Sources of international security law. Collective security system

The concept of "security" has been invested with different content. This, apparently, caused the assertion of some scientists about the impossibility of giving it a clear definition.

Well-known international lawyers in the past contributed to the definition of this concept. Emmer de Vattel wrote that "nations, or states, are political unities, societies of people united to ensure their security by joint efforts. "Professor L.V. Komarovsky called the right of the state to security "the right to preserve, or the right of unhindered existence." Professor V.M. Koretsky wrote that in the international legal doctrine five basic rights of the state are most often mentioned: the right to existence, to self-preservation, to independence, equality, the right to communicate and trade, the right to respect and honor. ) to fundamental rights, was born in specific historical conditions struggle of peoples for peace and security.

Considerable attention is paid to the right of the state to security in the international legal acts, for example in Art. Art. 2 and 51 of the UN Charter.

There are various definitions of the concept of "security". According to the Law of the Russian Federation "On Security" of 1992, which has now lost its force, security was defined as "a state of protection of the vital interests of the individual, society and the state from internal and external threats." However, interests are subject to satisfaction. It is not the interests in themselves that require security, but the object of security (threatened object). It should be noted that these theoretical propositions are rightly not included in the the federal law dated December 28, 2010 N 390-FZ "On Security". Apparently, the authors took into account the old legal dogma: omnis definitio in lege periculosa (any definition in civil law is dangerous).

IN general view security should be understood as a twofold state of affairs: the absence of threats to the security object and (or) the presence of authorized systems to counter them. Thus, the concept of security includes the object of security, security threats, the subject of security and security systems, as well as the legal framework for the functioning of the latter.

The objects of security are social objects - a person (individual), the national society of each state, the state itself as a political and legal entity and the world community. There are also natural, technical and natural-technical objects that are also subject to protection, including legal and international legal ones. The division of security objects into social, natural and technical makes it possible to overcome the chaos in the conceptual apparatus that exists in various sciences, when often the determining factor in the name with the word "security" is not the protected object itself, but its property, for example, "energy security", "environmental security". "," food security ", etc., are names that are widely used in socio-political sciences and practice. According to the rules of the Russian language, the phrase "being a means of naming ... like words, has a system of forms due to the grammatical nature of the main word that serves as the core of the phrase." The main word in the phrases of this group is precisely "security", and another word acts as its sign. Accordingly, in such phrases we are not talking about the object of security, but about the characteristics of the area of ​​the object's vital activity.

Among the social objects of security, considerable attention is paid to the state, the scientific and practical issues of ensuring the security of which are associated with such concepts as "national security", "state security" and "state security".

The use of the phrase "security of the state" is optimal. It is found in more than 30 international documents, for example, in Art. 34 of the Charter of the International Telecommunication Union 1992, Art. 29 of the African Charter on Human and Peoples' Rights of 1981, in the preamble to the Treaty on a Nuclear-Weapon-Free Zone in Southeast Asia in 1995. In domestic legislation, it is mentioned in about 400 legal acts, for example, in Art. Art. 13, 55 and 82 of the Constitution of the Russian Federation, in the Criminal Code of the Russian Federation, in the Federal Law of August 12, 1995 N 144-FZ "On Operational-Investigative Activities", etc.

When designating the state as an object of security, the most adequate is the use of the concept of "state security", since, unlike the concepts of "national security" and state security, it directly names the object itself. At the same time, the historically established understanding of the security of the state as its security is mainly from military threats now requires rethinking.

Defining the concept of "state security", it is necessary to rely on the understanding of security as the absence of threats to the security object as a whole and (or) the existence of systems to counter these threats.

There are two options for the political-legal and organizational-theoretical development of systems that ensure the security of the state and the world community: 1) the neo-Westphalian order - the UN remains at the center of events, relying on the main regions and regional organizations; 2) post-Westphalian order - the UN is complemented by a new system, where the main role is played by regions and global civil society.

When considering the UN's ability to ensure the security of the state, we note the central place of the Security Council (UNSC), which can examine the threat and take practical steps to ensure the security of the state - protection from aggression, from interference in its internal affairs, from other international crimes, as a state, as well as individuals. Recently, the UN Security Council has paid considerable attention to such a threat as international terrorism, and there is a positive trend to take into account the natural connection between the object of security - the state, the quality and characteristics of the threat - terrorism and the definition of authorized security entities. The UN Security Council Resolution 1373 (2001) established the Counter-Terrorism Committee (CTC), which is the response of the world community to this international criminal offense.

The resolution requires that the process of combating the terrorist threat be continuous and cover: a) national efforts in anti-terrorism legislation; b) domestic executive and administrative mechanisms; c) international cooperation. Thus, the UN Security Council, independently and represented by the CTC as an auxiliary institutional body, participates in ensuring the security of the state as a social public object of security.

The UN General Assembly (GA) has the following powers in the field of countering threats to the security of the state: 1) considers the general principles of cooperation in maintaining peaceful relations between states, discusses any issues in this area and makes appropriate recommendations, except for cases under consideration by the Security Council; 2) organize research and make recommendations in order to promote international cooperation in the political, economic, social fields, as well as in the development and codification of international law, culture, education, health, human rights.

Most of the international treaties aimed at ensuring the security of states, groups of states and international associations were approved at the UN General Assembly sessions.

The role of other principal organs of the UN is seen in the following. The Economic and Social Council, participating in the implementation of various programs for strengthening cooperation between states, contributes to strengthening their security (for example, the UN Drug Control Program). The International Court of Justice resolves legal disputes between states, thereby promoting peaceful relations between them. The UN Secretary General promotes the resolution of international disputes and conflicts. Thus, the entire mechanism of the UN is empowered, in accordance with the Charter, to promote the safe and peaceful cohabitation of states.

It should also be mentioned organizational structures and international legal framework for the activities of such regional organizations that ensure the security of the state and its elements, such as the Organization for Security and Cooperation in Europe (OSCE), the North Atlantic Treaty Organization (NATO), the Shanghai Cooperation Organization (SCO), the Collective Security Treaty Organization (CSTO) .

The resolutions of the UN Charter, which provide for the possibility of creating regional organizations, reflected the dialectical combination of the UN's responsibility for maintaining peace and security in any area of ​​the globe and the relative independence of the actions of the participants in regional agreements.

Subjects, international law and international legal means of ensuring the security of the world community

By the beginning of the XXI century. a number of global systemic areas of action of international law have developed, among which the strengthening and protection of international legal order and international legality and ensuring international peace and security of all subjects of international law are priorities. However, now, in the second decade of the 3rd millennium from the Nativity of Christ, ensuring the security of the world community is possible not only by special means, through the law of international security and disarmament, the peaceful resolution of international disputes, but also through the promotion and protection of human rights and freedoms, counteraction to criminal crime. , international cooperation in the economic, humanitarian and intercivilizational fields, as well as through the formation, improvement and application of sanctions forms of international coercion and international legal responsibility. That is, through international law in general.

The system-forming principles of international law in the field of security of the world community include: 1) the principles of international law, in particular the principle of peaceful coexistence and cooperation; 2) the norms and principles of such branches of international law as the law of international security, the law of peaceful means of resolving international disputes, international criminal law. Other branches of modern international law also contribute to the establishment of cooperation, maintaining the rule of law and the rule of law.

A special role in ensuring the functioning of all elements of the world community belongs to international intergovernmental organizations. They (in terms of participation in ensuring the security of the world community) can be divided into two groups: 1) specially created (established) to combat threats to the security of social facilities, including the world community as a whole and its elements (UN, regional collective security organizations, etc. .); 2) international intergovernmental organizations established for the implementation and development of vital and necessary processes for the existence and activity of the world community. The contractual and legal (statutory) foundations of such international organizations must comply with the principles of modern international law, including the principles aimed at the safe existence and development of man.

The role of the UN specialized agencies (there are 17 of them) and related bodies is significant. Their contractual and legal foundations, ensuring the compliance of their activities with the laws of socio-economic, political, technological development and activities, thereby ensure the successful solution of the relevant regional and global problems security from within. The most important thing for the safe and successful development of their activities is taking into account and combining with the interests of life and activity of all elements of the world community, humanity and nature as a whole.

Today, the founding documents of most of the specialized agencies of the UN reflect their moral and political responsibility to the world community.

The responsibility (including international legal responsibility) of those specialized institutions that not only promote development (stabilization) in a certain area of ​​human activity, but are also responsible for the security of countries and peoples, such as the IAEA, should be increased.

It is also necessary to change the international legal responsibility of specialized institutions in the field of security of the world community in those provisions where it comes to assisting, encouraging or informing states and organizations in special areas. The security of the world community is indivisible.

Particularly responsible is the role of international legal means of ensuring the security of the world community as a whole and its individual elements.

Political and legal aspects of collective security of a universal nature

The international legal means of ensuring the security of the state and the world community include a number of measures, the central place among which is occupied by the system of collective security.

The main goals of creating a collective security system are the prevention of wars and armed conflicts of an international and non-international character, the maintenance or restoration of international peace. In the broadest sense, almost all the normative material of modern international law is intended to contribute to the achievement of these goals. In a narrower sense, the norms of the law of international security serve to solve the problems of ensuring peace - the branch of international law, which is based on the principles of the non-use of force and the threat of force; resolution of international disputes exclusively by peaceful means; sovereign equality of states; non-interference in internal affairs, etc.

As one of the organizational and legal forms of ensuring international security, the concept of collective security is the most developed in theoretical and practical terms. Collective security is understood as such a system of interstate cooperation in which an act of aggression against one of the participants is regarded as aggression against the entire community of states that have established the corresponding system.

The system of collective security is characterized by the organizational unity of the states participating in the system. This is either an organization (UN), or another expression of unity: the establishment of advisory or coordinating bodies, the provision of systematic meetings, meetings.

The collective security system can be universal and regional, i.e. collective security system of a certain geographical area.

Before the idea of ​​collective security received its international legal consolidation in the UN Charter, it took a complex and lengthy process of formation in the public legal consciousness of ideas about the means and methods of ensuring international security, the military-political and legal content of this concept, a process of understanding the problems of war and peace was necessary. , correlation of law and force in international relations, features of the relationship between international and national security.

The 1st Hague Peace Conference held in 1899 was of particular importance in understanding and practical solution of the problems of war and peace. It was a forum that was originally conceived by its initiator - the Government of Russia - as an international conference on limiting the arms race.

The 1899 Hague Conference did not achieve its original purpose. At the same time, it was essentially the first attempt to resolve the disarmament question on the basis of multilateral diplomacy. For the first time, the question of disarmament was linked to the problem of securing peace.

In 1919, the League of Nations was established - the first interstate peacekeeping organization in history. The creation of the League of Nations brought significant changes to the system international relations. For the first time in history, an attempt was made to replace the practice of creating military-political alliances of states based on the balance of power with a system of collective security.

