ON INTERNAL TROOPS OF THE MINISTRY OF INTERNAL AFFAIRS OF

advertisement
ON INTERNAL TROOPS OF THE MINISTRY OF INTERNAL AFFAIRS OF
THE RUSSIAN FEDERATION
M. N. Shakov
The democratic constitutional state of the Russian Federation provides and maintains effective
management and control over its military on the part of the constitutionally instituted authorities.
The OSCE Code of Conduct related to military-political aspects of security expressly states the
obligation of member states to clearly define the functions and missions of their military forces, as
well as their obligation to act exclusively within the constitutional limits.
Adoption of the Law ‘On Internal Troops of the Ministry of Internal Affairs of the Russian
Federation’ in the Russian Federation became a critical step in attaining this aim. It defines the
destination, legal fundamentals, principles of activity, powers of the internal troops of the Ministry of
Internal Affairs of the Russian Federation, procedures of their accomplishment of imposed
missions and establishes guarantees of legal and social security for internal military personnel, as
well for citizens discharged from military service and for members of their families
The Law provides for the general protection of the security of individuals, society and the State and
for the protection of freedoms and rights of citizens against criminal and other unlawful
infringements. The document lists the missions imposed on internal troops: participation jointly with
the bodies of internal affairs of the Russian Federation in protection of the public order,
safeguarding the public security and the state-of-emergency regime; guarding of important State
facilities and special cargoes; participation in the territorial defence of the Russian Federation;
rendering of assistance to the Federal Frontier Troops of the Russian Federation in protection of
the State Frontier of the Russian Federation. These missions are decoded and specified applicable
to operational formations and military units; special motorized military formations and units, as well
as aviation, sea and task military formations and units. This readability, however, is diluted by the
provision stating that, in accordance with other Federal laws, the internal troops may also be
imposed with “other tasks”, having no definition at all.
Nevertheless, the legislation defines the rights of military persons of internal troops during their
performance of active service; governing the use of physical strength; special means, weaponry,
combat and special equipment to protect citizens against unofficial and non-grounded force impact;
increasing the responsibility of military persons in the use of special violent techniques and means
in their missions. These elements are intended to strengthen the legal basis of the security of the
society and individual and to serve in the normalization of military-civil relations.
At the same time, the Law guarantees the personal security of rights of military persons involved in
the accomplishment of high risk missions, as well as the measures of their legal and social
protection. They are covered with all norms, benefits and compensations envisaged by the Federal
Law ‘On the Status of Military Persons’ dated May 27, 1998. Moreover, the Law specifies the rights
of military persons of the internal troops to legal defence, insurance guarantees, accommodation,
medical aid, etc., establishes guarantees for citizens discharged from military service and to the
members of their families. This is important for enhancement of the status of internal troops and for
their integration in civil society.
The activity of the internal troops of the Ministry of Internal Affairs of Russia shall be realized in
compliance with the principles of legality, observance of rights and freedoms of a human being and
citizen, one-man management and centralization of control. As it happens, the aforementioned
principles do not cover all fundamentals of the activity of the internal troops in the civil society and
jural State. They should have had added principles such as the interaction with troops (forces) of
other departments; checking powers of the State bodies with respect to internal troops and their
continuous availability to the accomplishment of set missions.
The Law objectively defines the powers of the Federal State authorities and authorities of the
constituents of the Russian Federation in the sphere of activity of the internal troops. Unfortunately,
the aforementioned Law does not provide sufficient definition of subordination procedures, or on
the powers and rights of the ministers of internal affairs of individual constituents on the use of
internal troops, thus failing to promote the strengthening of unity and integrity of the Russian State.
The articles of the Law governing control over the activity of the internal troops and Prosecutor’s
supervision are similarly insufficient as they lack the specific norms of State and civilian control in
this domain.
Download