Police legitimacy

The subject of the article is assessment of public confidence in the police and the legality of its activities by the opinion of the Russian population. The purpose of the research is to identify the reasons that affect the assessment of the police legitimacy, its perception by the population. The authors also dare to identify the role of "problem areas" of police activity (related to different violations of the law) in people assessment.

The methodology of the research includes: sociological survey among Russians, comparative criminological, statistical, hermeneutic methods, expert assessments.

The main result, scope of applications. The central link of the police legitimacy is public trust, recognition, leading to the cooperation between the people and the authorities. Legitimacy assessments are formed based on the study of public opinion – the official monitoring procedure. The website of the Russian Ministry of Internal Affairs provides information on the results of monitoring public opinion about the activities of the police, but an analysis of its content allows us to note its superficiality and unconvincing optimism. This is obviously affected by the shortcomings of the departmental legal regulation of the process of monitoring public opinion about the activities of the police, which, judging by the questionnaire questions (there are only three of them), is rather imitative in nature. We believe that the official monitoring of public opinion on the activities of the police, at a minimum, should be supplemented by the results of independent sociological studies aimed at establishing "problem areas" of police activity related to violations of the law, violence, ill-treatment, provocations, inducing someone, directly or indirectly, to commit illegal actions, other official abuses. Otherwise, the regulatory requirements for the activities of the police, which establish the foundations of its legitimacy, cannot be fully implemented. The survey of 362 citizens conducted by the authors allows to state that, with a fairly high assessment of the activities of the Russian police, respondents pay attention to the existence of such problems as: the lack of transparency of police activities and the presence of formal and informal means of evading the legality of police activity, the tolerance of justice authorities to police lawlessness, intoxication with power by police officers, the impact of police brutality on social and legal despair, violation of the law in the name of achieving its falsely understood goals. The extreme case of perverted official zeal is the execution of illegal orders. There are quite widespread ideas in public opinion that entrepreneurs often become victims of extortion by the police, that the police take bribes from medium and small businesses, that you can buy off police officers. At the same time, the results of the study indicate that a significant part of the population is determined to cooperate with the police.

Conclusions. The public demand for the police is relevant, the honor and main meaning of which is to protect the interests of all people and serve justice. People need such policemen who will demonstrate not strength and power, but simple human complicity. This is the main secret of the legitimacy of the police. Another secret lies in the orientation of personnel policy towards professionals in the police: their selection, training and support in difficult situations.

1. Nosov S.I. Legitimacy and legality as legal categories. Yurist = Jurist, 2020, no. 8, pp. 43–49. DOI: 10.18572/1812-3929-2020-8-43-49. (In Russ.).

2. Worden R., McLean S. Mirage of Police Reform: Procedural Justice and Police Legitimacy. University of California Press, 2017. xii + 254 p. DOI: 10.1525/luminos.30.

3. Lozovskaya S.V. The role of elections in securing legitimacy of the government. Gosudarstvennaya vlast' i mestnoe samoupravlenie = State Power and Local Self-government, 2020, no. 11, pp. 41–45. DOI: 10.18572/1813-1247-2020-11-41-45. (In Russ.).

4. Timko S.A. A new procedure for monitoring public opinion of policing: a critical view. Vestnik Sibirskogo yuridicheskogo instituta MVD Rossii = Vestnik of Siberian Law Institute of the MIA of Russia, 2017, no. 2 (27), pp. 70– 75. DOI: 10.51980/2542-1735_2017_2_70. (In Russ.).

5. Sekhon N. Police and the limit of the law. Columbia Law Review, 2019, vol. 119, no. 6, pp. 1711–1772.

6. Thaman S. Constitutional Rights in the Balance: Modern Exclusionary Rules and the Toleration of Pjlice Lawlessness in the Search for Truth. University of Toronto Law Journal, 2011, vol. 61, no. 4, pp. 691–735.

7. Meares T., Tyler T., Gardener J. Lawful or Fair? How Cops and Laypeople Perceive Good Policing. Journal of Criminal Law and Criminology, 2015, vol. 105, no. 2, pp. 297–343.

8. Adler J. "The Greatest Thrill I Get is When I Hear a Criminal Say, 'Yes, I Did it'': Race and the Third Degree in New Orleans, 1920–1945. Law and History Review, 2016, vol. 34, no. 1, pp. 1–44.

9. McLemore B. Procedural Justice, Legal Estrangement and the Black People’s Grand Jury. Virginia Law Review, 2019, vol. 105, no. 2, pp. 371–395.

10. Hagan J., McCarthy B., Herda D, Chandrasekher A.C. Dual-process theory of racial isolation, legal cynicism, and reported crime. Proceedings of the National Academy of Sciences of the United States of America, 2018, vol. 115, no. 28, pp. 7190–7199. DOI: 10.1073/pnas.17222/10115.

