In the spacious cabinet of the ministry in a prominent place - a model of a combat aircraft with the inscription " Dear Pavel Vladimirovich from the personnel of the military unit...". Not at all a" duty " souvenir, but a gift from fellow soldiers, followed by an army biography line. during the conversation, we were convinced that even today there are points of common ground in the work of the Minister of Justice of Russia with the Ministry of Turnover, problems of the army. One of them is related to a very relevant news item made in the headline. In today's conditions, when it is often very difficult for those who have left the army to find a new place in life, a job, it can rightly be considered a sensation. However, about everything in order.
Pavel Vladimirovich Krasheninnikov was born on June 21, 1964 in Polevskaya, Sverdlovsk region. After graduating from Magnitogorsk Construction Technical School, he served in one of the units of the Air Force in 1983-1985.
In 1989 he graduated from the Sverdlovsk Law Institute, and in 1991 - postgraduate studies at the same Institute. In 1990-1993, he taught at the Ural State Law Academy. At the same time, he was an expert of the Supreme Soviet of the RSFSR on legislation. In 1993, he worked as Deputy Head of the Main Department of Housing Policy of the State Construction Committee of the Russian Federation. 1993-1996-Head of the Department of Civil and Economic Legislation of the Ministry of Justice of the Russian Federation. 1996-1997-Deputy Chairman of the State Antimonopoly Committee of the Russian Federation. Since August 1997 - First Deputy Minister of Justice of the Russian Federation.
Currently, he is the Minister of Justice of the Russian Federation.
Doctor of Law. Author and co-author of more than 70 scientific papers. State Adviser of Justice of the Russian Federation.
- Pavel Vladimirovich, the information rush of the press associated with the pursuit of sensationalism often obscures from the general public the everyday, routine, but very important legislative work of the Ministry of Justice, which, in fact, is one of the main areas of activity of the department headed by you. I would like to fill in this information gap. In this connection, recently, figuratively speaking, the Minister of Justice had a "headache", in what areas of improving the legislation was it possible to move forward?
- Unlike all other federal executive bodies-ministries, departments, committees, and services involved in legislative activity, the Ministry of Justice is assigned the role of coordinator. It means that our ministry summarizes and analyzes the proposals of all federal agencies. Determines in what legal form (law or government decree, other regulatory acts) it is advisable to solve a particular problem. Then it draws up a plan of legislative activity and submits it to the Government for approval.
A serious step forward, which, by the way, has remained almost out of sight of the general public and the press, in my opinion, was the presentation to the President of the 3rd part of the Civil Code. In terms of its significance for the life of society, the Civil Code is quite reasonably called the second Constitution. Its new part eliminates many "white spots" in the legislative field of Russia, regulates a wide range of legal relations related to intellectual property, inheritance and private international law, which most directly relate to the vital interests of each person.
In addition, thousands of legal acts pass through our Ministry. It is difficult to single out any of them because each of them is important in its own way. As far as the Ministry of Justice is concerned, 20 laws related to the General Directorate for the Execution of Sentences were amended last year. In accordance with them, the penitentiary system was transferred from the Ministry of Internal Affairs to the Ministry of Justice in August last year.
We had a number of initiatives related to the elections.
- Your deputy Yevgeny Nikolaevich Sidorenko in an interview with our magazine has already told about their fate, about the problems of improving the election-related legislation and the specifics of implementing the electoral rights of military personnel. In continuation of the conversation on this topical topic, I would like to know: what rights of the voter do you consider most important, what legal norms will the Krasheninnikov voter remember when going to the polling station, and what will guide them?
"First of all, common sense. The subtext of your question is a widespread misconception in our society: if we adopt a new law, our lives will immediately change for the better. We are often indignant, literally shouting: there are not enough laws! In fact, most often the problem is not in the absence of a legal norm, but in the fact that there are laws that are not implemented in principle. The most unpleasant thing is that many people sometimes do not want to comply with them or do not know how to use legal norms to their advantage. This also applies to electoral rights. They are so simple that they don't need any comments. But, unfortunately, a very significant part of ordinary voters believe that nothing depends on my vote. In fact, this is not the case. Often everything depends on each voice. Therefore, we need to take our own right to vote seriously and responsibly. Do not succumb to the influence of various kinds of agitators that are scattered in mailboxes, but how to figure out who you are voting for, so that later you do not have to repent of your own choice.
- How can you find out the true appearance of the person whose name is included in the ballot? There is an opinion in the society that people's deputies are actually outside the effective public control. For some of them, it is not openness to the voters that matters, but parliamentary immunity, behind which you can hide both from the public and from law enforcement agencies. As a result, we have received a more than real threat of criminal penetration into the government. Attempts by the Ministry of Justice to protect society from this terrible danger are met with opposition from people who value their immunity too much, which sometimes looks like being closed from the control of society and the law. Can we expect that the situation will change before the elections, and that candidates for the supreme legislative power - the State Duma-will become more open to us-ordinary voters?
