internal Affairs of December 24, 2008, but became invalid in 2013. Since then, police officers have been subject to the model code of ethics and official conduct of state and municipal employees of December 23, 2010. Legislation Ministry of Internal Affairs promulgates an ethical code for police officers , in addition to the requirements in hours. 1-3 of art. 13 of the Service Act, ”the explanatory note says. The norms of the law prescribe to remember the importance of the rights and freedoms of man and citizen, to respect honesty, tact and impartiality, etc. A new draft code of ethics develops these and other principles. Compared to the 2008 document, it is much less pathos and declarative, but more specific and informative. Instead of phrases about high service to ideals - simple and clear instructions on how to behave. Highlighted the important and interesting. General principles:

• Recognize the priority of state and official interests over personal ones;
• To serve as an example of legal awareness and law-abiding
• Express thoughts correctly, observe the culture of speech;
• Be intolerant of violations of law and discipline.

The priority of state and official interests over personal ones is a reality for those who get jobs in bodies, because recycling is the norm, comments Eva Timofeeva from SSP-Consult. How to communicate with the offender:

• Explain to the offender that he behaves illegally, without moralizing, convincingly and clearly.
• Keep restraint and calm, including if the offender provokes a conflict situation.
• Refrain from harsh actions and harsh remarks in relation to the offender in the "presence of children, women, elderly people".

When conducting operational-search measures:

• When conducting an inspection, search, seizure, do not allow negligent treatment of objects and personal items that are significant or valuable to citizens.
• Strive to minimize non-pecuniary damage in the course of investigative actions and operational-search measures.
• At the interrogation, show "sympathy for the victim, impartiality to the offender, respect for the personality of the interrogated."

Requirements for managers (chiefs):

• Respect the personal dignity of subordinates, their right to personal opinion;
• Evenly distribute the workload;
• Delve into the needs and problems of subordinates, provide social and legal assistance.

Requirements for appearance:

• Neat, tidy, ironed uniform, which must be worn in accordance with the requirements;
• If the employee works "in civilian" - it should be a suit (dress) and shoes of "strict business style" and soft color;
• Employees need to observe “modesty and reasonable sufficiency” with regard to cosmetics and jewelry.
• Employees should always be trimmed and shaved, and if there is a mustache and beard - you need to monitor their neat appearance.

Beard and mustache were previously prohibited when serving in the organs, said Timofeeva. And operational officers never wear them. This is striking, and the service often implies a hidden nature of actions, says Timofeeva. Rules of conduct on the Internet

• It is impossible to publicly post statements, opinions and evaluations regarding government agencies, officials, political parties, etc., if this is not part of the official duties of the employee.
• It is not recommended to post on personal pages, in social networks information, including photos and videos, which will help determine the personal data of the employee, affiliation with the internal affairs bodies (if this is not related to the performance of official duties), as well as “information that may cause a negative reaction in society. ”

It turns out that it is forbidden to post photographs in uniform, comments the chairman of the ICA "Kanevsky, Churgulia and Partners" German Kanevsky. Assessment of experts The main task of such a document is to formalize the requirements in order to distinguish between employee behavior: which constitutes a disciplinary offense and which is simply reprehensible, Kanevsky explains. The draft differs from the existing codes for judges or lawyers in that it is approved not by the professional community, but by a normative act of the Minister of the Interior, he notes. From a practical point of view, the code, if adopted, will be able to act as a means of additional public control, Kanevsky believes. Knowing his position will be useful to those who, at work or in life, encounter - or may encounter - the incorrect behavior of police officers, believes Nikita Filippov, head of the bureau of lawyers at the De Jure Lawyers Bureau. “It’s good to know that a police officer must respect the interrogated person, be intolerant of violations of the law and official discipline,” Filippov said. At the same time, compared to the previous code of 2008, provisions aimed at preventing corruption have disappeared. Also, there is no mention of a conflict of interest, obtaining unjustified benefits, and so on, Kanevsky notes. [There is only a ban on accepting treats and gifts during the inspection]. Violation of the provisions of the code may be an additional argument in contesting the actions or omissions of an employee of internal affairs bodies, including in court, argues Daria Shulgina, partner of AB ZKS Law Office. “For example, this applies to additional requirements during investigative actions,” the lawyer explains. But proving rudeness during detention or interrogation will be difficult, because the courts are extremely reluctant to accept and study audio and video recordings, adds Anton Grishko, deputy managing partner of AB, Gestion. The lawyer draws attention to the fact that the bar has disciplinary committees, a list of violations and punishments, but this is not here. Indeed, the document does not say anything about the mechanism of accountability for violations. “This will be another“ dead ”regulatory act,” Grishko predicts. Shulgin agrees with this, which estimates most of the norms as too abstract. “In reality, the code will only be used in criminal cases against police officers,” she states. [URL unfurl = "true"] https://pravo.ru/story/221245/?desc_chrono_8_3=