Legislation of the Russian Federation on private military companies. Legalization of private military companies: conflict with the criminal code. Pros and cons of PMCs
The bill on PMCs could be submitted to the Duma within a month
The first deputy chairman of the lower house of parliament committee on state construction and legislation, Mikhail Yemelyanov, said on Wednesday that a bill would be submitted to the State Duma that would... A day earlier, Foreign Minister Sergei Lavrov spoke about the need to protect the interests of our citizens working in PMCs abroad. By the way, this is not the first attempt to legalize the activities of PMCs.
Why exactly now they are talking about legalizing PMCs again and how the issue of the conflict between the draft law on PMCs and the Criminal Code of Russia will be resolved, who will be responsible for PMC employees and how they can buy or receive weapons, MK learned from an expert.
Private military companies have become quite common elements of the landscape in 20th century conflicts. The first PMC appeared in Britain in the 60s. But they mainly solved problems of protecting important objects and worked in the “gray zone”. Western states made them a tool for solving problems where regular troops could not “show up.”
The end of the Cold War marked the beginning of the legalization of the activities of such companies. Since then, attempts have been made to legitimize PMCs, both at the level of individual states, and to spell out their rights and responsibilities at the international level. The impetus for intensifying this activity was the scandal with the American Blackwater in Iraq. Its fighters were accused of shooting civilians and torturing prisoners of war. As a result, the issue of PMC liability became very acute.
On September 17, 2008, the Montreux Document was adopted - a certain set of recommendations rather than strict rules. This was the first attempt at the international level to regulate all aspects of the activities of private military companies. According to this document“PMCs are private business entities that provide military and/or security services, regardless of how they characterize themselves. Military and security services include, but are not limited to, the armed guard and protection of persons and objects, such as transport convoys, buildings and other locations; maintenance and operation of combat systems; detention of prisoners; and advising or training local military personnel and security guards.” In general, nothing is said directly about the conduct of hostilities.
In Russia, the activities of PMCs fall under two articles of the criminal code: “Mercenarism” and “Organization of an illegal armed group.” It is also impossible to buy military weapons in our country. However, the issue of legalizing PMCs has been discussed for 6 years. Back in 2012, Vladimir Putin outlined the need for such structures, and even an active discussion of the bill began in the State Duma, but at the last stage it was scrapped. Until now, there have already been about four attempts to transfer private military companies in Russia to a legal basis.
Apparently, it is now time to ignore media reports about the activities of Russian PMC Wagner and the supposedly existing “Turan” battalion operating in Syria has already become difficult, to put it mildly. According to one of the authors of the bill, Mikhail Emelyanov, PMCs have proven themselves excellent in Syria and are excellent for protecting the interests of allied states from external aggression and participation in anti-terrorist operations. That is, we officially indicate that our PMCs will conduct precisely fighting. True, apparently, only by invitation and through some official structures.
The bill is still at the preparation stage. However, it is already clear what problems he must solve and what conflict issues he must resolve. MK spoke with Vladimir Neelov, an expert at the Center for Strategic Conjuncture, about the future bill and pressing issues in its preparation.
- How can a conflict with the Criminal Code of Russia be resolved? After all, according to it, PMCs are subject to two articles.
I think that the conflict is taking place now only because there is no law on PMCs, there is no concept of “PMC employee.” Now, according to the Criminal Code of the Russian Federation, everyone who participates in armed conflicts falls under the definition of “mercenaries” for a number of reasons. This happens, I repeat, simply due to the fact that the concept of PMCs and their activities are not legalized. The adoption of the law introduces essentially a new category and, as a result, will remove a number of issues. The concepts of “mercenary” and “PMC employee” will most likely be separated.
According to the Montreux document, PMCs are not directly involved in conflicts. Rather, they perform the functions of a security company or provide consulting services. We, it seems, are trying to make PMC employees full-fledged combatants. What might this entail?
This interesting pattern can be traced. All attempts to legalize the activities of PMCs came from the Spravedrossov. And this case was no exception. By the way, Mikhail Emelyanov is a lawyer by training and the team that works on such bills also perfectly understands all the international consequences of the adoption of such a document. I cannot draw any conclusions yet, since the bill cannot yet be read. Judging by Emelyanov’s statement, we decided to rely on recognizing PMCs as combatants. And we need to take into account that international legislation in this area is also not developed, and Russia will be able to put forward its own initiatives. The UN working groups already have such experience. It seems to me that the team working on the bill will make the wording more streamlined.
- How will the problem with the purchase of weapons be solved, since it is also impossible to buy them officially in Russia?
I think this can be resolved through licensing of all PMC activities. I think this procedure should also be described in the bill. I assume that there will be a list of weapons that will be available to PMCs and requirements for employees. In this regard, the question will arise: “Who will deal with licensing?” This suggests three structures - the FSB, the Ministry of Defense and the Ministry of Internal Affairs. Or an interdepartmental commission.
What social guarantees, in your opinion, should be specified in contracts? In the event of a conflict between a PMC and other social institutions abroad, how should the state whose citizens work for this PMC behave?
I think the functions here will be divided between the state and the company itself. At the global level, the protection of the rights of citizen employees of PMCs will be ensured by the state. For example, in the event of being captured. The United States has an ideal model of behavior in such situations: it first takes its citizens to its territory, and then deals with them (or doesn’t deal with them, as often happened in Iraq). There is another variant of the situation - if the PMC is hired by a transnational corporation. Then it turns out that the hiring company must bear responsibility. And from the point of view of social guarantees, they will most likely fall on the shoulders of the PMCs themselves. Most likely, a procedure for insuring the employee’s life and health will be developed.
- Why did they start talking about this already at the end of the campaign in Syria?
If we look globally, Russia’s involvement in conflicts around the world is increasing every year. And every time starting an operation using armed forces, firstly, it is expensive, and, secondly, society will be dissatisfied, since the burden of financing will fall on the shoulders of citizens. Here we must not forget about the interests of Russian companies that want to act on African continent. And they will also need protection in this troubled region. And then PMCs will be able to provide it. Speaking specifically by country, Sudan is in our sphere of interests. Although the problem with Afghanistan is no less acute, negotiations are actively underway on the Taliban. This is a vitally important story for us there - drug trafficking from Afghanistan.
By the way, as a MK source close to PMCs in Syria reported, most likely they began to actively develop the topic of legalization of PMCs precisely because of the need for a presence in Africa.
There will be no army there. There will be PMCs,” the source said.
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“The government of the Russian Federation should become the beneficiary”
What will the legalization of mercenaries bring to Russia? Interview with the author of bills on PMCs
Ministry of Defense of the Russian Federation/Global Look Press
The head of the State Duma Defense Committee, Vladimir Shamanov, said on February 14 that in light of the latest events in Syria, the draft law on the legalization of private military companies (PMCs) has acquired additional relevance. The document was recently submitted to the State Duma and has now been sent to the Government of the Russian Federation for feedback. Similar bills have been submitted to the State Duma four times since 2012, but were rejected. One of their authors, director of the Independent Scientific Foundation “Institute for Security and Sustainable Development”, member of the expert council of the Committee on Security and Anti-Corruption of the State Duma of the Russian Federation, Viktor Ananyev, reported this to the site today.
— The text of the bill that Shamanov spoke about has not yet been disclosed. You participated in the preparation of similar projects twice - in 2015 and 2016. What are they basic principles?
— When we were preparing the first edition of the law “On Private Military Security Activities,” we noted that private armed units appeared almost 60 years ago on the initiative of private individuals. Then the intelligence services and other government agencies paid attention to them, and they realized that PMCs could be used unofficially to solve certain problems.
Today, some private armed units make money for state elites, others solve major political issues for supranational structures of coordination and control. The authorities of a number of countries saw in PMCs the mechanisms of their big politics aimed at eliminating nation states. Everyone understands that the arrival of PMCs in a particular country can change the internal political climate.
In this regard, control is needed over PMCs. I believe that control should be threefold: compliance with the norms of international law, the legislation of the state of origin and the legislation of the state where the PMC operates. There are no official PMCs in Russia.
Alexey Sukhorukov/Xinhua/GlobalLookPress
— Will you participate in the discussion of the draft law announced by Shamanov?
- I think yes. We will participate at the expert level and will try to do everything to ensure that the document meets the interests of our state. I haven't seen the document yet. But I assume that it is based on versions of bills, the editions of which were previously prepared by our institute.
—Can you tell me how many private military companies are operating in Russia today?
— None of them advertise their activities. We know some businessmen who work abroad. But they don't talk about the size of their companies. This is a trade secret, and I understand them. Officially, they provide consulting services, and if they publish true information, they will fall under an article of the criminal code. Only irresponsible people are not shy and declare: “We are a PMC!” Shout - the competent authorities will probably soon become interested in you.
Speaking in a global sense, there are a huge number of large and small PMCs in the world. I think the number goes into the thousands. Under international document Montreux (on regulating the activities of PMCs. - Ed.) About 70 countries have currently signed up. That's quite a lot.
