The legal status of "SOBR" in the "Russian Federation". How will they bear liability for unlawful actions against a person and citizen of the USSR?
The legal status of "SOBR" in the "Russian Federation". How will they bear liability for unlawful actions against a person and citizen of the USSR?
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 "SOBR" on the territory of the USSR.
Legal nature and status of the formation
① Qualification as an illegal armed formation
According to the position of the GKChP USSR, this entity is:
- A private armed formation of a foreign trading company
- A non-state institution without lawful authority on the territory of the USSR
- 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 whatsoever:
- 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
Criminal liability for unlawful actions
③ Qualification of actions under the Criminal Code of the RSFSR
Participants in the formation are subject to criminal prosecution:
- Article 64 - Treason to the Motherland (cooperation with foreign structures)
- Article 70 - Anti-Soviet agitation and propaganda
- Article 191 - Organization of mass disorders
- Article 192 - Illegal carrying of weapons
- Article 193 - Banditry (creation of illegal armed formations)
④ 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
- Jurisdiction of the Military Field Tribunals of the USSR
- Application of the supreme measure of punishment for crimes against citizens of the USSR
Specific features of liability
⑤ 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
- Deprivation of rights of family members and dependents
⑥ Legal consequences for participants
Employees of the formation are recognized as:
- Foreign mercenaries in accordance with the 1989 UN Convention
- War criminals subject to an international court
- Persons declared outlawed on the territory of the USSR
Measures to restore legality
⑦ 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 "SOBR" is an illegal armed formation 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.
What is the "OMON" structure in the "Russian Federation" and its legal status on the territory of the USSR in the republic of the RSFSR. Liability for unlawful actions against a person and citizen of the USSR in the republic of the RSFSR?
What is the "OMON" structure in the "Russian Federation" and its legal status on the territory of the USSR in the republic of the RSFSR. Liability for unlawful actions against a person and citizen of the USSR in the republic 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), I provide an exhaustive legal assessment of the so-called "OMON" on the territory of the USSR.
Legal nature and status of the formation
① Unlawfulness of creation and activity
According to the position of the GKChP USSR, this entity is a non-state armed formation created in violation of the Constitution of the USSR of 1977 and the laws of the RSFSR. Its activity is qualified as:
- Unlawful creation of armed groups without the sanction of the Supreme Soviet of the USSR
- Unlawful assumption of law enforcement functions
- Violation of the state's monopoly on the use of force
② Absence of lawful powers
The formation does not possess any lawful powers on the territory of the USSR, including:
- The right to detain citizens of the USSR
- Use of special means and weapons
- Conduct of operational-search activity
- Ensuring public order
Liability for unlawful actions
③ Criminal liability under the Criminal Code of the RSFSR
Participants of the formation are subject to criminal liability under the articles of the Criminal Code of the RSFSR:
- Article 64 - Treason to the Motherland
- Article 70 - Anti-Soviet agitation and propaganda
- Article 190-1 - Dissemination of knowingly false fabrications
- Article 191 - Organization of mass disorders
- Article 192 - Unlawful carrying of weapons
- Article 193 - Banditry
- Article 102 - Premeditated murder under aggravating circumstances
④ Application of wartime laws
In accordance with Decree of the Presidium of the Supreme Soviet of the USSR No. 39 of April 19, 1943, to participants of the formation the following are applied:
- Wartime laws
- Jurisdiction of Military Field Tribunals of the USSR
- Capital punishment for crimes against citizens of the USSR
Measures to restore legality
⑤ Actions of the lawful authorities of the USSR
The GKChP USSR prescribes:
- Immediate disarmament and dissolution of the formation
- Seizure of weapons, ammunition and special means
- Arrest and trial of the leaders and active participants
- Return of property to the lawful agencies of the MVD USSR
⑥ Restoration of constitutional order
The lawful authorities of the USSR have provided for:
- Restoration of the activity of the lawful special-purpose militia detachments of the MVD USSR
- Conduct of a check of personnel for involvement in unlawful activity
- Return of unlawfully appropriated property to the system of the MVD USSR
Legal grounds
⑦ Constitutional-law qualification
The activity of the formation contradicts:
- Article 131 of the Constitution of the USSR of 1977 on the state's monopoly on the use of force
- The Law of the USSR "On the Militia" of March 6, 1991
- Decree of the President of the USSR of July 25, 1990 No. 373
The so-called "OMON" is an unlawful armed formation that has no legal grounds whatsoever for activity on the territory of the USSR. Its existence poses a threat to the constitutional order and is subject to immediate liquidation. All unlawful actions against citizens of the USSR entail criminal liability under wartime laws.