The Statute of the League of Nations, which not only limited the right of the member states of the League to resort to war, but also provided for the application of sanctions against those members who would enter the war in violation of its decisions, became an important stage in the formation of the principle of the non-use of force, the prohibition of aggressive war.

The next step in this direction was the adoption in 1928 of the Paris Treaty on the Renunciation of War as an instrument of national policy. In Art. Article 1 of the Treaty states that its parties "condemn the resort to war to settle international disputes and renounce it in their mutual relations as an instrument of national policy."

The UN Charter further developed the principle of the non-use of force. According to paragraph 4 of Art. 2 of the UN Charter, all members of the UN shall refrain in their international relations "from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations." In the post-war period, this provision acquired the character of an imperative norm of modern international law and formed the basis of the legal mechanism for ensuring international security of a universal nature, enshrined in the UN Charter. However, the content of paragraph 4 of Art. 2
still remains, perhaps, one of the most controversial provisions of the UN Charter.

The UN itself is the universal organization of the collective security system. The main task of the UN, according to its Charter, is the maintenance of international peace and security, for which it is authorized "to take effective collective measures to prevent and eliminate threats to the peace and to suppress acts of aggression or other violations of the peace and to carry out by peaceful means, in accordance with the principles of justice and international rights, settlement or resolution of international disputes or situations that may lead to a breach of peace" (clause 1, article 1 of the UN Charter). The Charter provides for both preventive and coercive measures in relation to states violating the peace.

The functions of maintaining international peace and security, according to the UN Charter, are entrusted primarily to the General Assembly and the UN Security Council, whose powers in this area are clearly demarcated. The General Assembly has the right to discuss any issues or matters related to the maintenance of international peace and security, including considering the general principles of cooperation in this area and making recommendations in respect of them to the states and the Council before or after the discussion (Article 10).

The Security Council is entrusted with the primary responsibility for the maintenance of international peace and security (art. 24). It is the only body which, based on the provisions of Ch. VII of the Charter, have the right to take measures of a coercive nature: temporary measures to stop the violation of the peace that the Security Council deems necessary or desirable: a ceasefire, withdrawal of troops, etc. (Art. 40); measures not related to the use of armed forces: complete or partial interruption of economic relations, rail, sea, air, postal, telegraph and other means of communication, severance of diplomatic relations (Article 41); measures related to the use of armed forces to suppress the aggressor and restore international peace and security (art. 42).

In accordance with Art. 43 all members of the UN are obliged to place at the disposal of the Security Council, at its request and in accordance with a special agreement or agreements (which determine, in particular, the number and type of troops, their position), the armed forces necessary for the maintenance of international peace and security, assistance and appropriate facilities, including the right of way.

Agreements shall be concluded as soon as possible by the Security Council and the Members of the Organization, or between the Security Council and groups of Members of the Organization, and shall be subject to ratification by the signatory States in accordance with their constitutional procedure.

In accordance with the UN Charter, all issues related to the creation and use of armed forces are decided by the Security Council, relying on the assistance and advice of the Military Staff Committee (MSC), consisting of the chiefs of staff of the permanent members of the Council or their representatives (Article 47). At the same time, only the Security Council "determines the existence of any threat to the peace, any violation of the peace or act of aggression and makes recommendations or decides on what measures should be taken in accordance with Articles 41 or 42 to maintain or restore international peace and security" ( article 39).

All states are obliged to obey the decisions of the Security Council and carry them out (Art. 25).

Unfortunately, in the post-war period, in the context of the Cold War, the provisions of Art. Art. 42, 43, 47 of the Charter failed to be fully implemented in practice. The collapse of the USSR in the early 1990s and the associated change in the balance of power in the international arena also did not lead to their resuscitation. At the same time, there was a tendency for the leadership of the United States and its NATO allies to further move away from the model of collective security provided for in the UN Charter, and those new parameters of UN peacekeeping activities that were defined in its official document "An Agenda for Peace", approved by the Security Council on January 31 1992

Note, however, that Art. 41 was used by the UN Security Council to impose sanctions on Rhodesia in 1966, 1968, 1970, South Africa - in 1977, Iraq - in 1990, Yugoslavia - in 1991 - 1996, Libya - in 1992 - 1996 ., Somalia - in 1992, Rwanda - in 1994, etc.

Based on Art. 42 The Security Council took decisions on the use of force, in particular in 1950, when the DPRK attacked South Korea, and in 1990, when Iraq attacked Kuwait.

The UN adopted a number of resolutions and declarations aimed at strengthening the legal foundations and increasing the effectiveness of the UN peacekeeping mechanism. Notable among these are the 1970 Declaration on the Strengthening of International Security, the Definition of Aggression adopted by General Assembly Resolution 3314 (XXIX) of December 14, 1974, the Declaration on the Prevention and Elimination of Disputes and Situations which May Threaten International Peace and Security, and on role of the United Nations in this field 1988, General Assembly Resolution 44/21 of November 15, 1989 on the strengthening of international peace, security and international cooperation in all its aspects in accordance with the UN Charter, the 1994 Declaration on the Improvement of Cooperation between the UN and Regional Agreements or Bodies in the Field of Maintaining International Peace and Security, etc.

The Report contains a clear explanation and affirmation of the right to self-defence; guidelines on the use of force, which should help the Security Council, if necessary, act more decisively and in a timely manner; consensus on the definition of terrorism; proposals aimed at preventing an avalanche of nuclear proliferation and at increasing the level of biological safety. It also contains a number of practical proposals for renewing the UN bodies and increasing the effectiveness of this organization in meeting the challenges it faces.

peacekeeping operations

Peacekeeping operations (hereinafter referred to as PKOs) are one of the measures developed by the practice of the UN and taken in pursuance of the provisions of the UN Charter on the maintenance or restoration of international peace and security.

The maintenance of international peace and security is the main goal of the UN, formulated in its Charter. Achieving this goal is the task of the Organization and all its organs. PKO is just one of the means to achieve the main goal of the UN.

The peculiarity of this particular tool is that its content is not disclosed either in the Charter, where it is not even mentioned, or in any other legally binding act.

Chapter VII of the UN Charter provides for the creation of coalition forces formed from the military contingents of UN member states and used by decision of the UN Security Council and under its leadership in the implementation of coercive measures to maintain or restore international peace and security. For this purpose, the UN Charter obliges all Members of the Organization to place at the disposal of the Security Council, at its request and in accordance with a special agreement or agreements, armed forces, assistance and related facilities. Such coalition forces, as follows from the Charter, are not permanent and are formed at the request of the Security Council and on the basis of its decision on the use of force in a particular situation.

The legal basis for the allocation of national contingents to the disposal of the Security Council should be the mentioned agreements concluded between the Council, on the one hand, and individual members or groups of UN members, on the other, subject to ratification by the signatory states in accordance with their constitutional procedures.

With regard to the planning of the use of coalition forces and their use and command, the UN Security Council should be assisted by the Military Staff Committee (MSC), consisting of the chiefs of staff of the permanent members of the Council or their representatives.

In practice, the provisions of the UN Charter on the procedure for the formation and use of armed forces under the command of the UN have not yet been applied, not a single agreement between the Security Council and UN members on the provision of military contingents has been signed, and the HSC does not perform the functions assigned to it by the Charter. This happened largely due to the political and ideological contradictions of the Cold War period, and later - due to financial and organizational problems faced by the UN. Under these conditions, methods were developed for the formation and use of military contingents under the UN flag, different from those provided for by the Charter.

In its original sense, PKOs involved the non-violent use of military contingents to contain the conflict and help resolve it, which distinguishes such operations from coercive actions as defined in the UN Charter. The so-called first generation PKOs were carried out by groups of military observers.

Military observer missions are made up of unarmed military personnel, usually officers, assigned by various states to the UN. They are created by a decision of the UN Security Council to monitor the implementation of armistice or ceasefire agreements, the disengagement of the armed forces of the warring parties, their withdrawal from the contact zones, etc. through fact-finding and reporting to direct command and the UN Security Council.

Freedom of movement must be guaranteed to military observers by local authorities or bodies of the parties to the conflict, but the exercise of the functions of military observers depends on the cooperation of the opposing parties.

In fact, monitoring teams are often denied freedom of movement by local authorities; they become targets of attacks by criminal groups that seize their property and means of transport; they are taken hostage, cases of their death are not uncommon.

For the first time in UN practice, military observers were sent to the Middle East in 1948 to act as part of the Armistice Supervision Authority in Palestine. Currently, military observers do not form independent missions, as a rule, they are integral part complex operation.

The first military contingents involved in PKOs had only light weapons, which they could use exclusively for self-defense (the so-called second generation of PKOs). They were tasked with separating the parties to the armed conflict in order to ensure the observance of the truce. For the first time, such contingents, called the UN Emergency Forces, or PEF-1, were formed in 1956 and played the role of a buffer between Israeli and Egyptian troops. They deployed with the consent of the parties to the conflict and after reaching a ceasefire agreement and carried out their activities guided by the principles of impartiality, neutrality and non-interference in the internal affairs of the opposing forces.

Later, the troops began to be vested with the right to use force in the event of an armed obstruction in the performance of their duties, and their equipment changed accordingly. UN operations began to use heavy armored vehicles (for example, tanks in the UN Protection Force in the former Yugoslavia) and attack helicopters(for example, the Russian helicopter group as part of the UN Mission in Sierra Leone).

Modern PKOs are complex, multi-component in nature and include the solution of not only military, but also political, humanitarian, social and economic tasks. Along with military personnel, civilians participate in them - police officers, human rights and election observers, specialists in humanitarian assistance, demining, etc. A feature of modern PKOs is that they are established to promote the settlement of not only interstate, but, more and more often, internal conflicts. Some missions are given transitional administration, law enforcement and transitional justice functions. The permissible limits for the use of force by the military component of the PKO are also expanding. Quite often the powers given to missions are based simultaneously on ch. VI and VII of the UN Charter, i.e. include both diplomatic and other non-violent methods of conflict resolution, as well as coercive measures using force. Of the operations now being established, it is hardly possible to single out even one that can be attributed to one or another "generation".

Even the very term "peacekeeping operations" in UN documents is increasingly adjacent to the concept of "peace operations", which, according to supporters of its use, better reflects the complexity and multicomponent nature of modern missions.

The PKO is established by a decision of the UN Security Council, which determines the mandate of the operation, and the forces and means are provided by the states on a voluntary basis. In the practice of the UN, there have been cases when, instead of the Security Council, which was unable to take the necessary decision, it was taken by the General Assembly. Thus, CHVS-1 was established in 1956 and ONUC (United Nations Operation in the Congo) in 1960.