PMCs have become a kind of independent international industry, the volume of this market is estimated from 150 billion to 250 billion dollars a year. Such facts cannot be ignored.
- Who should Russian PMCs report to - the Ministry of Defense, the FSB?
— Being commercial organizations, PMCs must maintain at least a minimum number of their staff, therefore, in our draft law, they legally had to protect the facilities of the Ministry of Defense. This allows us to distinguish between the areas of activity of PMCs and private security organizations. On the other hand, at the command of the Russian government and in accordance with the agreement, a PMC can recruit people to perform other tasks. The Ministry of Industry and Trade, which oversees foreign economic activity, can also license the activities of PMCs abroad. It is unwise to use law enforcement agencies and other security forces, since they perform their specific tasks.
If you take foreign experience, USA, then PMCs there are controlled by the Pentagon and the State Department. For a number of reasons, we cannot draw analogies between the United States and Russia, therefore we believe that the beneficiary of PMCs should be the Government of the Russian Federation. At the same time, there should be no more than 10-15 such companies in Russia.
Matt Cetti-Roberts/ZUMAPRESS.com/Global Look Press
— What specific “other tasks” can we talk about?
— The main task is to protect the property and interests of the state abroad. By the way, we have a lot of property abroad. Take, for example, Gazprom or LUKOIL. Who should provide security for the internal perimeter of their overseas facilities? The FSB has its own tasks, the Ministry of Defense has its own...
— Probably the security services of these companies...
— And our own security services are not legalized either. And there is not a single company security service ready to ensure the security of its facilities abroad. They may have specialists, but they don't have weapons. By the way, PMCs receive the necessary weapons in the host country. It is important to note that employee training for private security structures does not meet the level of PMC requirements. There is too much to know and be able to do.
As a result, who guards the facilities of OJSC LUKOIL in Iraq? Englishmen! What if you need to build, for example, a 500-kilometer railway in Syria? Who will take care of its protection if the Syrian government does not have enough forces and resources for this? After the Syrian authorities gain confidence in their abilities, PMCs can return to their homeland.
At the same time, Russia also has interests in the construction of ports and nuclear power plants abroad... Again, PMCs can protect oil fields, pipelines and many other objects.
Institute for Security and Sustainable Development
- Okay, let's take Syria as an example. Units of the Russian Ministry of Defense are officially located there. Why do we need PMCs?
— PMCs are needed to ensure that units of the Russian Ministry of Defense carry out their direct responsibilities. Protecting oil fields is expensive. And if the Russian Government concludes an appropriate agreement with Syria and sends PMCs there, then the problem will be solved.
— It turns out that the adoption of a law on PMCs is exclusively a legal issue.
- Certainly. I would like to draw your attention to the fact that the presence of any military personnel abroad is the presence of someone else’s army. This can hardly be perceived in a positive way. PMCs are a different matter if there are official agreements between the parties. With their help, taking into account international law, it is possible to more easily resolve certain issues.
“However, the latest news about PMCs is of a different nature. They are credited with participating in the fighting. Again, there is an opinion that the legalization of PMCs in Russia is a kind of gratitude to Wagner PMCs for their participation in the war in Donbass.
— You can talk and write a lot about this. It’s difficult for me to judge this, because I have not witnessed the participation of PMCs in hostilities. I know the needs of the country as an expert, but I cannot draw logical parallels with Donbass. They say that karate was banned in the USSR because a relative of a Politburo member was beaten. Or maybe there were other reasons?
As for the tasks, PMCs are not trained for military operations. Yes, employees of such companies know how to handle weapons. But our military police also carry weapons.
For example, not a single foreign PMC has a requirement that it must participate in hostilities. The Montreux Doctrine speaks about this. If a PMC is sent abroad, it must be prescribed how and what its representatives must defend with arms in hand.
PMCs must strictly comply with the requirements of humanitarian law; you cannot do whatever you want with weapons in your hands. There must be responsibility - this should also be discussed in the law on PMCs.
— It is believed that the death of PMC fighters does not carry such political tension as the death of full-time employees of defense departments. And this is supposedly another reason for the legalization of private military companies in Russia.
- I don't think so. If the law on PMCs is adopted and someone in Russia uses this tool to conduct military operations, then this will also be controversial and problematic. The introduction of PMCs does not solve the problems of providing the warring parties with resources. They solve specific problems.
— At the same time, for some reason you do not recognize the existence of the Russian PMC Wagner, about whose activities only the lazy have not spoken out.
“I’ve seen a lot of things, I know and I’m quite well informed. Yes, there is a certain formation. But it is very difficult to distinguish truth from untruth here. And I don’t really want to engage in speculation.
Yoshio Tsunoda/AFLO/GlobalLookPress
— The law on PMCs should address the issue of financing these companies? Is it only private capital or also state support?
— I think the financing may be mixed. But the point is that we practically do not have a single organization that could do everything from scratch on its own. According to very authoritative experts, to train 30 thousand PMC employees, you need a district training ground, one year and approximately 100 million dollars. Therefore, the state will invest in this matter. This does not mean that the PMC will only consume and return nothing. I think all financial mechanisms will be worked out and there will be no problems here.
— Does the document specify the terms of concluding contracts and insurance?
— Of course, the area of responsibility, social and legal guarantees are specified.
— What about weapons?
“There are no problems here, and the issue of transporting weapons across the border is also not an issue. Coming to another country, be it Libya, Syria, Iraq, Morocco or Venezuela, a PMC employee receives any weapons on the basis of an official agreement with the government of that country.
Aasif Shafi/ZUMAPRESS.com/GlobalLookPress
— But if there are no weapons that PMC fighters are used to using?
— If for you, as a journalist, the main weapon is a notebook with a pen, then for a PMC employee there is no need to have planes, helicopters and tanks, small arms are enough for him. And it is not in short supply anywhere. Again, if the task is to build a fort or other object, weapons are not needed for this.
— To summarize, do you entrust the PMC with the role of a peaceful defender of the interests of the Russian Federation abroad?
— Of course, you need to protect your interests abroad. At one time we asked questions to all law enforcement agencies, and none of them, as it turned out, wants to deal with this topic. Everyone has their own tasks, as I already said.
Russian PMCs must have one beneficiary - the government of the country, and at the same time they must be included in the mobilization readiness of our Armed Forces. But it is not worth saying that PMCs are a kind of reserves for the Russian Armed Forces. We will always find people to fight, and private military companies are not needed for this. PMCs are expensive, and they need to be used wisely.
Death of Russian mercenaries in Syria, criminal cases and other PMCs
On February 12, it became known about the airstrike that the international coalition led by the United States carried out against Russian mercenaries from the so-called Wagner PMC. Data on the circumstances of the military conflict that occurred in the province of Deir ez-Zor vary. According to one version, supporters of Bashar al-Assad, among whom were fighters from the Wagner PMC, attacked the headquarters of the Syrian Democratic Forces, where American military advisers were located. Coalition forces launched an airstrike against the attackers, killing an estimated 100 to 300 people. At the same time, in social networks Rumors spread about the death of “from 200 to 600 fighters” of the Wagner PMC near Deir ez-Zor. On February 15, Russian Foreign Ministry spokeswoman Maria Zakharova announced that five people had died as a result of an airstrike in Syria.
According to a source from the Kommersant newspaper, the cause of the incident in the province of Deir ez-Zor was an attempt by local “big businessmen” to seize oil and gas fields controlled by US allies.
The Ministry of Defense denied the presence of Russian troops in the area of the attack, and added that the coalition forces acted in self-defense. At the same time, Bloomberg, citing two sources, reported that the injured Russian mercenaries were taken to hospitals of the Russian Ministry of Defense in Moscow and St. Petersburg.
After the first reports of the death of Russians, several videos filmed from drones appeared on the Internet, allegedly showing air strikes on the Wagner PMC. However, their authenticity is still in doubt.
Bills legalizing the activities of private military security companies have been introduced to the State Duma four times since 2012, but were rejected as contrary to the Constitution. Officially, the creation and participation in private military companies in Russia now falls under the article “Mercenarism” of the Criminal Code of the Russian Federation.
Novaya Gazeta told how in October 2013, 267 Russians from the Slavic Corps PMC could simultaneously receive prison sentences for mercenarism. Under a contract with the Syrian Ministry of Oil and Mineral Resources, they were supposed to recapture a number of objects from terrorists. During the battles, the mercenaries lost their documents and were urgently taken to Russia and registered. For the leaders of the “Slavic Corps” Vadim Gusev and Evgeny Sidorov, “contact” with the FSB ended in criminal cases, sentences and real terms under Article 359 of the Criminal Code. Since then, as Ananyev’s website stated today, there have been no such high-profile criminal cases in Russia.
In January 2018, the first deputy chairman of the Committee on State Construction and Legislation, Mikhail Emelyanov, reported that the law on PMCs plans to include restrictions for private military companies - they will be prohibited from violating sovereignty and changing the borders of states, overthrowing legitimate authorities, conducting subversive activities, developing, purchasing or store weapons of mass destruction. The law will allow PMC employees to participate in counter-terrorism operations abroad and to protect the sovereignty of allied states from external aggression. In this case, PMCs are expected to participate in the protection of various objects, including oil and gas fields and railways.
