Topic # 2 for officers,

No. 9 for ensigns (midshipmen),

No. 8 for sergeants (petty officers), soldiers (sailors).

questions:

1. Legislation of the Russian Federation on the system of leadership and management of the military organization of the state.

2. The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.

Effective implementation of the tasks facing the Armed Forces largely depends on the availability and quality of the regulatory framework governing the creation and functioning of the Armed Forces. Currently, the army and navy are undergoing a period of reform. This requires bringing the state's defense and security legislation in line with existing realities.

1

The basis of the legislative framework of the country's military organization is the Constitution of the Russian Federation and the Law "On Defense". They contain fundamental legal norms on the defense and security of the State. These documents define the basics of organizing the country's defense, set out the rights and obligations of state authorities and local self-government bodies, enterprises, institutions, organizations, officials and citizens in the field of defense, structures and organizations of the Armed Forces of the Russian Federation, and state responsibility for violating legislation and other norms related to the country's defense.

The Constitution of the Russian Federation and the Law "On Defense" assign an extremely important place in the system of state security and armed protection of its citizens to the highest state authorities. Thus, the Federation Council is responsible for approving decrees of the President of the Russian Federation on the introduction of martial law and a state of emergency, as well as on involving the Armed Forces, other troops, military formations and bodies using weapons to perform tasks not only for their intended purpose, and deciding on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation. The Federation Council deals with defense expenditures, establishes them through federal laws on the federal budget adopted by the State Duma, and also reviews federal defense laws adopted by the State Duma.

The State Duma considers defense expenditures established by federal laws on the federal budget; adopts federal laws in the field of defense, thereby regulating various aspects of defense organization and military construction activities.

In addition to these powers, the Federation Council and the State Duma exercise parliamentary control over the above-mentioned issues through their security and defense committees.

The Government of the Russian Federation develops and submits to the State Duma proposals on defense expenditures in the federal budget. The Government of the Russian Federation is responsible for the state of the Armed Forces of the Russian Federation and organizes their equipping with weapons and military equipment, providing material resources, resources and services in accordance with the orders of the Ministry of Defense of the Russian Federation.

Thus, the Federal Assembly of the Russian Federation and the Government of the Russian Federation, in accordance with constitutional norms, exercise State leadership over the country's defense and its Armed Forces. The competence of the above-mentioned bodies and the President of the Russian Federation includes consideration and resolution of all fundamental issues related to ensuring the defense capability and security of our state.

To implement the adopted decisions

page 53

the state authorities of decisions related to the Armed Forces require constant organizational work. This activity is carried out by special military bodies united in the system of the Ministry of Defense of the Russian Federation. Their activities at all levels are carried out on the basis of ensuring security, combat and mobilization readiness of the Armed Forces of the Russian Federation.

The system of military bodies that exercise state power in the Armed Forces, i.e. military administration, consists of: central bodies; administrative bodies of associations, military formations and units; military commissariats (local military administration bodies); heads of garrisons (senior naval commanders); military commandants.

Direct leadership of the Russian Armed Forces is provided by the Minister of Defense through the Ministry of Defense and the General Staff. The Minister of Defense of the Russian Federation is a member of the Government and works under the leadership of the Prime Minister of the Russian Federation. He is the direct head of all personnel of the Armed Forces of the Russian Federation and is personally responsible for the performance of tasks assigned to the Ministry of Defense. On the most important issues of life and activity of the Armed Forces of the Russian Federation, it issues orders and directives, as well as puts into effect regulations, instructions, and other legal acts regulating various issues of life, everyday life, and activities of the troops.

The Ministry of Defense of the Russian Federation participates in the preparation of proposals on military policy and military doctrine of the Russian Federation, develops a concept for the construction of the Armed Forces of the Russian Federation. It prepares the Federal State Program for Armament and Military Equipment development, proposals for the state defense order, and defense expenditures in the draft federal budget.

The General Staff develops proposals on the Russian military doctrine, the plan for the construction of the Armed Forces of the Russian Federation and coordinates the development of proposals on the size of the Armed Forces of the Russian Federation, other troops, military formations and bodies. It also prepares a plan for the use and mobilization of the Armed Forces, a Federal State program for operational equipment of the country's territory for defense purposes. The General Staff sets the quantitative standards of conscription for military service, military fees, and carries out a number of other activities in the field of defense and security of the country.

The structure of the central office of the Ministry of Defense of the Russian Federation includes a number of main and central departments responsible for certain functions. In addition, the central bodies of the Ministry of Defense of the Russian Federation include the Main Commands of the Armed Forces of the Russian Federation.

The military district administration includes the headquarters of the military district, departments, departments, services, and other structural divisions. The military district is headed by the commander of the military district's troops.

The management structure of a separate military unit and the main responsibilities of its officers are defined by the Charter of the Internal Service of the Armed Forces of the Russian Federation.

A number of other laws also form the legal basis for the country's defense, the main ones being the Federal Laws "On the Status of Military Personnel ", "On Military Duty and Military Service ", "On Mobilization Training and Mobilization in the Russian Federation" and others.

Taking into account the fact that modern realities require a qualitative transformation of the entire military organization of society, the process of improving its legislative framework is being carried out. Thus, on April 21, 2000, in accordance with the Constitution of the Russian Federation and the Federal Law "On Defense", the President of Russia approved the Military Doctrine of the Russian Federation. It forms part of a set of documents regulating and organizing activities in the field of ensuring the country's military security. Its instructions are mandatory for all state administration bodies of the Russian Federation, which bear full responsibility for ensuring military security, the state of the country's defense capability, combat and mobilization readiness of the Armed Forces, and their combat capability, within the limits of their powers defined by the legislation. The military doctrine of the Russian Federation has become more pragmatic and less politicized. The scope of tasks facing the Armed Forces has been significantly changed, and the use of nuclear weapons has been clearly emphasized.