The general leadership of the PKO is carried out by the UN Secretary General, the political leadership on the ground is the special representative of the Secretary General, and the operational military command is the commander of the mission forces.

The financing of the PKO is carried out by sharing in the costs of all UN member states. Each PKO usually sets its own budget. A special scale is used to determine the rates of contributions, with higher levels of contributions for the five permanent members of the Security Council and significant reductions for the least developed countries. In some cases, funding comes from voluntary contributions.

International personnel participating in operations are subject to the applicable provisions of the Convention on the Privileges and Immunities of the United Nations of February 13, 1946, as well as agreements on the status of operations (forces) to be concluded between the UN and the host country. Special legal protection is granted to personnel in accordance with the Convention on the Safety of United Nations and Associated Personnel of December 9, 1994 and its Optional Protocol of December 8, 2005. Personnel participating in an operation are required to comply with the rules of conduct and discipline developed by the Secretariat UN; persons violating them may be repatriated with a subsequent ban on participation in UN operations. Special Administrative Act - Bulletin of the UN Secretary-General "Compliance by UN forces with the norms of international humanitarian law" dated August 6, 1999 - obliges military personnel participating in operations to be guided by these norms in cases where the mandate of the operation allows the use of armed force for self-defense or enforcement her tasks. The use of weapons is governed by the Rules of Engagement of Force and Directives on the Use of Force, which govern respectively the military and police components of the operation. The UN Secretariat concludes bilateral agreements with the governments of member states, providing for the early reservation by states of national military contingents, police and civilian personnel, and other resources and maintaining them at an agreed level of readiness as a possible contribution to operations.

With regard to military enforcement actions, none of the operations that are in any way sanctioned by the UN (granting the UN flag to forces sided with South Korea during the conflict on the Korean Peninsula, allowing the use of force by the multinational coalition against Iraq after its armed attack on Kuwait, the implementation of stabilization and peace settlement in Bosnia and Herzegovina by the multinational force under NATO control), was not a UN operation conducted in strict accordance with its Charter .

At its 19th session, the UN General Assembly established, as its subsidiary body, the Special Committee on Peacekeeping Operations (Committee of 34), instructing it to comprehensively consider the issue of PKOs. The Special Committee continues to function, reporting to the General Assembly from time to time on the progress made in developing harmonized guidelines for the conduct of operations. In turn, the Security Council has developed a set of operational principles according to which PLOs should be carried out. It is "the existence of a clear political purpose and a precise mandate, subject to regular review and change, in so far as its nature and duration, only by the Council itself; the consent of the government and, where appropriate, the parties concerned, except in cases of exceptional character; facilitation political process or peaceful settlement of a dispute; impartiality in the implementation of the decisions of the Security Council; readiness of the Security Council to take appropriate action against parties that do not comply with its decisions; the right of the Security Council to sanction all necessary funds exercise by the UN forces of their mandate and the inalienable right of the UN forces to take action in self-defence" (UN Doc. S/25869, 28 May 1993).

As part of the UN Secretariat, the Department of Peacekeeping Operations and the Department of Field Support were formed, the heads of which hold the positions of the UN Under-Secretary-General.

Conceptual and practical issues of preparing and conducting PKOs were also developed in later UN documents, in particular in the Report of the Panel on UN Peace Operations (UN Doc. A/55/305-S/2000/809, August 21, 2000), also known as the "Brahimi Group" and the Report of the High Level Panel on Threats, Challenges and Change (UN Doc A/59/565, 2 December 2004).

One should distinguish between PKOs established by the UN Security Council, on the one hand, and sanctioned by it, on the other. The latter are approved by the Council, but are held under the command of other organizations or states. Thus, in 2001, the Security Council authorized the international coalition to maintain a military presence in Afghanistan, while at the same time establishing its own political mission to assist the transitional government. Previously, in 1999, the Council had authorized an operation to restore security in East Timor, initially led by Australia, which later led an international coalition, which was replaced by a UN-established and led PKO.

Since the 1990s, regional organizations have been playing an increasingly active role in conducting PKOs, either in cooperation with the UN or independently. In parallel and in cooperation with the UN, the Commonwealth of Independent States conducted the PKO, and currently the European Union, NATO, the African Union, and the Economic Community of West African States continue to conduct it. Regional organizations such as the African Union, the European Union, the Collective Security Treaty Organization, the Commonwealth of Independent States have a developed regulatory framework for conducting PKOs. Their statutory documents, treaties, and other acts provide for the procedure for preparing and conducting PKOs, the powers of the main bodies in this area, and the creation of special bodies to address these issues.

The most relevant applied legal problems in the preparation and conduct of modern weapons of mass destruction include the problems of the status of the mission forces, the use of force by the military and police components, ensuring the safety of the personnel of the organization conducting the PKO and the personnel involved, the application of the norms of international humanitarian law, and the responsibility of the organization for the actions of its personnel.

Political and legal features of regional systems of collective security

Along with the universal system of collective security, the UN Charter provides a basis for the creation of similar systems of a regional nature "to resolve such issues for the maintenance of international peace and security as are appropriate for regional action" (Article 52).

In international law, the word "region" is associated with the development of the legal status of international regional agreements and organizations that ensure international peace and security in accordance with the UN Charter.

When the United Nations was created, the Dumbarton Oaks (USA) draft UN Charter determined that no regional agreement could act in matters of maintaining peace and security without prior coordination of its actions with the United Nations. This provided for the normative consolidation of the UN right to the final solution of all issues in any part of the world. An attempt was made to correct the abnormal situation established by the Statute of the League of Nations, which actually contributed to the creation of military alliances under the guise of regional associations. However, this direction was not fully supported for various reasons by the majority of the delegations that gathered in San Francisco (USA) in April 1945 to adopt and sign the Charter of the Organization, although in the main the idea of ​​subordination of regional agreements to the UN Charter was put into practice.

Describing the provisions of Ch. VIII and Art. 51 of the UN Charter, we can say that they reflected the desire of the founders of the world security organization to find justifications for the possibility of a dialectical combination of principles that establish the main responsibility of the UN for maintaining peace and security in any area of ​​the globe, and norms that make it possible for relatively independent actions of participants in regional agreements.

The following requirements for regional agreements follow from the provisions of the UN Charter:

• agreements of a regional nature must be created and operate on the basis of and in accordance with the goal-setting principles of the founding documents of the United Nations and the specific regulations of Ch. VIII and Art. 51 of the UN Charter;
• states of a certain region of the world can be their subjects;
• the scope of the agreements is strictly limited.

When analyzing the UN Charter, most authors come to similar conclusions about the requirements imposed by the world security organization on regional agreements, but it should be noted that if a number of scientists insisted on the unconditional compliance of regional agreements with all three of the above requirements, then most Western authors put the second one at the forefront. and the third condition, concerning the definition of the circle of members and the scope of the agreement (and even then with significant "interpretations"), only noting the first requirement.

Thus, the words "region", "regional agreement" in international law are filled with legal meaning, are associated with issues of ensuring international peace and security, with the problems of the balance of powers of the international community represented by the UN and regional international associations.

The most important elements of these systems are the following regional organizations of collective security: on the American continent - the Organization of American States (OAS); on the African continent - the African Union (AU, the former Organization of African Unity - OAU); in the Near and Middle East - the League of Arab States (LAS); in Europe - OSCE, CIS; in the North Atlantic - NATO; in Eurasia, the Collective Security Treaty Organization (CSTO) and the Shanghai Cooperation Organization (SCO) are now operating - modern models regionalism in the sphere of security. The statutes of these organizations contain a legal mechanism for ensuring security at the regional level.

In order to exclude the possibility of substituting the Security Council, the Charter clearly defines the position of regional security organizations in relation to the UN body, which is entrusted with the main responsibility for maintaining international peace. The Security Council must be fully informed about the actions not only taken, but also planned by virtue of regional agreements to maintain international peace and security (Article 54). In addition, the consequences of the activities of regional organizations should not affect the interests of both states belonging to other regions and the world community as a whole.

One of the most important tasks of regional organizations is to ensure the peaceful resolution of disputes between their members before the disputes are referred to the Security Council, which in turn should encourage this method of dispute resolution.

Coercive measures with the use of armed force can only be taken to repel an attack that has already been committed against one of the participants in the collective security system, i.e. in accordance with Art. 51 of the UN Charter.

The creation of a modern system of pan-European security is associated with the Conference on Security and Cooperation in Europe (CSCE), held in Helsinki in 1975. The Final Act adopted at it contains a set of international legal principles and defines practical measures to ensure European security. The provisions of the Final Act relating to security issues were further developed in the documents adopted during the Helsinki process.

Thus, in a document adopted in 1994 at the Budapest meeting of the CSCE at highest level, which transformed the Conference into the Organization for Security and Cooperation in Europe (OSCE), notes that the purpose of the transformation was "to increase the contribution of the CSCE to the security, stability and cooperation of the CSCE region so that it plays a central role in the development of a space of common security based on the principles Helsinki Final Act".

In November 1999, at the OSCE summit in Istanbul, the Charter for European Security was adopted. It emphasizes that respect for human rights and fundamental freedoms, democracy and the rule of law, disarmament, arms control and confidence- and security-building measures are central to the OSCE concept of comprehensive security; The Treaty on Conventional Armed Forces in Europe (CFE) must remain the cornerstone of European security.

By reinforcing the position that within the OSCE no state, no group of states or organization can be vested with primary responsibility for maintaining peace and stability in the OSCE region or consider any part of this region as its sphere of influence, the framers of the Charter specifically noted the primary role of the Security Council in maintaining international peace and security, its key importance in ensuring security and stability in the OSCE region. The Charter reaffirms the rights and obligations of Member States under the UN Charter, including the obligation not to use or threaten to use force.

The goals of creating the legal basis for the collective security system of the Commonwealth of Independent States (CIS) are the CIS Charter of 1993, the Collective Security Treaty (CST) of 1992, as well as a number of agreements adopted in its development.

The issues of military-political cooperation and ensuring collective security are discussed in Sec. III of the Charter of the CIS. In particular, it emphasizes that in the event of a threat to sovereignty, security and territorial integrity of one or more Member States or international peace and security, the Member States will immediately resort to the use of the mechanism of mutual consultations in order to coordinate positions and take measures to eliminate the threat that has arisen. Such measures can be peacekeeping operations, as well as the use, if necessary, of the armed forces in the exercise of the right to individual or collective self-defense in accordance with Art. 51 of the UN Charter. The decision on the joint use of armed forces is made by the Council of Heads of State of the Commonwealth or the interested member states of the Commonwealth, taking into account their national legislation (Article 12).

One of the important areas in the framework of the military-political cooperation of the Commonwealth countries, where tangible results were achieved, was peacekeeping operations.