As for the Wagner PMC, according to data from open sources, the fighters are financed through the Russian Euro Polis LLC, which, as Fontanka wrote in June 2017, is allegedly affiliated with the famous St. Petersburg businessman Yevgeny Prigozhin, who is called none other than the “Kremlin chef”. According to Reuters, over 9 months of 2017, more than 130 Russians who were not active Russian military personnel were killed in Syria.
Foreign media name Custer Battles, Blackwater Security Consulting, ErinysIraq Ltd, Hart Group, Kroll, Military Professional Resources, Inc., Titan Corporation among well-known large PMCs.
The state benefits from the existence of mercenaries, but it also does not want to lose its monopoly on the use of force. © Photo from the website of the Ministry of Defense of the Russian Federation
The US Army strike carried out on February 7 against pro-Assad troops in the Syrian Deir ez-Zor area, which resulted in the death of an unknown number of Russians who fought, as in the ranks of a private military company (PMC), raised the the question of the need to legalize the activities of such structures in Russia. It so happened that on at the moment The State Duma is currently working on preparing a bill on this topic.
Such an initiative was put forward by a group of deputies from A Just Russia back in January of this year, who have been unsuccessfully trying to achieve the adoption of a corresponding law for several years. The “Socialist Revolutionaries” were prompted to introduce another bill on the legalization of PMCs (already the fourth in a row) by a recent statement by Foreign Minister Sergei Lavrov, who called for the removal of private military companies from the “gray zone.”
Deputies have already developed a concept for the project and sent it to the government for feedback. They expect that officials will express their position by the end of February, and as early as March the bill could be officially submitted to the State Duma.
They also plan to develop their own version of a bill on this topic in “ United Russia" Last week, several prominent representatives of the party in power showed public interest in the topic. Among them are the first deputy head of the United Russia faction Andrei Isaev, the head of the State Duma Committee on Defense Vladimir Shamanov, the first deputy chairman of the State Duma Committee on Economic Policy Vladimir Gutenev and deputy Dmitry Sablin, also known as one of the leaders of the all-Russian public organization of veterans “Combat Brotherhood”.
United Russia does not give specific dates for the preparation of its bill: some say almost the next few months, others indicate that this work will take at least a year. So, Shamanov intends to start by convening an expert commission and analyzing existing materials on this topic. And Gutenev announced plans to assemble an interdepartmental working group to develop the project.
Statements on the issue of legalizing PMCs were also made in the Federation Council. But, unlike deputies, senators are much less enthusiastic and prefer to speak more cautiously on this topic. And some of them, like Franz Klintsevich, completely refuse to communicate with journalists. Although he is clearly aware of the initiatives being discussed, since at one time he himself prepared a draft law on this topic and is informally considered one of the main lobbyists for the interests of PMCs in Russia.
Meanwhile, according to Rosbalt, the FSB is against the adoption of the law on PMCs, and the Ministry of Defense also sees great risks. As for the Kremlin’s position on this issue, it does not have one, as presidential press secretary Dmitry Peskov previously stated.
One of the authors of the new “Socialist Revolutionary” version of the law on PMCs, State Duma deputy Mikhail Emelyanov, in a conversation with a Rosbalt correspondent, also admitted that his project was not agreed upon with representatives of law enforcement agencies. Although several people still took an active part in its development former employees Ministry of Defense, the deputy said. With a high degree of probability, Emelyanov admits that the Socialist Revolutionary bill will not find support in the government. “But then it may turn out that although ours will be rejected, they will accept theirs, or the government itself will introduce its own version,” he suggested.
The adoption of the law on the legalization of PMCs is being lobbied by veteran communities, an interlocutor familiar with the situation noted in a conversation with Rosbalt. It is known that now in Russia there are more than five million retirees from among the former military personnel (with a total number regular army 1.2 million people). After leaving the army, people often find themselves unsettled in life, so the possibility of continuing to serve in legal PMCs would make it possible to solve, among other things, many social problems. However, there are other interested parties who will benefit from the adoption of the law and will allow them to enter the international market by concluding, for example, contracts with Russian companies, working abroad.
So in the near future Okhotny Ryad, apparently, a non-public struggle will unfold between those who defend the interests of private structures and opponents of the adoption of the law from among the security forces.
People in uniform oppose the legalization of PMCs, if only because they are not interested in destroying the state’s monopoly on the use of force and the emergence of some parallel “private armies” possessing military weapons. In addition, the current state of affairs, when PMCs operate in the “gray” zone, can also be beneficial for political reasons, especially when conducting military operations abroad, as, for example, now in Syria.
“In Russia, the main purpose of PMCs is to ensure the conduct of ground operations under the slogan “Ihtamnet” and to go in the first line, bare-chested, against machine guns and artillery pieces. And thereby give the Kremlin freedom to maneuver, so that if necessary it can say: “What do we have to do with this?” Our military personnel are not there!“, former State Duma deputy Viktor Alksnis describes the essence of what is happening. He recalled that at the very beginning of the Syrian campaign it was publicly promised that “there would be no Russian participation in ground operations and this is absolutely excluded.” And then, in his words, “they came up with a move with PMCs, which will not happen.”
According to Alksnis, up to a thousand Russians join the ranks of “soldiers of fortune” every year. At the same time, unlike military personnel, these people do not have any social guarantees, but there is the prospect of falling under a criminal article on mercenarism. By the way, the Social Revolutionaries, in their bill on the legalization of PMCs, propose to retain this article in the Criminal Code.
Elena Zemskova
Below is the text of the bill in its entirety. Consultations with various law enforcement agencies of the Russian Federation on the creation of a PMC industry in the country have been held with varying degrees of success with representatives and authors of the Almanac “The Art of War” since 2009. Five years have passed. As a result, on the second attempt, the resulting bill was submitted to the State Duma. We recommend that you read it carefully.
STATE DUMA OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION OF THE SIXTH CONVOCATION
DEPUTY OF THE STATE DUMA
To the Chairman State Duma Federal Assembly of the Russian Federation S.E. NARYSHKIN
Dear Sergey Evgenievich!
In accordance with Article 104 of the Constitution of the Russian Federation, I am introducing a draft federal law “On Private Military Security Companies” as a legislative initiative for consideration by the State Duma of the Federal Assembly of the Russian Federation.
The adoption of the bill will not lead to changes in the state's financial obligations.
Application:
Text of the bill on 35 sheets in 1 copy.
Explanatory note on 3 sheets in 1 copy.
Financial and economic justification 1 sheet in 1 copy.
List of acts of federal legislation subject to repeal, suspension, amendment or adoption in connection with the adoption of this bill on 1 sheet in 1 copy.
Copies of the text of the bill and materials thereto on magnetic media.
Sincerely,
Marukhina A.D.
G.S.Nosovko
State Duma of the Federal Assembly of the Russian Federation
Date 10/22/2014
Time 10:04
No. 630327-6; 1.1
Introduced by Deputy of the State Duma of the Federal Assembly of the Russian Federation G.S. Nosovko
FEDERAL LAW ON PRIVATE MILITARY SECURITY COMPANIES
Chapter I. GENERAL PROVISIONS
Article 1. Subject of regulation
1. This Federal Law regulates relations in the field of organization and implementation of activities of Russian and foreign private military security companies located on the territory of the Russian Federation.
2. This Federal Law establishes:
1) types of activities of private military security companies and a list of services provided by such companies;
2) the procedure for the creation, reorganization and liquidation of private military security companies, the implementation of their activities, as well as licensing of private military security companies;
3) the procedure for interaction of private military security companies with bodies authorized to exercise state control (supervision);
4) application procedure special means and firearms in the implementation of private military security activities;
5) guarantees of social and legal protection of persons engaged in private military security activities.
Article 2. Legal basis of private military security activities
1. The legal basis for regulating the activities of private military security companies is the Constitution, generally recognized principles and norms, international treaties, the Russian Federal Law and other federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, as well as regulatory legal acts adopted in accordance with them legal acts of other federal bodies state power.
2. Private military security companies operate on the basis of a license issued in the manner established by the legislation of the Russian Federation.
3. If an employee of a private military security company used special means or firearms in excess of his powers, extreme necessity or necessary defense, then an internal audit is carried out in relation to such employee. When it is established that an employee is guilty, he is held accountable.
Article 3. Basic concepts used in the law
This Law uses the following basic concepts:
1) Private military security company - legal entity, having the Russian Federation, international law, the Federation, this special permit (license) of the Federal Security Service, specializing in the provision of military and security services to the state, individuals and legal entities (including foreign ones) on a contractual basis.
2) Employee of a private military security company - individual who has reached the age of eighteen, has completed vocational training, passed a qualification exam and has entered into a contract with a private military security company in accordance with the procedure established by this Law;
3) Customer of military security services - an individual or legal entity, as well as a state, including a foreign one, that has entered into an agreement for the provision of military security services with a private military security company.
