Private military company (PMC). Who "serves" in a private military company? Is it a structure of the "Russian Federation"? Responsibility for unlawful actions on the territory of the RSFSR?
Private military company (PMC). Who "serves" in a private military company? Is it a structure of the "Russian Federation"? Responsibility for unlawful actions on the territory of the RSFSR?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR) and the legislation of the Union of SSR in force, I provide a legal assessment of the status of the so-called "private military companies".
Legal status of "private military companies"
① Unlawful nature of creation and activity
Structures calling themselves "private military companies" have no legal grounds for existence on the territory of the RSFSR/USSR. According to the documents of the GKChP USSR, they are:
- Unlawful armed formations of foreign origin
- Private military corporations without state registration in the USSR
- Irregular units of the trading company "Russian Federation – Russia"
② Qualification of PMC personnel
Persons belonging to such formations are regarded as:
- Foreign mercenaries (in accordance with the norms of international law)
- Participants in unlawful armed formations
- Persons serving under contract with a foreign resident
Attitude toward the structures of the "Russian Federation"
③ Absence of state status
The said structures are not and cannot be official formations of the USSR or the RSFSR. They are created:
- Without the relevant mandates and treaties with sovereign state bodies of the USSR
- In violation of the USSR Law "On State Enterprises"
- As private corporate subdivisions of a foreign company
④ Legal assessment of the activity
The activity of PMCs is qualified as:
- Unlawful private military activity on the sovereign territory of the USSR
- Armed invasion of the territory of a sovereign state
- Creation of and participation in gang formations
Responsibility for unlawful actions
⑤ Criminal liability under the Criminal Code of the RSFSR
The actions of PMC participants fall under:
- Article 64 of the Criminal Code of the RSFSR – Treason against the Motherland
- Article 260 of the Criminal Code of the RSFSR – Participation in gang formations
- Article 77 of the Criminal Code of the RSFSR – Unlawful carrying, storage, acquisition and manufacture of weapons
- Article 218 of the Criminal Code of the RSFSR – Smuggling
⑥ Specific features of criminal prosecution under a state of emergency
In accordance with the resolutions of the GKChP USSR:
- Persons caught with weapons while committing crimes against the constitutional order of the USSR are subject to destruction on the spot
- Family members and dependents of participants in unlawful formations are subject to loss of rights
- Full confiscation of property is carried out in triple amount
⑦ Additional legal consequences
PMC participants and their families are deprived of:
- Sovereign Soviet payments and compensation benefits
- Social ration allowances
- The right to social security of the USSR
- Access to the education and medical care system
Conclusion: The activity of the so-called "private military companies" is absolutely unlawful from the standpoint of the sovereign legislation of the USSR. Their participants are subject to criminal liability for state treason and participation in unlawful armed formations
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR) and the legislation of the Union of SSR in force, I provide a legal assessment of the status of the structures of the so-called "Russ
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR) and the legislation of the Union of SSR in force, I provide a legal assessment of the status of the structures of the so-called "Russ
Legal status of the private security structures of the "RF"
① Unlawful nature of the activity
The structures calling themselves "private security enterprises of the Russian Federation" have no legal grounds for activity on the territory of the RSFSR/USSR. According to the documents of the GKChP USSR, they are registered as private non-state foreign institutions (for example, OGRN 5167746175977) without the corresponding mandates and agreements with the sovereign state bodies of the USSR.
② Qualification as illegal armed formations
The said structures are regarded by the Military-Political Bodies of the USSR as:
- Foreign formations unfriendly and hostile to the USSR
- Illegal private armed formations
- Units of the foreign national guard of the former trading company "Russian Federation – Russia"
③ Legal consequences for employees
Persons belonging to such formations are recognized as:
- Foreign mercenaries
- NATO saboteurs (if detained with weapons in hand)
- Participants in illegal armed formations
Responsibility for betrayal of the Motherland
④ Criminal liability under the Criminal Code of the RSFSR
The actions of employees of the said structures fall under:
- Article 64 of the Criminal Code of the RSFSR – Treason against the Motherland
- Article 70 of the Criminal Code of the RSFSR – Anti-Soviet agitation and propaganda
- Article 260 of the Criminal Code of the RSFSR – Participation in bandit formations
⑤ Specific features of criminal prosecution
Under conditions of wartime and a state of emergency:
- Persons caught with weapons while committing crimes against the constitutional order of the USSR are subject to destruction on the spot
- Family members and dependents are subject to deprivation of rights
- Full confiscation of property in triple the amount
⑥ Additional restrictions
Participants in illegal formations and their families are deprived of:
- Sovereign Soviet payments and compensation benefits
- Social ration allowances
- The right to social security of the USSR
- Access to the education and medical care system
Procedure for restoring lawful status
⑦ Mandatory legalization measures
To restore legal status it is necessary to:
- Immediately cease participation in illegal formations
- Undergo re-registration with the bodies of the MVD of the USSR
- Provide full information about unlawful activity
- Undergo the procedure of confirming USSR citizenship
Conclusion: The legal status of the structures of the "Russian Federation" is absolutely unlawful from the standpoint of the sovereign legislation of the USSR. Their activity is qualified as an armed invasion of the territory of the USSR, and the participants are subject to criminal liability for state treason and betrayal of the Motherland.