Relations related to the implementation of such operations are regulated by the Agreement on Military Observer Groups and Collective Peacekeeping Forces in the CIS dated March 20, 1992 (Agreement 1992) and three protocols to it, adopted in Tashkent on May 15 and July 16, 1992 .: on the status of Military Observer Groups and Collective Peacekeeping Forces in the CIS; on staffing, structure, logistical and financial support of the Military Observer Groups and Collective Peacekeeping Forces in the CIS; on the temporary procedure for the formation and engagement of Groups of Military Observers and Collective Peacekeeping Forces in conflict zones between states and in the CIS member states.

NATO occupies a special place among regional collective security organizations, which is connected both with the goals and objectives that NATO now sets in matters of ensuring common and regional security, and with its subject composition, as well as with the changing geopolitical situation in Europe, Asia, the Middle East.

If in the 50s - 60s of the XX century. NATO relied on the concept of bloc military confrontation, but since the 1990s, the member countries of this organization have conceptually reoriented towards ensuring security through cooperation, which means: negotiations instead of confrontation, renunciation of intimidation, openness instead of secrecy and closeness, prevention instead of suppression, and, finally, , reliance on interaction instead of force dictate. In practice, not everything works out for NATO member countries, but certain positive shifts are visible: NATO relies on the ideas and principles of collective security and collective defense and proceeds from the need to ensure individual security (human rights) and spread stability in the region and the world.

The disadvantage of these approaches is that the developers of this concept consider NATO the only true model of a security system based on cooperation, and the Western way of life in the countries - members of the Organization - the only one worthy of imitation and dissemination. Hence the methods used to ensure international security: attempts to expand the circle of NATO members at the expense of the former republics of the USSR (Ukraine and Georgia) and the creation of a missile defense system in Europe without Russian Federation and interference in the internal affairs different states under the pretext of protecting human rights and ensuring stability in the European region, in the Mediterranean region, in the Middle East.

Thus, while formally remaining a regional organization for maintaining international security and making a certain contribution to the development and implementation of the concept of ensuring security through cooperation, NATO remains primarily a military-political bloc that ensures the security of the United States and other member countries of the Organization.

The Collective Security Treaty Organization (CSTO) and the Shanghai Cooperation Organization (SCO) also declared their reliance on the concept of ensuring international security through cooperation.

According to Art. 4 of the Collective Security Treaty (CST), if one of the member states is subjected to aggression by any state or group of states, then this will be considered as aggression against all states parties to the Treaty.

In the event of an act of aggression against any of the participating States, all other participating States will provide it with the necessary assistance, including military assistance, and will also support it with the means at their disposal in order to exercise the right to collective self-defense in accordance with Art. 51 of the UN Charter.

On the measures taken on the basis of Art. 4 of the Treaty, the participating States undertake to immediately notify the UN Security Council. Documents aimed at developing military-political cooperation often had a declarative character right up to the creation of the CSTO.

Charter and Agreement on legal status The CSTO was signed on October 7, 2002 in Chisinau. The charter largely repeats the documents already adopted within the framework of the Collective Security Treaty. In particular, the goals of the CSTO are the strengthening of peace, international and regional security and stability, the protection on a collective basis of the independence, territorial integrity and sovereignty of the member states, in achieving which the member states give priority to political means.

In order to achieve the goals of the organization, the member states take joint measures to form within its framework an effective system of collective security, create coalition (regional) groupings of troops and command and control bodies, military infrastructure, train military personnel and specialists for the armed forces, provide them with the necessary weapons and military equipment. The Charter establishes the obligation of the parties to coordinate and unite their efforts in the fight against international terrorism and extremism, illicit drug trafficking.

On June 23, 2006, at the session of the Collective Security Council (CSC) in Minsk, an important Declaration was adopted on further improvement and increase in the efficiency of the Organization. The Declaration reaffirms adherence to previously adopted principles and formulates some new approaches to strengthening the system of collective security. In particular, the document lists the following principles:

• commonality of goals and objectives in the formation of a collective security system in the area of ​​responsibility of the CSTO;
• coordination of actions, non-damage to the interests of collective security;
• priority of allied obligations of the CSTO member states, respect for the sovereignty, territorial integrity and authority of each of them;
• mutual respect and consideration of national interests and positions of the CSTO member states in the field of foreign policy and security;
• coordination of foreign policy, protection and provision of collective and national interests of the CSTO member states in the international arena.

The Shanghai Cooperation Organization, as a regional security organization, went through two stages of its formation through the cooperation of the participating countries.

The formation of the SCO was preceded by the work of the "Shanghai Five" mechanism, which arose in 1996 on the basis of an agreement on the development and strengthening of confidence-building measures in the military sphere in the border areas, signed in Shanghai between China, Russia, Kazakhstan, Kyrgyzstan and Tajikistan. A year later, a five-sided Agreement on the Mutual Reduction of Armed Forces in the Border Areas was signed in Moscow, which supplemented the 1996 document and also contributed to strengthening mutual trust in security matters.

On July 3, 1998, the Alma-Ata Declaration was approved, which noted that the development of bilateral and multilateral cooperation of the participating countries is an important factor in the stability and security of all of Asia. In August 1999, the heads of state signed the Bishkek communique, which noted satisfaction with the results of cooperation between the five countries since their meeting in Shanghai in 1996, assessed as positive practical steps to strengthen regional security and cooperation, and reiterated that cooperation within the framework of The "Shanghai Five" is open and not directed against other countries. At the Dushanbe summit on July 5, 2000, the parties exchanged views on the situation in the region, according to international affairs and also "reached full mutual understanding on building a great edifice of good-neighbourly friendship and peaceful cooperation in the 21st century." The activities of the "Shanghai Five" also prepared the organizational and legal formalization of the SCO.

In June 2001, in Shanghai, Uzbekistan joined the "Shanghai Five" and signed the Declaration on the Establishment of the Shanghai Cooperation Organization (SCO) and the Shanghai Convention on Combating Terrorism, Separatism and Extremism.

In other words, the SCO arose from the desire of states to resolve security issues and develop confidence-building measures in border regions, and subsequently its activities spread to the spheres of political, economic and humanitarian cooperation.

In 2002, in St. Petersburg, the heads of the SCO member states signed three documents: the Declaration on the Establishment of the SCO, the Charter (Charter) and the Agreement on the Regional Antiterrorist Structure (RATS).

The Charter and the Declaration named as the main principles of the Organization such principles of international law as respect for independence, sovereignty and territorial integrity, non-interference in internal affairs, mutual non-application military force or threats to use force; equality of all members of the Organization. They also declared non-alignment with unions, non-direction against other states and organizations, openness and readiness to conduct dialogues, exchanges and cooperation in various forms with other states, relevant international and regional organizations.

According to the fundamental documents of the SCO, it is not directed against other states or multilateral associations, and the Organization does not provide for a military component, which is rather unusual for regional security organizations.

In the political and security spheres, the goals of cooperation between the SCO states are:

• development of multidisciplinary cooperation in order to maintain and strengthen peace, security and stability in the region;
• interaction in the prevention of international conflicts, their peaceful settlement;
• joint counteraction to terrorism, separatism and extremism in all its manifestations;
• coordination of efforts on issues of disarmament and arms control, etc.

It should be emphasized that, in accordance with the statutory documents of the SCO and its structures, they are not directed against other states and international associations and, most importantly, the military component of cooperation is not provided for. Moreover, the SCO advocates a new type of interstate relations: partnership, not alliance.

Disarmament and arms limitation

Concept. Disarmament is considered to be a set of measures aimed at stopping the build-up of means of warfare, their limitation, reduction and elimination. The general international legal basis for disarmament is contained in the UN Charter. Paragraph 1 of Art. 11 classifies "principles governing disarmament and arms regulation" among " general principles cooperation in the maintenance of peace and security". Consideration of these principles falls within the competence of the General Assembly, which makes recommendations on these issues to the Security Council and the UN member states. The Security Council is responsible for formulating "plans for the creation of a system of arms regulation" (Article 26) He is assisted in this task by the Military Staff Committee, which advises and assists on matters relating to "the regulation of armaments and possible disarmament" (paragraph 1 of Article 47).

However, there is no generally recognized and universal obligation to disarm in contemporary international law. The International Court of Justice, in its 1986 decision in Nicaragua v. the United States, wrote: "There are no norms in international law, with the exception of those recognized by the states concerned by treaty or otherwise, according to which the level of armaments of a sovereign state can be limited, and this principle applies to all States without exception." The essence of the main obligation in this area is to "negotiate in good faith ... on a treaty on general and complete disarmament under strict and effective international control" (Article VI of the 1968 Treaty on the Non-Proliferation of Nuclear Weapons). Reference to such an obligation or to Art. VI of the said Treaty is contained in many contemporary arms limitation treaties, as a rule, in their preambles.

The main source of norms in this area are international treaties: universal (for example, the Treaty on the Non-Proliferation of Nuclear Weapons of 1968), regional (for example, the Treaty on Conventional Armed Forces in Europe of 1990), bilateral (for example, the Treaty between the Russian Federation and the United States on measures to further reduce and limit strategic offensive arms in 2010). Treaties in this area can also be classified according to their purpose and object (treaties on the limitation of armaments or on the limitation of activities related to them; treaties relating to weapons of mass destruction or relating to conventional weapons).

The growing role of international organizations determines the growing importance of their resolutions as auxiliary in the field of disarmament. Separate resolutions of the UN General Assembly on disarmament issues can be considered as containing rules of law that are in the process of formation. In some cases, resolutions of the UN General Assembly are an additional means of implementing treaty norms.

International organizations often play the role of forums where norms are worked out in the field of disarmament and arms limitation. Within the framework of the UN, these issues are dealt with by the General Assembly and one of its main committees - the First (on disarmament and security). The General Assembly formed an auxiliary deliberative body - the Disarmament Commission. An independent body, although formed by the General Assembly and using the services of the UN Secretariat, is the Conference on Disarmament. The attention paid by the UN Security Council to disarmament issues is growing.

Certain norm-setting functions are performed by bodies established by disarmament and arms limitation treaties, such as the Organization for the Prohibition of Chemical Weapons, established by the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction or, at the regional level, the Agency for the Prohibition nuclear weapons in Latin America and the Caribbean formed by the 1967 Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean.

To date, a set of norms has been formed and is in force, defining partial measures for disarmament. The essence of partial measures is the prohibition and elimination of certain types of weapons, the prohibition of their production, accumulation, deployment and use, the limitation of certain types of weapons in quantitative and qualitative terms, the narrowing of the possibility of qualitative improvement of weapons, the reduction of the scope or areas of deployment various kinds weapons. They are joined by confidence- and security-building measures that do not directly provide for arms limitation, but create favorable conditions for its implementation.