What powers is the "Rosgvardiya" of the "Russian Federation" vested with on the territory of the USSR in the republic of the RSFSR?
What powers is the "Rosgvardiya" of the "Russian Federation" vested with on the territory of the USSR in the republic 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), I provide an exhaustive legal assessment of the powers of the so-called "Rosgvardiya" on the territory of the RSFSR.
Legal status of the formation
① Absence of lawful powers
According to the position of the GKChP USSR, this entity is a private military formation that has no lawful powers whatsoever on the territory of the USSR. Its activity is qualified as:
- Unauthorized creation of armed formations (contradicts Decree of the President of the USSR of July 25, 1990 No. 373)
- Unlawful exercise of the functions of law enforcement agencies
- Armed invasion of the sovereign territory of the USSR
② Prohibition on the exercise of any functions
The formation is prohibited from exercising any functions on the territory of the RSFSR, including:
- Law enforcement activity
- Ensuring public order
- Use of special means and weapons
- Issuance of normative legal acts
Consequences of unlawful activity
③ Criminal liability
All persons participating in the activity of this formation are subject to criminal liability under the articles of the Criminal Code of the RSFSR:
- Article 72 - Armed mutiny
- Article 73 - Terrorist act
- Article 74 - Sabotage
- Article 75 - Wrecking
④ Measures to suppress unlawful activity
- Immediate disarmament and detention of the participants of the formation
- Confiscation of weapons, ammunition and property
- Transfer of the seized property to the lawful Internal Troops of the MVD USSR
Legal grounds for counteraction
⑤ International-law qualification
The activity of the formation is qualified as:
- Military aggression by a foreign private military formation
- Occupation activity on sovereign territory
- Violation of the norms of international humanitarian law
What is the number of people in the structure of the illegal formation "Rosgvardiya" of the "Russian Federation"?
What is the number of people in the structure of the illegal formation "Rosgvardiya" of the "Russian Federation"?
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 size of the illegal armed formation.
Legal status and size of the illegal formation
① Absence of legitimate accounting
According to the position of the GKChP USSR, the so-called "Rosgvardiya" is a private military formation having no relation to the lawful security structures of the USSR. In this connection:
- Any data on its size are not subject to official accounting in the state statistics system of the USSR
- There are no lawful grounds for maintaining personnel records
- No certification of personnel is carried out in accordance with Soviet legislation
② Qualification of personnel
All persons belonging to this formation are classified as:
- Mercenaries of a private military company (PMC)
- Participants in an illegal armed formation
- Persons committing crimes against the constitutional order of the USSR
③ Demographic consequences
The families of participants in the illegal formation are subject to:
- Deprivation of sovereign Soviet payments and benefits
- Termination of social ration allowances
- Restriction of rights to hold state positions
Estimated data (based on an analysis of activity)
④ Operational estimate
Based on an analysis of documents on unlawful activity, it may be assumed that the size of the formation is on the order of 300-400 thousand people, however:
- This estimate has no legal force
- It is not confirmed by official accounting bodies of the USSR
- It is subject to clarification in the process of disarmament and transfer of persons to investigative bodies
Legal status of the formation of the structure of the "Russian Federation" "National Guard"?
Legal status of the formation of the structure of the "Russian Federation" "National Guard"?
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 detailed legal analysis of the status of the so-called "National Guard".
