Пределы права на насилие участников организаций по борьбе с преступностью в России, Франции, Бельгии, Великобритании и США

Abstract

The aim of this article is to describe and compare the approaches of Russia, Great Britain, France, Belgium and USA to determine, whether the using violence by the members of the organizations devoted to crime prevention is legally permitted or not.

In order to reach this goal, legal regulation of the such organization`s status and of the right of self-defense in mentioned states is analyzed.

Firstly, the author investigates, in which countries using of violence is permitted for citizens, who participates in prevention of crime, and how the limits of permitted violence are determined.

Secondly, the limits of permitted violence for members of analyzing organizations and for other citizens (legal institute of self-defense) in the same countries are compared.

Thirdly, an attempt is made to allow the relation between the limits of legally permitted violence and the aims of those, who use it.

On the base of the analyze of legal regulation for mentioned aspects, two approaches were allocated.

1)       Existence of the self-organizations of citizens initiated in order to defend their home limits state monopoly of violence (Great Britain, USA (Neighbourhood Watch).

2)       Existence of the organizations devoted to crime prevention don`t limit the state monopoly of violence because their members have no right to use violence, only to call the police (France (Les citoyens référents), Belgium (Le Partenariat Local de Prévention) or members of such organizations are regarded as those, who helps the State and, consequently, can be regarded as its representatives in some way (Russia (People's Druzhina).