Weapons of mass destruction. The most developed set of norms relating to weapons of mass destruction. As defined by the United Nations as early as 1948, such weapons "should be defined to include nuclear explosive weapons, radioactive weapons, deadly chemical and biological weapons, and any future weapon developed having characteristics comparable in destructive effect to the atomic bomb and other weapons mentioned above."

Current international law prohibits the testing of nuclear weapons in the atmosphere, in outer space and under water (Treaty on the Prohibition of Tests of Nuclear Weapons in the Atmosphere, Outer Space and Under Water, 1963). This ban may become complete if the 1996 Comprehensive Nuclear-Test-Ban Treaty enters into force.

Any nuclear explosions, as well as the deployment of nuclear weapons, are prohibited in Antarctica (Antarctic Treaty 1959), in Latin America (Treaty to Prohibit Nuclear Weapons in Latin America and the Caribbean of 1967, known as the Treaty of Tlatelolco), in the southern part Pacific Ocean(South Pacific Nuclear-Weapon-Free Zone Treaty of 1985, known as the Rarotonga Treaty), in Southeast Asia (Southeast Asia Nuclear-Weapon-Free Zone Treaty of 1995, known as the Bangkok Treaty), in Africa (Treaty on the Nuclear-Weapon-Free Zone in Africa, 1996, known as the Treaty of Pelindaba), in Central Asia (Treaty on the Nuclear-Weapon-Free Zone in Central Asia, 2006, also known as the Treaty of Semipalatinsk) , on seabed and in its depths (Treaty on the Prohibition of the Deployment of Nuclear Weapons and Other Types of Weapons of Mass Destruction at the Bottom of the Seas and Oceans and in its Depths of 1971), on the Moon and other celestial bodies (Treaty on the Principles of Activities of States in the Exploration and Use of Outer Space, including the Moon and other celestial bodies, 1967).

The existing norms (the 1968 Treaty on the Non-Proliferation of Nuclear Weapons) are aimed at preventing the proliferation of nuclear weapons and preventing their acquisition by any state other than the five recognized as possessing them (the United States, Russia as the successor state of the USSR, Great Britain, France and China).

An urgent problem is the regulation of strategic nuclear weapons. The term "strategic weapons" is arbitrary and covers intercontinental ballistic missiles, heavy bombers as carriers of bombs, ballistic and cruise missiles, ballistic missiles launched from submarines, as well as strategic missile defense systems. Comparable tasks are capable of solving long-range sea-launched cruise missiles.

Until 2002, in relations between Russia and the United States, there was a ban on the deployment of anti-missile defense systems on the territory of the country or the creation of the basis for such a system, and certain quantitative and qualitative restrictions were applied to permitted systems (Treaty between the USSR and the United States on the limitation of anti-missile defense systems of 1972 (ABM Treaty)). The United States unilaterally withdrew from this Treaty, which, in turn, made it impossible for Russia to be bound by an obligation to refrain from actions that could deprive the object and purpose of the Russian-American Treaty on the Further Limitation and Reduction of Strategic Offensive Arms of 1993. Russia ratified him in 2000, which the US never did.

Strategic nuclear weapons of Russia and the United States are limited to certain total levels, within which each side determines the composition and structure of its strategic offensive weapons (Treaty between the Russian Federation and the United States on measures to further reduce and limit strategic offensive arms, 2010).

Even before the demise of the USSR, on the basis of its agreement with the United States, their ballistic and cruise missiles of medium and shorter range were eliminated, i.e. having a flight range in the range from 500 to 5500 km (Treaty on the Elimination of Intermediate-Range and Shorter-Range Missiles, 1987).

In addition to nuclear weapons, weapons of mass destruction include chemical and biological weapons.

Biological weapons are under a comprehensive ban: not only can they not be used in war, but also developed, produced and stockpiled, and the stocks are subject to destruction or diversion to peaceful purposes (Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and about their destruction in 1972).

Since 1925, chemical weapons have been illegal as a means of warfare (Protocol on the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Similar Gases and Bacteriological Means, 1925). The 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction no longer provides for a partial, but a comprehensive ban on chemical weapons, similar to that under which bacteriological weapons are located. The mechanism of the Convention has demonstrated its efficiency in the implementation in 2013-2014. Russian-initiated chemical demilitarization of Syria.

The universal rule prohibits the military or any other hostile use of means to influence natural environment, possessing destructive potential comparable to weapons of mass destruction (Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Natural Environment, 1977).

Nonproliferation regimes for weapons of mass destruction. The 1968 Treaty on the Non-Proliferation of Nuclear Weapons did not become an insurmountable obstacle in the way of states striving to acquire nuclear weapons. For example, in 1998, India and Pakistan tested nuclear warheads. There are serious grounds for believing that a number of other states, primarily Israel and North Korea, have nuclear weapons. The circle of states whose industrial and technological potential can enable them to develop and start production of their own nuclear weapons is even wider.

Strengthening the regime of non-proliferation of nuclear weapons, as well as other types of weapons of mass destruction, is achievable through the universalization of participation in the treaties that established them, as well as supplementing them with means of more reliable prevention of proliferation and coercion against violators.

However, by themselves, the Treaty on the Non-Proliferation of Nuclear Weapons and the Conventions on the Prohibition of Bacteriological and Chemical Weapons outlaw the transfer and acquisition of only, respectively, nuclear weapons, military pathogens and toxic chemicals and certain types of technologies and related equipment, but not their means of delivery, primarily rockets. The so-called Missile Technology Control Regime (MTCR), which arose in 1987 and is based on non-legal agreements to limit the supply of relevant products and technologies, is aimed specifically at solving the problem of missile nonproliferation. The weakness of the MTCR lies in the fact that it is far from universal in terms of participation (at the end of 2014 - 34 states), not all exporting states are represented in it, and there are practically no importers. A wider circle of participants (in 2014 - 137 states) developed within the framework of the MTCR International Code of Conduct to Prevent the Spread of ballistic missiles 2002 - a political document that could contribute to the development of an international legal act on the global missile nonproliferation regime.

An informal agreement called the Proliferation Security Initiative of 2003 is aimed at countering the illicit proliferation of weapons of mass destruction, their components, technologies, delivery vehicles by intercepting and detaining ships and aircraft suspected of carrying these cargoes.

The mechanism for the harmonization of export controls aimed at preventing the transfer of dual-use materials, technologies and equipment that can be used for the production of chemical and bacteriological weapons is the Australia Group, formed in 1984.

conventional weapons. The Treaty on Conventional Armed Forces in Europe of 1990 CFE obliges the European member states to reduce their conventional weapons and equipment within Europe to certain agreed levels that do not allow for a surprise attack and start large-scale offensive operations. Simultaneously with the Treaty, the Final Act of Negotiations on the Number of Personnel of Conventional Armed Forces in Europe of 1992, a political document establishing limits on the number of military personnel deployed by each State Party within the area of ​​application of the Treaty, entered into force.

In order for the Treaty to meet the conditions that have changed since its conclusion (the dissolution of the Warsaw Pact, the demise of the USSR, the emergence of new states in the area of ​​application of the Treaty), in 1999 the Agreement on the Adaptation of the Treaty on Conventional Armed Forces in Europe was signed, which Agreement of significant changes, amendments and additions. However, the delay in the entry into force of the Agreement in the context of the continued expansion of NATO, including at the expense of states whose armaments and military activities were not regulated by the Treaty, active US measures to prepare for the deployment of missile defense in Europe, forced Russia to suspend, starting from December 12, 2007. , acting for itself under the CFE Treaty, without withdrawing from it and leaving the possibility of resuming the operation of the treaty regime if the partners take into account its concerns.

A comprehensive ban on one type of conventional weapon is provided for in the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer anti-personnel mines and their destruction in 1997.

While the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Weapons Which May Be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, and its Protocols are primarily within the scope of rules governing the conduct of armed conflicts, some of its measures are to arms control measures.

There is growing urgency to strengthen control over the spread of the lung and small arms. In this area, there are a number of recommendations and rules that do not have the property of legal obligations developed within the framework of the UN and other organizations. In connection with the danger of terrorist attacks against air transport, limiting the spread of portable anti-aircraft missile systems(MANPADS). Along with some multilateral decisions, the Agreement between the Russian Federation and the United States on cooperation in the field of strengthening control over MANPADS of 2005 is aimed at countering this threat.

Demilitarization and neutralization. Along with the limitation and reduction of armed forces and armaments, the goal of disarmament can be achieved through the demilitarization and (or) neutralization of the territory.

Demilitarization is a treaty established international legal regime certain territory or spatial sphere, prohibiting their use for military purposes in peacetime. This measure involves the elimination of military fortifications and installations in the area and a ban on keeping armed forces there.

Neutralization is understood as a contractually established prohibition of conducting military operations in a certain territory or in a spatial sphere and using them as a base for military operations. The purpose of neutralization is to prevent the outbreak of war in or out of a given area, or, if hostilities somewhere nearby could not be prevented, the withdrawal of such an area from the theater of operations.

Confidence measures. Related to arms limitation and disarmament are confidence- and security-building measures, which can be broadly defined as special, contractual or otherwise conditional measures taken to ensure that the actions of one side are not intended to harm the security of the other side, in especially if these actions can be understood and evaluated as preparation for a surprise attack or its beginning, and really do not cause such damage. Such measures are not measures of real disarmament and do not replace them, but taken on their own or as ancillary measures, they create favorable conditions for the opening of negotiations or contribute to progress in negotiations already under way.

Confidence-and-security measures, which initially focused on improving communication between the parties, ensuring maritime navigational security, over time began to include notifications and other information on military activities, the exchange of observers and inspections at the sites of military activities. Confidence-building functions began to be assigned to bodies created in accordance with treaties on measures to limit and reduce arms.

The measures agreed in the 1960s and 1970s were mainly aimed at reducing the risk of armed conflict with the use of nuclear weapons, while subsequent measures were also intended to reduce the risk of conventional forces clashing. Recently, confidence-building and security measures have been transformed from military-technical measures, limited to providing information about the lack of preparation for a surprise attack, into comprehensive measures, characterized by the presence of such a degree of confidence that allows partners to develop and apply not only notification, but also deterrence, and in perspective and restrictive measures. This, in particular, is facilitated by the regime of aerial surveillance over vast areas of the territories of 34 states - parties to the 1992 Open Skies Treaty.

The good experience gained in the implementation of confidence- and security-building measures in Europe is being used in other regions. Thus, the formation in 2001 of the Shanghai Cooperation Organization was preceded by the conclusion of the Agreement between the USSR and the PRC on the guiding principles of the mutual reduction of armed forces and the strengthening of confidence in the military field in the area of ​​the Soviet-Chinese border in 1990, followed by the Agreement between Russia, Kazakhstan, Kyrgyzstan , China and Tajikistan on confidence-building in the military field in the border area of ​​1996 and the Agreement between the same states on the mutual reduction of armed forces in the border area of ​​1997.