Chapter II. PRIVATE MILITARY SECURITY ACTIVITY
Article 4. Types of activities of private military security companies
1. Private military security companies may provide military, security and (or) consulting services.
2. Military services include:
1) demining of territory, buildings, structures;
2) armed escort of sea vessels in case of attack;
3) mediation and alternative resolution of armed conflicts outside the Russian Federation.
3. Security services available:
1) security of government institutions, military facilities, commercial courts, higher officials;
2) escort of columns, convoys;
3) unarmed escort of commercial and civil ships;
4) equipping the ship with passive means of protection;
5) installation of cargo identification means;
6) sale of inspection and anti-terrorist equipment.
4. Consulting services include:
1) provision of military translator services;
2) training of security forces personnel;
3) conducting a safety assessment of the facility;
4) military consulting services.
Article 5. Types of activities that cannot be carried out by private military security companies
Private military security companies are prohibited from carrying out activities aimed at:
1) overthrow the government or undermine the constitutional order of the state;
2) undermining the territorial integrity of the state;
3) sale of weapons without an appropriate license;
4) seizure of foreign territory.
Article 6. Provision of services by private military security companies
The provision of services in all areas of activity of private military security companies must be carried out in accordance with the norms of the current national legislation, as well as the provisions and principles of International law.
Article 7. Features of the requirements for a contract for the provision of military services
1. A private military security company is obliged to enter into a written agreement with each of its customers, which specifies the list of military security services provided to the customer. The contract must indicate the license number of the private military security company.
2. If the customer changes his requirements, the parties must sign an additional agreement in which the list of services may be changed.
3. The contract for the provision of military security services and the certificate of completion of work are subject to storage for five years.
4. Private military security companies have no right to enter into lease agreements vehicle with a crew (act as a lessor), commercial concession, contracting (act as a producer of agricultural products) and some others. General provisions on contracts and obligations contained in the Civil Code of the Russian Federation are also not fully applicable to relations with the participation of military organizations. The content of agreements concluded by military organizations is limited to the areas, goals of activity, property regime, as well as the content of the constituent documents of military organizations, the type of agreement, and the limit of budgetary obligations.
Chapter III. CONTROL OVER PRIVATE MILITARY SECURITY ACTIVITIES
Article 8. System and powers of state bodies exercising supervision and control over private military security activities
1. Monitoring of private military companies’ compliance with the requirements of the legislation of the Russian Federation and the goals provided for by their constituent documents is carried out during federal state supervision of their activities by an authorized body in accordance with its competence in the manner established by the Government of the Russian Federation.
2. State supervision of the activities of private military security companies is carried out in the manner prescribed by the Federal Law of December 29, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”
3. At the request of the authorized body or its official, private military security companies, in the manner established by the legislation of the Russian Federation, are obliged to:
1) submit administrative documents;
2) provide statistical information on the financial and economic activities of private military companies;
3) not interfere with the verification of the compliance of the activities of a private military security company, including with respect to the expenditure of funds, the export of Russian military products, the use of property and equipment, with the purposes provided for by its constituent documents;
4) in case of detection of a violation of the legislation of the Russian Federation or the commission of actions by a private military security company that are contrary to the goals provided for by its constituent documents, eliminate the violations within the period prescribed by the body that conducted the inspection.
4. Control of the activities of private military security companies is carried out through licensing of this type of activity in the order of issuing licenses by a specially authorized government body.
5. Executive authorities in the field of security have the right, in the manner established by their job descriptions, to verify the accuracy of information provided by private military security companies.
Article 9. Accreditation of private military activities
1. To carry out the activities of a private military security company, it is necessary to obtain a license to provide such services.
2. The provision of licenses for the activities of private military companies is carried out by executive authorities in the field of security. The license is granted for a period of five years and is valid throughout the Russian Federation. The license specifies the type(s) of services that the licensee may provide. The decision to grant or refuse a license is made within no more than forty-five days.
3. The Government of the Russian Federation approves a regulation on licensing the activities of private military companies, which establishes the procedure for licensing this type of activity and a list of licensing requirements and conditions for each type of service provided for in Article 4 of this Law.
Article 10. Issuance of a license to operate a private military security company
1. To obtain a license to operate a private military security company, the head of the company applies to the relevant executive authority for security with a written application for a license to operate such a company and a package of documents provided for in Art. 13 of this Law.
2. The application must indicate the full name of the legal entity, its organizational and legal form, its location, the intended type(s) of services, the intention to use technical and other means, weapons, special means.
Article 11. Grounds for refusal to issue a license to a private military security company
The basis for refusal to grant a license is the non-compliance of the license applicant with the licensing requirements and conditions.
Article 12. List necessary documents to obtain a license to operate a private military security company
1. To the application drawn up in accordance with paragraph 2 of Art. 10 of this Law, the following must be attached:
1) documents for each type of service provided for by the regulations on licensing the activities of a private military security company;
2) a document confirming payment of the state fee for the provision of a license;
3) copies of constituent documents;
4) a copy of the certificate of state registration of a legal entity;
5) a copy of the certificate of registration with the tax authority.
2. The procedure and conditions for submitting documents to executive authorities in the field of security are established by the Government of the Russian Federation in the regulations on licensing the activities of private military security companies.
Article 13. List of grounds for re-issuing a license to operate a private military company
A license to operate a private military company is subject to renewal in the following cases:
1) expiration of the license;
2) the licensee’s intentions to provide a new type(s) of services not specified in the granted license;
3) reorganization of a private military security company;
4) changes in the name of the military security company or its location.
Article 14. Procedure for re-issuing a license
1. Upon expiration of the license or if the licensee intends to provide a new type(s) of services, a representative of a private military security company submits an appropriate application and documents confirming these circumstances to the executive authority for security
2. In case of reorganization and (or) change of name of a private military security company, within fifteen days from the date of making the corresponding changes in the unified state register of legal entities, a representative of the company is obliged to submit to the executive body for security that issued the license a corresponding application with attaching documents confirming these circumstances.
3. In the event of a change in the location of a private military security company, a representative of the company, within fifteen days from the date of such change, is obliged to submit to the executive security authority that issued the license a corresponding application accompanied by documents confirming the specified circumstances.
4. A private military security company, within three days from the date of submission to the registration authority of an application for state registration related to the reorganization of a military company or a change in its name or location, is obliged to notify the Federal Security Service authority that issued the license about these circumstances.
5. The validity of the license for the period of its re-issuance is not suspended.
Article 15. Suspension of a license and revocation of a license
1. Identification by executive authorities to ensure security of a violation by the licensee of the conditions specified in Art. 5 of this Law entails the obligation of such a body to apply to the court to cancel the license of a private military security company.
2. A license may be canceled by a court decision based on a statement from the executive authority in the field of security if the licensee’s violation of license requirements and conditions entailed a violation of rights, legitimate interests, damage to the health of citizens, the defense and security of the state, and the cultural heritage of peoples of the Russian Federation, as well as in the event that the licensee fails to eliminate the identified violations within the prescribed period.
3. A licensee who has committed minor violations of licensing requirements in his activities will be issued a written warning by the security authority, which determines the period (no more than a month) for correcting the violations.
4. If the licensee ignores warnings, as well as detects repeated violations or gross violations of licensing requirements, the executive body for ensuring security suspends the license and sets a period (no more than a month) for eliminating the identified violations.
5. If, within the established period, the licensee has not eliminated the violation of licensing requirements and conditions, the executive body in the field of security is obliged to apply to the court to suspend the license for a period of up to six months or to cancel the license. The validity period of the license will not be extended during its suspension. Simultaneously with filing an application to the court, the executive authority in the field of security has the right to suspend the license for the period until the court decision comes into force.
6. The right to make a decision on the suspension of a license is granted in the manner established by the Government of the Russian Federation, to the head of the federal executive body that, within the limits of its powers, carries out tasks to ensure the security of the Russian Federation, to his deputies, to the head of the person authorized to carry out actions for licensing the activities of private military - security companies, the head of the Federal Security Service, the head of the federal executive body in the field of security for individual regions and constituent entities of the Russian Federation or persons performing the duties of these officials.
7. The decision to suspend a license or cancel a license may be appealed in the manner established by the legislation of the Russian Federation.
8. The following are considered gross violations of the activities of a private military security company:
1) violation of the rules for the circulation of weapons established by the legislation of the Russian Federation, if such violation:
a) entailed a violation of rights, legitimate interests, damage to the health of citizens or other grave consequences;
b) resulted in the loss, theft of a weapon or its use for criminal purposes; c) expressed in the issuance of weapons to an employee of a military company who does not have permission to store and carry military weapons, or to a person who is not an employee of this military company;
2) provision of services by the licensee without concluding an appropriate agreement or without notifying the executive authority in the field of security about the commencement of the provision of services;
3) provision by the licensee of services not provided for by his license, or services not provided for in Article 4 of this Law;
4) failure to provide access for officials of the executive body in the field of security during the verification activities provided for in Article 9 of this Law to places where weapons, special equipment and (or) official documentation are stored, reflecting the registration and use of weapons and (or) special funds, or preventing such access.
