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The guards the law

Гвардейцы в законе

The state Duma on Wednesday, may 18, will consider a bill to create the national guard in the first reading. The guards will be able to detain citizens, to check the documents, enter the dwelling, to use force, special means and weapons if necessary. It began the first purchase of weapons — flame throwers and machine guns. The staff of the national guard was planned to allow shooting at a large gathering of people, if necessary to prevent terrorist attacks or the release of the hostages.

On the establishment of National guard troops of the Russian Federation President Vladimir Putin announced on 5 April 2016 at the meeting with the commander of the internal troops, Viktor Zolotov, head of the Ministry of internal Affairs Vladimir Kolokoltsev, Director of the Federal drug control service Viktor Ivanov and first Deputy head of the FMS Ekaterina Egorova. Later it was published and the decree of the President about creation of new Federal service, and in the state Duma was introduced the bill “About National guard troops of the Russian Federation, and related to its adoption of amendments to the legislation.

Under the bill, a new power structure will be given the same powers that were from the internal troops, OMON, SOBR and MVD tssn. The national guard will be entitled together with the police to protect public order and provide security. Guard troops allowed to participate in counterterrorism operations. In addition, guardsmen will protect important state objects, to assist the FSB border service in the protection of the state border, to monitor compliance with legislation in the sphere of turnover of weapon and private security.

“Guard troops carry out their activities on the basis of principles of legality, observance of rights and freedoms of man and citizen, unity of command and centralization of management”, — the document says. To obey the guard will be the President of the Russian Federation, and command and control will be given to the commander of this guard, they appointed Viktor Zolotov.

Shooting is worth it

According to the document, members of the guard will be able to carry out so-called special measures of compulsion: detention; penetration into residential and other premises, plots of land and territories; a cordon (blocking) areas, residential areas, buildings and other objects. Specified cases when the guards can use physical force, special means and firearms. So, they have the right to do it without warning when there is imminent threat to citizens or by members of the military. In addition, troops may be engaged to perform tasks with the use of weapons on the direct orders of the President of the Russian Federation adopted in accordance with the legislation of the Russian Federation.

“Almost all the provisions of the bill are taken from FZ “On police”, — says the Chairman of the police trade Union Mikhail Pashkin. Is and the order of application of weapons and special means, and manner of the use of physical force and enter the house. In this case the law was not a word about operational-investigative activity. So, overall, it will force part of law enforcement agencies that the FSB and the interior Ministry will, if necessary to involve law enforcement special operations”.

After the bill was submitted to the state Duma, the parliamentarians proposed to significantly extend the possibility of using the structure of a firearm. In particular, representatives of the defense Committee decided to lift the ban on firing at a large gathering of people, if necessary to prevent terrorist attacks or the release of the hostages. “We believe that in these cases the risk of causing accidental harm to individuals will be justified”, — said in the conclusion of the defense Committee. The parliamentarians added that this document does not envisage the procedure for the use of bladed weapons, including animals during the attack.

However, the head of the defense Committee, Communist party Deputy Vladimir Komoyedov told “Газетой.Ru” he said that in the first reading of the amendment will not be considered. “About these amendments, was only a preliminary conversation, and I personally opposed them”, — said the MP. But traditionally the main amendments to the bill are made to the second reading, therefore, we cannot exclude that such a rule will still be in the final law on the national guard.

So while the military personnel of internal troops and employees of the interior Ministry, who form the backbone of the national guard, are guided by the law “On police”. The action of the police officers noted that sometimes open fire with lethal weapons in a crowd of people. “Yes, the law “On police” stipulates that it is prohibited. But sometimes simply no other way.

In such cases, look at the consequences: if, as a result, none of the random people were not injured, police most likely will not be punished. For example, recently on Khovansky a cemetery my colleague had to shoot to prevent the beating of a man. But since no one was injured as a result of this, no adverse effects to police was not” — said “Газете.Ru” Alexander, officer of the Moscow police.

Guard of the President

Gennady Gudkov, former head of the Duma Committee on security, believes that the bill really does not clarify the status of the new structure. “On the first page of the bill it is called the “state paramilitary organization”, and further in the text we are talking about “Executive authority,” he explains. — The draft law says that the guard will ensure state security and public security. That is in addition to the FSB, which was created in order to ensure the security of the state, and the interior Ministry, which is intended to protect public safety, created another structure”. In the end, according to Gudkov, there is a blurring of responsibilities and confusion of the agencies ‘ functions.

The new bill, according to Gudkov, violates the Constitution of the Russian Federation. “Basically, the law has an article which spelled out the distinction between the Federal power and the regions. Public safety is a joint responsibility of the Federal centre and subjects of Federation, — he said. — And here guard depart giant, unjustifiable powers. It will fit any mode of protection of objects, with anyone not agreeing”.

According to Gudkov, President Vladimir Putin is creating under itself an army comparable in numbers and arms with the armies of some European countries, and thus strengthen his personal power, creating a mechanism to suppress any protests.

However, Leonid Polyakov, Professor, Department of political science school of Economics, believes that the subordination of the national guard under the President will increase the controllability of power structures. In his opinion, the decision of tasks it is entrusted with, will be more effective than when different power bodies deal with the same issues. “The creation of the guard, I explain the considerations of management, pragmatic character.

I see no reason to fear serious anti-government protests in the near future.

I think that the reasons to see the national guard under the punitive force that is created in the event of mass riots, no” — says the Poles.

The first thing the machine guns

Manning guard, under the bill, will be implemented by military personnel undergoing military service under the contract on appeal, as well as civilian personnel. It is assumed that the creation of the national guard will not require additional funding from the Federal budget. However, the fork on the creation of new power structures the state still have.

According to the presidential decree on the establishment of the national guard, from January 1, 2017, the new service will use its own business cards, letterheads, seals and stamps. The document also foresees the creation of their own forms for the guards. Expenditures can exceed several billion rubles. For example, according to the chamber, only renaming the police to police under the police reform, which started in 2011, cost to the budget of 1,125 billion rubles. Of these, 770 million rubles were spent on documentation changes.

According to the statements of the commander of the new security Agency, army General Viktor Zolotov, changes in documentation is not a priority the creation stage guard. In the first phase, he said, should translate into the National guard, the internal troops, separate units of the interior and other services mentioned in the decree of the President of Russia.

The second step is to set the scope and order of task execution, and to develop the organizational structure of troops. “Also to bring the regulatory framework of the Federal service in accordance with the law. To define the tasks to all the other officers,” said Zolotov. In the third stage should have to consistently complete activities of transforming troops troops in the national guard and to begin to implement the task in full, he stressed. “In the period of reform is required to combat readiness remained at the same high level”, — said the commander.

Meanwhile, although the National guard has not yet created vengeance for her weapons are bought. So, in April 2016, a contract was signed for the supply of 120 reactive flame throwers “Shmel”. Previously, guards were already purchased sound system to disperse unauthorized protests.

Also on arms of national guard will receive the modernized Kalashnikov AK-74M. They will be the main small arms of the new force structure before adopting new assault rifles AEK-971 and AK-12, which will have less weight and increased accuracy. In addition, now, a new machine gun, designed for “the destruction of manpower and firepower destruction of the enemy during special operations in urban environments”. However, while all purchases made for the national guard under the interior Ministry. Own budget the new power structure there. It will only appear in 2017, when it will be finally formed the guard.

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