2

The highest official of our state is the President of the Russian Federation. As the head of state, he is simultaneously the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, exercises general leadership of the Armed Forces of the Russian Federation, and acts as a guarantor of the security of the Russian Federation.

Exercising his powers, the President determines the main directions of the military policy of the Russian Federation, among which the most important place is occupied by the problems of creating, strengthening and improving the military organization, technical equipment of the Armed Forces, determining the prospects for the development of military equipment, and state mobilization capabilities.

Among its powers, there are many that directly affect the combat readiness of the Armed Forces. It approves the Military Doctrine of the Russian Federation, concepts and plans for the construction and development of the Armed Forces, other troops and military formations, federal state armament programs and the development of the defense industrial complex. It also approves all programs of nuclear and other special tests. Only the President of the state, as the Supreme Commander-in-Chief, has the right to approve such a fundamental document as the Plan for the Use of the Armed Forces of the Russian Federation. Equally important is the review and approval by the President of the Mobilization Plan of the Armed Forces, which, according to

page 54

In its essence, it is a directive document on the transfer of the entire state mechanism, and not just the Armed Forces, to functioning in wartime conditions. The plan defines the procedure for the work of state authorities of Russia, subjects of the Russian Federation, local self-government and the country's economy in wartime. The President of the Russian Federation is preparing and approving a Federal state program for operational equipment of the territory of the Russian Federation, and it is planned to create reserves of material values of state and mobilization reserves. In addition, the President approves the Regulations on Territorial Defense and the Civil Defense Plan.

The President of the Russian Federation also approves the structure, composition and staffing of the Armed Forces of the Russian Federation, other troops, military formations and bodies. The list of military positions held by senior officers in the Armed Forces and other troops is also approved by the President. He also has the right to appoint military personnel to these positions and assign them the highest officer ranks. The President's powers include issuing decrees on conscription of citizens for military service (with an indication of the number of conscripts), approving the Civil Defense Plan of the Russian Federation and Regulations on Territorial Defense.

The President of the Russian Federation also approves the most important documents regulating the vital activity of military units, such as general military charters, regulations on the Battle Banner of a military unit, the naval flag, the procedure for military service, military councils, and military commissariats. It considers the deployment (location) of formations and larger formations of the Armed Forces and other troops.

As the head of State, in his foreign policy activities, he negotiates and signs international treaties of the Russian Federation in the field of defense, including treaties on joint defense, collective security, reduction and limitation of Armed Forces and armaments, on their participation in peacekeeping and international security operations. Defense is one of the most important functions of the state, an element and guarantor of security. These provisions on the basics of defense are the starting points in determining the legal status of the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, the scope and nature of his powers to protect the security and integrity of the state.

The President of the country has the right to promptly make the most important decisions related to the country's defense and ensuring the safety of citizens. It, in accordance with the Law of the Russian Federation on Martial Law, enacts and terminates normative legal acts of wartime, forms and abolishes executive authorities for the period of wartime in accordance with the Federal Constitutional Law on Martial Law. In the event of aggression against Russia or an immediate threat of aggression, the President of the Russian Federation issues an order on the introduction of martial law. It can be imposed on the territory of the entire country or in certain areas that have been attacked or are threatened by an attack, or that are of particular importance for the defense of the country. By introducing martial law, the President grants special powers to State authorities, local self-government bodies, and organizations. At the same time, special military management bodies may be created, whose power also extends to civilians.

When martial law is imposed, the President of the Russian Federation immediately informs the Federation Council and the State Duma. The presidential decree on the introduction of martial law must be approved by the Federation Council.

The President of the Russian Federation, in accordance with federal law, has the right to make a decision on the involvement of the Armed Forces, other troops and military formations in the performance of tasks with the use of weapons not for their intended purpose.

Fulfilling his constitutional duties and tasks assigned to him by the Constitution of the Russian Federation and the Federal Law "On Defense", the President of the Russian Federation - Supreme Commander-in-Chief of the Armed Forces of the Russian Federation ensures the preparation of the country for repelling possible aggression, manages all aspects of the process of maintaining the Russian army and Navy in a combat-ready state corresponding to the level of threats to the national security of the country. Defense is organized and carried out in accordance with international law and international agreements. The Constitution of the Russian Federation, the current legislation of the Russian Federation and the Military Doctrine of the Russian Federation.

The President of Russia forms and heads the Security Council of the Russian Federation. Its main functions are to develop proposals for ensuring the protection of the constitutional order, State sovereignty, and territorial integrity of the country, and to participate jointly with other bodies in the development of the military policy of the Russian Federation. The practical activity of the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation provides for the leadership of all the most important areas of work of the Ministry of Defense.

Thus. The President of the Russian Federation occupies an independent and extremely important place in the system of ensuring the security of the state and the armed protection of its citizens. Its powers are aimed at creating conditions for interaction between all branches of government to protect Russia's state sovereignty and strengthen the country's defense capability. The President of the Russian Federation, as the Supreme Commander-in-Chief of the Armed Forces, has a special responsibility to the people for the state of the Russian Armed Forces and their readiness to defend their State and people.

Lieutenant Colonel Alexander GORDIEVSKY

page 55

Permanent link to this publication: