An Individual's Right to Criminological Security: the Concept, Content, and Place in the System of National Security of the Russian Federation

Abstract

Russian legislation has incorporated strategic documents in the sphere of security - the Strategy of National Security of the Russian Federation and the Concept of Public Security of the Russian Federation, - which has rendered the research of criminological security of a person, society and the state especially urgent. The interests of a person connected with ensuring his/her criminological security are often viewed in modern research through the prism of the interests of the state and the society in general. However, the authors believe that the criminological security of a person has a dual nature and combines the elements of both individual and common interests in the sphere of ensuring national security. The criminological security of a person should be given a legal form, and the authors support the idea that a person has a right to the protection of his/her vital interests against the unlawful infringements and other negative factors of criminogenic character, which should be provided through the law enforcement activities. The right of a person to criminological security, although absent from the list of constitutional rights and freedoms, has a distinct natural law, fundamental character, so the state should create such conditions that make it possible to predict, minimize, prevent and eliminate criminogenic threats, and this right should act as a legal guarantor of fulfilling other constitutional rights and freedoms. In this connection, the authors insist that it is possible and necessary to recognize the right of an individual for criminological security at the legislative level; this rights contents are unique compared to other fundamental rights and should be duly guaranteed by the state. If the criminological security of a person is given a legal form, this will make it possible to strike a balance between the interests of an individual, the society and the state in the ensurance of national security and its specific types.