The goal of forming a pan-Asian forum similar to the OSCE is pursued by the Conference on Interaction and Confidence Building Measures in Asia, which is based on the Declaration of Principles of 1999 and the Alma-Ata Act of 2002.

Compliance check. In its most general form, verification can be defined as a set of methods for monitoring the implementation of contractual obligations and analyzing the data obtained. Verification is carried out by providing each party to the agreement with information about the fulfillment of obligations by other participants, contributing to the achievement of the objectives of the agreement, preventing and detecting violations of its provisions and providing confidence in compliance with its provisions.

In the post-World War II period, for a long time, disagreements between states on verification issues were an obstacle to real disarmament, and were also used as a pretext against taking meaningful measures in this area.

Partial resolution of the contradiction between the need to limit armaments and the difficulty of coordinating verification measures became real with the development of national technical means for collecting data on objects located within state territories. These means were primarily understood as artificial satellites of the Earth, although they also included seismic stations and other equipment that made it possible to monitor the activities of states from the outside (outside a given territory, outside it). These funds are called "national technical means For a long time, they were the main method of verifying compliance with arms limitation agreements. Subsequently, other means were also used, in particular on-site inspections carried out by both national and international groups of inspectors.

To date, experience has been accumulated in developing, coordinating, translating into a treaty norm and functioning various mechanisms for verifying the fulfillment of obligations under agreements on the limitation and reduction of arms. As technical improvement increases, so does the reliability of NTSC. The current agreements prohibit the interference with these means, the use of deliberate camouflage measures that make it difficult to monitor the fulfillment of contractual obligations. A number of treaties include additional measures, such as equipping regulated weapons systems with special identification marks, demonstrating the distinctive features of new and converted strategic offensive weapons. It is also envisaged that the audited party NTSC assist the other party in situations specified by the agreement.

Experience gained from a number of treaty and other measures demonstrates the feasibility of developing and implementing on-site inspections, i.e. visits by teams of inspectors from one side to the territory of the other side or its facilities in another territory to verify compliance with agreed obligations. As the disarmament process develops, it embraces new systems, the specification of obligations, while at the same time the growth of trust between partners, their confidence in the expediency and reality of arms reduction, states show a growing readiness to accept more and more penetrating inspections. Thus, the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons provides, among other types of inspections, inspections of any facility upon request without the right to refuse.

A number of treaties provide for a combination of national and international means of verification. Provisions in this regard are contained, for example, in the 1971 Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Its Subsoil, according to which the verification system consists of several stages and can be carried out unilaterally , collectively by several participants or through international procedures within the UN and in accordance with its Charter. The same Treaty, as well as the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Environment, provides for recourse for verification purposes to consultative mechanisms in which experts act in their personal capacity.

There is experience in the use of multilateral forms of verification of compliance with contractual obligations. Thus, in accordance with the Treaty on the Non-Proliferation of Nuclear Weapons of 1968, verification of its observance by non-nuclear-weapon states is assigned to the IAEA, which provides guarantees and carries out international inspections. In other cases, the parties to the Treaty create a special body, which they endow with verification functions. For example, in addition to the verification of compliance with obligations under the Treaty of Tlatelolco by the IAEA, the relevant functions, including on-site inspections, are performed by the OPANAL agency established under the Treaty. The 1993 Chemical Weapons Convention established the Organization for the Prohibition of Chemical Weapons (OPCW), whose functions include the implementation of the provisions on international verification of compliance with the Convention. The OPCW played a key role in the chemical demilitarization of Syria in 2013-2014. A similar institution should be created on the basis of the 1996 Comprehensive Nuclear-Test-Ban Treaty.

International security law- a branch of international law, which is a set of norms and rules aimed at maintaining international peace and security. ( international security- a state where there is no threat to peace and security.)

The law of international security includes:

• Generally recognized norms of MP;
• Measures to prevent acts of aggression and eliminate threats to peace;
• Measures to limit and reduce armaments;

Sources of international security law

• UN Charter;
• International treaties that curb the nuclear arms race;
• International treaties limiting the buildup of armaments;
• International treaties prohibiting the production and use of certain types of weapons;
• International treaties aimed at suppressing and combating terrorism;
  and etc.

Collective security as an institution of international security law

Collective security system- a set of joint activities of states and international organizations to maintain international peace and security. Legally, the system of collective security is framed by international treaties.

Types of collective security systems

I. Universal or universal (provided by the UN charter)- this system is being created for all states of the world, regardless of in which part of the planet they are located. It is based on numerous universal treaties.

Main measures:

• Peaceful means;
• Coercive means (both armed and unarmed);
• Use of regional organizations for their activities.

The UN may demand from the members of the organization what measures to apply to implement its decisions (severance of economic relations, means of communication, severance of diplomatic relations, etc.). All members of the UN, in order to contribute to the common cause, must place at the disposal of the UN the armed forces necessary to maintain peace and security.

II. Regional systems of collective security- is created and operates in a separate region of the globe. Regional systems of collective security have no right to resolve issues affecting the interests of the whole world and the interests of states located in other regions. They have the right to make decisions only regarding regional actions. (The admission of new states to the regional system of collective security is possible only with the consent of all the states of this system)
The UN Security Council must always be fully informed of the actions taken by the regional systems to maintain peace and security.

Disarmament and arms limitation

Disarmament is one of the key issues of international security law.

The main areas for cooperation in this area:

• Nuclear disarmament - it is impossible to carry out test explosions in the atmosphere and outer space, under water, in any other environment, if such an explosion causes radioactive fallout;
• Also, states possessing nuclear weapons must not transfer them to other states, and states that do not have nuclear weapons undertake not to accept them;
• Prohibition of the production and elimination of certain types of weapons - it is forbidden to use asphyxiating, poisonous and other similar gases in war. It is forbidden to develop chemical and biological weapons;
• Limitation of certain types of weapons - for example, the limitation of anti-missile defense systems, the elimination of intercontinental missiles, etc.;
• Restriction of the territory for the placement of certain types of weapons - this direction implies that certain types of weapons cannot be located in a certain territory. For example, nuclear weapons and other weapons of mass destruction cannot be located at the bottom of the ocean;
• Limitation and reduction of armed forces - provides for the existence of treaties that limit the number of armed forces (military equipment).

Confidence-building measures and the institution of international control

Confidence Building Measures- an institution of international security law, which is a set of norms that establish information and control measures in order to prevent, prevent a surprise attack, as well as ensure the disarmament process.

Confidence building can include:

• Notifications about the launch of intercontinental missiles;
• Notification of major strategic exercises;
• Exchange of information on military forces (in relation to military organization, personnel, main systems of weapons and equipment);
• Information on plans for the deployment of weapons and equipment systems;
• Information about the military budgets.

international security- this is a world order in which favorable international conditions have been created for the free development of states and other subjects of international law.

International security in a broad sense includes a complex of political, economic, humanitarian, informational, environmental and other aspects of security.

International security in the narrow sense includes only its military-political aspects.

International security law-branch of international law, which is a system

mu principles and norms governing the military-political relations of states in order to ensure peace and international security. The norms of this industry are aimed at ensuring both international and national security.

Sources international security law is an international treaty, international custom, binding decisions of international organizations, primarily the Security Council of the United Nations.

The basis of international security law is generally accepted principles modern international law, including: non-use of force or threat of force, territorial integrity of states, inviolability of state borders, non-interference in the internal affairs of states, peaceful resolution of disputes, cooperation between states. In addition to the generally recognized principles of international law, the law of international security also has industry principles:

The principle of indivisibility of international security means that in the XXI century. the world, as never before, is indivisible. Planet Earth is a small part of the Universe. The states of our planet are closely interconnected. Any crisis in one part of the globe, be it natural disasters, armed conflicts or acts of international terrorism, immediately has a negative impact on other parts of it. The states set themselves the task of improving the universal system of international security, the foundations of which are laid down by the provisions of the Charter of the United Nations.

The principle of non-detriment to the security of other states involves such an external policy by the state, which takes into account the security of not only its own state, but also the entire world community to the maximum extent. Undoubtedly, ensuring the national security of the state is one of the priorities of the activities of its supreme bodies, because we are talking about the security of society, ensuring and protecting the rights of man and citizen. At the same time, each state, in the development and implementation of its foreign policy, the implementation of military-political and military-technical relations with other states, should maximally take into account all aspects of ensuring the security of both its allies and the international community as a whole.

In international security law long time justified the principle of equal and equal safety, which in its essence develops and concretizes the previous principle - non-application damage to the security of other states. This means that the state must ensure its own security, commensurate with the possibilities of ensuring the security of other states. This is a kind of security parity. However, real practice shows that this principle is applicable only in relations between militarily powerful states, for example, permanent members of the UN Security Council. With regard to states that cannot be classified as large and powerful, this principle was often not applied to them 45 .

Collective security system within the UN

Universal security is created as a whole for the planet Earth. It is based on a system of international treaties aimed at ensuring international security for all subjects of international law.

The universal system for ensuring international security has been formed within the framework of the United Nations. This organization has the right to take preventive measures in case of a threat to the international community, making joint efforts with the states concerned in order to peacefully resolve disputes on the basis of paragraph 3 of Article 2 and Ch. IV of the UN Charter. The actions of the UN Members should be aimed at implementing the principle of prohibition of the use of force or the threat of force, paragraph 4 of Article 2 of the Charter. The UN seeks to organize a broad

The events of the last two decades, when the United States used force against Grenada (1983), Nicaragua (1984), Yugoslavia (1999), Iraq (2003), clearly show that not everyone is guided by the principle of equal and the same security. This principle was formed in an era when two main economic and political systems competed in the international arena - socialist and capitalist. Their personification was the USSR and the USA, which, by the power of their weapons, by the beginning of the 70s of the XX century. many orders of magnitude superior to other states. It was then that these two, as they were called, superpowers in the military sphere reached strategic parity. Neither could allow the other side to take the lead militarily. And this was a boon for the whole world, since the threat of a nuclear cataclysm did not allow the USSR and the USA to resort to weapons to settle disputes between them. This strategic parity allowed the two powers to begin a long-term process of limiting and reducing nuclear weapons and their means of delivery. After the collapse of the USSR in 1991, the United States emerged as a world leader, as it not only retained its former power, but also significantly increased it. Naturally, the United States had a desire to use its enormous economic, financial and military power to arrange the world in an American way. And immediately the existence of the principle of equal and equal security was threatened. This principle was subjected to especially harsh attacks at the turn of the 20th and 21st centuries, when the United States not only undertook military actions against a number of states, but also withdrew from such an international agreement as the basis for strategic stability as the Anti-Ballistic Missile Treaty of 1972.

cooperation of member states in order to resolve international problems by peaceful means and thereby reduce instability in the region (clause 3, article 1, chapters IV and IX of the UN Charter). The principle of disarmament (Article 11 of the UN Charter) is called upon to solve the same problem.