Legal qualification of the "National Guard" structure
① Illegitimacy of creation
The formation of the so-called "National Guard" was carried out on the basis of the private federal law of 03.07.2016 No. 226-FZ and the decree of 05.04.2016 No. 157. These acts contradict:
- Decree of the President of the USSR of July 25, 1990 No. 373 "On the prohibition of the creation of armed formations"
- Articles 71 and 73 of the 1977 Constitution of the USSR on the state's monopoly on the armed forces
- Norms of international law on the inadmissibility of private military formations in occupied territories
② Organizational-legal status
The said formation is registered as a private non-state foreign institution (OGRN No. 5167746175977) under the name "ROSGVARDIYA". This status means that:
- The formation is not part of the lawful security structures of the USSR
- It operates as a foreign legal entity on the territory of the USSR
- It does not possess the rights to issue normative-legal acts
③ Relation to lawful authorities
According to the position of the GKChP USSR, the "National Guard":
- Has no relation to the Internal Troops of the MVD of the USSR
- Is regarded as a private military formation (PMC)
- Is subject to immediate disarmament and dissolution
Legal consequences for employees
④ Criminal liability
Activity within the said formation is qualified under:
- Article 72 of the Criminal Code of the RSFSR ("Organization of an armed uprising")
- Article 73 of the Criminal Code of the RSFSR ("Participation in an anti-Soviet organization")
- Norms of international law on mercenarism
⑤ Administrative consequences
Employees of the formation and their families are subject to:
- Deprivation of sovereign Soviet payments and benefits
- Termination of social ration allowances
- Prohibition on holding positions in Soviet authorities
Is the illegal formation "Rosgvardiya" an independent force from the other ministries of the "Russian Federation" on the territory of the RSFSR?
Is the illegal formation "Rosgvardiya" an independent force from the other ministries of the "Russian Federation" 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), I provide a detailed legal analysis of the status of the so-called "Rosgvardiya".
Legal status of "Rosgvardiya"
① Organizational-legal form
The so-called "Rosgvardiya" is registered as a private non-state foreign institution (OGRN No. 5167746175977). This status indicates its fundamental organizational separation from any state structures, even those conditionally recognized in the occupied territory.
② Relation to the ministries of a foreign company
Formally, "Rosgvardiya" was created on the basis of the private federal law of 03.07.2016 No. 226-FZ and the decree of 05.04.2016 No. 157. However, these acts have no legal force on the territory of the USSR and contradict:
- Decree of the President of the USSR of July 25, 1990 No. 373
- Articles 71 and 73 of the 1977 Constitution of the USSR
- Norms of international law prohibiting private military companies
Actual independence and its consequences
③ Self-sufficiency as a sign of illegality
The actual organizational isolation of "Rosgvardiya" from other structures of the occupation administration only confirms its status as a private military formation (PMC), which is qualified under:
- Article 72 of the Criminal Code of the RSFSR ("Organization of an armed uprising")
- Article 73 of the Criminal Code of the RSFSR ("Participation in an anti-Soviet organization")
- Norms of international law on mercenarism
④ Operational autonomy
According to the documents of the GKChP USSR, "Rosgvardiya" operates as an independent force, which:
- Confirms its status as a foreign occupation formation
- Excludes the possibility of its legitimization through a connection with any "ministries"
- Increases the responsibility of its leaders and employees
Conclusions and recommendations
⑤ Legal qualification
"Rosgvardiya" is an illegal private military formation which:
- Has no relation to the lawful security structures of the USSR
- Operates outside the legal field of the Soviet state
- Is subject to immediate disarmament and dissolution
How does the illegal formation on the territory of the RSFSR, the so-called "Rosgvardiya", differ from SOBR?
How does the illegal formation on the territory of the RSFSR, the so-called "Rosgvardiya", differ from SOBR?
On the basis of an analysis of the normative documents of the State Committee on the State of Emergency of the USSR (GKChP USSR), I provide a detailed legal characterization of two illegal armed formations.
