Abuse of Power by the Police: Myths and Reality

Abstract

The analysis of the situation with the rule of law in different countries makes it necessary to draw attention to the global trend of substituting the theoretical concept of a law-governed state by the practice of abuse of power by the police. The abuse of power by the police and other security forces in the Russian Federation is most evident in two areas: corruption and crimes in the sphere of justice. In this connection, it is important to understand the validity of the concepts of criminal law reaction and the practice of its enforcement in cases of abuse of power by the police. A study of the work of the institute of business ombudsmen makes it possible to state that it is focused on proving that security forces «harass business». No persuasive proof is presented that supports this claim. Nevertheless, the lawmakers pursue the policy of selecting a special subject of crime with a lowered criminal liability — an entrepreneur, thus violating the principle of equality before the law. At the same time, it is impossible to deny the commercialization of the activities of security forces who found their own niche in the market economy. This is the niche of corruption. Corruption pressure on businesses most often takes the shape of extorting bribes and provoking corruption. The provocation and incitement activities of the police often involve those citizens who later are prosecuted for crimes connected with illegal trade in drugs, and for insulting authorities. In this connection, the negative attitude of a considerable part of Russian society to the police is not surprising. This attitude is, to a great degree, formed by discrediting law enforcement bodies. Russian mass media have been working long and hard to create a negative image of the police. The authors of the «gangsters vs. cops» series have been especially successful. This leads to the conclusion that the paradigm «business in Russia is under the pressure of criminal legislation, and security forces «harass business» is fake. The institute of business ombudsmen should reject it and focus of identifying and eliminating the causes and conditions of the situation that made law enforcement bodies subjects of market relations. It is necessary to radically oppose the legalization of crime provocation («legitimate provocation») that some authors suggest. Any facilitation to the provocation activities of security forces looks like a decisive refusal to protect citizens, which opens the gates to widespread lawlessness and, from the legal standpoint, is absolutely unacceptable. The existing operative and investigation activities are quite adequate for detecting real offenders.