Within the framework of the UN, the main bodies for ensuring international peace and security are the General Assembly and the Security Council.

It is known that as a result of the discussion, the Assembly adopted a number of resolutions, including: the definition of aggression in 1974; strengthening of international peace, security and international cooperation in all its aspects in 1989, etc.

Besides security measures within the UN may include:

preventive diplomacy– actions aimed at preventing the occurrence of disagreements and preventing disputes from escalating into large-scale international conflicts;

peacekeeping are comprehensive measures aimed at ensuring that, through negotiations and other international means to settle the dispute and bring the parties to an agreement;

peacekeeping- means the organization and conduct of military operations, both for the prevention of conflicts and for the establishment of peace. In addition, certain efforts are required on the part of the UN to maintain the situation in the region after the appropriate operations have been carried out.

When it is necessary to move from a general political discussion to concrete steps to ensure peace, then the participation of the UN Security Council is required. The Security Council begins its activities in accordance with Article 39 of the Charter with an assessment of the situation. Does it determine whether there is a threat to the peace, a breach of the peace, or an act of aggression? The UN Security Council is the only body that has the right to take concrete practical steps to correct the situation. To this end, the UN Security Council has the right to introduce temporary measures to implement its decisions or resolutions of the UN General Assembly.

In order to reduce confrontation in "hot spots", the UN has the right, in accordance with Article 40 of the Charter, to apply peacekeeping operations. Peacekeeping operations require the fulfillment of a number of conditions: the consent of the governments of the parties to conduct such operations; the presence of a specific UN mandate for those forces that are involved in this operation; organizing the management of the operation by the UN Security Council, etc.

Taking into account the established practice, it can be concluded that such operations are a set of actions of military, police and civilian personnel with the aim of stabilizing the situation in the conflict area, achieving a political settlement of the conflict, maintaining or restoring international peace and security. In the practice of the UN, such two types of operations:

conducting a mission of military observers "blue berets" 46 - the use of unarmed military personnel in the conflict zone;

conducting peacekeeping operations "blue helmets" - the use of a military contingent with light small arms.

If the actions taken by the international community were not successful, then among the possibilities of the UN there is also Art. 41 and 42 of the Charter, which allows military operations to be carried out using the military contingent of UN member states. The Military Staff Committee should have taken part in the implementation of Article 42 of the UN Charter, but it was never created during the Cold War, so the real leadership was entrusted to one of the Deputy Secretary Generals of the UN.

Chapter VII of the UN Charter provides for the creation of coalition forces formed from the military contingents of UN member states and used by decision of the Security Council and under its leadership in the implementation of coercive measures to maintain or restore international peace and security. For this purpose, the UN Charter obliges all members of the organization to place at the disposal of the UN Security Council, at its request and in accordance with a special agreement or agreements, armed forces, police forces and related facilities.

In the mid-80s of the twentieth century, it became clear to politicians that a further build-up of weapons does not make sense, undermines the country's economy and depletes the budget of states. Gradually, the attitude of states towards this issue began to change, and bilateral treaties and regional agreements began to be concluded. The most important results of this approach were the following agreements: Treaty on the Prohibition of Testing of Nuclear Weapons in the Atmosphere, Outer Space and Under Water 1963; Nuclear Non-Proliferation Treaty 1968; Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Types of Weapons of Mass Destruction on and in the Bottom of the Seas and Oceans 1971 and others

An important role in ensuring security is played by confidence-building measures - these are individual organizational and technical measures aimed at preventing unauthorized missile launches, notification of large troop movements, inviting military observers to military exercises, etc., which ultimately should lead to a decrease in military confrontation and the establishment of

In 1948, the UN used UN military observers ("blue berets") for the first time to observe the terms of the truce in Palestine.

Prevention and liquidation of emergency situations, as well as ensuring security in emergency situations at the international level, is an integral element of the international security system.

The system of international security must be based on international norms and principles, with their observance by all subjects of international cooperation. However, international security is currently under threat, so the situation in the world can be assessed as unstable. International conflicts have a negative impact on world security, and cause or may cause emergencies, which, at times, reach catastrophic proportions.

The UN report notes that in 2014 the total number of displaced persons in Syria will reach 6.5 million (at the end of 2013 their number is estimated at 4.25 million). According to the Ministry of Emergency Situations of Russia, as of July 2014, the number of refugees from Ukraine to the territory of Russia amounted to more than 21 thousand people.

In the context of international security, each state has best conditions to improve the material standard of living of people, the free development of the individual, ensuring the rights and freedoms of man and citizen.

International norms governing the provision of international security form a relevant industry - international security law, which is a branch of international law, including a set of principles and norms governing the relations of states to ensure international security.

The basis of the law of international security are generally recognized international principles, including: non-use of force or threat of force, territorial integrity of states, inviolability of state borders, non-interference in the internal affairs of states, peaceful resolution of disputes, cooperation between states. See, for example, the UN Charter, Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the 1970 UN Charter.

There are also special principles:

The principle of indivisibility of international security. Really, modern development society, infrastructure, economy implies a close interconnection of all states in the world. Experience shows that any emergency in one part of the world can cause Negative consequences in another part of it. Armed conflicts, accidents and catastrophes cause crises not only in the countries where they occur. The interests of other states, sometimes tens and even hundreds of countries, are often affected. Therefore, all states should set themselves the task of improving and developing the system of ensuring international security, and not just the security of their region.

The principle of unimpaired safety other states implies the conduct by each state of such a foreign policy that takes into account the security of not only its own state, but also the entire world community to the maximum extent.

The principle of equal and equal security means that the state must ensure its own security, commensurate with the possibilities of ensuring the security of other states.

There are two types of international security: universal and regional. Both types of international security are collective security, that is, they can only be ensured by the collective efforts of all or most states of the world or region.

Universal Security created in general for our planet. It is based on a system of international agreements (treaties) aimed at ensuring international security for all states.

The universal system for ensuring international security has been formed within the framework of the United Nations (UN). Its main body for ensuring international security is the UN Security Council (UN Security Council). In accordance with the UN Charter, the UN Security Council has the right to determine whether there is a threat of aggression in the world, whether it is actually carried out, what measures must be taken in order to maintain peace and ensure international security in full.

The UN Security Council is a permanent body and has the right to apply a set of measures to the aggressor, including the use of armed force, in order not only to stop aggression, but also to create conditions for preventing it in the future. However, these measures can be applied only with the unity of all states - permanent members of the UN Security Council.

Regional international security- this is security in a separate region. For example, the system of collective security in Europe is based on the mechanism of functioning of a number of systems, including the Organization for Security and Cooperation in Europe (OSCE). Collective European security within the framework of the OSCE began to take shape in 1975, when 33 European states and the United States and Canada signed the Final Act of the Conference on Security and Cooperation in Europe (CSCE) at the highest level. The OSCE currently includes 57 states from Europe, Central Asia and North America. Russia is a member of the OSCE.and the North Atlantic Treaty Organization (NATO)http://www.nato.int.

Within the framework of the OSCE, high-level meetings and meetings at the level of foreign ministers were held. Their result was the adoption of a large number of documents, including in the field of ensuring collective security. For example, in 1999 OSCE member states adopted the Charter for European Security. It reflects the concept of security of the world community, focused on the 21st century. It is based on two principles: collectivity, in which the security of each participating state is inextricably linked with the security of all others, and the principle of the UN Security Council's primary responsibility for maintaining international peace.

The OSCE has been identified as one of the main organizations for the peaceful settlement of disputes in its region and one of the main instruments in the field of early warning and conflict prevention.

OSCE in 2014 actively participates in the settlement of the crisis in Ukraine.

Collective European security is also ensured within the framework of NATO, which has a powerful military force. These forces can be called into action in the event of a threat to the security of NATO member states. NATO currently has 28 member states. However, NATO is trying to expand its borders. or, as practice shows, the emergence of unstable regions in Europe.

Russia does not welcome NATO expansion. However, Russia cooperates with NATO on the most important issues security. To this end, in May 2002, a corresponding agreement was signed between Russia and NATO, after which the first meeting of the new Russia-NATO interaction and cooperation body was held in Rome. Since the creation of the Russia-NATO Council, these actors of international relations have worked together on various issues, from the fight against drug trafficking and the fight against terrorism, to submarine rescue and civil emergency planning. At present, relations between Russia and NATO have become tense. On April 1, 2014, NATO Foreign Ministers condemned Russia's illegal military intervention in Ukraine and Russia's violation of Ukraine's sovereignty and territorial integrity. Ministers stressed that NATO does not recognize Russia's illegal and illegal attempt to annex Crimea

essential to ensure European security is Treaty on the Limitation of Armed Forces in Europe (CFE) of 1990. This Treaty should operate in an adapted form, as agreed by its participants by signing in November 1999 in Istanbul the relevant Agreement on Adaptation of the CFE Treaty. In accordance with the provisions of the adapted CFE Treaty, the states located in Central Europe, should not exceed the corresponding armament parameters stipulated by the Treaty.

One example of creating the foundations of regional collective security is the signing on April 25, 2002 Document on Confidence and Security Building Measures in the Black Sea. In conjunction with the Agreement on the Establishment of the Black Sea Naval Operational Cooperation Group Blackseafor The main tasks of Blackseafor are: conducting joint exercises of a search and rescue nature, mine action and humanitarian operations, defense operations environment, as well as conducting goodwill visits. The Confidence Building Measures document forms an integral mechanism for naval cooperation in the region. In particular, it provides for the exchange of various information, including annual plans for naval activities and advance notices of ongoing activities. A number of sections of the Document are devoted to the development of naval cooperation between the Black Sea states. The participants of the Document were six Black Sea states: Russia, Bulgaria, Georgia, Romania, Turkey and Ukraine.

Another example of the formation of a regional system of collective security is within the Shanghai Cooperation Organization (SCO). Six states are members of the SCO: Kazakhstan, China, Kyrgyzstan, Russia, Tajikistan and Uzbekistan. The SCO is active in the field of ensuring security in the region where the member states are located.

International security at the regional level is also ensured within the framework of the CIS. Currently, eleven states are members of the CIS: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. is an organization of general competence. The organization of special competence to ensure collective security is Collective Security Treaty Organization (CSTO). Currently, six states are members of the CSTO: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan. .The purpose of the CSTO is to ensure security in the region where the participating states are located. See, for example, the 1992 Collective Security Treaty, the CSTO Charter of October 7, 2002.

