On Civilian Control and Management of the Military Organization and Military
Activity.
Civilian control over military power structures is an absolute condition for the normal
functioning of a civilized state, a vital necessity for the society, state and power structures.
Its necessity, contents and forms are stated by the code, ‘Concerning Military and Political
Aspects of Security’, adopted by member-states of the OSCE. After many years of long
discussions, no open adversaries of this principle of democracy are left in the Russian
Federation. However, it is the problem of civilian control, as well as the priorities in
reforming military and civilian relationships, that are understood and interpreted in different
ways. That is why it is important in principle to define objectives, organization and the
order of functioning of the system of the civilian control over military sphere in the
legislation. Legal regulation is one of the most important directions of legislative activity in
the field of creating and improving the so -called ‘military law packet’.
Unfortunately, there is no such law in the Russian Federation, though several possible
versions of this law, including the model law for CIS member states ‘On Parliamentary
Control over the Military Organization of the State’ that was adopted by the InterParliamentary Assembly, have already been elaborated by different organizations and
establishments. Although the draft law that is presented in this issue is not irreproachable, it
has some advantages over the others.
First of all, it clearly defines the object for control: the military organization and military
activity in the Russian Federation. Moreover, a special article states in detail the points of
civilian control: from the mechanism of forming military policy to the moral and
psychological state of the troops. However, the authors did not have the right to combine
control and management. In short commentaries one does not have an opportunity for
detailed criticism of this provision. Let me restrict it to making only two remarks. ‘Civilian
management of military organization and activity’ actually forces military professionals out
of elaborating, adopting and putting into practice military and military political decisions. If
we stipulate that it is possible, then the civilian control over civilian management becomes a
senseless wording.
Meanwhile, this disadvantage is weakened to some extent by the goals, proclaimed by the
draft law, and especially by the main tasks civilian control is meant to assist in maintaining:
the national security of the state, and the enhancement of the reliability and efficiency of
military organization and activity in the Russian Federation. But even in these articles the
wordings that were proposed emphasize self-sufficiency of civilian control and management
that have the following functions: adoption, elaboration, prevention, exclusion and other
direct powerful and administrative actions.
The organizational side of the civilian control is revealed much better by the draft law. It
includes a multi-channel, diversified system of regulations, state and civilian institutions
and the measures that are taken by such institutions. This system provides legality and
functional expediency of the military organization of the Russian Federation, compliance of
its activity with the Constitution of the Russian Federation and Federal Laws. The draft law
stipulates that civilian control is conducted by the control and supervising activity of special
supra-departmental power bodies; by powerful and administrative powers of supreme state
authorities; by justice; by supervising and informing society about the state of affairs in the
sphere of the military organization and state activities by civilian society institutions; and by
appeals, statements and complaints submitted by the citizens. In this vein, the draft law
envisages in detail the competence and powers of different branches and levels of state
authorities, local self-government, political parties and other public associations, mass
media, enterprises and individuals in the sphere concerned. The institute of the
Commissioner (Representative) on the Military Men's Affairs that is foreseen by the draft
Law is undoubtedly interesting.
As stated above, the draft law that was presented is far from perfect. It does not offer legal
solutions to a number of vital and disputable problems and it proposes disputable or
inadmissible approaches to some of the problems. But it is not this that is used to appreciate
its meaning. Offering their own version, the authors of the draft law stimulates thinking in
the society, activates the search of legislative solution to acute problems of military
construction, development and strengthening of military and civilian relationships in the
Russian Federation.