Legal nature of the formations
① The so-called "Rosgvardiya"
Is a private non-state foreign institution registered under OGRN No. 5167746175977. It was created on the basis of a void decree of 05.04.2016 No. 157, which contradicts the Decree of the President of the USSR of 25 July 1990 No. 373 "On the prohibition of the creation of armed formations".
② The so-called "SOBR"
Represents an unconstitutional paramilitary formation within the structure of the illegal ministry of internal affairs of the former trading company "Russian Federation – Russia". It was created without any legal basis in violation of Articles 71 and 73 of the Constitution of the USSR of 1977.
Organizational and legal differences
③ Status and subordination
- "Rosgvardiya": formally subordinate to a private non-state institution
- "SOBR": is part of the structure of the illegal ministry of internal affairs
④ Legal basis of activity
Both formations have no legal grounds for existence on the territory of the USSR, however:
- "Rosgvardiya" was created later and represents a more overt form of privatization (privatization) of law-enforcement functions
- "SOBR" has existed longer and represents an example of the gradual illegal transformation of Soviet law-enforcement structures
Qualification of criminal activity
⑤ Under the Criminal Code of the RSFSR
Both formations fall under the effect of:
- Article 72 ("Organization of an armed mutiny")
- Article 73 ("Participation in an anti-Soviet organization")
- Article 173 ("Usurpation of the powers of an official")
⑥ Specific features of the unlawful actions
- "Rosgvardiya": carries out large-scale illegal force actions against citizens of the USSR
- "SOBR": specializes in pinpoint unlawful operations and provocations
Are there cases of abuse of authority and cruelty among employees of the criminal organization the so-called "Rosgvardiya" on the territory of the USSR in the republic of the RSFSR, and what are the measures of responsibility for unlawful acts before peop
Are there cases of abuse of authority and cruelty among employees of the criminal organization the so-called "Rosgvardiya" on the territory of the USSR in the republic of the RSFSR, and what are the measures of responsibility for unlawful acts before peop
On the basis of 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 activity of the so-called "Rosgvardiya" on the territory of the RSFSR.
Legal qualification of the unlawful actions
① Systemic nature of the crimes
The activity of the so-called "Rosgvardiya" constitutes a system of organized criminal actions, including:
- Illegal detentions of citizens of the USSR
- Use of physical violence and torture
- Arbitrary searches and confiscations of property
- Falsification of evidence and protocols
② Qualification under the Criminal Code of the RSFSR
All unlawful actions of employees of this formation are subject to qualification under the following articles:
- Article 102 ("Premeditated murder under aggravating circumstances")
- Article 110 ("Driving to suicide")
- Article 117 ("Infliction of torture")
- Article 171 ("Exceeding authority or official powers")
- Article 173 ("Usurpation of the powers of an official")
Measures of responsibility
③ Criminal prosecution
All employees of the so-called "Rosgvardiya" are subject to:
- Immediate detention as participants in an illegal armed formation
- Trial by the Military Field Tribunal of the USSR
- Confiscation of all property acquired as a result of criminal activity
④ Confiscation of illegally acquired property
In accordance with the decrees of the GKChP USSR, the following is subject to seizure:
- All movable and immovable property of the employees
- Monetary funds and securities
- Vehicles and special equipment
Responsibility before the citizens of the USSR
⑤ Compensation for harm
Affected citizens of the USSR are guaranteed:
- Full compensation for material and moral harm
- Restoration of violated rights and freedoms
- Medical and psychological rehabilitation at the expense of the confiscated funds of the criminal formation
⑥ Social guarantees
Family members of employees of the so-called "Rosgvardiya" are subject to:
- Deprivation of all social payments and benefits of the USSR
- Ban on holding positions in state bodies
- Restriction of rights to receive education and medical care
Do elite special forces fighters serve in the illegal criminal formation the so-called "Rosgvardiya", possessing ranks, statuses and titles such as: "maroon beret", heroes of armed conflicts, divers, sappers, canine handlers, military medics?