- At the end of last year, we submitted to the Government a number of amendments to the laws "On basic guarantees of electoral rights and the right of citizens of the Russian Federation to participate in a referendum" and "On elections of deputies of the State Duma". It was just proposed to make publicly significant facts about the biography of a candidate for deputy of the lower house of the federal parliament more "transparent" and accessible to voters. But not by interfering with his personal, strictly private life. The meaning of the amendments is that, along with other documents, a person going to power should submit some additional ones: about their property status, primarily about salary, income and real estate, about criminal records, as well as certificates about two diseases - drug addiction and alcoholism. I would like to emphasize that it is absolutely voluntary. Each candidate has the right to refuse to provide this information. Thus, we proposed to introduce in the law not a requirement, but only a recommendation to those who go to power to be more open to society. Moreover, we believe that this measure more fully ensures the rights of not only voters, but also the candidate for deputy. It dramatically reduces the opportunities for unfair insinuations," stuffing " compromising material on him in the midst of the struggle for votes, since reliable information about the candidate for deputy, presented by him himself, will be included in all election documents. Or reported: he refused to provide information about himself, which is also very eloquent and definitely characterizes a person who aspires to power.
-- Oddly enough, but on the eve of the election campaign, the press is increasingly talking not about the competition of ideas and concepts of candidates for deputies, political parties, organizations preparing for the fight, but about... big money, its sources for electoral associations. Will it not happen that the road to power will be mastered not by those who are able to offer the voters, the people, the country a well-thought-out, balanced and really feasible program for getting out of today's plight, but by those who will make their way with "despicable metal"? Can the Ministry of Justice, together with other state bodies of financial, tax and other control, protect us from the dictates of the "golden calf", make sure that big money does not bend, does not "bend" the information political field for itself?
- In this regard, we have long said that it is necessary to adopt a law on political parties, which would allow regulating such a complex sphere. The main problem is that it should include a special section dedicated to financial and economic control over the activities of political parties and organizations.
- Does such a document even exist in the form of a draft? How long has there been talk about the need for such a law?
- Since the time of the Supreme Soviet of the RSFSR. There were different attempts. But the project, unfortunately, is not yet available.
- Recently, the Ministry of Justice and you, as its head, have had to pay a lot of attention to various problems, not only of a legislative nature, but also of a more mundane, practical nature. And on a number of them - the transfer of weapons, property, military camps - to cooperate with the Ministry of Defense. Please tell us about this work.
- First of all, it should be noted that our ministries have established very close cooperation and there is full mutual understanding. I would like to thank Russian Defense Minister Marshal Igor Dmitrievich Sergeev for this.
Sometimes it is not easy to solve interdepartmental problems: long correspondence, loss of time... Here, the situation is exactly the opposite. The leadership of the Ministry of Defense does not need to explain anything for a long time. They understand us, as they say, with half a word and willingly meet us halfway. Thanks to this, we were able to quickly deploy work related to military camps. Some objects have already been transferred to us.
It is not a secret to anyone what a poor state the penitentiary system is in today. It is extremely necessary to improve it. And naturally, it is much more expensive to build new colonies from scratch than to create them on the basis of empty military towns. By mastering them, we will be able to improve the conditions of detention of people in places of deprivation of liberty with a huge gain-savings for the federal budget and the budgets of the constituent entities of the federation.
While improving the system of execution of sentences, we have developed and are trying to apply the principle: citizens must serve their sentences in the subject of the federation where they have a permanent place of residence. Thus, being in prison, they get more opportunities not to break ties with their relatives and friends, which serves as an effective incentive for good behavior, and after serving time, they adapt to normal life more easily. As a result, there will be fewer relapses, which is what the whole society is interested in. At the same time, we save huge amounts of public money. And by reducing the transportation of prisoners. And thanks to the creation of colonies near settlements on the basis of former military towns, where the maintenance of infrastructure, communications, energy networks and other things costs the state much cheaper than anywhere in Chukotka or in the taiga wilderness.
As you can see, in this way we are solving a number of problems of national importance that have legal, social, and economic significance for our entire society.
Of course, if we think purely theoretically, from the standpoint of narrow-departmental interests, we could put the question to the Ministry of Justice: pay or otherwise compensate for the cost of the transferred military camps. But if we go from the realities of our current life, we must take into account that we - the Ministry of Justice - are the same state employees as the Ministry of Defense. And from the point of view of funding, we are in the same difficult and difficult situation as the army. We simply don't have the money to buy military real estate, and the state treasury has nowhere to take it. And we know what happens to abandoned military camps. Literally within a few days, local residents can pull apart, steal them clean. As a result, the state will actually lose its property - real estate worth many millions of rubles. But, fortunately, the situation is different because the Ministry of Defense treats the case not from the point of view of its departmental interests, but in a state-like way. This benefits not just one federal agency - the Ministry of Justice or the Ministry of Defense - but society as a whole.