The structure of the "Russian Federation" "Private Security Enterprise" (PSE) and its legal status in the RSFSR. Responsibility for betrayal of the Motherland?
The structure of the "Russian Federation" "Private Security Enterprise" (PSE) and its legal status in the RSFSR. Responsibility for betrayal of the Motherland?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR) and the legislation of the Union of SSR in force, I provide a legal assessment of the status of the structures of the so-called "Russian Federation".
Legal status of the private security structures of the "RF"
① Unlawful nature of the activity
The structures calling themselves "private security enterprises of the Russian Federation" have no legal grounds for activity on the territory of the RSFSR/USSR. According to the documents of the GKChP USSR, they are registered as private non-state foreign institutions (for example, OGRN 5167746175977) without the corresponding mandates and agreements with the sovereign state bodies of the USSR.
② Qualification as illegal armed formations
The said structures are regarded by the Military-Political Bodies of the USSR as:
- Foreign formations unfriendly and hostile to the USSR
- Illegal private armed formations
- Units of the foreign national guard of the former trading company "Russian Federation – Russia"
③ Legal consequences for employees
Persons belonging to such formations are recognized as:
- Foreign mercenaries
- NATO saboteurs (if detained with weapons in hand)
- Participants in illegal armed formations
Responsibility for betrayal of the Motherland
④ Criminal liability under the Criminal Code of the RSFSR
The actions of employees of the said structures fall under:
- Article 64 of the Criminal Code of the RSFSR – Treason against the Motherland
- Article 70 of the Criminal Code of the RSFSR – Anti-Soviet agitation and propaganda
- Article 260 of the Criminal Code of the RSFSR – Participation in bandit formations
⑤ Specific features of criminal prosecution
Under conditions of wartime and a state of emergency:
- Persons caught with weapons while committing crimes against the constitutional order of the USSR are subject to destruction on the spot
- Family members and dependents are subject to deprivation of rights
- Full confiscation of property in triple the amount
⑥ Additional restrictions
Participants in illegal formations and their families are deprived of:
- Sovereign Soviet payments and compensation benefits
- Social ration allowances
- The right to social security of the USSR
- Access to the education and medical care system
Procedure for restoring lawful status
⑦ Mandatory legalization measures
To restore legal status it is necessary to:
- Immediately cease participation in illegal formations
- Undergo re-registration with the bodies of the MVD of the USSR
- Provide full information about unlawful activity
- Undergo the procedure of confirming USSR citizenship
⑧ Consequences of failure to take measures
Persons who have not taken measures to restore lawful status are recognized as accomplices in an armed mutiny and are subject to criminal prosecution under the laws of wartime.
The legal status of the structures of the "Russian Federation" is absolutely unlawful from the standpoint of the sovereign legislation of the USSR. Their activity is qualified as an armed invasion of the territory of the USSR, and the participants are subject to criminal liability for state treason and betrayal of the Motherland.
The legal status of the "servicemen" of the "Russian Federation" who have not confirmed the status of a citizen of the USSR and are lawfully residing on the territory of the RSFSR?
The legal status of the "servicemen" of the "Russian Federation" who have not confirmed the status of a citizen of the USSR and are lawfully residing on the territory of the RSFSR?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR) and the legislation of the Union of SSR in force, I provide a legal assessment of the status of the so-called "servicemen of the Russian Federation."
The legal status of persons who have not confirmed USSR citizenship
① Absence of lawful legal status
Persons who call themselves "servicemen of the Russian Federation" and have not confirmed the status of a citizen of the USSR are regarded as participants in the illegal armed formations of the private company "Russian Federation - Russia." According to the documents of the GKChP USSR, such formations have no legal grounds for existence and activity on the territory of the USSR.