Article 16. Register of licenses of private military security companies
1. The maintenance of registers of licenses for the activities of private military companies and the provision of information from them are carried out in the manner established by the Government of the Russian Federation.
2. The executive body in the field of security, authorized to issue licenses to private military security companies, is obliged to place them in a single specially designed information system on the Internet there is a list of military security companies that have been issued a license to carry out the relevant activities.
3. The said body is also responsible for publishing a list of private military security companies whose license has been canceled or suspended.
Article 17. Public control of the financial and economic activities of private military security companies
In order to exercise public control over the financial and economic activities of a private military security company, the latter is obliged to annually publish its summary (consolidated) accounting (financial) statements.
Article 18. Audit of a private military security company
1 An audit of a private military security company is carried out annually. The auditor (citizen or audit organization) of the company audits the financial and economic activities of the company in accordance with the legal acts of the Russian Federation on the basis of an agreement concluded with him.
2. The procedure for electing and approving an auditor is determined by the Charter. The amount of payment for his services is determined by the General Director of the company.
Article 19. Auditor's report
Based on the results of an audit of the financial and economic activities of a private military security company, the auditor draws up a conclusion, which should contain:
1) confirmation of the reliability of the data contained in the reports and other financial documents of the company;
2) information about facts of violation of the procedure for maintaining accounting records and submitting financial statements established by legal acts of the Russian Federation, as well as legal acts of the Russian Federation when carrying out financial and economic activities.
Article 20. Reporting of subjects of private military activities
1. Private military security companies are obliged to provide free of charge to subjects of official statistical registration statistical data and administrative data necessary for the formation of official statistical information, including data containing information constituting a state secret, information constituting a commercial secret, information about taxpayers, personal data of individuals.
2. Private military security companies that have not received property and funds from international or foreign organizations, foreign citizens, or stateless persons during the year are required to submit to the authorized body or its territorial body an application confirming their compliance with this paragraph and information in any form.
3. Private military security companies, the cost of services provided, which is less than ten million rubles, are required to provide to the authorized body or its territorial body an application confirming their compliance with this paragraph, and information in free form about the continuation of their activities.
4. Private military company, with the exception of the provisions specified in paragraph 2-3 of this article, are required to submit to the authorized body documents containing a report on their activities, on the personnel of the governing bodies, as well as documents on the expenditure of funds and the use of other property, including received from international and foreign organizations, foreign citizens and stateless persons. The forms and deadlines for submitting these documents are determined by the authorized federal executive body.
5. Private military companies, with the exception of those specified in paragraph 3 of this article, are obliged to annually place in a single specially developed information system information about their activities in the amount of information submitted to the authorized body or its territorial body in accordance with the procedure and terms of placement established by the executive authority.
6. Private military companies specified in paragraph 3 of this article are required to annually post information in a specially developed unified information system in accordance with the procedure and terms of placement established by the executive authority.
Article 21. Monitoring of private military security activities
1. Monitoring of private military security activities is a system of observations in the field of military security services provided by such companies, carried out on an ongoing basis through the collection, synthesis, systematization and evaluation of information on the implementation of military security activities.
2. Monitoring of military security activities is carried out for the purposes of:
1) assessing the compliance of the activities of military security companies with the legal norms of the Russian Federation and the norms of International law;
2) improving the legislation of the Russian Federation and other regulations in the field of activity of private military security companies.
3. Monitoring of the activities of private military security companies is carried out using a specially developed unified information system and on the basis of the information contained in it.
4. The results of monitoring the activities of private military security companies based on the results of each year are compiled in the form of a summary analytical report, which is presented by the federal executive body for security. Requirements for the content and procedure for preparing a consolidated analytical report, as well as the timing of preparation of this report, are determined by the Government of the Russian Federation.
5.The summary analytical report is subject to placement in a unified information system and is publicly available. 6. The procedure for using a unified information system for the purposes of monitoring the activities of private military security companies is established by the Government Decree on the use of such a system.
Article 22. Additional terms carrying out private military activities
1. Employees of a private military security company are not allowed to combine security activities with public service or with an elected paid position in public associations.
2. An employee of a private military security company cannot be the founder (participant), director or other official of the organization with which the private military security company has entered into an agreement for the provision of services.
3. Security organizations enter into contracts with clients for the provision of security services in accordance with the provisions of Article 8 of this Law.
4. A mandatory requirement is that employees of a private military security company have a personal identification card of such a company, issued in the manner established by the relevant Decree of the Government of the Russian Federation.
5. Special uniforms and insignia of employees of private military security companies cannot be similar to the uniform and insignia of law enforcement officers and military personnel, or confusingly similar to them. The procedure for wearing special uniforms when providing various types of security services is established by the Government of the Russian Federation. Special coloring, information inscriptions and signs on vehicles of private security organizations are subject to approval by the internal affairs bodies in the manner established by the Government of the Russian Federation.
Chapter IV. CREATION, REORGANIZATION AND LIQUIDATION OF PRIVATE MILITARY SECURITY COMPANIES
Article 23. Founders of a private military security company
1. The founders of a private military company can be fully capable citizens and (or) legal entities.
2. The following cannot be a founder (participant, member) of a private military company:
1) foreign citizen or stateless person;
2) a person included in the list in accordance with paragraph 2 of Article 6 of the Federal Law of August 7, 2001 N 115-FZ “On combating the legalization (laundering) of funds obtained by criminal means and the financing of terrorism”;
3) a public association or religious organization whose activities have been suspended in accordance with Federal Law No. 114-FZ of July 25, 2002 “On Combating Extremist Activities”;
4) a person in respect of whom a court decision that has entered into legal force has established that his actions contain signs of extremist activity.
3. For the founder (participant) of a private military security company, this type of activity should be the main one.
4. The right to establish a private military security company by a legal entity carrying out other activities may be granted if there are sufficient grounds in the manner established by the Government of the Russian Federation.
5. Head of a private security organization does not have the right to hold government positions in the Russian Federation, government positions in constituent entities of the Russian Federation, civil service positions, elected paid positions in public associations, as well as enter into labor relations as an employee, with the exception of carrying out scientific, teaching and other creative activities.
6. The number of founders of a private military company is not limited, unless otherwise established by federal law. A private military security company can also be established by one person.
Article 24. Creation and registration of a private military company
1. A private military security company can only be created in the form of a limited liability company and cannot carry out other activities other than those specified in Article 4 of this Law. The authorized capital cannot be less than one hundred million rubles. Limit size property (non-monetary) contributions to the authorized capital of a private military security company cannot exceed 25 percent of the authorized capital. Raised funds cannot be used to form the authorized capital of a private military security company.
2. Alienation of shares (contributions) by the founder (participant) of a private military security company, which entails the appearance of a share (contribution) with foreign participation in the authorized capital, is not allowed, unless otherwise provided by international treaties of the Russian Federation.
3. For the founder (participant) of a private security organization, this type of activity should be the main one.
4. Branches of a private security organization can be created throughout the Russian Federation and beyond its borders.
Article 25. Constituent documents of a private military company
1. The constituent document of a private military security company is its Charter.
2. The Charter must contain the following information:
1) full and abbreviated corporate name of the private military security company;
2) information about its location;
3) information about the composition and competence of the company’s bodies;
4) information on the size of the authorized capital of the company;
5) rights and obligations of company participants;
6) information about the procedure and consequences of the withdrawal of a company participant from the company, if the right to leave the company is provided for by the company’s charter;
7) information on the procedure for transferring a share or part of a share in the authorized capital of the company to another person;
8) information on the procedure for storing the company’s documents and on the procedure for the company to provide information to the company’s participants and other persons;
9) other information provided for by Federal Law No. 14-FZ dated 02/08/1998 (as amended on 05/05/2014) “On Limited Liability Companies”. 3. The company’s charter may also contain other provisions that do not contradict this Federal Law and other federal laws.
Article 26. Management of a private military security company
The management process of a private military security company is regulated by the Charter of this company.
Article 27. Reorganization of a private military security company
1. A private military security company may be reorganized in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other Federal laws of the Russian Federation.
2. Reorganization of a private military security company can be carried out in the form of merger, accession, division, separation and transformation.
3. A private military security company is considered reorganized, with the exception of cases of reorganization in the form of merger, from the moment of state registration of the newly established company (companies).
4. When a private military security company is reorganized in the form of another company joining it, the first of it is considered reorganized from the moment an entry on the termination of the activities of the merged company is made in the unified state register of legal entities.
5. State registration of a private military security company that has emerged as a result of the reorganization and the entry into the unified state register of legal entities of the termination of the activities of the reorganized private military company is carried out in the manner established by federal laws.
Article 28. Liquidation of a private military security company
1. A private military security company may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. An application to the court for the liquidation of a private military company is submitted by the prosecutor of the relevant constituent entity of the Russian Federation in the manner prescribed by the Federal Law “On the Prosecutor's Office of the Russian Federation” (as amended by the Federal Law of November 17, 1995 I 168-FZ), the authorized body or its territorial body.