In accordance with the Declaration of the CSTO member states, adopted at the June 2006 session of the Council of the Collective CSTO security, it is noted that one of the main directions for the development integration processes within the framework of the CSTO is the activity in the field of prevention and elimination of the consequences of emergency situations.

In 2007, in order to coordinate the interaction of ministries and departments of the CSTO member states in the field of prevention and liquidation of the consequences of emergency situations, the Organization established the Coordinating Council for Emergency Situations of the Member States of the Collective Security Treaty Organization (KSChS), which included the heads of authorized bodies for emergency situations. A member of the Coordinating Council for Emergency Situations of the Collective Security Treaty Organization from Russia is the Minister of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters.

The KSChS is responsible for solving problems on:

Organization of interaction between authorized bodies in order to prevent and eliminate the consequences of emergency situations;

Development of proposals for the implementation of joint organizational and practical measures aimed at preventing emergency situations and increasing the effectiveness of measures to eliminate their consequences;

Development of the international legal framework for cooperation in the field of prevention and elimination of the consequences of emergency situations;

Preparation of proposals for improving and harmonizing the national legislations of the CSTO member states;

Coordinating the preparation and conduct of joint activities to prevent and eliminate the consequences of emergency situations;

Preparation of proposals for the development of draft interstate programs and plans for the prevention and elimination of consequences of emergency situations;

Organizations for the exchange of experience and information, assistance in the training and advanced training of personnel;

Participation in the methodological and informational and analytical support of the authorized bodies of the Member States of the Organization in the field of prevention and elimination of the consequences of emergency situations.

On the basis of the Decision of the Collective Security Council, which adopted amendments to the Regulations on the KSChS CSTO, the Chairman of the Coordinating Council is appointed starting from 2010 for a period of three years. From December 2010 to Coordinating Council the Republic of Belarus chaired. In 2013, the chairmanship passed to Kazakhstan for three years. Vladimir Bozhko, Minister for Emergency Situations of the Republic of Kazakhstan, headed the KSChS CSTO.

Of great importance in ensuring international, regional and national security are bilateral agreements between states, for example, between Russia and France. In order to deepen interaction between the two states on international security issues and in the field of bilateral relations, in accordance with the decision of the presidents of the two countries, the Russian-French Council for Security Cooperation was established. The main topics on the agenda of the Council are the problems of global and regional security, the fight against terrorism, countering the proliferation of weapons of mass destruction (WMD). Within the framework of the Council, joint working groups have been formed on the nonproliferation of WMD and on combating new threats and challenges.

Thus, international security occupies the most important place in the system of international relations, since the development and fruitful cooperation of states in all spheres of relations, including in the field of prevention and elimination of emergency situations, is possible on the principles of international security.

International security in the field of prevention and liquidation of emergency situations- the state of protection of states, their citizens, material and cultural values ​​from the threats of emergency situations that have arisen and may arise.

International security in emergency situations involves:

Ensuring the security of states and their citizens in emergency situations;

Emergency warning;

Elimination of emergency situations;

Protection of people and material objects from emergency situations;

Restoration of territories;

Regulatory legal regulation this area;

Creation of forces and means of prevention and liquidation of emergency situations.

Ensuring international security in the field of prevention and liquidation of emergency situations is possible only with the cooperation of states and (or) international organizations.

Such international cooperation is carried out on international norms and principles. Among these principles are the following, which, in particular, regulate relations to ensure safety in emergency situations:

The principle of sovereign equality of states;

The principle of non-use of force and threat of force;

The principle of inviolability of state borders;

The principle of territorial integrity (inviolability) of states;

The principle of peaceful resolution of international disputes;

The principle of non-interference in internal affairs;

The principle of indivisibility of international security;

The principle of non-damage to the security of other states;

The principle of equal and equal security, as well as:

The environment is the common concern of mankind;

Freedom to explore and use the environment;

Rational use of the environment;

Interdependence of environmental protection and human rights. People have the right to live in good health and to work productively in harmony with nature;

Prevention of environmental pollution;

State responsibility;

The one who pollutes pays;

The principle of access to information relating to the environment, etc.

Prevention and liquidation of emergency situations can be carried out both within the framework of one state, and within a certain region or the whole world.

The main way to ensure international security in the field of prevention and liquidation of emergency situations is international cooperation in this area, which is determined by the peculiarity of the main participants in international relations - states. States have sovereignty, which determines the nature of their relationship - mutual cooperation.

Indeed, international cooperation is an essential element of ensuring security for Russia as well. The National Security Strategy of the Russian Federation notes that the world is developing along the path of globalization of all spheres of international life, which is characterized by high dynamism and interdependence of events. Contradictions escalated between the states. The vulnerability of all members of the international community in the face of new challenges and threats has increased. As a result of the strengthening of new centers of economic growth and political influence, a qualitatively new geopolitical situation is emerging. The failure of the existing global and regional architecture, oriented, especially in the Euro-Atlantic region, only to NATO, as well as the imperfection of legal instruments and mechanisms, increasingly pose a threat to international security, including in emergency situations. Decree of the President of the Russian Federation of May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020” // Collection of Legislation of the Russian Federation of May 18, 2009 No. 20, Art. 2444

Attention international politics in the long term will be focused on the possession of sources of energy resources, including in the Middle East, on the shelf Barents Sea and in other regions of the Arctic, in the basin of the Caspian Sea and in Central Asia. The negative impact on the international situation in the medium term will continue to be exerted by the situation in Iraq and Afghanistan, conflicts in the Middle East, in a number of countries in South Asia and Africa, and on the Korean Peninsula.

It is noted that in the long term, the Russian Federation will strive to build international relations on the basis of international principles, ensuring reliable and equal security of states. To protect its national interests, Russia, remaining within the framework of international norms, will pursue a rational and pragmatic foreign policy. Russia views the UN and the UN Security Council as a central element of a stable system of international relations based on respect, equality and mutually beneficial cooperation between states based on civilized political instruments for resolving global and regional crises. Russia will increase interaction in such multilateral formats as the G20, RIC (Russia, India and China), BRIC (Brazil, Russia, India and China), as well as use the opportunities of other informal international institutions.

The development of relations of bilateral and multilateral cooperation with the CIS member states is a priority direction of Russia's foreign policy. Russia will strive to develop the potential for regional and sub-regional integration and coordination in the space of the CIS member states within the framework of, first of all, the Commonwealth of Independent States itself, as well as the CSTO and the Eurasian Economic Community (EurAsEC), which have a stabilizing effect on the general situation in the regions bordering the states - members of the CIS. See ibid. P.13

The Russian Federation stands for the comprehensive strengthening of the mechanisms of interaction With European Union, including the consistent formation of common spaces in the spheres of the economy, external and internal security, education, science, and culture. It is in the long-term national interests of Russia that an open system of collective security be formed in the Euro-Atlantic region on a certain contractual and legal basis.

In order to maintain strategic stability and equal strategic partnership, the Russian Federation will participate in the activities carried out under the auspices of the UN and other international organizations to eliminate natural and man-made disasters and emergencies, as well as in the provision of humanitarian assistance to affected countries.

Thus, the National Security Strategy of Russia describes the international economic, political, social and other situation that is currently or may be a threat of large-scale emergencies requiring the participation of the entire world community.

The Strategy of the state national policy determines that the development of national, interethnic relations is influenced by such a negative factor of a global or transboundary nature as the unifying influence of globalization on local cultures, the unresolved problems of refugees and internally displaced persons, illegal migration, expansion international terrorism and religious extremism, international organized crime. Decree of the President of the Russian Federation of December 19, 2012 No. 1666 "On the Strategy of the State National Policy of the Russian Federation for the period until 2025"

The tasks in the field of international cooperation in the implementation of the state national policy of the Russian Federation are:

Promoting the formation of a positive image of the Russian Federation abroad as a democratic state that guarantees the satisfaction of the ethno-cultural needs of citizens on the basis of centuries-old Russian traditions of harmonizing interethnic relations;

Carrying out monitoring of international events and activities of international organizations that can affect the state of interethnic relations in the Russian Federation;

Ensuring the protection of the rights and legitimate interests of Russian citizens and compatriots living abroad, based on the generally recognized principles and norms of international law, international treaties of the Russian Federation;

Using the mechanisms of cross-border cooperation for the purposes of ethno-cultural development, socio-economic cooperation, creating conditions for free communication between families of divided peoples;

Creation, within the framework of interstate contacts and agreements, of conditions for Russian citizens and compatriots living abroad to guarantee their humanitarian contacts and freedom of movement;

Using the resource of public diplomacy through the involvement of institutions civil society in solving the problems of international cultural and humanitarian cooperation as a means of establishing an intercivilizational dialogue, ensuring mutual understanding between peoples;

Strengthening international cooperation in the field of regulation of migration processes, ensuring the rights of labor migrants;

Establishment of partnerships within the framework of the UN, UNESCO, OSCE, Council of Europe, SCO, CIS and other international organizations. See ibid. P.21

These tasks should be implemented in any area of ​​international cooperation, including in the field of prevention and liquidation of emergency situations.

The main body of state power in the field of international cooperation in Russia - Ministry of Foreign Affairs (MFA) of the Russian Federation.

The Ministry of Foreign Affairs of the Russian Federation is the head body in the system of federal executive bodies in the field of relations with foreign states and international organizations and coordinates:

Activities of federal executive authorities, including the Ministry of Emergency Situations of Russia, in the field of international relations and international cooperation;

International relations of the subjects of the Russian Federation;

International activities of organizations authorized in accordance with the Federal Law Federal Law of the Russian Federation of July 15, 1995 No. 101-FZ “On International Treaties of the Russian Federation” to submit proposals to the President of the Russian Federation or to the Government of the Russian Federation on the conclusion, implementation and termination of international treaties of Russia . Decree of the President of the Russian Federation of November 8, 2011 No. 1478 “On the coordinating role of the Ministry of Foreign Affairs of the Russian Federation in pursuing a unified foreign policy line of the Russian Federation” // Collection of Legislation of the Russian Federation of November 14, 2011 No. 46, Art. 6477

Ambassadors Extraordinary and Plenipotentiary of the Russian Federation in foreign states must ensure the implementation of a unified foreign policy line of the Russian Federation in the host states and, for this purpose, coordinate the activities and control over the work of other representative offices of the Russian Federation located in the host states, representative offices of federal executive bodies, Russian state institutions, organizations, corporations and enterprises, their delegations and groups of specialists, as well as representative offices of the constituent entities of the Russian Federation.

On the territory of the Russian Federation, the main body responsible for the prevention and liquidation of emergency situations is the Ministry of Emergency Situations of Russia.