Conceptual problems of the security activity in the Russian Federation: legal aspect

The article defines the meaning of security activity in the exercise of the constitutional rights and freedoms of citizens and in the implementation of the other government objectives. In the absence of the doctrinal studies, the conceptual problems of security activity are identified and classified that are specified by their civil-legal nature. The problems related to the legal essence of the security activity, insufficiency of the mechanism of legal regulation and the structure of legal relationships arising from the security activity, as well as the problems of contractual regulation have been analyzed. The existence of these problems leads to restriction of the foundations of the constitutional system of Russia regarding free movement of security services, equal level of protection of all forms of property, eliminates competition in the area under research, and contradicts the basic principles of civil law. The result of the study and solution of the problems is the author’s draft of the law «Оn security activity in the Russian Federation».

conceptual problems, security services, legal essence, mechanism of legal regulation, legal relationship, subject matter of protection, sources of enhanced danger, licensing, control, security agreement