3. The founders (participants) of a private military company or the body that made the decision to liquidate a private military company shall appoint a liquidation commission (liquidator) and establish, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and timing for the liquidation of a private military company.
4. From the moment the liquidation commission is appointed, the powers to manage the affairs of the private military company are transferred to it. The liquidation commission appears in court on behalf of the private military company being liquidated.
5. The liquidation of a private military company is considered completed, and a private military security company is considered to have ceased to exist after making an entry to this effect in the unified state register of legal entities.
Chapter V. EMPLOYEES OF PRIVATE MILITARY SECURITY COMPANIES, GUARANTEES OF THEIR SOCIAL AND LEGAL PROTECTION
Article 29. Persons entitled to be employees of private military security companies
1. An employee of a private military company may be a capable citizen of the Russian Federation who has reached the age of eighteen years, has completed professional training to work in a private military company and has successfully passed a qualification exam.
2. An employee of a military company works under a contract with a private military company, and his employment is governed by the provisions of this contract.
3. Employees of a private military security company are not allowed to combine security activities with public service or with an elected paid position in public associations.
Article 30. Persons who do not have the right to be employees of private military security companies
An employee of a private military company cannot be:
1) a person under eighteen years of age;
2) a person who has not passed vocational training to work as an employee of a military company;
3) a person recognized by a court decision as incompetent or partially capable, or having illnesses that prevent them from performing the duties of an employee of a private military security company. The list of such diseases is established by the Government of the Russian Federation;
4) a person included in the list in accordance with paragraph 2 of Article 6 of the Federal Law of August 7, 2001 N 115-FZ “On combating the legalization (laundering) of funds obtained by criminal means and the financing of terrorism”;
5) a person who has been charged with committing a crime (until the issue of their guilt is resolved in the manner prescribed by law) and (or) having a criminal record for committing an intentional crime;
6) a person in respect of whom a court decision that has entered into legal force has established that his actions contain signs of extremist activity;
7) a public association or religious organization whose activities have been suspended in accordance with Federal Law No. 114-FZ of July 25, 2002 “On Combating Extremist Activities”;
8) those who terminated their powers early and (or) were dismissed from public service, including from the Armed Forces of the Russian Federation, other troops, military formations, law enforcement agencies, from the prosecutor's office, judicial authorities, on grounds that, in accordance with the legislation of the Russian Federation, are related with the commission of a disciplinary offense, gross or systematic violation of discipline, the commission of an offense discrediting the honor of a civil servant, loss of confidence in him, if less than three years have passed since such early termination of powers or such dismissal;
9) a person who has not passed the mandatory state fingerprint registration in the manner established by the legislation of the Russian Federation.
Article 31. Procedure for passing the qualification exam
The requirements for passing the qualification exam and the procedure for issuing a certificate for an employee of a military security company are established by the Government of the Russian Federation.
Article 32. Certificate of an employee of a private military security company
1. The certificate of an employee of a private military company is issued for a period of five years. The validity period of a certificate for an employee of a private military security company may be extended in the manner established by the Government of the Russian Federation. Extension of the validity period of a private military security company employee's certificate is carried out only after the employee has completed professional training under a professional development program in organizations accredited to carry out the relevant activities.
2. The certificate of an employee of a military company is canceled in the event of:
1) repeated bringing during the year an employee of a military company to administrative responsibility for committing administrative offenses encroaching on institutions of state power, administrative offenses against the order of management and administrative offenses encroaching on public order and public safety;
2) the occurrence of circumstances in which a citizen cannot qualify for the acquisition legal status employee of a military company;
3) expiration of the validity period of the certificate of an employee of a military company, voluntary refusal of such a certificate, or death of the citizen to whom such a certificate was issued.
3. The certificate of an employee of a military company is canceled by decision of the licensing authority. The procedure for its withdrawal is established by the federal executive body, which is responsible, within the limits of its powers, for solving problems to ensure the security of the Russian Federation.
4. For the issuance of a certificate (duplicate of a certificate) of an employee of a military company, as well as for re-issuance and amendments to the certificate of an employee of a military company, a state duty is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.
5. An employee of a military company, in accordance with the qualifications obtained, enjoys the rights provided for by this Law only during the period of validity of the contract signed with him by a private military security company.
Article 33. Requirements for candidates for positions of employees of private military companies
1. A candidate for an employee of a private military security company must speak the state language of the Russian Federation, as well as meet the medical and professional-psychological requirements of military service for specialties. To determine the established requirements, examination and activities for professional psychological selection.
2. Medical examination of candidates is carried out in accordance with the Regulations on Military Medical Examination. Based on the results of the medical examination, a conclusion is given on the candidate’s suitability for military service. The suitability of a candidate is determined according to the following categories:
1) A - fit for military service;
2) B - fit for military service with minor restrictions;
3) B - limited fit for military service;
4) G - temporarily unfit for military service;
5) D - not fit for military service.
3. A candidate recognized as fit for military service, fit for military service with minor restrictions, or partially fit for military service may be accepted for the position of an employee of a private military security company.
4. Activities for professional psychological selection are carried out by specialists in professional psychological selection in the manner determined by the Regulations on the procedure for military service. Based on the results of professional psychological selection, one of the following conclusions is made about the professional suitability of the candidate:
A candidate assigned to the fourth category of professional suitability based on the results of professional psychological selection cannot be accepted into a private military security company.
5. A candidate for the position of an employee of a private military security company, in addition to the requirements specified in paragraphs 1-4 of this article, must also meet the requirements for the level of:
1) education; 2) qualifications; 3) physical training.
6. The requirements provided for in paragraphs 4 and 5 of this article are established by the Minister of Defense of the Russian Federation or the head of the corresponding division of a private military security company.
Article 34. Insurance of the activities of employees of private military security companies
1. A private military security company is responsible for compulsory insurance of all its employees in case of sudden illness, injury and accidents.
2. When a private military security company provides services on the territory of a foreign state, an insurance policy for employees is issued at the place where such services are provided. The insurance policy must be issued in Russian and the official language of the foreign state, before sending an employee of a private military security company to a foreign state.
3. The insurance policy must provide for payment of medical care to employees providing military security services, including on the territory of a foreign state in the event of an insured event.
Chapter VI. ACTIVITIES OF FOREIGN PRIVATE MILITARY SECURITY COMPANIES
Article 35. Requirements for foreign private military security companies operating on the territory of the Russian Federation
1. A foreign company can organize its activities on the territory of the Russian Federation by creating:
representative offices;
2. In order for a foreign company to carry out private military security activities, it must register in accordance with the requirements of Russian legislation with the tax authority, statistics authority and state extra-budgetary funds, and also open a bank account.
3. A foreign private military security company must obtain a license to carry out its activities on the territory of the Russian Federation.
Article 36. Procedure for obtaining a license by a foreign company
The licensing procedure for a foreign private military security company is identical to the procedure for obtaining a corresponding license for a Russian company.
Copies of the constituent documents of a legal entity must be translated into Russian and notarized;
Article 37. Accreditation of foreign private military security companies
Accreditation of branches and representative offices of foreign private military security companies is carried out by the State Registration Chamber of the Ministry of Justice of the Russian Federation.
Article 38. Control over the activities of foreign private military companies
State control over the activities of foreign private military security companies is carried out by state authorities of the Russian Federation within the limits of their powers provided for by the Constitution of the Russian Federation and federal laws, as well as international acts and agreements, in order to ensure compliance with the provisions of this Federal Law.
The reporting procedure for foreign military security companies is identical to the reporting procedure for Russian private military security companies established by this Law.
Chapter VII. USE OF SPECIAL MEANS AND FIREARMS
Article 39. Conditions of application physical strength, special means and firearms
1. An employee of a private military security company has the right to use physical force, special means and firearms at protected facilities to prevent entry into protected facilities.
2. When using physical force, special means or firearms, an employee of a private military security company is obliged to:
1) strive to minimize harm;
2) warn of the intention to use them, and in exceptional cases, when delay with the use of physical force, special means or firearms creates an immediate danger to the life or health of citizens or employees of a private military security company or may entail other grave consequences, act without warning ;
3) provide first aid to persons injured as a result of the use of physical force, special means or firearms;
4) report to the subordinate on each case of the use of physical force, special means or firearms.
Article 40. Use of physical force by employees of private military security companies
An employee of a private military security company has the right to use physical force in cases of interference by third parties with the fulfillment of his direct obligations under the contract. The employee must warn the person against whom force will be used about the use of force.
The use of physical force is also possible in all cases provided for in paragraph 1 of Article 41 of this Law.
Article 41. Use of special means by employees of private military security companies
1. Special means are used by employees of private military security companies in cases where non-violent methods of preventive influence were used and did not produce the desired results:
1) to repel an attack on a protected object;
2) to repel an attack on employees of a private military security company or persons located at protected facilities;
3) to detain persons caught committing a crime at protected facilities, if these persons are trying to escape or there are sufficient grounds to believe that they intend to provide armed resistance to employees of a private military security company.