11. Joh E.E. Breaking the Law to Enforce It: Undercover Police Participation in Crime. Stanford Law Review, 2009, vol. 62, no. 1, pp. 155–198.

12. Kuz’min A.V. Criminal and legal protection of the personality of employees of law enforcement agencies, Cand. Diss. Stavropol, 2015. 226 p. (In Russ.)

13. Filippov P.A. Crimes against the order of management: theoretical and legal problems and the doctrinal model of criminal law, Doct. Diss. Moscow, 2015. 621 p. (In Russ.)

14. Kleymenov M.P. Abuse of power by the police: myths and reality. Vserossiiskii kriminologicheskii zhurnal = Russian Journal of Criminology, 2021, vol. 15, no. 1, pp. 46–54. DOI: 10.17150/2500-4255.2021.15(1).46-54. (In Russ.).

15. Loshkarev V.V. A public prosecutor in the system of countering illegal financial transactions with usage of court resolutions. Zakonnost', 2018, no. 9, pp. 16–18. (In Russ.).

16. Roganov S.A., Starokorov A.B. Problems of applying the norms of prejudice in criminal proceedings in criminal cases in the sphere of economic activity. Leningradskii yuridicheskii zhurnal, 2017, no. 4, pp. 139–148. (In Russ.).

17. Abasheva F.A. Judicial discretion at making judgments resulting from civil-law relations in order of Article 90 of the Criminal Procedure Code of the Russian Federation. Rossiiskii sud'ya = Russian Judge, 2017, no. 6, pp. 24–26. (In Russ.).

18. Girko S.I., Ilin I.V. Revisiting the issues of abuse of subject matter and court jurisdiction rules with the civil procedures. Sovremennyi yurist, 2018, no. 2, pp. 17–24. (In Russ.).

19. Kondratkova N.V., Dmitrievskiy V.S. On raidership combating in Russia. Rossiiskii sledovatel’ = Russian Investigator, 2020, no. 9, pp. 32–36. DOI: 10.18572/1812-3783-2020-9-32-36. (In Russ.).

20. Krinitsyn A.B. The Myth of Sacrifice in Dostoevsky’s Later Novels. Litera, 2016, no. 2, pp. 56–70. DOI: 10.7256/2409-8698.2016.2.19126. (In Russ.).

21. Brilliantov A.V. Criteria for the order, failure to which the employee body of internal affairs entails criminal liability. Ugolovnoe pravo, 2012, no. 4, pp. 17–21. (In Russ.).

22. Kudryavtsev P.A. Genesis of the concept of the order, application and responsibility for failure to perform in the Russian legislation. Yuridicheskii mir = Juridical World, 2014, no. 5, pp. 45–50. (In Russ.).

23. Polyakov S.B. Conditions of the Russian legal system for ordered criminal cases. Advokat, 2009, no. 5, pp. 68–78. (In Russ.).

24. Ivanov V.D., Cherepakhin V.A. Provocation of a crime. Rossiiskii sledovatel' = Russian Investigator, 2013, no. 14, pp. 29–32. (In Russ.).

25. Borkov V.N. Provocation of crime: criminal law assessment of actions provocateur and provoked. Zakony Rossii: opyt, analiz, praktika, 2019, no. 6, pp. 68–74. (In Russ.).

26. Bayley D., Perito R. Police corruption: What Past Scandals Teach about Current Challenges, Research Report. US Institute of Peace, 2011. 20 p.

27. Dordevich S., Litavsky J. Collection on Policy on Police Reform in Serbia, Research Report. Belgrade Centre for Security Policy, 2012. 40 p.

28. Rothstein B., Stolle D. The State and Social Capital: An Institutional Theory of Generalized Trust. Comparative Politics, 2008, vol. 40, no. 4, pp. 441–459.

29. Holston J. "Come to the Street!": Urban Protest, Brazil 2013. Anthropological Quarterly, 2014, vol. 87, no. 3, pp. 887–900.

30. Kocak D. Rethinking Community Policing in International Police Reform: Examples from Asia. Ubiquity Press, Geneva Centre for the Democratic Control of Armed Forces, 2018. 68 р.

31. Gaub F., Walsh A. Relationship Therapy: Making Arab Police Reform Work. Paris, European Union Institute for Security Studies (EUISS), 2020. 62 p.

32. Hazova V.E., Sergeyeva E.Yu. Current trends of vocational training of police shots in the XXI century. Vestnik Moskovskogo universiteta MVD Rossii, 2013, no. 7, pp. 243–246. (In Russ.).

33. Coulangeon P., Pruvost G., Roharik I., Matthews T. Professional Ideologies: A Latent Class Analysis of Police Officers' Opinions on the Role of the Police. Revue française de sociologie (English Edition), 2012, vol. 53, no. 3, pp. 347–380.