Трансформация правовых основ органов государственной власти для обеспечения национальной безопасности государства

№125-1,

юридические науки

Статья ознакомит читателя с процессом развития органов государственной власти и определит место органов национальной безопасности в ней. Какие основные принципы сформированы для выражения общего «духа» и направленности правового регулирования. Они как правило конкретизируют сущность права, раскрывают его социальный характер в системе ведущих, основополагающих идей.

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In fact, the state security bodies since 1922 were under the full control of the Communist Party of the USSR, which seems logical and reasonable, given the ideological construct built by the institutions of power.

Before the adoption of the law "On State Security Bodies of the USSR" in 1991 and the abolition of the KGB of the USSR, the organization of the activities of these bodies was based on the principle of accountability and control. In the Soviet, Russian and foreign historical literature, it is noted that the fundamental document of a normative legal nature, defining the principles and tools of the activities of state security bodies from the 1920s to the 1950s, was the regulation on the State Political Administration of February 6 1922. However, the regulation on the NKVD of the USSR of July 15 1934 also held its weighty place. The NKVD was responsible for a list of independent spheres of activity and institutions, since the convoy troops transferred from the justice authorities to correctional labor institutions, the number of which by February 1941 reached 528. The territorial bodies of the NKVD of the USSR were also created in all the union republics (except the RSFSR), and in the regions — the NKVD departments. The OGPU of the USSR, transformed into the Main Directorate of State Security (GUGB), became a full member of the NKVD. Instead of the abolished judicial board of the OGPU of the USSR, a Special Meeting was created under the People's Commissar, which, in addition to the People's Commissar, included his deputies, the Commissioner for the RSFSR, the head of the Main Directorate of the Workers 'and Peasants' Militia (GURKM), the People's Commissar of the republic, on the territory of which a particular criminal case was initiated, and the Prosecutor of the USSR.

On March 13, 1954, the State Security Committee (KGB) was created by separating the departments, services and departments related to state security issues from the MGB. Compared to its predecessors, the new body had a lower status: it was not a ministry within the government, but a committee under the government. The chairman of the KGB was a member of the Central Committee of the CPSU, but he was not a member of the highest authority — the Politburo. This was explained by the fact that the party leadership wanted to protect themselves from the appearance of a new Beria-a person who can remove her from power for the sake of implementing her own political projects.

The area of responsibility of the new body included: foreign intelligence, counterintelligence, operational search activities, protection of the state border of the USSR, protection of the leaders of the CPSU and the government, organization and provision of government communications, as well as the fight against nationalism, dissent, crime and anti-Soviet activities.

Almost immediately after its formation, the KGB conducted a large-scale staff reduction in connection with the process of de-stalinization of society and the state. From 1953 to 1955, the state security agencies were reduced by 52%.

In the 1970s, the KGB intensified its fight against dissent and the dissident movement. However, the agency's actions have become more refined

and disguised. Such means of psychological pressure as surveillance, public condemnation, undermining of professional careers, preventive conversations, forced travel abroad, forced imprisonment in psychiatric clinics, political trials, slander, lies and compromising materials, various provocations and intimidation were actively used. At the same time, there were also lists of "no — goers" — those who were denied travel abroad.

A new "invention" of the special services was the so-called "exile for the 101st kilometer": politically unreliable citizens were evicted from Moscow and St. Petersburg. Under the close attention of the KGB during this period were primarily representatives of the creative intelligentsia-figures of literature, art and science-who, by their public status and international prestige, could cause the most extensive damage to the reputation of the Soviet state and the Communist party.

In the 90s, changes in the society and the system of state administration of the USSR, caused by the processes of perestroika and glasnost, led to the need to review the fundamentals and principles of the activities of state security agencies.