ON THE STATE FRONTIER OF THE RUSSIAN FEDERATION
A. A. Pershin
The emergence of Russia as a sovereign constituent of world policy has made acute
the question of the spatial limit of the sovereignty, destination and status of the State
Frontier alongside the rules of its establishment and protection. The Law ‘On the
State Frontier of the Russian Federation’ has become a specific and important step
in the political-legal and normative settlement of these problems.
The Russian Federation views its State Frontier as the provider of its territorial
integrity and national interest, as an expression of the unity of the nationalgovernmental and administrative formations constituting it and as the basis of its
military, economic and border security. By adopting the Law, Russia declares the
content and character of the frontier regime, the legal relations governing Frontier
areas (water bodies) and the means of international communications passing through
Russian territory to the country and the world.
At the same time, the Law implements the international-legal principles of the
territorial integrity of the State, inviolability of the borders and other things into the
norms of the National Legislation. Moreover, it defines that if an international treaty of
the Russian Federation establishes rules other than the ones envisaged with the
present Federal Law, then the rules of the international treaty apply. The document
provides for legal definitions and securing of the principles, which the Russian
Federation is guided with in organization and construction of the State Frontier and in
its Frontier Policy: protection of the security of the Russian Federation and
international security; mutually beneficial, comprehensive cooperation with foreign
States; mutual respect of sovereignty, territorial integrity of the States and inviolability
of the State borders; amicable settlement of frontier disputes.
Owing to this, the Frontier Policy of the State cannot be a discretionary one. Its goals
and assets, the means of their achievement and protection of the State Frontier have
been regulated by the Legislator. In compliance with the Law, protection of the State
Frontier is implemented on the basis of the coordinated activity of the Federal State
authorities, State authorities of the constituents of the Russian Federation and local
governmental bodies, as well as organizations and citizens in accordance with the
established procedure. The Law contains express definitions of the powers and
forms of participation of all constituents of the Frontier Policy, including enterprises
and their associations, institutions, organizations, public associations and citizens in
protection of the State Frontier. At the same time, the role of the federal executive
authority in the domain of protection (and coordination) of the State Frontier is
assigned to the Federal Frontier Service of Russia, which has been supplied with
legislative definitions concerning the powers and procedure of actions of its bodies
and troops. The Law describes the detailed procedure and rules of use of weapons
and battle equipment “within the limits of the Frontier territory”, “for repulsion of an
armed intrusion” upon clearly expressed notice of the intent to apply them and
preventive shots”, etc.).
At the same time, the Law contains provisions on the legal and social security of
military persons and other citizens participating in the protection of the State Frontier;
responsibility for violations of the law at the State Frontier; sources of the resource,
financial and logistic support of protection of the State Frontier of Russia and other.
Thus, the Law creates the legal basis of economic and other activities in the Frontier
zone, temporary stay and movement within its limits of persons and transport
vehicles, creation and activity of the pass points via the Frontier, its guard and
protection. The Law, on the one hand, discloses the value of the Frontier and the
Frontier Policy for security of an individual, society and the State and serves
strengthening of contacts and interaction of the Frontier bodies and troops with the
population of the Frontier territories. On the other hand, the provisions of the Law are
oriented at increasing transparency of the actions of the Federal Frontier Service and
other force structures involved in protection of the Frontier, which is of principle
importance for the development of civil control.
The Law “works” for providing security of all social formations and resources of the
country that are located within the limits of State sovereignty (the State Frontier). It is
important to note that the Law of the Russian Federation ‘On the State Frontier of the
Russian Federation’ is not of a canonical character. As required and, in connection
with the change of the Frontier situation, its provisions and norms are revised. During
the period of the Law’s effect, eight amendments and additions were introduced.
At the same time, the Law was adopted by the Supreme Council of the Russian
Federation, which is unavailable nine months prior to the adoption of the Constitution.
This is why partial corrections of the text may be insufficient. It is feasible to revise
the Law and to adopt it by a legislative body anew.