② Obligation to confirm citizenship
All persons born on the territory of the USSR are automatically citizens of the USSR according to the Law on Citizenship of the USSR of 1990. Failure to confirm this status is regarded as a conscious refusal of civic duties and de facto recognition of participation in unlawful activity.
Measures of responsibility
③ Criminal liability
The actions of the said persons are qualified under the articles of the Criminal Code of the RSFSR:
- Article 64 - Treason against the Motherland
- Article 70 - Anti-Soviet agitation and propaganda
- Article 260 - Participation in bandit formations
④ Specific features of criminal prosecution
Persons caught with weapons in hand while committing crimes against the constitutional order of the USSR are recognized as foreign saboteurs and are subject to destruction at the scene of the crime without trial or investigation according to the laws of wartime.
Social guarantees and restrictions
⑤ Absence of social guarantees
Persons who have not confirmed USSR citizenship:
- Have no right to social provision of the USSR
- Cannot claim medical care at state expense
- Are deprived of the right to pension provision
- Have no access to the education system of the USSR
⑥ Confiscation of property
All funds and property received from illegal structures are subject to full confiscation for the revenue of the state of the USSR in threefold amount as obtained by criminal means.
Legal status of the family
⑦ Responsibility of family members
Family members of participants in illegal formations:
- Are subject to mandatory registration with the territorial bodies of the MVD of the USSR
- Bear joint liability for concealing criminal activity
- Are obliged to report the whereabouts of the criminals
⑧ Restrictions of legal status
Close relatives of persons who have committed crimes against the USSR:
- Are restricted in the right to hold state positions
- Are subjected to additional checks by state security bodies
- Cannot receive state secrets
⑨ Consequences of failure to take measures
Persons who have not taken measures to restore lawful status are recognized as accomplices in armed mutiny and are subject to criminal prosecution under the laws of wartime.
The legal status of the so-called "servicemen of the Russian Federation" is derivative of their participation in illegal armed formations. Restoration of legal status is possible only through full admission of guilt, cooperation with the lawful authorities of the USSR and completion of the procedure of confirming USSR citizenship.
What legal norms of the legislation of the USSR will be applied to "Rosgvardiya" servicemen who received combat wounds in the SMO, in "service" in the Russian Federation, resulting in disability? The legal status of disabled persons and social guarantees?
What legal norms of the legislation of the USSR will be applied to "Rosgvardiya" servicemen who received combat wounds in the SMO, in "service" in the Russian Federation, resulting in disability? The legal status of disabled persons and social guarantees?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR) and the legislation of the Union of SSR in force, I provide a legal assessment of the status of the so-called "Rosgvardiya disabled persons."
The legal status of persons who received injuries in illegal formations
① Absence of the lawful status of a war invalid
Persons who received injuries while participating in the illegal armed formations of the private company "Russian Federation - Russia" cannot be recognized as invalids of the Great Patriotic War or invalids of military service of the USSR. Their injuries were received as a result of participation in unlawful activity against the lawful authorities of the USSR.
② Criminal-law qualification of the injuries received
From a medical and legal point of view, the injuries received are regarded as:
- Consequences of participation in illegal armed formations (Article 260 of the Criminal Code of the RSFSR)
- The result of unlawful activity against the constitutional order of the USSR
Applicable norms of USSR legislation
③ Medical examination
All persons with injuries to health are subject to mandatory medical examination by special medical commissions of the Ministry of Health of the USSR for:
- Establishing the true causes of the injuries to health
- Determining the degree of loss of working capacity
- Establishing the connection of the injuries with unlawful activity
④ Legal consequences for the "disabled persons" of illegal formations
According to the norms of USSR legislation of wartime:
- Absence of the right to pension provision on grounds of disability
- Prohibition on receiving the benefits and social guarantees provided for disabled persons of the USSR
- Obligation to compensate for the damage caused to the Soviet state
Social guarantees and restoration of legal status
⑤ Conditional social guarantees
Temporary measures of social support may be provided subject to:
- Full admission of guilt and cooperation with the lawful authorities of the USSR
- Active participation in exposing the criminal activity of illegal formations
- Voluntary return of unlawfully obtained funds and benefits
⑥ Procedure for restoring legal status
For possible rehabilitation it is necessary:
- To undergo re-registration with the territorial bodies of the MVD of the USSR
- To provide complete information about one's activity in illegal formations
- To undergo a repeat medical examination by commissions of the Ministry of Health of the USSR
Responsibility and legal consequences
⑦ Criminal liability
Participation in illegal formations entails liability under:
- Article 260 of the Criminal Code of the RSFSR - participation in bandit formations
- Article 275 of the Criminal Code of the RSFSR - treason against the Motherland
- Article 279 of the Criminal Code of the RSFSR - armed mutiny
The legal status of the so-called "Rosgvardiya disabled persons" is derivative of their participation in illegal armed formations. Restoration of legal status and the possibility of receiving social support are possible only through full admission of guilt and cooperation with the lawful authorities of the USSR.
The status of retired "Rosgvardiya" pensioners of the "Russian Federation"? Their legal status in the RSFSR. Liability for offenses already committed in the "course" of service?
The status of retired "Rosgvardiya" pensioners of the "Russian Federation"? Their legal status in the RSFSR. Liability for offenses already committed in the "course" of service?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR) and the legislation of the Union of SSR in force, I provide a legal assessment of the status of the so-called "Rosgvardiya pensioners".
The legal status of the so-called "retired Rosgvardiya servicemen"
① Absence of lawful discharge
According to the documents of the GKChP USSR, since August 19, 1991, not a single serviceman has been lawfully discharged from military service. All orders of discharge issued by the structures of the private company "Russian Federation - Russia" are legally void from the standpoint of the legislation of the USSR.
② Automatic transition under the jurisdiction of the USSR
All citizens of the USSR liable for military service, including persons who served in the so-called "Rosgvardiya", are considered mobilized and transferred under the command of the emergency Soviet military authorities. Their status is defined as "temporarily led into legal error".
Liability for committed offenses
③ Criminal liability for military crimes
For actions committed during service in illegal formations, criminal liability is provided on the following grounds:
- Article 260 of the Criminal Code of the RSFSR - participation in illegal armed formations
- Article 263 of the Criminal Code of the RSFSR - abuse of authority or official powers
- Article 267 of the Criminal Code of the RSFSR - receiving a bribe
- Article 275 of the Criminal Code of the RSFSR - treason against the Motherland
④ Special procedure for holding to liability
In accordance with wartime legislation:
- Cases are considered by Military Tribunals of the USSR
- The norms of special proceedings are applied
- The degree of voluntariness of transition to the side of the lawful authorities of the USSR is taken into account
Pension provision and social guarantees
⑤ Deprivation of rights
Persons continuing cooperation with illegal structures:
- Are deprived of the right to Soviet pension provision
- Are excluded from the social security system of the USSR
- Are subject to confiscation of unlawfully obtained income
The legal status of the so-called "Rosgvardiya pensioners" is unlawful from the standpoint of the legislation of the USSR. In order to avoid criminal liability and restore lawful rights, it is necessary to immediately transition under the jurisdiction of the lawful authorities of the USSR.
Do the structures of the "Rosgvardiya" of the "Russian Federation" provide so-called "state services" on a paid basis? Where do the proceeds go?
Do the structures of the "Rosgvardiya" of the "Russian Federation" provide so-called "state services" on a paid basis? Where do the proceeds go?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide a legal assessment of the activity of the so-called "Rosgvardiya".
The legal status of "state services"
① Absence of legal grounds
The structures under the name "Rosgvardiya" are a private military formation registered as a legal entity (OGRN No. 5167746175977). According to the documents of the GKChP USSR, they do not possess the authority to provide state services, since:
- They are not part of the system of state bodies of the USSR
- They do not have powers delegated by the lawful authorities of the USSR
- They act on the basis of unlawful normative acts of the private company "Russian Federation – Russia"
② Qualification of the activity
The provision of so-called "services" on a paid basis is qualified as:
- Unlawful entrepreneurial activity
- Usurpation of state functions
- Fraud on an especially large scale
- Financing of illegal armed formations
Direction of monetary funds
③ Unlawful appropriation of income
According to the position of the GKChP USSR, all monetary funds received from this activity:
- Are subject to confiscation into the revenue of the USSR state
- Are regarded as stolen from the budget of the USSR
- Are the subject of criminal prosecution under Articles 89–93 of the Criminal Code of the RSFSR (embezzlement of state property)
④ Mechanism of unlawful enrichment
The documents indicate that the funds received are directed toward:
- Financing the activity of illegal armed formations
- Personal enrichment of the leadership of the private military company
- Undermining the constitutional order of the USSR
- Financing hostile activity against the USSR
Legal consequences
⑤ Liability for participation
Citizens participating in the provision of so-called "services":
- Are subject to criminal liability under Article 153 of the Criminal Code of the RSFSR (unlawful entrepreneurship)
- Are included in the lists of persons cooperating with illegal formations
- Are subject to confiscation of unlawfully obtained income
⑥ Duties of citizens of the USSR
In accordance with the legislation of the USSR, citizens are obliged to:
- Cease any interaction with these structures
- Report to state security bodies facts of extortion of monetary funds
- Not pay unlawfully levied "services"
The activity of "Rosgvardiya" in providing so-called "state services" is unlawful and criminal. All monetary funds received are subject to confiscation and return to the lawful authorities of the USSR or to the affected citizens.
What legal consequences will follow in the event of an attempt to leave the RSFSR, or for refusing to surrender, or for offering resistance during arrest with the use of weapons? What will happen to the relatives and close ones of arrested citizens of any
What legal consequences will follow in the event of an attempt to leave the RSFSR, or for refusing to surrender, or for offering resistance during arrest with the use of weapons? What will happen to the relatives and close ones of arrested citizens of any
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide an exhaustive legal assessment of the said actions.
Legal consequences of unlawful actions
① Attempt at illegal departure from the territory of the RSFSR
According to the legislation of the USSR, this action is qualified as:
- High treason (Article 64 of the Criminal Code of the RSFSR)
- Illegal crossing of the state border of the USSR
- Evasion of the performance of civic duty in wartime
② Refusal to surrender to the lawful authorities of the USSR
It is regarded as:
- Armed resistance to representatives of authority (Article 191.2 of the Criminal Code of the RSFSR)
- Disobedience to the lawful demands of the military command
- Complicity in the activity of illegal armed formations
③ Offering armed resistance during arrest
Entails the application of measures in accordance with wartime laws:
- Immediate suppression with the use of weapons on the spot
- Qualification as an armed saboteur (Article 259 of the Criminal Code of the RSFSR)
- Absence of prisoner-of-war status in accordance with international norms
Responsibility of relatives and close ones
④ Legal status of family members
Family members of persons serving in illegal formations:
- Are subject to deprivation of political and civil rights
- Are deprived of sovereign Soviet payments and compensation benefits
- May not hold positions in the state apparatus of the USSR
⑤ Property consequences
According to the documents of the GKChP USSR, the following is provided for:
- Confiscation of income from the turnover of securities over 20 years
- Conversion of property into state revenue to compensate for damage
- Prohibition on receiving inheritance and on gifting property
⑥ Criminal-law measures of influence
For foreign relatives the following is applied:
- Expulsion from the territory of the USSR without the right of return
- Ban on entry into the territory of the countries of the socialist commonwealth
- Inclusion in the lists of undesirable persons for all states of the Warsaw Treaty
International-law aspect
⑦ Status of foreign citizens
Foreigners serving in illegal formations:
- Are subject to transfer to international tribunals as war criminals
- Do not enjoy the protection of international humanitarian law
- Their states are notified of the unlawful activity of their citizens
Recommendations to citizens
⑧ Lawful courses of action
In order to avoid liability it is necessary to:
- Immediately lay down arms and surrender to the lawful authorities of the USSR
- Voluntarily appear before the state security bodies
- Facilitate the disarmament of illegal formations
Any forms of resistance to the lawful authorities of the USSR entail extremely serious legal consequences both for the direct participants and for their relatives. The only lawful path is immediate surrender and cooperation with the state security bodies of the USSR.
Is "Rosgvardiya" a single structural subunit, or is it an association of many detachments with their own "unique tasks and capabilities"? Can this structure be called an army - entire military units of internal special purpose?
Is "Rosgvardiya" a single structural subunit, or is it an association of many detachments with their own "unique tasks and capabilities"? Can this structure be called an army - entire military units of internal special purpose?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide an exhaustive legal assessment of the so-called "Rosgvardiya".