We also cooperate productively with the Ministry of Defense in the transfer of weapons and ammunition necessary for our units to serve.
- There is another point of contact between the interests of the army and the Ministry of Justice. This news is truly sensational for our readers. And with a plus sign. At a time when the financial and economic crisis has dramatically reduced, if not completely eliminated, the employment opportunities of retired military personnel, the Ministry of Justice, as we have learned, is forming a new structure with a potential of 40 thousand jobs!..
- Yes, that's exactly what we need in the bailiff service. And while creating it, we are very much counting on the military personnel who are being discharged to the reserve. We have already applied to the Ministry of Defense and the Internal Troops with proposals to use the personnel released during the reform. I am deeply convinced that regular military personnel - people who are disciplined, organized, responsible, and have a state mindset-are quite suitable for their new service.
- I would like to know more about it.
- A new structure is being formed in accordance with the Federal Law "On Bailiffs". Its purpose is to ensure the procedure for the operation of courts, the protection and security of assessors, judges, witnesses, participants in trials, as well as the enforcement of judicial and other acts provided for by the Federal Law "On Enforcement Proceedings". It includes the Department of the Ministry of Justice, the management services of military courts and justice bodies of the constituent entities of the Russian Federation, district, inter-district or corresponding divisions according to the administrative - territorial division, consisting of bailiffs to ensure the established procedure for the activities of courts and bailiffs.
- What are the main requirements for those who want to become bailiffs?
- Chief and senior bailiffs need higher legal education. If it does not exist, then a reserve soldier may well count on other positions. Naturally, when applying for a job, the employee's previous professional experience, qualifications, education, and other factors such as age and health status will be taken into account. Life shows that we have excellent former personnel officers, orgrabotniki, business managers, logistics specialists and other reserve officers.
The bailiff service matches the army in terms of the nature of its duties and responsibilities. When they take office, they take the oath of office, wear uniforms with insignia, and after the necessary training, they have the right to carry and use weapons and special equipment. They are assigned class ranks of employees of the judicial authorities. Naturally, the requirements for professional and personal qualities are serious. The selection and placement of personnel, as, obviously, in the army, is carried out carefully, on a purely individual basis. Therefore, it would be wrong to say that we will be able to meet the requests of all those who apply to us for employment. Moreover, some of the positions are already occupied. But the fact that quite a large number of retired army men will find themselves in the bailiff's service is beyond doubt.
- What benefits and guarantees of legal and social protection do bailiffs enjoy, and what is the level of their financial support?
- They enjoy all the guarantees and benefits provided for civil servants. Their list is quite extensive. For example, mandatory state insurance, free travel on public transport, and much more. The salaries of bailiffs are not less, but, perhaps, more than the salary of army soldiers.
For a reserve serviceman, military service is counted in the length of civil service. As a rule, when assigning ranks, its military rank is taken into account. So, the rank of Justice adviser of the 3rd class corresponds to the major, and the rank of colonel-to the 1st. When employees with general ranks came to our central office, on the recommendation of the Ministry of Justice, the President of Russia assigned them the corresponding general ranks of state advisers.
- In your biography - 2 years of army service. What thoughts and feelings evoke memories of them?
- In 1983-1985, I had a chance to serve in one of the Air Force units in Voronezh. By the way, I recently visited there, talked with fellow soldiers, and from the pages of your magazine I would like to convey my heartfelt greetings to them. Here is their gift (nodded at the model of a combat aircraft) - a good memory. And believe me, I experienced the brightest, most nostalgic feelings. After all, youth is the best age. I believe that I did not spend my time in the army in vain. I grew up, learned a lot, understood a lot. The army, in my opinion, allows a person to think about his life in a new way, to understand more clearly what is right and what was wrong. By the way, my desire to become a lawyer grew stronger during my service years.
At that time, among my peers, it was considered shameful, even indecent, not to serve in the army, and it is extremely regrettable that some of today's young people have a completely different attitude to military service. If our military-patriotic education was at a higher level, the society would not have to face some disturbing phenomena. In fact, its shortcomings give rise to organizations such as the RNE and others that attract people with paramilitary attributes, pseudo-patriotic slogans that have nothing to do with true patriotism. And our wards, especially young people serving sentences in prison, are also a clear consequence of the shortcomings of their upbringing.
Despite its troubles, problems and difficulties, the army still plays a significant role in shaping the true qualities of a patriot and citizen among young people. And it deserves more energetic support from the whole society.
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