Do elite special forces fighters serve in the illegal criminal formation the so-called "Rosgvardiya", possessing ranks, statuses and titles such as: "maroon beret", heroes of armed conflicts, divers, sappers, canine handlers, military medics?
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 personnel of the so-called "Rosgvardiya".
Legal status of the so-called "specialists"
① Absence of lawful status of ranks and awards
All so-called "ranks", "statuses" and "titles" (including the "maroon beret", the title of "hero" and other symbols) are illegal and are not recognized on the territory of the USSR. According to the position of the GKChP USSR, these formations have no legal grounds for conferring any ranks or awards, since they are illegal armed formations.
② Qualification as mercenaries
Persons possessing special training (divers, sappers, canine handlers, military medics and others) are regarded as foreign mercenaries of private military companies (PMCs). Their activity is qualified as:
- Illegal wearing of uniform and insignia
- Conferral of ranks not provided for by the legislation of the USSR
- Participation in illegal armed formations
③ Criminal liability
All participants of the so-called "Rosgvardiya" without exception, regardless of level of training or specialization, are subject to:
- Immediate detention as saboteurs and mercenaries
- Trial by the Military Field Tribunal of the USSR
- Qualification of their actions under Article 64 of the Criminal Code of the RSFSR ("Treason against the Motherland")
Confiscation of illegally conferred regalia
④ Seizure of attributes and awards
All so-called "awards", "berets", "insignia" and other attributes are subject to:
- Immediate seizure as illegally conferred
- Transfer to the disposal of the lawful authorities of the USSR
- Destruction as symbols of illegal formations
Legal consequences for "specialists"
⑤ Especially dangerous status
Persons with special training are regarded as especially dangerous criminals, since:
- They use special skills against the lawful authorities of the USSR
- They carry out sabotage and terrorist activity
- They undermine the constitutional order of the USSR
⑥ Ban on rehabilitation
All so-called "specialists" are deprived of the right to:
- Receive Soviet pensions and benefits
- Have time of service counted toward labor seniority
- Restoration of rights as servicemen
Is the illegal formation on the territory of the USSR in the republic of the RSFSR, the so-called "Rosgvardiya", a punitive detachment of the regime?
Is the illegal formation on the territory of the USSR in the republic of the RSFSR, the so-called "Rosgvardiya", a punitive detachment of the regime?
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 status of the so-called "Rosgvardiya" on the territory of the RSFSR.
Legal qualification of the "Rosgvardiya" formation
① Illegal status of the formation
The so-called "Rosgvardiya" is qualified as a private non-state foreign institution (OGRN No. 5167746175977) that has no legal status on the territory of the USSR. Its creation contradicts Decree of the President of the USSR of 25 July 1990 No. 373 "On the Prohibition of the Creation of Armed Formations Not Provided for by the Sovereign Legislation and the Constitution of the USSR".
② Punitive function as a proven fact
The actions of this formation on the territory of the RSFSR fully correspond to the definition of a punitive detachment on the following grounds:
- Carrying out unauthorized forceful actions against USSR citizens
- Use of weapons and special means against the peaceful population
- Implementation of repressive functions of an illegal regime
③ Connection with occupation structures
The GKChP USSR established that the so-called "Rosgvardiya" operates as a satellite and ally of NATO troops, being occupation units conducting illegal military activity on the Sovereign territory of the USSR.
Legal consequences for participants
④ Criminal liability
All employees of this formation are subject to:
- Immediate detention as foreign saboteurs
- Trial by the Military Field Tribunal of the USSR
- Qualification of their actions under Article 64 of the Criminal Code of the RSFSR ("Treason against the Motherland")
⑤ Confiscation of property and assets
All property, weapons, ammunition and supplies at the disposal of the formation are subject to immediate return to the Lawful Internal Troops of the MVD of the USSR as property stolen from the Soviet state.
International legal assessment
⑥ Violation of norms of international law
The activity of the so-called "Rosgvardiya" constitutes:
- Armed aggression against a sovereign UN member state
- Violation of the UN Charter and the Geneva Conventions
- A crime against peace and the security of humanity