The possibility and permissibility of attracting the armed forces to the authorization of intracrisis situations in the state
In work on a scientific basis, the very widely spread in the national journalism of the end of the last century is refuted, especially often it was exaggerated in the mass media controlled by Russian oligarchs B. Berezovsky and V. Gusinsky, the thesis "on the inadmissibility of using armed forces against their own people." At the same time, a mass campaign was launched in the mass media of the United States, Great Britain, Germany, France and other NATO countries to shape public opinion against the use of Russian armed forces during the counter-terrorist operation in the Chechen Republic at the end of the 20th century. The purpose of this campaign is obvious - it is artificial to create in the eyes of citizens of these countries from Russia the image of the enemy in order to justify the very existence of the NATO bloc in the absence of an external threat and significantly weakening the Russian Federation (forcing it for reasons of diplomatic nature to slow operations against terrorists in Chechnya, And aggravate the conflict in the North Caucasus) to achieve from it unilateral concessions to the detriment of its vital national interests. The author notes that in fact, the legislation of all developed democracies describes in great detail the procedure for attracting and using armed forces in intra-state conflicts or other emergencies. For example, in the basic law of the FRG, 25 articles out of 149 deal with the order of the armed forces' activities in special conditions. The Austrian Constitution also regulates in great detail the procedure for involving armed forces in solving internal problems in emergency circumstances. There are no such articles in the constitutions of the United States, Great Britain, France, Italy and Spain - they contain only general provisions, but in the laws of these states this aspect is fully regulated by parliamentarians, which provides the necessary legal tools for legitimate and operative intervention by the armed forces to ensure internal security State in case of emergency. The author notes that in the structure of the armed forces and the police system of France, Italy and Spain there is a special component - the gendarmerie, which simultaneously performs the functions of military police, border troops, customs and at the same time is a backup of the civil police, ensuring the fight against riots in these countries. Nevertheless, the legislation of these countries provides for the direct participation of the regular armed forces in addition to the police and gendarmerie forces to ensure internal security, in case of emergency. In the United States and Britain, these tasks of ensuring internal security in addition to the police forces are traditionally performed by regular units and formations of the armed forces. The author gives concrete examples of this application and notes that the legal support for this specific activity of the armed forces is regulated in great detail in federal laws of the USA and on the basis of subordinate regulatory legal acts - executive orders of the US President, orders of the Minister of Defense, regulations and instructions of the Army and Navy Infantry.
Keywords
институт исполнения наказаний, вооруженные силы, внутрикризис-ная ситуация, государство, массированная кампания, информация, формирование общественного мнения, penal system, armed forces, crisis situation inside, state, mass campaign, information, formation of public opinionAuthors
| Name | Organization | |
| Bykov Andrey V. | The Scientific Research Institute for the Execution of Sentences | |
| Kikot-Gloukhodedova Tatiana V. | Moscow University of MVD | kikot12@mail.ru |
References
The possibility and permissibility of attracting the armed forces to the authorization of intracrisis situations in the state | Tomsk State University Journal of Law. 2017. № 26. DOI: 10.17223/22253513/26/2