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Russian PMCs need to bring the legal field

Despite the fact that Russia still a law on the regulation of private military companies have not adopted (PMC), de facto, they have existed for a long time and are lobbying for appropriate changes in the legal field, He writes “Morning.ru”. In the modern world, there is a shortage of private security structures, since the participation of the army, police forces and other government agencies are not enough to solve all security problems.

According to the head of the Association of Military Security Companies, reserve Colonel, former chief of staff of the special forces of the internal troops “Knight” Andrey Golovatyuk, such new challenges, like terrorism, transnational crime, interethnic and interreligious conflicts, made a profession “security specialist” one of the most demanded, and PMC – profitable business. In modern international peacekeeping operations, PMCs have long become equal legal entities.

The fundamental difference between PMCs and detachments of mercenaries and terrorists, is precisely, that these structures are controlled by the state, for which they work. Among the demanded “military services” private structures: armed protection of property of individuals and legal entities, including in the zone of military conflicts, ensuring the security of large public events, development and adoption of measures in the field of information security, professional security of objects, column tracking, intelligence service, military consulting; combat operations, strategic planning, collection of information, operational or logistic support; maintenance and operation of combat systems and equipment; detention of prisoners; counseling and training for military personnel and security guards.

The use of PMCs for armed protection from pirates and escorting civilian ships has already become a routine. These structures are also used to conduct safety audits of oil and gas offshore platforms., ship security, piers and platforms underwater and much more; minefield clearance, destruction of unexploded ordnance, logistic supply of troops; aerial reconnaissance and use of unmanned aerial vehicles.

The history of official PMCs began during the struggle of African countries for independence. Thousands of army and police professionals have been unemployed after the fall of apartheid in South Africa, and armed conflicts did not stop in neighboring countries, inter-tribal and inter-clan wars, revolutions and coups. Unemployed professionals quickly found their way. First private military company Executive Outcomes (“Effective execution”) It was founded in 1989 year in South Africa, she offered the services of military specialists both for training the armed forces of a conditional customer, and for direct participation in specific military activities.

Executive Outcomes became a well-known brand in its field after, how it ensured the preponderance of the government forces during the civil war in Sierra Leone. Success was generously paid – the government paid PMC more than 30 million dollars, and also allocated a quota for the trade in diamonds and other minerals in Sierra Leone. Since then, PMCs began to emerge in the United States., Great Britain, France, Malaysia and Indonesia. Governments were willing to pay well for proxy wars. And the lack of military specialists after graduation “cold war” and there was no collapse of the Warsaw Pact bloc. Thanks to connections in the highest echelons of power in the first world countries, PMC leaders practically negated the use of the concept “mercenary” with all the consequences.

Privateers were hired by the USA and Great Britain – PMC Custer Battles guarded Baghdad airport, Blackwater Security Consulting, ErinysIraq Ltd – oil fields and pipelines, Hart Group – Iraqi energy systems, Kroll accompanied UN missions and convoys, Military Professional Resources, Inc. trained the Iraqi National Guard, The Titan Corporation controlled the prisons.

In Sudan, Chinese PMCs guard oil fields, owned by Chinese entrepreneurs. This grouping consists of 40 thousand fighters, dressed in military uniform without insignia.

Among the former Soviet republics on the PMC market, Georgia and Ukraine are especially noticeable. By the beginning of the five-day war 2008 of the year American companies Cubic Corporation operated in Georgia (creation of a communication system for the armed forces of Georgia) и Kellog, Brown and Root (logistics and technical support of the aircraft). After the conflict, the British company Halo (Hazardous Areas Life Support) Trust Receives Demining Contracts Simultaneously In Georgia And Abkhazia. The contract for the training of the Georgian military contingent for participation in operations in Iraq and Afghanistan was awarded to the American company MPRI.

Israeli company Defensive Shield participated in the Georgian operation in South Ossetia. According to the Swedish State Institute for Defense Research (WAS), the head of this company, Brigadier General Gal Hirsch, prepared and took part in the operation to storm Tskhinval in August 2008 of the year. Also, the instructors of this company trained the Georgian army to participate in hostilities..

Among the largest and most successful PMCs on the Russian market are usually called “RSB Group”, “Tiger Top Rent Security”, “Feraks”, “Antiterror-Eagle”, military consulting company “Alpha Vityaz”, whose employees worked in Iraq, Afghanistan, Kurdistan and other dangerous regions.

Bills have already been submitted to the State Duma twice “About private military companies” Deputy Alexey Mitrofanov and “About the private military and security companies” Deputy Gennady Nosovko. And they were always rejected by specialized departments. At the same time, representatives of PMCs refer to Art. 9 FZ “About defense”, which allows citizens “create organizations and public associations, defensive strengthening”, however, the security officials do not like this initiative. Although PMCs have a clear advantage over the regular army - their services are cheaper, private traders can be involved in solving politically sensitive tasks. In conditions “hybrid war” PMCs are irreplaceable.

The gray area around the activities of PMCs was formed in international law. These structures are not covered by the International Convention against Recruitment, using, funding and training of mercenaries 1989 of the year. International Code of Conduct for Private Military Companies (2010 of the year) is only advisory. The UN Human Rights Council Intergovernmental Working Group recognizes the practice of using private military personnel abroad and the inability to drive it under prohibitive international norms.

According to the co-founder of the PMC OSS Group Boris Chikin, the decision to create a PMC institute in Russia was fifteen to twenty years late. Most lobbyists for the adoption of the law on PMCs expect to receive state funding, he considers it. In the same time, the expert “Gazeta.Ru”, the adoption of such a law will not give Russian structures a real opportunity to work abroad, since the work of companies is regulated only by local legislation. Russian legislation in this area will only create the illusion of state control of this activity..

According to Chikin, to perform special tasks, it is advisable to use a legal entity outside the jurisdiction of Russia, closing it upon completion. And large Russian private security structures, those wishing to work abroad, no need to wait for the relevant laws.

                          
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