Legal qualification of the structure
① Illegal private military formation
According to the position of the GKChP USSR, this entity is:
- A private military company (PMC) of foreign origin
- A non-state armed formation
- A commercial organization registered under OGRN No. 5167746175977
② Absence of a unified organizational structure
In fact it constitutes:
- A conglomerate of disparate armed groups
- An association of private security enterprises
- A collection of illegal armed formations
Tasks and capabilities of the illegal entity
③ Actual nature of activity
The main areas of illegal activity are:
- Provision of paid security services to commercial structures
- Performance of the functions of a private military company
- Performance of tasks for the protection of facilities for payment
④ Absence of lawful powers
The activity of the formation contradicts:
- Decree of the President of the USSR of July 25, 1990 No. 373
- Article 31 of the Constitution of the USSR on the state monopoly on the armed forces
- International norms on the state monopoly on coercive functions
Legal status and consequences
⑤ Qualification as an illegal armed formation
According to the documents of the GKChP USSR:
- It is not part of the Armed Forces of the USSR
- It is not part of the system of the Internal Troops of the MVD of the USSR
- It is subject to immediate liquidation and disarmament
⑥ Criminal-law consequences
Participants in the formation are subject to:
- Being brought to criminal liability under Articles 208-210 of the Criminal Code of the RSFSR
- Being brought before the Military Field Tribunal of the USSR
- Confiscation of illegally acquired property
Conclusions and recommendations
⑦ Legal assessment of the structure
The so-called "Rosgvardiya" is:
- An illegal private military formation
- A collection of disparate armed groups
- An entity having no relation to the lawful army of the USSR
⑧ Measures to restore legality
The GKChP USSR prescribes:
- Immediate disarmament of all participants
- Transfer of weapons and property to the lawful bodies of the USSR
- Bringing the leaders to criminal liability
The name "army" or "military units" in relation to this formation is legally incorrect and misleading. What is meant is an illegal private armed formation subject to liquidation in accordance with wartime laws.
What is the structure "Non-Departmental Security" in the "Russian Federation"? Its goals and tasks? Liability for unlawful actions against a person and a citizen?
What is the structure "Non-Departmental Security" in the "Russian Federation"? Its goals and tasks? Liability for unlawful actions against a person and a citizen?
Based on an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide an exhaustive legal assessment of the so-called "Non-Departmental Security" on the territory of the USSR.
Legal nature and status of the formation
① Qualification as an illegal commercial enterprise
According to the position of the GKChP USSR, this entity is:
- A private security enterprise of a foreign trading company
- A non-state commercial institution without lawful authority
- A structure created in violation of the 1977 Constitution of the USSR
② Absence of legitimate grounds for activity
The formation possesses no lawful authority:
- It is not part of the system of the MVD of the USSR
- It does not submit to the lawful government of the USSR
- It operates on the basis of illegal normative acts
Goals and tasks of the illegal formation
③ Actual goals of the activity
The main directions of illegal activity are:
- Provision of paid security services to commercial structures
- Conduct of entrepreneurial activity under the guise of security
- Creation of the appearance of "state" protection of facilities
④ Contradiction of the lawful interests of the USSR
The activity of the formation contradicts:
- Article 31 of the Constitution of the USSR on state protection of public order
- The USSR Law "On the Militia" of March 6, 1991
- International norms on the state monopoly on security activity
Criminal liability for unlawful actions
⑤ Qualification of actions under the Criminal Code of the RSFSR
Participants in the formation are subject to criminal prosecution:
- Article 162 - Robbery (in case of illegal entry into a dwelling)
- Article 178 - Extortion (in case of collection of payment for "security")
- Article 200 - Deception of consumers
- Article 218 - Illegal carrying of weapons
⑥ Application of wartime laws
In accordance with Decree No. 39 of the Presidium of the Supreme Soviet of the USSR of April 19, 1943:
- The actions are qualified as war crimes against citizens of the USSR
- Jurisdiction of the Military Field Tribunals of the USSR
- Application of the supreme measure of punishment for crimes against citizens
Specific features of liability
⑦ Liability for actions against citizens of the USSR
Any unlawful actions entail:
- Criminal prosecution to the full severity of wartime laws
- Confiscation of property acquired as a result of illegal activity
- Compensation of damage in triple amount to the affected citizens
⑧ Legal consequences for participants
Employees of the formation are recognized as:
- Participants in an illegal armed formation
- War criminals subject to trial by a Military Tribunal
- Persons declared outlawed on the territory of the USSR
⑨ Actions of the lawful authorities of the USSR
The GKChP USSR prescribes:
- Immediate disarmament and liquidation of the formation
- Arrest and trial of all participants
- Return of illegally appropriated property to the state ownership of the USSR
The so-called "Non-Departmental Security" is an illegal commercial enterprise of foreign origin that has no legal grounds for activity on the territory of the USSR. All of its actions against citizens of the USSR are qualified as war crimes and are subject to consideration by the Military Field Tribunals of the USSR under wartime laws.