2. In a state of necessary defense or extreme necessity, a private military security company in the absence of special means or firearms has the right to use any acceptable means at hand.
3. The list of special equipment permitted for use by employees of private military security companies is established by the Government of the Russian Federation.
Article 42. Use of firearms by employees of private military security companies
An employee of a private military security company, as a last resort, has the right to use firearms in the following cases:
1) protection of persons located at protected facilities from attacks that threaten their life or health;
2) repelling an attack on employees of a private military security company that threatens their life or health, as well as stopping an attempt to seize their firearms;
3) detention of persons caught at protected facilities while committing a grave or especially grave crime against a person, protected facilities and trying to escape, as well as providing armed resistance to employees of a private military security company;
4) repelling an armed or group attack on protected objects, when it is impossible to repel said attack by other means;
5) warnings about the intention to use firearms, the need to sound an alarm or call for help;
6) stopping a vehicle by damaging it, if its driver creates a real danger to the life or health of employees of protected facilities or persons located at protected facilities, and also, under the specified conditions, refuses to stop or tries to enter or leave protected facilities, despite requirement of employees of a private military security company.
Chapter VII. RESPONSIBILITY FOR VIOLATIONS OF THE LAW BY A PRIVATE MILITARY SECURITY COMPANY
Article 43. Responsibility for violation of international law
1. A private military security company must monitor the compliance of its employees with the norms and principles of International Humanitarian Law, as well as Human Rights. If employees of a private military security company fail to comply with the norms of International Law, the company is obligated to terminate the contract with such employee.
2. Responsibility for violation of international humanitarian law by employees of a private military security company lies with the state that hired such a company.
Article 44. Responsibility for carrying out private military security activities on the territory of the Russian Federation without an appropriate license
Private military security activities should be carried out only on the basis of a license issued by authorized executive authorities. If the activities provided for in Article 4 of this Law are carried out by persons who do not have a license, their actions will be illegal. Such persons are brought to criminal liability in accordance with the relevant provisions of the Criminal Code of the Russian Federation.
Article 45. Responsibility for carrying out the activities of a private military security company in violation of the requirements of this Law
Failure of individuals and (or) legal entities to comply with the provisions of this Law entails bringing such persons to liability as provided for by the Legislation of the Russian Federation.
Chapter IX. FINAL AND TRANSITIONAL PROVISIONS
Article 46. Entry into force of this Federal Law
1. This Federal Law comes into force thirty days from the date of its official publication.
2. The provisions on bankruptcy of citizens who are not individual entrepreneurs provided for by this Federal Law come into force from the date of entry into force of the federal law on introducing relevant amendments and additions to federal laws.
3. Within a year from the date of entry into force of this Federal Law, the security authority monitors compliance by private military security companies with the requirements of the legislation of the Russian Federation and Resolutions approved by the Government of the Russian Federation in relation to the activities of private military security companies.
Article 47. Regulation of the activities of other security companies that existed before the adoption of this Law
Legal entities that carried out activities provided for in Article 4 of this Law, before the entry into force of this Law, must, within three years from the date of its entry into force, bring their activities into compliance with the provisions of this Law.
Article 48. Bringing regulatory legal acts into compliance with this Federal Law
1. To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring the regulatory legal acts issued by them into conformity with this Federal Law.
2. The Government of the Russian Federation should ensure that federal executive authorities bring their regulatory legal acts into compliance with this Federal Law.
3. Regulatory legal acts of the Russian Federation, until they are brought into compliance with this Federal Law, are applied to the extent that does not contradict this Federal Law.
EXPLANATORY NOTE to the draft Federal Law “On Private Military Security Companies”
Over the past two decades, the number of private military companies in the international market has grown significantly. This trend, on the one hand, is explained by the consequences of the Cold War, expressed in a decrease in the level of general state armament of countries and the transition of military services to the private sphere “on demand,” which significantly relieves the burden on the state budget. On the other hand, purely economic factor growing demand for military services in cases where the state is not able to realize its national interests in the security field due to political or legal difficulties.
Private military companies operate in more than 110 countries. Their total number is several hundred with a total number of employees of more than 5 million people.
According to the Association for International Peace Operations, the majority of PMC military services until 2010 were performed in Iraq, Afghanistan, Jordan, Kuwait, the United Arab Emirates, Colombia and other countries. In 2011-2012, there was a sharp increase in the participation of private military companies (USA, UK, Israel, South Africa, Belgium, etc.) in foreign countries, while the functions of private military companies expanded due to their performance of security functions of military facilities and government institutions and senior officials of foreign countries.
Thus, the development of this line of business is also attractive for the Russian Federation. The creation of private military security companies (hereinafter referred to as PMSCs) in our country will allow the Russian Federation to join the large world market. In addition, the annual volume of services provided by private military and security companies amounted to approximately US$350 billion in 2012, which exceeds the total military budget of the Russian Federation.
Further ignoring of such world practice and refusal to implement the corresponding bill will lead to an increase in the leaching of military specialists from Russia, the loss of trillions of rubles in lost national economic benefits in the key segment of the military-industrial complex for national security, as well as the military lag of the Russian Federation due to the underdevelopment of this institution.
In addition to the economic benefits for the Russian Federation, the creation of PMSCs will also help resolve social issues related to the reform of the Armed Forces and the subsequent sharp reduction of the army in recent years in Russia. Currently, the size of the army is less than 1 million people and further reductions in the size of the Armed Forces and military educational institutions continue. PMSCs can serve as a way to employ former military personnel who are highly qualified military specialists who went through local wars in the CIS and the Russian Federation.
The development of PMSCs in Russia is hampered by the lack of a regulatory framework guaranteeing the legality of their activities. PMSC employees are primarily military people; they carry out their activities mainly in military conflicts, which is associated with a high level of threat to life and their use of weapons, including combat weapons. However, according to the current version of the law “On Weapons”, the circle of persons who have access and the right to use military weapons is strictly defined and exhaustive.
This bill is aimed at establishing legal norms for state regulation of the creation and activities of PMSCs. It is proposed to include 9 chapters in the bill: “General Provisions”, “Control over private military security activities”, “Creation, reorganization and liquidation of private military security companies”, “Employees of private military security companies, guarantees of their social and legal protection” , “Activities of foreign private military security companies”, “Use of special means and firearms”, “Responsibility for violations of the law by a private military security company”, “Final and transitional provisions”.
It is proposed in Article 1 “Basic Concepts” to give the concept of a private military company, military services and state regulation of the activities of private military companies.
It is advisable to assign the function of licensing and monitoring the activities of PMSCs to the Federal Security Service. This service should be given the authority to register the activities of PMSCs and monitor the activities of PMSCs both on the territory of the Russian Federation and abroad. The Federal Security Service should be entrusted with the creation and maintenance of a unified information system, which will reflect the license numbers issued by PMSCs, as well as information on the conduct of the activities of PMSCs. Thus, the constant control of the PMC institution will be ensured, but at the same time, conditions will be created for the development of this institution.
The main beneficiary of the implementation of this bill will be the Government of the Russian Federation, having received an additional instrument for its activities that justifies its existence not only in the context of expanding the tax base, but also in the framework of increasing the flexibility of foreign and domestic policies.
FINANCIAL AND ECONOMIC JUSTIFICATION for the draft Federal Law “On Private Military Security Companies”
The adoption of the bill “On Private Military Security Companies” will not entail expenses covered by the federal budget and will not lead to a change in the financial obligations of the State.
LIST OF FEDERAL LEGISLATION ACTS SUBJECT TO RECOGNIZATION, SUSPENSION, CHANGE OR ADOPTION IN CONNECTION WITH THE ADOPTION OF THE FEDERAL LAW "ON PRIVATE MILITARY SECURITY COMPANIES"
The adoption of the Federal Law “On Private Military Security Companies” will require the adoption of the following Federal Laws:
I. Federal Law "On a unified information system for monitoring the activities of private military security companies"
II. The adoption of the Federal Law “On Private Military Security Companies” will require amendments to the following acts of federal legislation.
Russian security structures are seeking from the state a law to regulate private military companies (PMCs), which de facto already exist in our country. Such conclusions follow from the report of the head of the Association of Military Security Companies, reserve colonel, former boss headquarters of the special forces of the internal troops "Vityaz" Andrei Golovatyuk, who shared its contents with Gazeta.Ru.
According to him, the participation of the army, police forces and other state security agencies is not enough to solve all the security problems arising in different regions of the world.
Challenges such as terrorism, transnational crime, interethnic and interreligious conflicts have made the profession of “security specialist” one of the most in demand, and PMCs a profitable business.
Russian representatives of this industry define a PMC as a registered private commercial structure, staffed by professionals, controlled by the state and working in its interests. This is its fundamental difference from detachments of mercenaries and terrorists, say the authors of the report.
Corporations of this type will become increasingly important in wars and armed conflicts over time, experts say. In modern international peacekeeping operations, PMCs have long been equal legal entities along with the branches and branches of the Armed Forces.
In addition to classic military operations, the range of popular “military services” of private structures includes: armed protection of property of individuals and legal entities, including in zones of military conflicts, ensuring the security of large public events, development and adoption of measures in the field of information security, professional security of facilities, convoy escort, reconnaissance, military consulting; combat operations, strategic planning, information collection, operational or logistics support; maintenance and operation of combat systems and equipment; detention of prisoners; consulting and training for military personnel and security guards.
The use of PMCs for armed protection against pirates and escorting civilian ships, conducting safety audits of oil and gas offshore platforms, guarding ships, piers and platforms underwater, and much more has become routine; clearing minefields, destroying unexploded ordnance, and providing logistics to troops; aerial reconnaissance and the use of unmanned aerial vehicles.
Originally from Africa
The history of official PMCs began during the struggle of African countries for independence. After the fall of the apartheid regime in South Africa, thousands of professionals from the army and police were left out of work. At the same time, an endless series of armed conflicts, inter-tribal and inter-clan wars, revolutions and coups took place in neighboring countries. It is clear that in such a situation, professional military personnel were not without work for long.
Very soon, the first private military company arose in South Africa, which offered the services of military specialists both for training the armed forces of a conditional customer, and for direct participation in specific military events.
The first PMC was called Executive Outcomes and was founded in 1989.
After the company completed several small orders, operations followed in Angola and Sierra Leone, after which it gained fame. In 1992, civil war began in Sierra Leone. After a series of painful defeats by the rebels, the government turned to Executive Outcomes for help, whose employees quickly turned the situation in their favor. For the successful military operation, the country's government paid Executive Outcomes more than $30 million. In addition, the company received a share in the trade of diamonds and other minerals in Sierra Leone.
This financial success sparked a wave of imitators around the world. PMCs began to emerge in the USA, Great Britain, France, Malaysia and Indonesia. The money that governments were willing to pay for wars won by proxy more than covered the salaries of military specialists, for whom there was no shortage after the end of the Cold War and the collapse of the Warsaw Pact bloc.
PMC leaders, as a rule, had influential patrons in the highest echelons of power in countries that defined the very concept of international law, which allowed their employees to avoid using the concept of “mercenary” with all the ensuing consequences.
Iraq and Afghanistan
In Iraq, PMCs appeared when, after the overthrow of the regime of Saddam Hussein by the American military, a civil war broke out in the oil-rich country instead of establishing democracy. Growing losses among soldiers forced President George W. Bush to conclude contracts with PMCs. At the same time, such contracts were signed by ministries and departments of the US and UK governments. The missions of various civilian organizations, as well as the newly formed Iraqi government, could not resist (or were forced to do so) from recruiting private soldiers.
Private soldiers were immediately sent to the hottest and most dangerous places, which made it possible to officially reduce losses and declare stabilization of the situation.
PMC Custer Battles guarded the Baghdad airport, Blackwater Security Consulting, ErinysIraq Ltd - oil fields and pipelines, Hart Group - Iraqi energy systems, Kroll accompanied UN missions and convoys, Military Professional Resources, Inc. taught national guard Iraq, Titan Corporation controlled the prisons.
In Afghanistan, most of the logistics of military and civilian coalition missions were already carried out by PMCs. They were often involved in guarding the perimeters of military bases.
“The presence of Chinese PMCs in this market is growing rapidly, especially in African countries, where they ensure the security of Chinese oil and gas fields,” says the analytical report of the Russian Association of Military Security Companies.
In Sudan, Chinese PMCs protect deposits owned by Chinese entrepreneurs. This group consists of 40 thousand fighters dressed in military uniforms without insignia.
Formally, they do not belong to the Chinese army, but are employees of a private organization.
The most famous actions of Chinese military companies were in 2012, when employees of one of the Chinese PMCs, together with the Sudanese, participated in an operation to free 29 Chinese workers captured in Sudan. The operation was not carried out very successfully; as a result, one of the hostages was killed. The catalyst for the formation and development of Chinese PMCs was the kidnapping of 25 Chinese workers in Egypt in 2012.
Among the former Soviet republics, Georgia and Ukraine are especially noticeable on the PMC market.
Already by the beginning of the five-day war in 2008, the American companies Cubic Corporation (creating a communications system for the Georgian armed forces) and Kellog, Brown and Root (logistics and technical support for the armed forces) were operating in Georgia.
The British company Halo (Hazardous Areas Life Support) Trust received contracts for demining simultaneously in Georgia and Abkhazia. The contract for training Georgian military contingent to participate in operations in Iraq and Afghanistan was received American company MPRI.
The Israeli company Defensive Shield participated in the Georgian operation in South Ossetia. According to a report by the Swedish State Defense Research Institute (FOI), the head of this company, Brigadier General Gal Hirsch, one of the leaders of the operation in southern Lebanon in 2006 and a former commander of the 9th division of the Israeli army, prepared and took part in the assault on Tskhinvali in August 2008, and many employees of this company were among the instructors who trained the Georgian army, and some of them participated in hostilities.
According to the authors of the report, PMCs were involved by the government of Turkmenistan to guard the borders with Afghanistan. The agreement was concluded with a German PMC, but its employees are mainly citizens of Russia, Ukraine, and also from the countries of the former Yugoslavia.
In Russia
Among the largest and most successful XDRs on the Russian market are usually called RSB-Group, Tiger Top Rent Security, Ferax, Antiterror-Eagle, the military consulting company Alfa-Vityaz, whose employees worked in Iraq, Afghanistan, Kurdistan and other dangerous regions.
Until recently, this list also included Moran Security Group from St. Petersburg. The success of this company, especially in Iraq, as well as in protecting ships from attacks by pirates, seriously worried competitors, especially the British.
“It was through their efforts that the incident was organized when, in October 2012, in the Nigerian Lagos, local naval forces seized the security vessel Myre Seadiver belonging to the Moran Security Group, the crew of which was completely released only in October 2013,” Russian market experts are confident PMC.
The final blow to Moran Security came a little later, when the previously unused Article 359 of the Criminal Code “Mercenarism” was used against employees of the PMC - deputy director of the Moran Security Group Vadim Gusev and the organization’s personnel officer Evgeniy Sidorov.
Draft relevant federal laws have already been submitted to the State Duma twice: “On Private Military Companies” by Deputy Alexei Mitrofanov and “On Private Military Security Companies” by Deputy Gennady Nosovko. However, they received negative reviews from relevant departments.
PMC representatives refer to Art. 9 of the Federal Law “On Defense,” which allows citizens “to create organizations and public associations that help strengthen defense,” but various security forces are opposed.
The advantage of PMCs is, among other things, that their services are cheaper than using regular troops. Secondly, by involving “private investors”, it is possible to resolve rather sensitive political issues. In the context of a “hybrid war”, PMCs become one of the most important tools. They allow a de facto military presence of a certain country and the implementation of its geopolitical interests where de jure it should not exist. Finally, PMCs are a profitable and in-demand business, industry representatives state.
Problems with the law
IN international law a “gray zone” has formed around the activities of PMCs. On the one hand, they are not covered by the International Convention against the Recruitment, Use, Financing and Training of Mercenaries of 1989; on the other hand, the existing Montreux Document (2008) and the International Code of Conduct for Private Military Companies (2010) are not legally binding and are only advisory in nature.
The intergovernmental working group of the UN Human Rights Council regularly deals with issues of improving international legislation in this area. The practice of employing private military personnel abroad is perceived by the majority of members of this working group as a given, which can no longer be pushed under prohibitive international norms - we are talking about streamlining such activities.
During this work, two main approaches emerged. Countries with a developed market for private military services (USA, EU, Canada, Australia) indicate that the industry is sufficient for self-regulation existing tools, such as the Montreux Document and the International Code of Conduct for Private Security Companies (are not international treaties and do not impose legal obligations). The preferences of this group of countries are the preservation of the status quo, the priority of national legislation, bilateral agreements and non-binding norms.
Their opponents (BRICS countries, Algeria, Venezuela, Egypt, Cuba, Ecuador and others) are concerned about the growing scale of the use of PMCs in armed conflicts and advocate the elimination of the identified “gray zones” in the use of PMCs.
The decision to create a PMC institute in Russia is fifteen to twenty years late, Boris Chikin, co-founder of the OSS Group PMC, commented on the report to Gazeta.Ru.
According to him, now most lobbyists for the adoption of the law on PMCs expect to receive government funding. However, the adoption of such a law will not give Russian structures a real opportunity to work abroad.
There, the work of companies is regulated only by local legislation. The adoption of a special law in Russia will only create the illusion of control of this activity by the state.
“To perform any special tasks, if necessary, use a legal entity, it is enough to register a company outside the jurisdiction of Russia and close it upon completion,” says Chikin.
In his opinion, large Russian private security structures wishing to work abroad may not wait until the state adopts the relevant law. It is enough to register your company in the country in which you will work.
